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HomeMy WebLinkAbout02/14/2011 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 14, 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 Tern) 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(I)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: Paul Huting, Leisure Services Director. February 14, 2011 Page 2 Agenda, as proposed or amended. Minutes of February 7, 2011, Regular 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. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Isle Casino Hotel of 777 Isle of Capri Boulevard,for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney 3. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with National Cigar Store of 617 Sycamore Street,for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney 4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Walgreens 7455 located at 111 W. Ridgeway 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. Request of Jerry Grier for tax exemptions on improvements totaling $180,000.00 for property located at 23 Lafayette Street and located in the Consolidated Urban Revitalization Area, and rescind Resolution No. 2011-70 in its entirety Submitted by Shane Graham, Planner II Page 3 February 14, 2011 b. Motion to approve the following: Travel Requests Amount not Name & Title of Class/Meeting Destination Date(s) to Exceed Personnel Attend Main Waterloo, 2011 $120.00 1. Mayor Buck Clark Calendar Street Waterloo Iowa Year monthly board meetings Denver, March $2,860.00 National FusionColorado 14 18, 2. Plan Wilson, Center Planner/Analyst; 2011 Joseph Saunders, Conference Inves '•ator Marijuana Ankeny, April 11 $710.00 3. Investigator ChrisIowa 14, 2011 Morley; Investigator Identification John DeKoster Class May16- $1,690.00 Hesse 4. Investigator Stacy Internet Crimes San Jose, Against Children California 20, 2011 National Con erence 5. Investigator Eryn Wicklander- Sioux City, February $290.00Zewlawski Iowa 20-25, Hageman; 2011 Investigator Stacy Interview & Hesse Interrogation School New or Re- Appointee Board/Commission Expiration Date A. .oi ointment lgppointee New Patricia Sass Board of Adjustment December 8, 2014 A. ,ointment Craig Holdiman Board of Adjustment December 8, 2014 Re Appointment Sandy Goldsberry Board of Adjustment December 8, 2014 Re Appointment February 14, 2011 Beer License Pe Page 4 rmit Application Class C 7 City Liquor& Tobacco, 508 Broadway Street (Renewal) (Expires 2/28/I1) (Includes Sunday Sales) 8. Kmart#4158, 3810 University Avenue (Renewal) (Expires 2/29/12) (Includes Sunday Sales) 9. Jim Lind Standard Service, 230 E. Ridgeway Avenue (Renewal) E r 4/6/12) (Includes Sunday Sales) (Expires Liquor License Permit Application Class 10. Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Ownership Change) (3/11/11) (Includes Sunday Sales) g ) Liquor License Permit Application Class E 11. City Liquor& Tobacco, 508 Broadway Street (Renewal) (Expires 2/28/11) (Includes Sunday Sales) Wine License Permit Application Class B 12. City Liquor& Tobacco, 508 Broadway Street (Renewal) (Expires 2/28/11) (Includes Sunday Sales) 13. Kmart#4158, 3810 University Avenue (Renewal) (Expires 2/29/12) (Includes Sunday Sales) OLD BUSINESS 2. Motion to approve the following: Class C Beer, Class E Liquor, Class B Wine License Permit A lications E 4th Liquor Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) PUBLIC HEARINGS 3. F.Y. 2011 Downtown Wa zndin Si na e Contract No. 783 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 plans, specifications,form of contract, etc. Resolution ordering construction. (Project will be let by IDOT on February 15, 2011) Submitted by Jeff Bales, Associate Engineer February 14, 2011 Page 5 RESOLUTIONS 4. Resolution approving award of bid to Zephyr Aluminum Products of Dubuque, Iowa in the amount of$30,895.00 in conjunction with Livingston Hangar Window Replacement Project at Waterloo Regional Airport. Submitted by Bradley Hagen, Airport Director 5. Resolution approving Contract, Bonds and Certificates of Insurance with Zephyr Aluminum Products of Dubuque, Iowa in the amount of$30,895.00 in conjunction with Livingston Hangar Window Replacement Project at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents. Submitted by Bradley Hagen, Airport Director 6. Resolution approving modifications to Cedar River Boat House fees and policies. Submitted by Paul Huting, Leisure Services Director 7. Resolution approving Bonds and Certificates of Insurance with Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa for asbestos abatement services in conjunction with Public Assistance demolition activities of the Hazard Mitigation Grant Program Property Acquisition Project. Submitted by Aric Schroeder, City Planner 8. Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for CU and The Cellar, LW at 320 E. 4th Street, in the amount of$19,497.30. Submitted by Aric Schroeder, City Planner 9. Resolution approving request for Metropolitan Enhancement Funds; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer 10. Resolution approving endorsing the use of Metropolitan Enhancement Funds for the development of F.Y. 2011 Lou Henry Hoover Sculpture Garden, Contract No. 803 located adjacent to U.S. Highway 218 between West 4th Street and Park Avenue. Submitted by Jeff Bales, Associate Engineer February 14, 2011 Page 6 11. Resolution approving Supplemental Specification for Sanitary Sewers and Construction Materials in conjunction with Municipal Public Works Construction. Submitted by Dennis Gentz, P.E., Assistant City Engineer 12. Resolution approving request from Wayne Claassen Engineering & Surveying, Inc. on behalf of Young Development for a variance to the 2001 Waterloo Code of Ordinance to allow low profile curb for the proposed Kiingaman Park Fourth Addition Subdivision. Submitted by Dennis Gentz, P.E., Assistant City Engineer 13. Resolution approving First Amendment to Development Agreement with Richard C. Mauer for the Mauer Eye Center development located at 2515 Cyclone Drive, a 25,000 square foot professional office building, with a new minimum taxable value of$2,989,180, and reduce the years of tax rebates from 10 years to 5 years; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning cc Development Director 14. Resolution approving request to submit an application to the U.S. Department of Labor, Employment and Training for a grant in an amount up to $1.5 million to fund a visionary program called S.E.E.D. - Structured Education Experience Development. Submitted by Daniel J. Trelka, Director of Safety Services ORDINANCES 15. Post-Construction Storm Water Management Motion to receive,file, consider and pass for the second 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 third time and adopt ordinance. Submitted by Wayne Castle, PLS, El, Associate Engineer February 14, 2011 Page 7 OTHER COUNCIL BUSINESS 16. Motion approving Change Order No. 2 for a net increase of$39,963.85 for work performed by K. Cunningham Construction of Cedar Falls, Iowa in conjunction with Rehabilitation of Runway 18/36 at Waterloo Regional Airport. Submitted by Bradley Hagen, Airport Director 17. Motion approving Change Order No. 1A to extend the project deadline to March 31, 2011 in conjunction with Energy Efficiency & Conservation Block Grant for the TechWorks Energy Plan Feasibility Study. Submitted by Michelle Weidner, Chief Financial Officer 18. Purchase of One (1) 2011 Rear Load Garbage Truck Motion to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution instructing City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Set date of hearing and bid opening as March 7, 2011. Submitted by Mark Rice, Superintendent of Central Garage 19. F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808 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 and bid opening as March 7, 2011. Submitted by Jamie Knutson, P.E., Associate Engineer 20. Resolution setting date of hearing for the FYE2012 budget as March 7, 2011. Submitted by Michelle Weidner, Chief Financial Officer ORAL PRESENTATIONS Motion to receive and file oral comments. February 14, 2011 Page 8 ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 14, 2011 3:45p.m. - Council Work Session, Council Chambers 4:15p.m. - Council Work Session, Council Chambers 4:45 p.m. -Public Works Committee, Council Chambers 4:50 p.m. -Building and Grounds Committee, Council Chambers 4:55 p.m. - Boards and Commissions Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission minutes of January 11, 2011 on file in the City Clerk's office. 2. Memorial Hall Commission minutes of August 25, 2010 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2007 Waterloo Dam Rehabilitation and Riverwall Construction, Contract No. 713 Pay estimate No. 28 to AECOM in the total amount due of$5,887.85 2. F.Y. 2007 Waterloo Dam Rehabilitation and Riverwall Construction, Contract No. 713 Pay estimate No. 70 to Peterson Contractors, Inc. in the total amount due of $123,398.68 3. F.Y. 2007 Riverloop Exposition Plaza, Phase I, Contract No. 721 Pay estimate No. 46 to Cunningham Construction in the total amount due of $21,899.26 4. Cedar River Water Trail between Park Ave Dam & 6th Street, Contract No. 734 Pay estimate No. 7 to AECOM in the total amount due of$4,600.00 February 14, 2011 Page 9 5. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 9 to AECOM in the total amount due of$8,141.61 6. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 2 to Snyder&Associates Engineers & Planners in the total amount due of$25,002.56 7. West Shaulis Road Extension, Contract No. 784 Pay estimate No. 2 to Kirkham Michael &Associates in the total amount due of $7,543.61 8. F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 1 to Vieth Construction in the total amount due of$24,029.30 9. Phase 2 Demolition -Former Chamberlain Manufacturing Property, Contract No. 762 Payment to Active Thermal Concepts, Inc. in the total amount due of$30,123.95 10. Park Avenue Bridge Conceptual Design & Public Involvement Services Pay estimate No. 6 to AECOM in the total amount due of$5,961.58 11. Cedar Valley Riverfront Renaissance Waterloo Vision IA Project, etc. Payment to AECOM in the total amount due of$14,957.38 12. Dry Run Creek Arch Review Payment to AECOM in the total amount due of$6,671.71 13. Sink Creek Watershed at south portion of City of Waterloo Assessment Payment to Robinson Engineering Co. in the total amount due of$6,136.00 14. U.S. Hwy 63 West Shaulis Road Extension, Contract No. 784 Final Design Phase NHSX-63-6(69) 3H-07 Pay estimate No. 4 to AECOM in the total amount due of$17,167.04 Amended Council Agenda Items Council Meeting Monday, February 14, 2011 u 7, Change wording 11. Resolution approving updated Standard Specifications for Municipal Public Works Construction, Sanitary Sewers and Construction material. Submitted by Dennis Gentz, P.E., Assistant City Engineer MM Change to deny the request 12. Resolution denying the request from Wayne Claassen Engineering & Surveying, Inc. on behalf of Young Development for a variance to the 2001 Waterloo Code of Ordinance to allow low profile curb for the proposed Klingaman Park Fourth Addition Subdivision. Submitted by Dennis Gentz, P.E., Assistant City Engineer W'LOO CITY OF AD NUMBER PAGE NO. UM COURIER W'LOO OFFICE 1342843 1 of 1 715 MULBERRY BILL DATE SALESPERSON WATERLOO, IA 50703 03/04/11 milli 319-291-4323 START DATE STOP DATE 03/04/11 03/04/11 AD NUMBER AD DESCRIPTION CLASS LINES 1342843 FEB 14THE MTG.&RESO.2011-94 0950 LEGAL NOTICE 906 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $393.20 TOTAL AD CHARGE $393.20 PAY THIS AMOUNT $393.20 $393.20 COURIER COMMUNICATION: Please send only the payment slip with payments. Allow 5 business days c/o LEE NEWSPAPERS for payment to be applied to account. For legal questions, please call PO BOX 540 319-291-1411 or 800-798-1741 Mon-Fri 8:00-5:00 pm CST. WATERLOO IA 50704-0540 Return this portion with your payment Legal Check# i Credit Card Ad Number 1342843 COURIER COMMUNICATIONS � clo LEE NEWSPAPERS n V l J nL, Billing Date 03/04/11 PO BOX 540 WATERLOO IA 50704-0540 Acct#: Amount Due $ 393.20 Exp.Date:b Amount Name on credit card Enclosed. $ 1 Signature - Please make checks payable to: COURIER COMMUNICATIONS 000600 COURIER COMMUNICATIONS EV W'LOO CITY OF c/o LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO, IA 50703 IIIIIIIIIIIIIIIIl IIIl Il IIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIII 21780300000013428430000000000000003932000000393201 I do solemnly swear that the annexed copy of legal STATE OF IOWA, } City of waterloo Feb. 14th meeting and Res. 2011-94 Black Hawk County, SS Notice was published in the Waterloo-Cedar Falls �', Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of March, 2011 in the name of said newspaper, and that the annexed rate of advertised is the regular • legal rate of said newspaper, and that the following is !a teachers recen a correct bill for publishing said notice. Printer's Bill $393.20 West,a new special educa- based nonprofit lending tion teacher at Manches- organization is funding terdie's West bothDelaware Mreceived another,000 50 grantscho of up to or dle School, both received $2,000 this school year for �� .�((/��- $2,000 grants. They are new teachers through the among a dozen new Iowa program. Signed educators who received the The grants are open to Teacher Career Establish- recent college graduates ment Grants. who are in their first year r,The West Des Moines- of teaching in Iowa class- Subscribed and sworn to before me this t, Da of J A.D. 20 y down suspected burglars e COMMISSION NO 7v1976 it EXPIRES charged with possession of including a large number of w, stolen property, a Class D collectible coins. Authori- "' YYY"` Notary Public felony, and second-degree ties alerted businesses to be burglary,a Class C felony. on the lookout for the coins Colleen Colon-Daniel, Wednesday. Received of 43,is charged with second- Investigators also discov- degree burglary. ered a suspected drug lab Police executed four search and seized related items, warrants at three loca- according to police. tions, recovering property The investigation is the sum of allegedly stolen at all three, continuing. Dollars. go up on college grounds In full for publication of the above notice. like to b . . affordable h - no formal purchase offer. ingonthe • The college grounds on Andy P• -e, superin- East Clark Street covers tendent of th• arles City out four city blocks. The School Distric .'d the sftol district's transporta- organization is c. • ing lion center is situated on the a number of comm... property's east edge. Charles City is just one . .oldcin. k is on the them. pr.. A acco air'_ . Pat- Pattee ad.•. ,,, •• • •• • • •mainder • 1 `, February 7, 2011 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, February 7, 2011. Mayor Ernest G. Clark in. the Chair. Roll Call: Cole, Jones, Greenwood, Welper, Hart. Absent: Getty, Schmitt Moment of Silence. Pledge of Allegiance: Abraham Funchess, Human Rights Director. 135895 - Hart/Welper that the Agenda, as amended , for the Regular Session on Monday, February 7, 2011, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135896 - Hart/Welper that the Minutes, as proposed, for the Regular Session on Monday, January 24, 2011, at 5:30 p.m. and Special Session on Thursday, January 27, 2011, at 8:00 a.m. , be accepted and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. CONSENT AGENDA 135897 - Hart/Welper 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. 1-63, dated February 7, 2011, in the amount of $3,054,234 .08, 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. 2011-63. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-64 . 3. Request of Dr. Walter Cunningham School of Excellence to hold Cunningham 5K 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. Resolution adopted and upon approval by Mayor assigned No. 2011-65. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-66. 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. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2011-67. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-68. 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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) Wine License Permit Application Class B 17. E 4th Liquor Store, 735 Logan Avenue (transfer from 1027 E. 4eh) (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) Sunday 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 I-80 north to U.S. 218 in Waterloo on March 15, 2011. Ayes: Five, and move items 1b5, 1b13 and 1b17 to be discussed after the consent agenda. Absent: Getty, Schmitt. Motion carried. Hart/Greenwood to approve agenda items 1b5, 1b13 and 1b17. Prior to a vote on the above items, the following comments were heard. Renee Carson, 713 Logan Avenue, Common Grounds Logan Avenue Neighborhood Association, I am coming and asking the council to really think about this. We don't want this in our neighborhood. Do you know how long it took us to clean Elm block up? And then have this dumped right back in. Where all the drug dealers and everything else can come back in our neighborhood. We are now getting to the place where we can let our kids out. And now to put this liquor store? I don't want it, the neighborhood don't want it. We want our neighborhood to be safe. And its not a safe environment with a liquor store in there. And then we have Remix, a youth organization that' s housed right in our building. We don't want that when we got youth coming in our building. We don't want that there. And I want you all to really consider. Its time for the council to say enough is enough. And everybody knows Elm block is a trouble area. We got it cleaned up. We don't want this back in our area no more. We want to enjoy the quality of life too. And then to have it interrupted with this, no. We don't want this. So whatever it takes we don't want it. We got to sit out and picket or do whatever that' s what we are gonna do. We don't want it. Charlene Mishler, Common Grounds Neighborhood, 319 Center Street, I've lived in that address for over 30 years. I can tell you right now we already have two liquor stores within two blocks of where this one wants to open up. And a third one that would be within 5 blocks. Last year my husband and I picked up over 2, 000 cans and bottles in Common Ground. And we didn't get them all, I'll tell you. We do not need this in our neighborhood. We don't want this in our neighborhood. 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And the number that are present in our community versus some other communities. And then the third thing that I would like you to consider to look at is that often times many of my people live in situations that are less than pleasant and to continue to put these kinds of businesses in our community continues to send the message that no one really cares about us. And so, I was kind of thinking about a Michael Jackson song, but really it sends the message that no one really cares about us. And I really don't think that you want to send that message to our community again. And so I just wanted to share those points and pray that you do the right thing. Councilperson Welper, we certainly understand the citizens in your neighborhood and we really appreciate you coming out tonight. But we are sworn to up hold the law and I'm just wondering if Mr. Walsh might explain just what that law is. Jim Walsh, City Attorney, the liquor license has been in existence at this location for many, many years prior to our zoning ordinance. Therefore it' s a legal non-conforming use here. And if you turn it down I confidently predict that it will be granted in Des Moines, Iowa. The existence of liquor is a problem that goes beyond our ability to regulate where its sold. And this use is legal at the location in question. I can't think of any reason to give you on why you shouldn't grant it. And if you don't they will in Des Moines, Iowa. Councilperson Greenwood, does the business conform? Is it open now? Is it like a restaurant bar now versus a convenience store/liquor store? Aric Schroeder, City Planner, I did provide a letter regarding the zoning and the conforming status of this property the background for why the Planning & Zoning Department signed off on the transfer of license. The site in question was previously, as I understand it anyway, the last business that was in there was called Ole School Bar. That business is closed but its only been closed for a few months now. Less than one year and one year is the turning point in the zoning ordinance for when a legal non-conforming status would lapse. The site is less than 100 feet from a protected use. There's a church located northwest of the property in question. So the bar that was there was legal non- conforming. The bar closed but its been closed for less than one year. The change from a bar to a convenient store would change it from one non-conforming use to another non-conforming use. And as zoning ordinance does have a prevision allowing for a general rule of the Board of Adjustment that if the change is use is to a use that's permitted in a more restrictive district that that is allowed. Board of Adjustment as approved such an administrative rule. They did it back in 2007 as a blanket rule to cover changing a non-conforming use. For example a use like a bar that would normally be permitted in a C-2 Commercial District to a use like a convenience store that would be permitted in the C-1 Commercial District is considered a change in non-conforming use that's allowed by the zoning ordinance. So based on that the Planning & Zoning office did sign off on the license transfer. Councilperson Hart, when they applied for their license they applied to be a liquor retail place correct? Not a convenience store. So since their moving to a convenience store that' s the parameters that the zoning places upon them or how can we actually legislate rather or whether or not its going to be a convenience store? Mr. Schroeder, when you apply for a license there really isn't anything that defines whether that business is a liquor store versus a convenience store other than the zoning ordinance requirements. So when they applied in the documentation that they submitted it did not indicate and it doesn't indicate on any of them that are in that situation. So that' s the first question that we had for them: are you going to be a non-limited liquor store or a limited alcohol sales convenience store? And they agreed to be a limited alcohol sales convenience store and they have submitted an affidavit and agreement stating that they will meet those requirements which include no more than 50 percent alcohol sales and no more than 25 percent floor space devoted to alcohol sales. Councilperson Hart, so with the application for licensing where they indicate premises type as a liquor store that is consistent with what is going over in out in the Logan area. Its premises information LE0001250, E. 4th Street Liquor. Premises type it states a liquor store. So now they are moving to a convenience store or limited alcohol use. Is that type of premise listed on the application where they can actually be a limited alcohol sales or is it just liquor store? Mr. Schroeder, to my knowledge its just liquor store. I'm not as involved with the actually alcohol license and the paperwork that you have to file. But its my understanding that the licenses are just broke down on the type of alcohol that you sell: beer, wine, liquor. 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Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135904 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Hart that the hearing be closed. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135905 - Greenwood/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-75. 135906 - Greenwood/Hart that "Resolution approving said development agreement and authorize Mayor and City Clerk to execute said document", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-76. RESOLUTIONS 135907 - Welper/Hart that "Resolution supporting the City of Cedar Falls 2020 plan-Submitted by Mayor Buck Clark", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-77. 135908 - Welper/Hart that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-78. 135909 - Welper/Hart that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-79. 135910 - Hart/Greenwood that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-80. 135911 - Hart/Greenwood that "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", be adopted. Ayes: Five. 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And so it was at $40, 000.00 last year and that's what's proposed for the next two fiscal years. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-84. 135915 - Cole/Welper that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-85. 135916 - Cole/Welper that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-86. 135917 - Hart/Welper that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-87. 135918 - Hart/Welper that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-88. 135919 - Hart/Welper that "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", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-89. Jim Walsh, City Attorney, there is no provision for the collection of franchise fees at zero percent. ORDINANCES 135920 - Greenwood/Welper that "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 received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Getty, Schmitt. Motion carried. OTHER COUNCIL BUSINESS 135921 - Cole/Greenwood Ii sMOI Y LNussxd rival() '£6-TTOZ 'oN paubTsse zoAeN Aq Tenozdde uodn pue pa;dope uoT;nTosag :saAy pa;do e a '4OTmgoS 'A;;e :;uesgy 'aAT3 P q '„ (TTOZ 'ST Asenzga3 uo yOQI Aq ;aT eq TTTM ;DaCozd) 'TIOZ 'fiT Assn/gag se buTzeag 3o a;ep ;as pue £8L 'oN ;oez;uo0 'abeubTg buTpuT;AeM UMO;UMOQ TTOZ 'A'3 q;TM uoT;ouncuoo uT •o;a ';oez;uoo 3o ulzo; 'suoT4eDT;ToedS 'sueTd 3o eoT;ou gsTTqnd o; NaaTO A4T3 buT;Dnz;suT uoT;nToseg„ ;egg. aI00/4zeH - 0£6S£T 'Z6-TTOZ 'oN pau6Tsse aoAsN Aq T2Aoadde uodn pue pe;dope uoT;nTosag ';;Tmgog 'A;;ap :;uasgy •aAT3 :seAy 'pa;dope eq ' £8L 'oN ;oez;uop 'abeubTg buTpuT3AeM UMO;uMOQ TTQZ 'JC'3 q;TM uoT;DunCuo0 uT •oge ';oez;uoo 3o ms03 'suoT;eoT3Toeds 'sueTd buTAozdde ATTzeuTwTTazd uoT;nTosag„ ;eg; aT00/4zeH - 6Z6S£T 'paTzzeo uoT;Oyy •;;Tmg0s 'A;;e :;uesgy 'aAT3 :saAJ 'aTT3 uo paoeTd pue paATaoaz eq '£8L 'oN ;0ez;uOO 'abeubTs buTpuT3AeM UMO;UMOQ TTQZ 'A'3 q;TM UOT;oUnCU00 UT 'D;e ';Dez;UOO 3o UI2O3 'suoT;eOT3Toads 'sueTd gag; eTO0/;.1eH - 8Z6S£T 'paTzzeo uoT;OYd ';4Tmg0S 'A;;aE :;uesgy •aAT3 :saAf •panozdde pue aTT3 uo papa-Ed 'paATaoaz eq '£8L •ON ;Oe.I;UOO 'abeubTg buTpuT3AeM UMO;UMOQ TTQZ 'A'3 q;TM UOT;DUnCUOO UT '049 ';oez;uoo 3o mac); 'suoT;2DT3Toeds 'sueTd azedazd o; zaauTbu2 A4T3 ;onz;suT o; aT0D/41ell - LZ6S£T 'T6-TTOZ 'oN paubTsse zoAaN Aq Tenozdde uodn pue pe;dope uoT;nTosag '44TW PS 'A;;ag :;uesgy •aAT3 :saAj 'pe;dope eq '„TTOZ 'bT goasN SP buTuedo pTq pue buTzeeg 3o a;ep ;es pue ;edze0 zooT3 pzTgy AzezgTrl egg uo 'o;e ';oez;uoo 3o mzo3 'suoT;e3T3Toeds 3o aoT;ou gsTTqnd o; NaaTO A;T3 buT;onz;SuT uoT;nTosag„ gem; ;zeH/zadTaM - 9Z6S£T '06-TTOZ 'oN paubTsse zoAeN Aq TeAoadde uodn pue pa;dope uoT;nTosag ';;Tm1DS 'A;;a9 :;uesgv 'aAT3 :saAy •pe;dope eq '„;adze0 zooT3 pzTgy AzezgT-i q;TM uoT;ouncuoo uT •o;e ';Des;uoo ;O mzo3 'suoT;eoTJToadS buTAozdde ATTzeuTmTTazd uoT;nTosag„ ;egg ;zeg/zadTaM - SZ6S£T •paTzzeo uoT;0 ';;TmgOS 'A;;aj :;uasgy 'aAT3 :seAy •aTT3 uo paoeTd pue paATaoaz eq ';adze0 zooT3 pzTgy AzezgT7 g;TM uoT;ounCuoo uT 'o;e ';oez;uoo 3o mzo; 'suoT;aoT;Toads ;egg ;sell/zadTaM - D'Z6S£T 'paTzzeo uoT;oN "33T IoS 'A;;aD :;uesgy •aAT3 :saAv •panozdde pue aTT3 uo paoeTd 'paATaoaz eq ';adse0 zooT3 pzTgy Aze.ZgTrj g;TM uoT;ouncuoo uT •o;e ';oez;uoo 3o mz03 'suoT;eOT;Toads azedead o; z0;ez;sTuTUIpy eDueua;uTeN/TeT3T33O buTpTTng ;onz;suT o; ;zeH/zadTaM - £Z6S£T •paTzzeo UOT;ON ';;Tmgog 'A;;eo :;uesgy •aAT3 :seAj •panozdde pue eTT; uo paoeTd 'paATaoaz eq '10;ez;sTuTulpy eoueue;UTeN/TeToT33O buTpTTng mTza;uI 'xzeTO Equip Aq pa;;Tmgng-sbuTpTTng Sn0TasA z03 UOT;e6T;TN P00T3 g;TM UOT;DUnCU00 UT PMOi 'ooTaa;eM go 'Dui 0Tz40aTQ Mg Aq peulzo;zad )(lOM zo; 00'0SS'T$ 3o asealDUT ;au e zo3 T 'oN zepzo abuegD ;eg; pooMuaazf/aToO - ZZ6S£T 'paTzzeo uoT3oN ';4Tmg0S 'A;;a0 :;ue qy 0aAT3 :seAj •panozdde pue aTT3 uo paoeTd 'paATaoaz eq 'z0;ez;sTuTulpy eDueue;uTaN/TeTDT330 buTpTTng mTza;uI 'xlPTO bTPXO Aq pe;;Tmgng-buTpTTng SfOTlPA zo; uoT;ebT;TN AooT3 q;TM uoT;ouncuo0 uT PMOI 'ooIza;eV 3o -Dui goal gmnTd Aq pamzoJzed xzoM zo3 00'S8T '69$ 3o eseazouT ;au e z03 T 'oN zapao ebueg0 ;eg; OT abed TTQZ 'L Azenzga3 February 7, 2011 Page 11 135931 - Mitch Biersner, Marketing and Event Coordinator for Main Street Waterloo, just wanted to come in and address the council to say thank you for your support. Main Street Waterloo is getting ready well we are entering our 15th year of being in Waterloo. And we have a lot of good things planned for this up coming year to go with our Fridayloo series. It would be the 10th year for BBQ'loo. We are getting ready and have our plans underway for hanging our flower baskets. We actually also have partnered with you in terms of getting some grant funding to help with the Downtown Waterloo Beautification. With painting some of the light poles and we've got other beautification projects coming up as well. We just wanted to come and say thank you. I just had our last review with the state and they told us that we are a little to humble so we need to start tooting our horn a little bit so that is what I am here doing by taking those first steps. So I just want to say thank you for renewing your commitment with us for the next two years and hopefully for the future. Hart/Welper that the above oral comments be received and placed on file. Ayes: Five. Absent: Getty, Schmitt. Motion carried. ADJOURNMENT 135932 - Hart/Welper that the Council adjourn at 6:22 p.m. Ayes: Five. Absent: Getty, Schmitt. Motion carried. Suzy Schares City Clerk 3 • • • • • • • • • 0 N 1- q 1 - ', 'I. 0 4 11 O 1 O ,. 11 1 N 1- 11 S'S 1 N w"UO ui Z II O 1 CI P +1(i 1- > 11 -, I -.. O_40 Z i1 -o I --0 i 1 c 9 1 m it 1 11 a1 a I; II -I II oII 011 u 11 11 ID 0 ID DI [7 Tt N ¢ II1} NI ❑ N N 'r N V N M ❑ al V j'. s M N ❑ M N t0 .^. li h ,- 0) N N 11 il M ID M [D w li ID ID N D1 m M N ID A � ,- N > 11 Z 11 ,-, II I- a fR {II in- {i} �, bH r- o CD I- 0DE a z w N G Pk .c a i U OU Z 0 H1Fr. 11 } C � O '‘....1 LL'' II Q V] )re H H 1 /�/� ct N 0 11 c 3 1c1 , 0_ rr.It O h o p a m 71- W w a 11. 4 ca It i-1 If En ,I Z 11 , *-, -0 O ,-. it O • PI O 0 y aN ci a x 11.1 x OII oabr y1I N U cC d A C -' 0 w + I 11 u IV UI maa ca .F ill41 •, o .-. G u I. il o+c-illW A z 11t-E Y. 4 I-1 11 1-1 CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 7, 2011 Dept. Head Signature:James E. Walsh, Jr., City Attorney # of Attachments: 3 SUBJECT: Isle Casino Hotel 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: at '^1'' . CITY OF WATERLOO IOWA CITY ATT014N@Y'B OFFICE lZ �m 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4327 Fax(319)291-4671 arer 071 \O JAMES E.WALSH,JR.,City Attorney • DAVID IL ZELLHOEPER,Assistant City Attorney Mayor BUCK February 7, 2011 CLARK COUNCIL MEMBERS DAVID Mayor Ernest G. Clark and City Council JONES City Hall Ward 1 Waterloo, IA 50703 CAROLYN COLE Re: The Isle Casino Hotel, 777 Isle of Capri Blvd., 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 QUENI IN 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 Sincerely, SCHMITT At-Large Da ' . Ze hoefer 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/Palmie ve Action Employer REC'D FEB 7 2011 IN RE; THE ISLE CASINO HOTEL ACKNOWLEDGMENT/ 777 ISLE OF CAPRI BLVD. 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. ,A? e At 7-A)jayt ICC. Candi-mod-ay- Date'-''-i/ 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. L 1 ;'��the iele.Casino Hotel at waterloo NO. 15412 coon&hotel at waterloo INVOICE NUMBER INVOICE DATE GROSS AMOUNT DISCOUNT NET AMOUNT TOBACCO VIOLATION 2/01/2011 300. 00 .00 300.00 TOTALS 300.00 .00 300.00 THIS CHECK IS VOID WITHOUT A BLUE&GREEN BACKGROUND AND AN ARTIFICIAL WATERMARK ON THE BACK:-:HOLD ATAN ANGLE TOVIEW' 652 i the iele.casiao hotel at waterloo NO. 15412 777Isle of Capri Blvd. Capital One, N.A. codno&honlawondoo Waterloo,IA 50701 - FrankltD,Louisiana DATE 2/OI/2°11 ` E' PAY T112S AMOUNT $3 00.0 0 PAY Three Hundred Dollars and No Cents TO THE GEOER OF CITY OF WATERLOO 715 MULBERRY STREET WATERLOO IA 50703 aurHnR1ZEO SIGNATURE ile BORDER CONTAINS MICROARINTING II' 154120 1:06 5 200 7 2 21: 54 20 7235 00 BEFORE THE WATERLOO CITY COUNCIL IN RE: THE ISLE CASINO HOTEL ORDER ACCEPTING 777 ISLE OF CAPRI BLVD. ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this (L day of R191,1)019 , 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 jud ent in this matter is hereby satisfied. Ernest G. Clark,Mayor ATTEST: Suzy Schattes, City Clerk RESOLUTION NO. 2011-95 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR THE ISLE CASINO HOTEL, 777 ISLE OF CAPRI BOULEVARD, 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 14, 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 The Isle Casino Hotel, 777 Isle of Capri Boulevard, 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 14th day of February, 2011 . Ernes G. Clark, ayor ATTEST: Suzy Schar s, CMC City Clerk CITY OF WA I ERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 7, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: National Cigar 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: "1 ■ �.. CITY OF WATERLOO ECIWA 4451 .44 ;rp CITY A"fl"i€ ANEYra OFFICE 715 Mulberry St. • Watar10o, IA 50703 • (319)291-4327 Fax(319)291-4571 JAMES E.WALSH,IR-,City Attorney • DAVID R.ZELLHOheEK,Assistant City Attorney Mayor BUCK February 7, 2011 CLARK COUNCIL MEMBERS DAVID Mayor Ernest G. Clark and City Council JONES City Hall Ward 7 Waterloo, IA 50703 CAROLYN COLE Re: National Cigar Store,.617 Sycamore 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 QuE1v 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 hearingand concludingthis matter. Please approve and signthis Order at your WEEPER PP Wards 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 y your you forassistance. Please call Ai-Large me if you have any questions. STEVE Sin rely, SCHMITT At-Large Davi ellhoe er Assi tant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order - - C: Police Chief file CITY WEBSITE:www.cityofwatertooiowa.com WE'RE WORKING FOR YOU! An Equal OpporkInityJATrmativeve Action Employer INRE: NATIONAL CIGAR STORE ACKNOWLEDGMENT/ 617 SYCAMORE STREET SE1'1'LEMENT 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. cuta,_6-2 Datt . 2- _ 7_(( 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. \ — . »/ ` A . ate, , \ m , ■ 2 \ Cr)2 / { y IiT G ■ b \, . . i / g 7 f : % } : m .°, / „\ �: ` / { ! / , I N ; \ - . \ . { �\ \ f } § "4 t . \ Ft } , / , { CO! } . . . 1 ! . rrl $ : { % } . v, \ ki � \ \{ ]/ " ru > { . : . . IT § { / . \ ' � k & \ f . . &� { . I ao Crl 1 \ . m { «22) _ C / ( 1111 ! _$»§\ ) o ) ) \\/ \ ' © § 2 \ . . ƒ Z��- ' � ' • \ z � - -- - . . . �° \ - - - -- \ \ CC / \ r . a \ r. . - . . BEFORE THE WATERLOO CITY COUNCIL IN RE: NATIONAL CIGAR STORE ORDER ACCEPTING 617 SYCAMORE STREET ACKNOWLEDGMENT/SE1'1'LEMENT WATERLOO, IOWA 50703 AGREEMENT FIRST VIOLATION On this day of C o y , 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. di) Ernest G. Clark, Mayor ATTEST: Suzy Schkres, City Clerk RESOLUTION NO. 2011-96 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR THE NATIONAL CIGAR STORE, 617 SYCAMORE 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 14, 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 the National Cigar Store, 617 Sycamore 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 14th day of February, 2011 . ift..41 (tJe Ernest G. Clark, Mayor ATTEST: ; -: uzy Scha es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 11, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: Walgreens 7455 Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: This matter was scheduled for a hearing, but the Acknowledgment/Settlement Agreement was received February 11, 2011.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: Aiqr'i CITY OF WATERLOO , IOWA w. �i, CITY ATTOpNEY0B OFFICE LL"""' ""411 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4327 Fax (319)291-4571 �terioo \O JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney Mayor BUCK February 11, 2011 CLARK COUNCIL MEMBERS DAVID Mayor Ernest G. Clark and City Council ZONES City Hall Word i Waterloo, IA 50703 CAROLYN COLE Re: Walgreens 7455, 111. W. Ridgeway Ave., 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 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 WELDER next regularly scheduled meeting. The Original signed Order should then be sent Wards g Y g• � 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 c , SCHMITT At-Large 1 Davi . 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 REV FEB 11 2011 IN RE: WALGREENS 7455 ACKNOWLEDGMENT/ 111 W. RIDGEWAY AVE. 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 1 ., Fl. t th camp r e A mcote herein by reference, eiLT12tft11} &di�asuo < a=e tnL nd corn t. 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. e above-captioned permit holder hereby waives all jurisdictional claims. W Ye'1 /1(41614a,-- Date: 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. N 0 0 0 N °' o a Z M O c o * I r1 ¢ * m * i O L m wn ay : * 1 020 °2d * * z O C p m C 0 + * I N NOlm0 + L and LL * V Oro>rY + N C'nZUaZO a* O * r + • + I. m * O 0 V Y. * o, 7" 'g4 * `a H * z o + d + o IL * 3 • o * s + a LT* CO wr *µ Q O .a z �, 0 U •uJ a U 1 z * cc N is MI S • 0 4 w w rn a 0. • •' ¢ * * C0 Y * * ry ¢ • * CO m O ; * :111 111 ¢ **. isYZ • * Q W ** * O + * I� '- • e * * R, * * Ln • * o o L. ru y K cn o E, 0at -.4 0 o o �* O E a 'O o * O O WE w o *w ti, ¢ - U* n v CS w 6 cc t1.4151 d0¢ Ow a_ a o CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 4, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: Walgreens 7455 Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: HOLD HEARING—Order$300 civil penalty Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. The permittee did not return the Acknowledgement/Settlement Agreement, so a hearing is required. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: /_� IIL CITY OF WATERLOO, IOWA "7-4 1 CITY ATTORNEY'$ OFFICE m 715 Mulberry St. • Waterloo, IA 50763 • (319)291-4327 Fax(319)291-4671 atPr)Op JAMES E.WALSH,JR.,City Attorney • DAVID It ZELLHO35r'htt,Assistant City Attorney January 21, 2011 Mayor BUCK Margarita Kellen, Asst. Secretary CLARK Walgreen Co. Box 901 COUNCIL Deerfield, IL 60015 MEMBERS Re: Walgreens 7455, 111 W. Ridgeway Ave., Waterloo, Iowa, 50702 DAVID The City of Waterloo has scheduled a hearing before the Waterloo City Council JONES on the 14th day of February, 2011,at 5:30 p.m., in the Council Chambers, Second Ward t Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing CAROLYN complaint, which has been filed against you, is attached. COLE Ward 2 If you or your representative fail to appear at this hearing, a decision may be HAROLD rendered against you. You have the opportunity to be heard at this hearing and to GETTY be represented by an attorney at your own expense regarding the mandatory Ward3 $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation QUEN IIN M. of§453A.2(1), selling, giving, or otherwise supplying any tobacco,tobacco HART products, or cigarettes to any person under eighteen years of age. Ward 4 If you wish to settle this case in lieu of the public hearing,you may complete the RON attached Acknowledgment/Settlement Agreement, returning the original copy, WELPER Ward 5 properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa,.50703,no later than ten (10)business days prior BOB to the hearing date. With this Acknowledgment/Settlement Agreement,you must GREENWOOD include a check in the amount of$300.00 made payable to the City of Waterloo. At-Large-Large This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) STEVE and will conclude the matter. sCHMITT At-Large If you have any questions,you may reach me at(319) 291-4327. If you have obtained representation by an attorney in this matter,the attorney should contact me. Si l , 4"/, Dav'.. . Zellhoefer Assistant City Attorney DRZ:lc • Enclosures: Hearing Complaint,Acknowledgment/Settlement Agreement C: Pjice Chief • e CITY WEBSIM.:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • IN RE: WALGREENS 7455 111 W. RIDGEWAY AVE. HEARING COMPLAINT WATERLOO, IOWA, 50702 FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1)provides that a person shall not"sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a)provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about November 18, 2010, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age.A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Walgreens 7455. Davi ellhoe er Assistant City Attorney Charges Page 1 of 1 Charges, Dispositions, Sentences Title: STATE vs. SUTTON, WENDY S Case: 01071 STA0056777 (BLACK HAWK) Citation Number: 79807 Defendant: SUTTON, WENDY S Count 01 Charge Charge: 453A.2(1)-C Description: 1ST OFFENSE-EMPLOYEE PR TOBACCO TO MINOR Offense 11/18/2010 Arrest Date: Date: Against Type: DPS Number: Adjudication Charge: 453A.2 1 -C 1ST OFFENSE- g O Description: EMPLOYEE PROVIDING TOB2 Adj.: GUILTY- Ad'Date: 12/14/2010 NEGOTIATED/VOLUN PLEA Adj .Date: Comments: Sentence Charge: 453A.2(1)-C Description: 1ST OFFENSE- EMPLOYEE PROVIDING TOB) Sentence 12/14/2010 Date: Sentence: FINE Appeal: Sen.Judge: , Facility Type: Attorney: Restitution: Drug: Extradition: Lic.Revoked: DDS: Batterer: Fine Amount: Duration: Comment: http://www.iowacourts.state.ia.us/ESAWebApp/TViewCharges?fromPrinterFriendlyPage=... 1/20/2011 BEFORE THE WATERLOO CITY COUNCIL IN RE: WALGREENS 7455 ORDER 111 W. RIDGEWAY AVE. ASSESSING PENALTY WATERLOO, IOWA 50702 FIRST VIOLATION On this day of , 2011, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above-captioned permittee committed a violation of Iowa Code §453A.2(I), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty be remitted by the above-captioned permittee, to the City of Waterloo, check made payable to City of Waterloo, on or before (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code §453A.2(1),pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: WALGREENS 7455 ORDER ACCEPTING 111 W. RIDGEWAY AVE. ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50702 AGREEMENT—FIRST VIOLATION On this l day of .1 , 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. I:Oil rnest G. C ark, Mayor ATTEST: Suz� s, City Clerk RESOLUTION NO. 2011-97 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR WALGREENS #7455, 111 WEST RIDGEWAY 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 14, 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 Walgreen' s #7455, 111 West Ridgeway 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 14th day of February, 201 . � i��-'V E nest G. Clar , Mayor ATTEST: C�—�X�lc�✓7 uzy Sch res, CMC City Clerk _ �i.. CITY OF WATERLOO , IOWA �T m COMMUNITY PLANNING AND DEVELOPMENT w~� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ?brio0 \° NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: Februar 11 BUCK CLARK Prepared: February 1, 2011 Dept. Head Signature: Z:r # of Attachments: 4 COUNCIL MEMBERS DAVID SUBJECT: Request of Jerry Grier for tax exemptions on improvements totaling s I g0,MO JONES $ 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 4 HAR commercial building. The sum costs of these improvements were reported to have Ward been $180,000. RON WEEPER Expenditure Required: None Ward 5 BOB Source of Funds:None GREENWOOD At-Large 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 6-Development Director Path: KAUSERS\SHANE-G\CURA\Letters\CURA Council Communication 925 Midland Scdoc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 115 An Equal Opportunity/Affirmative Action Employer • _�. URBAN REVITALIZATION APPLICATION 11q4 Rr_, FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE drerlpo � CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on iiupiovements 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: JERY G'QIE'R SIGNATURE: )01-1---d..13.4"vt-A-. ADDRESS: A3 -4-FA-r-ITE ST. TELEPHONE: 2,35- Ate DATE: 1117 /11 A. What is the Address of your property? ;{3 LA E4y 1TT ST, What is the Legal Description of your property?(Available at County Assessor's Office on 2°4 floor of the Courthouse)? P4TCTS of LOTS 1'1,13,AUD16 li.J Auciraps 13#roo 9 r) tJJI-£RI.00 8 Met I14 k/K cot.wr,Xot.'q-, DEScR IDED AS Po uo n/S . . . . 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. )(' 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)? tATTERIo' . REWQ13 tueLopio - 4ituPOws ON &XTE RIOR D. City of Waterloo Building and Inspections Department Informatiop: 09.o413 g t1 IIq/¢q Permit Number: TO,e'3 037 Date permit was issued: 5/7 Po Total permit(s)valuation 13 41,000 E. What was the cost of the improvement? I'/go, 00 G F. Estimated dr actual date of completion of these improvements? 19u A 9 110 G. If this is not a singe-family dwelling luuit,which you own and reside in,will these improvements create a displacement of you tenants? Yes ,. No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tani McFarland DENIED Black Hawk County Assessor Note: The illy'ovements 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 I5/30/1989 ?Recorded 606438 ID WATERLOO, IA 50703-0000 SALES BUILDING PERMIT Date Amount NUTC /Type Date Number Amount Reason 3/1/198930,000 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 ax 940001 -WATERLOO District I 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 axable 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 Ag Family Farm Credit Credit Credit Credit Credit Corp $132.73 $0.00 $0.00 $0.00 $0.00 Nocorp $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 BEARINGS 24 DEG 19 MIN 30 SEC W TO PT OF BEG LAND Front Rear Side 1 Basis 2 Lot Area Acres q. Ft x 18117 0.416 Rate otals: 18117 0.416 COMMERCIAL BUILDINGS AND ADDITIONS Type Description Year Built Area Stories Warehouse BLDG 1 1916 5780 1 Style Brick I 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 Office - internal 816 Adjustment Floor-dock level adjustment 5780 Canopy - attached 1870 Mezzanine -storage 816 Plumbing - no whse(sf) 5780 Extras Description Item Count Extended Description Door 1 O.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 Fronts/Doors Incl. w/ Base LF: 0 Verticals 8 Roof 4-Ply Compo/Wood Deck SF: 0 Horizontals 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 Type 'Description (Year Built 'Area (Stories 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 Toilet Room Quantity Plumbing Hot Water Tank-40-gal 1 1 3-Fixture Bathroom Sink-Kitchen 1 Item 1 Adjustment (Quantity Canopy -attached 32 Description Ftr& Fdtn Reinforced Concrete Size 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 SF: 0 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 ear Built 'Quantity pot No. Extended Description Paving 11970 1 16,700 SF, Asphalt Parking, Average Pricing I http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323253009 2/1/2011 1 City of Waterloo Consolidated_U bran_Revital ization_Area . 1 1 0.5 0 1 i1 m.m. I Miles A. M I Illj I I „,, 1 1"jam: lulnull '' • MI rc .I likt. imam a •:= 1 i ::..1. 11111p �I atmA_ Ile uIhilik ;rill, ,` ~wiz: : ra y� _ ,..i\I...``111111iaC 1♦ 4f,*..:::1 ' .1--- ilimiimirk:.. i.licre-jr;;;;;-..........,,e4$4.,„,,,,=,,,,, _ ir=g; .. ,_, i ! pw, ...misr.:_ . ...1-0,...... .. .....4,11 wet :- 1 ./i...i-11 = -- 1 ��O �' ,=Innn� _ ,t; , AiiiiiiriE111114,9111 =22?-01;‘,\_, , — ...,-..,*. ‘171.► ll : ,4 .4 '\\ ;#' 1l1yil FFrtt* 'l� • _- • • / 1• RESOLUTION NO. 2011-98 RESOLUTION APPROVING APPLICATION WITH JERRY GRIER FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $180, 000. 00 FOR PROPERTY LOCATED AT 23 LAFAYETTE STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Jerry Grier 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 $180, 000 . 00 for property located at 23 Lafayette Street, more fully described as follows: Auditor Bayou Plat part of Lots 14, 15 & 16 described as beginning at the intersection of the Northwesterly line of Utica Street with the Northeasterly line of Lafayette Street, thence North 58 Degrees 00 Minutes West along the Northeasterly line of Lafayette Street 247 . 65 feet, thence North 31 Degrees 40 Minutes East 74 . 64 feet, thence South 58 Degrees 20 Minutes East 237 . 80 feet to the Northwest line of Utica Street, thence Southwesterly along the Northwesterly line of Utica Street on a curve concave Southeasterly chord distance 76. 72 feet and chord bearing South 24 Degrees 19 Minutes 30 Seconds West to point of beginning, 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 ten-year partial exemption schedule: For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% Resolution No. 2011-98 Page 2 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 14th day of February, 2011. lam.QJY Quentin Hart, Mayor Pro Tem ATTEST: Suzy Sch res, CMC City Clerk FINANCE DEPT. STAFF ONLY TRAVEL REQUEST LINE ITEM USED OWa/ i- /34fS CITY OF WATERLOO FY EXPENNDEDDED YED YTD //3 /X THIS REQUEST /)-a ()v LEFT AFTER THIS REQUEST DATE _ /L/-)271/ Original- Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Buck Clark, Mayor January 24, 2011 NAME OF CLASS /MEETING: DESTINATION: Waterloo, Iowa Main Street Waterloo DEPARTURE O IF NOTAR WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Monthly during 2011 Monthly January thru December 2011 PURPOSE OF TRAVEL/TRAINING: Attend the Main Street Waterloo monthly board meetings during 2011. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: BUDGET LINE ITEM: 010 01 8200 1345 LODGING TAXI x GRANT REIMBURSABLE 120.00 MEALS PARKING YES NO REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 120.00 TOTAL: $ 120.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE I APPROVE THIS TRAVEL REQUEST CITY OF WATERLOO ia) DEPARTMENT HEAD x MAY n ^ -__� DATE . 9() / / 69"�f`f 96v1 DATE K:AShared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED ,'it; TRAVEL REQUEST D CITY OF WATERLOO FY EXPENNDEDDED YTD 7&O S ��,J�, � THIS REQUEST a lx°0 0U LEFT AFTER THIS REQUEST DATE - 7/(J /-;/ Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Todd Wilson, Planner/Analyst March 15-17, 2011 Joseph Saunders, Investigator NAME OF CLASS/MEETING: DESTINATION: Denver, Colorado National Fusion Center Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 14, 2011 March 18, 2011 March 15-17, 2011 PURPOSE OF TRAVEL: The training covers many of the areas directly associated with Investigator Joe Saunders and Todd Wilson's assignment in the LEIN Fusion Office. The conference covers a variety of topics to include: Funding and Sustainment, Baseline Capabilities, Suspicious activity, Developing an Intelligence Capability, Federal Initiatives, Security and Privacy Issues, Protecting Sensitive Case Material, Fusion Center resources. The training has been approved through the Iowa Homeland Security and funding will be reimbursed through the LETPP Homeland Security Grant. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE $1,200.00 AIRFARE DEPARTING FROM: Cedar Rapids, Iowa ESTIMATE OF COST: 010 11 1150 LEIN BUDGET LINE ITEM: 11GRT LEN5 $1300.00 LODGING TAXI X GRANT REIMBURSABLE $360.00 MEALS PARKING YES NO REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 2860.00 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MA R DATE DATE 3114126(1 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY- BUDGETED 4-/CUBS CITY OF WATERLOO EXPENDED YTD /c(cf/� THIS REQUEST '7/ LEFT AFTER THIS REQUEST DATE 727 ,2 /-26// Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Inv. Chris Morley&John DeKoster February 1, 2011 NAME OF CLASS/ MEETING: DESTINATION: DCI Training Laboratory Marijuana Identification Class Ankeny, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 11, 2011 April 14th, 2011 April 11-14, 2011 PURPOSE OF TRAVEL: Sgt. Devine is requesting authorization to send Lab Investigators Morley and DeKoster to the Marijuana Identification course at the DCI Training Center on April 11-14, 2010, in Ankeny, Iowa. Both Investigator Morley and DeKoster are assigned to the Crime lab as Crime Lab Investigators. There duties include handling and packaging of evidence including narcotics. Narcotics are sent to the DCI Crime Lab for analysis except for marijuana. The Waterloo Police Department completes the testing of marijuana in its Crime lab. It is important that all the investigators assigned to the crime lab be trained in this procedure. The cost of registration is free but will require the investigators to travel to Ankeny. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $300.00 LODGING TAXI xx GRANT REIMBURSABLE $360.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 710.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR Z ( — L ( 4(if I961( DATE DATE FINANCE DEPT. STAFF ONLY 010-11-1160-1532 TRAVEL REQUEST LINE ITEM USED _ 11PRO DARE CITY OF WATERLOO FY BUDGETED .R‘61,5�3 EXPENDED YTD THIS REQUEST ((pq6 OD LEFT AFTER THIS REQUEST /, 43 NAME(S) AND POSITION(S): DATE: , i Inv. Stacy Hesse January 3FrY01I-Clerk/Finance Copy-pepartment NAME OF CLASS/ MEETING: DESTINATION: ICAC National Conference Internet Crimes Against Children National Conference San Jose, California DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: May 16`n , 2011 May 20`h, 2011 May 17th—20th, 2011 PURPOSE OF TRAVEL: Lt McNamee is requesting authorization to send Inv. Stacy Hesse to the ICAC National Conference on May 17th to 20th, 2011, in San Jose, California. The Waterloo Police Department has partnered with the State of Iowa Internet Crimes Against Children Task Force to investigate child sexual exploitation. This 4-day seminar will instruct the students on how to investigate crimes against children. In speaking to the Iowa ICAC Task Force director he has stated that he recommends that Inv. Hesse attend this conference as it will give her a better understanding how the ICAC Task Force works and provide her with a network of information to help solve these types of crimes. The cost of registration is free. The hotel, Airfare, meals and incidentals would be paid through the use of the DARE fund and later totally reimbursed from the ICAC Task Force. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE xx AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010 11-1160 1532 BUDGET LINE ITEM: 11PRODARE $660.00 LODGING $50.00 TAXI xx GRANT REIMBURSABLE $230q.00 MEALS PARKING YES NO $0.00 REGISTRATION $750.00 AIRFARE xx REQUIRED CERTIFICATION $0.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1690.00 TOTAL: $ 0.00 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 454 DEPARTMENT HEAD MAYOR ( L k; t c 431( l(.21)(( DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY 11 BUDGETED INOC.,vo CITY OF WATERLOO EXPENDED YTD /4I C/ uU THIS REQUEST /0.U0 LEFT AFTER THIS REQUEST e60,2cl/ DATE 4z(2t/ Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Inv. Eryn Hageman and Inv. Stacy Hesse February 3, 2011 NAME OF CLASS/MEETING: DESTINATION: Sioux City, Iowa Wicklander-Zewlawski Interview and Interrogation School DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: February 201h, 2011 February 25th, 2011 February 21 St to 25`n, 2011 PURPOSE OF TRAVEL: Capt Pillack is requesting authorization to send Inv. Eryn Hageman and Inv. Stacy Hesse to a five-day basic interview and interrogation training course in Sioux City, Iowa from Feb 20th to 25th, 2011. This course begins with a three day basic course and then is followed up with a two day advanced course. This course is the preferred course to send new investigators to. This course has been a valuable tool in an investigation process. Investigators that have been to this course have better results when they interview suspects, and getting confessions. Tuition and lodging are free. The cost for this training will be for meals, dinners only, as breakfast and lunches are provided and the fuel to get to and from the training location. Total cost for the five days is$290.00. A city vehicle will authorized for this travel. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $0.00 LODGING TAXI x GRANT REIMBURSABLE $230.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $60.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 290.00 TOTAL: $ 145.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR DATE - ,mil( 21114(20(I DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY BUDGETED 4/000 = CITY OF WATERLOO EXPENDED YTD //116-2 THIS REQUEST 36w LEFT AFTER THIS REQUEST DATE ///k.; /-/C.hj// Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Sgt Rob Camarata, Officer Dustin Lindaman, & Shawn January 19,2011 Bram NAME OF CLASS/MEETING: DESTINATION: Red Stone Arsenal FBI Hazardous Device Graduation Huntsville, Alabama DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: February 10th, 2011 February 11th, 2011 February llth, 2011 PURPOSE OF TRAVEL: Capt. Pillack is requesting authorization to send Sgt. Camarata, Officers Bram and Lindaman to FBI Hazardous Device Graduation at the Red Stone Arsenal on Feb. 10th- 11th, 2011, in Huntsville,AL. Sgt. Brian Hoelscher and Officer Darin Rulapaugh are currently students at the FBI Hazardous Device school and will graduate on February 11th, 2011. Sgt. Camarata, Officer Lindaman, and Bram are all members of the Waterloo Police Department Bomb squad and would like to travel to Huntsville, Alabama to attend Sgt. Hoelscher and Officer Rulapaugh's graduation. The Officers have agreed to pay for their own meals and hotel. They only request the time off and the cost of gasoline not to exceed$350.00 and a city vehicle to travel to Alabama and back. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $0.00 LODGING TAXI xx GRANT REIMBURSABLE $0.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $350.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 350.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I -THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAY R DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED ;;`` / '/�, f TRAVEL REQUEST FY" :r I, BUDGETED CITY OF WATERLOO 0 1/ EXPENDED YTD 34�y. �i THIS REQUEST `f„.I.0 LEFT AFTER THIS REQUEST DATE ///c-- / Original-Clerk/Finance Copy-Department NAME(S)AND POSITION(S): DATE: Craig Hintzman, Signal Tech II January 26, 2011 Tina Schellhorn, Mtnc. Electrician Roger Wooden, Mtnc. Electrician NAME OF CLASS/MEETING: DESTINATION: Brown Traffic Products Training: c!1 Sr- ) `,5` li9or�,1 , 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 d&/ '-8'6" /6/A- /41 DEPARTMENT HEAD MA YOR JANUARY 26,2011 l DATE �2 I4ibt I( K:\Shared Goodies\Forms\Travel Request Form January 2010 DATE Approved Online �_.__ NEW RENEWAL EXPIRATION 21Z g I( CLASS r , t INSPECTION REPORT APPLICATION FOR BEER AND/OR LIQUOR PERMIT BUSINESS: LIB I ��3i4/1Y aceo ADDRESS: 56 Sy � G�I<titif 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: THIS ESTABLISHMENT IS CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F(FOOD CODE) THIS ESTABLISHMENT IS NOT CURRENTLY IN COMPLIANCE WITH THE CODE �J OF IOWACHAPTER 137F(FOOD CODE) " V `� �5 Pin,2�s na g APPROVED BY: a,tt DATE: FIRE MARSHALL COMMENTS: APPLICANT IS IN COMPLIANCE WITH THE CURRENT FIRE CODE NOT IN COMPLIANCE WITH FIRE CODE APPROVED BY:= <' : DATE: POLICE CHIEF OR DESIGNEE WE HAVE RESEARCHED THE APPLICABLE RECORDS OF THE A OVE MENTIONED ESTABLISHMENT AND REPORT THE FOLLOWING: DENIED BY: APPROVED BY: DATE: I STATUS COUNCIL ACTION: L/ef ' NO RE ORD ACTION: DATE: r C i POLICE DEPARTMENT WATERLOO, IOWA it Clerk License Application (LE0001526 ) Applicant Name of Applicant: HIH LLC Name of Business(DBA): or Cit\ Liau 8 Tobacco Address of Premises: 508 Broadway Street City: Waterloo County: Black Hawk Zip: 7.0_ Business Phone: (319)427-0055 Mailing Address: 508 Broadway Street City: Waterloo State: IA Zip: 50703 Contact Person Name: Humaira Jabeen Phone: (319)427-0055 Email Address: iiaz1975@aol.com Classification: Class E Liquor License(LE) Term: 12 months Effective Date: 03/01/2011 Expiration Date: 02/29/2012 Privileges: Class B Wine Permit(Carryout Wine) Class C Beer Permit(Carryout Beer). Class E Liauor License(LE) Sunday Sales Status of Business BusinessType: Limited Liability Company Corporate ID Number: 375427 Federal Employer ID#36-4649698 Ownership Humaira Jabeen First Name: Humaira Last Name: Jabeen City: Waterloo State: Iowa Zip: 50702 Position Managing Member of Ownership 100.00% U.S.Citizen Insurance Company Information Insurance Company: Cincinnati Insurance Company Policy Effective Date: 03/01/2011 Policy Expiration Date: 01/01/1900 Bond Effective Continuously: 2 Dram Cancel Date: Outdoor Service Effective Date: Outdoor Service Expiration Date: Temp Transfer Effective Date: Temp Transfer Expiration Date: ABD Licensing- Ownership Page 1 of 1 Ownership LE0001526, City Liquor & Tobacco, Waterloo After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. Corporate applicant's,list all shareholders having 10%or more interest in the corporation and all officers and directors of the corporation regardless of ownership interest,Sole Proprietors shall also include their spouse even if the spouse owns 0%interest.Non-profit corporations or associations need to list officers.Partnerships and Committees not registered with the Secretary of State office will need a trade name filing from their county recorder's office. Owners: Name Address Humaira Jabeen 1707 E Mitchell Avenue,Waterloo,IA,50702 Percentage 100.00% View 1 First Name: ,_i ... Last Name: Jabeen Address: ,707 E Mif_hel_Avenue Address Line 2: --- ------ — State f Zip: 50;a2 Position ! SS#. 480-31 5735 U.S.Citizen: fss Date of Birth:. 2'311980 -- MM/DDlyYYY %of Ownership.,120.sp% cp Prey https://eli censingdowaabd.com/Ownership.aspx 1/13/2011 ABD Licensing - Criminal History Page 1 of l Criminal History LE0001526, City Liquor & Tobacco, 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 mayalso be used to move around the application. No Since this license was last issued, has anyone listed in the ownership screen been convicted of a felony offense in Iowa or any other state of the United States?If yes, list on the next(Violations) screen. Since the license was last issued, have any of the owners listed in the ownership screen been charged, arrested, indicted,convicted or received a deferred judgment for any violation of any state,county, city,federal or foreign law?All information shall be reported regardless of the disposition, even if dismissed or expunged. Include pending charges. DO NOT include traffic violations,except those that are alcohol related.If yes, list violations on the next(Violations) screen. c < If no arrests, indictments,summons or convictions are applicable since the license was last issued,select'NONE'. Prey 1/13/2011 hops://elicensing.iowaabd.com/CriminalHistory.aspx •ABD Licensing- Violations Page 1 of 1 Violations LE0001526, City Liquor & Tobacco, 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. Submit to the Local Authority a copy of the Disposition of the Court for each violation noted.Submit to the Local Authority a copy of Restoration of Citizenship where loss of citizenship is indicated.If more than one violation,each must be entered separately. Owners' Violations: Name Arrest Date Charge Citizenship? Humaira Jabeen 5/1/2010 sale to a minor N 1 Name: Select One Date of Arrest: MMlDD/YYYY Charge: Disposition of Arrest: Location of Court: Picase ^e;_ct Citizenship lost: FaE _ https://eicensing.iowaabd.com/Violations.aspx 1/13/2011 Trial Court Case Summary Page 1 of 1 Summary Title: STATE vs. JABEEN, HUMAIRA Trial Court Originating County Created Speedy Microfilm Ref Case ID Trial 01071 BLACK HAWK 05/03/2010 STA0046490 Citation Disposition Status Disposition Reopened Number Date Date 86688 VIOLATIONS HANDLED 05/30/2010 BY CLERK http://www.iowacourts.state.ia.us/ESAWebApp/TV iewCaseCivil?null&fromPrinterFriendly... 2/2/2011 Trial Case Details Long Title Page 1 of 1 Long Title: STATE vs. JABEEN, HUMAIRA Case: 01071 STA0046490 (BLACK HAWK) Citation Number: 86688 No Long Title found. http://www.iowacourts.state.ia.us/ESAWebApp/TViewLongTitle?fromPrinterFriendlyPage... 2/2/2011 Trial Case Details Filings Page 1 of 1 Filings Title: STATE vs. JABEEN, HUMAIRA Case: 01071 STA0046490 (BLACK HAWK) Citation Number: 86688 Event Filed By Filed Create Last Action Date Updated Date OTHER ORDER NEWCOMB 11/04/2010 11/15/2010 11/15/2010 DAWN Comments: MOTION TO RECONSIDER DENIED MOTION WALTON D 10/25/2010 10/27/2010 10/27/2010 RAYMOND Comments: TO RECONSIDER CCU SENT 08/16/2010 08/16/2010 08/16/2010 COMPUTER 06/01/2010 06/01/2010 06/01/2010 GENERATED NOTICE Comments: FINAL NOTICE OF PAST DUE COURT FINE AND COSTS VIOLATIONS TICKUP 05/30/2010 05/30/2010 05/30/2010 HANDLED BY CLERK TRAFFIC TICKET 05/03/2010 05/07/2010 05/07/2010 FILING http://www.iowacourts.state.ia.us/ESAWebApp/TViewFilings?fromPrinterFriendlyPage=yes 2/2/2011 ABD Licensing -Applicant Signature Page 1 of 1 Applicant Signature LE0001526, City Liquor & Tobacco, 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. 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: HUMA[RA `np._ tr ct�� Date: -0,/12/2011 MM/DD/YYYy Tentative effective date: 03/01/2011 MM/DDlYYYY You are ready to submit the application for your license to sell alcoholic beverages in the State of Iowa. By providing the following bank information,your account will be debited$3,090.00 for the payment of the license. Itps://elicensing.iowaabd.com/ApplicantSignature.aspx 1/13/2011 Approved/Denied Online NEW RENEWAL EXPIRATION rn LM[ -k����ilCLASS � 1`w✓isr /I ( I INSPECTION REPORT APPLICATION FOR BEER AND/OR LIQUOR PERMIT BUSINESS: t� 4� ��j ucy- - 3 ADDRESS: i �j 1-(i�Ctin Ape, 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 CORM[MENTS: /a THIS ESTABLISHMENT IS CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F(FOOD CODE) THIS ESTABLISHMENT IS NOT CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F(FOOD CODE) 61 APPROVED BY: a4S!-wv` DATE: J6 25'�// FIRE MARSHALL COMMENTS: APPLICANT IS IN COMPLIANCE WITH THE CURRENT FIRE CODE NOT IN COMPLIANCE WITH FIRE CODE APPROVED BY: DATE: ,_jG POLICE CHIEF OR DESIGNEE WE HAVE RESEARCHED THE APPLICABLE RECORDS OF THE A OVE MENTIONED ESTABLISHMENT AND REPORT THE FOLLOWING: DENIED BY: APPROVED BY:` DATE: J STATUS COUNCIL ACTION: DATE: ABD Licensing - Transfer Premise Page 1 of 1 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 by 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 Line 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 State: Zip: 50703 City: {Jsierloo ,o�y,o .................... . Temporary Transfer(24 hours through 7 days) Beginning Date: Ending Date: p: Permanent Transfer _ Beginning Date: 02/01/2011 Prey https://eicensing.iowaabd.com/TransferPremise.aspx 1/13/2011 ABD Licensing- New Premise Location Information Page 1 of 1 New Premise Location information After completion click on the NEXT link to continue to the next LE®OOor the25 BAE �CK krtoetuurn to Liquor Store, Waterloo 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 _..._..-applicable): ___. To: MM/DDNYYY 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? m ps://elicensing.iowaabd.com/NewPremiseLocationInformation.aspx 1/14/2011 ABD Licensing - Applicant Signature Page 1 of l 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: [ti of nde Khca Date: C"; 2/2011 MM/DD/YYYY Tentative effective date: '02/01/2011 MMIDDIYYYY https://elicensinglowaabd.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: zr9nue Gavenrene Store AddressLine2: ogan Ave City: Waterloo .. v State: apt 50703 Effective Date: 02/01/2011 MM/DD/yyyy Expiration Date: MM/DD/yyyy I I ..... Effective continuously without cumulative liability until canceled. Signature. Date:; MM/DD/yyyy ittps://eicensing.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. Landlord shall return the full deposit 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 is responsible 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. 8. (a) SURRENDER OF PREMISES AT END OF TERM--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 proportions: by Landlord 100%; by Tenant 0%. 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 belonging to any person or persons, 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 made on account of the 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 advanced 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 7 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; provided, 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. 8 (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 as masculine, feminine or neuter gender according to the 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: i� IN WITNESS WHEREOF, the parties hereto have duly executed this lease /in-duplicated the day and year first above written. 7i i y 4)" (-) Al l v d Lederman;'1Landlord C 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 [12001 • • <S: 171 FLL _.T _ › b ' yLL - http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891323234008&a... 1/14/20 1 _, I CITY OF WATERLOO , IOWA 1/1IF-Z w `�� � COMMUNITY PLANNING AND DEVELOPMENT *.•-_,---....._—_:_....._,:: .. 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 erjo 0 \ NOEL ANDERSON,Community Planning&Development Director January 19, 2011 Mayor Suzy Schares, City Clerk BUCK RE: Transfer of Alcohol License to 735 Logan gan Avenue—Legal Non-conforming Status 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. ONES DAVID The site in question at 735 Logan Avenue is zoned "M-1" Light Industrial District and Ward r the site was recently operated as a bar(non-limited alcohol sales),which was the 01' 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 Ward 3 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 IwIA�dR4 more restrictive zoning district than the previous use, is allowed by General Rule 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 ZoningOrdinance do not distinguishregulate GREENWOOD and re late At-Large differently between an on-premise consumption business versus an off-premise 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. es L/L t1/G�u Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! III 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: Lo7an Avenue Convenience Store Site Address: 735 r,ngan AVPrIllP Phone: 50.4-6696 Fax: Waterloo b. Applicant's Name(please print):Ara of Iowa, Inc Address: annn *^^^lam.--Drive Phone:231 5427 Fax: City: 1i��Waterloo State: TAC Zip: 507X.3 c. (11 ' 1 --It -11 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 stanon/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: of a School Bar ii. What was the date that the business closed: December 2010 ? 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: 1,a. Current Zoning: b. Distance to Protected Use: w''{Q k.A c. Located along a Principal Arterial or Interstate(Yes or No): O d. All restrictions for an Alcohol Sales Use meet (Yes or No): iO p ; If no, explain (legal non- conforming, variance approved, etc.): I* vein cd✓l w,\n.q L/ e. al- a &✓(rk i-Omikl • 0.1.(u4a11. `c.� a+cwkg4i3 }o a\fyal , -(. wa-u1 J u>e n.S a COM/414 W' 4:1.y C 1,i A i l-A) a\ie sa\C'. as a otu.C5 6y 60010 A-S1.cs-1wQ..i- tiaeJ‘k OUR_act -7/144/0? e. Special Permit Required(Yes or No): ,.{)p ;If yes,date approved: f. Fencing Required(Yes or No,if yes where): //o 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. [/( /'i Signature of Zoning Official Date AFFIDAVIT AND STATUS AGREEMENT IlVue, Mehnde .xhan. . ^_ , under penalty of perjury pursuant• to the laws of the State of Iowa, certify to the truthfulness and accuracy ofthe representations below, and further, intending to be bound and to bind my/our 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„create 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 the 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. (1J 'id/1" I 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- conformiing" use for purposes of the alcohol sales provisions of the Zoning Ordinance. / By: • !/�A✓ � i'��', Title: Ci-( P(arn tev Date: ll(4/( As you may be aware, the liquor store located a!1027"East 4th is planning on moving their establishment to 735 Logan Ave. (Corner of Edwards and Logan). Currently, there are two liquor stores in our neighborhood. We have worked hard over the years to improve the quality of life in our area. Please take a moment of your time to sign the petition below and help stop this negative development. We the undersigned are respectfully petitioning Mayor Buck Clark and the Waterloo's City Council to"VOTE NO"on licensing the proposed establishment to be located at 735 Logan Ave.This licensing is seen as a potential detriment to the safety of our children and quality of life. PRAM 4fP M&- e&SS � h- i fH,*(... y 1 _11407.0 4let ar br• tc?Vv_ :33• /QS8' i I x©yiA426Gvy,�r� uArr Ark S1_'-.��7— o39A �- i 7 . f `` 11 tea. CF ►►,_- ig-4-3 i rra 1 lam. � 3 ( 21r--/tea, CF �3lf� act; - / 3 �(-) 3 d P ,1P .CF 31 y -mot, �0Y/ 7 ,.. bYPP�" CIAPCG r Of- ,A1 7 l 7t, g-2 �!/rC� ii/ l,tit 3/ 'j133- 7b'd : 13 %111/G. mf,& 0ir3E.;2 J/r-Y7t-1-3// • a � t --1 Page 1 of 1 SUZY SCHARES To: Quentin Hart Subject: RE: 508 Broadway Forwarded message From: "ELIZABETH CARSON" <rcarson23@msn.com> Date: Mon, Feb 14, 2011 3:34 pm Subject: 508 Broadway To: "Quentin Hart" Dear Councilman Hart Common Grounds Neighborhood would like to speak on the relicensing of 508 Broadway street and 735 Logan avenue we would like to have this on the regular agenda to speak on this tonight thank you Renee Carson common Grounds Neighborhood Association President This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential, and may be legally privileged. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error please notify us immediately at the e-mail address listed above. Thank you. 2/14/2011 4 s r z , .,'ITS� e... c '� am is ^z s a - - i-.et- _ .,,.72 .y_�-25 -�yq a ' .; ... `rJiJ lZr CrV��'el At C�') _'f:\E IJ\CX[3i 1 .f r +��'� - How Alcohol Outlet _ ,I ,, Neighborho.od Violence KathrynSea - - — -- - --- Prevention PACIFIC INSTITUTE FOR REEEARCH Research Center ON pc.44 www.resources.prev.org Pacific Institute for Research and Evaluation is one of the nation's preeminent independent, nonprofit organizations merging scientific knowledge and proven practice to create solutions that improve the health safety and well-being of individuals, communities nations,and the world How Alcohol Outlets Affect Neighborhood Violence Pacific Institute FOR RESEARCH AND EVALUATION Introduction Neighborhoods where bars, restaurants and liquor and other stores that sell alcohol are close together suffer more frequent incidences of violence and other alcohol-related problems, according to recent research by the Prevention Research Center and others. The strong connection between alcohol and violence has been clear for a long time—but now we know that this connection also relates to the location of places that sell alcohol. Government agencies with authority over land-use and/or liquor licenses can help fight crime and blight and improve quality of life by controlling licenses to sell alcohol and the location of licensees. Governments can make rules that set minimum distances between alcohol outlets; they can limit new licenses for areas that already have outlets too close together; they can stop issuing licenses when a particular location goes out of business; and they can permanently close outlets that repeatedly violate liquor laws. This paper presents some of the questions and answers about alcohol sales outlets and alcohol problems— especially the relationship between outlet location and violence. What is the relationship between outlet density and violence? A number of studies have found that in and near neighborhoods where there is a high density of places that sell alcohol,there is a higher rate of violence. That is,when bars, liquor stores, and other businesses that sell alcohol are close together,more assaults and other violent crimes occur. Some of the important findings about outlet density and violence are described below. • In a study of Camden,New Jersey, neighborhoods with alcohol outlet density had more violent crime (including homicide, rape, assault, and robbery). This association was strong even when other neighborhood characteristics such as poverty and age of residents were taken into account.' • In a study of 74 cities in Los Angeles County,California, a higher density of alcohol outlets was associated with more violence, even when levels of unemployment, age, ethnic and racial characteristics and other community characteristics were taken into account.2 • In a six-year study of char es in numbers of alcohol outlets in 551 urban and rural zip code areas in California, an increase in the number of bars and off-premise places(e.g., liquor,convenience Page 2 of 6 • How Alcohol Outlets Affect Neighborhood Violence Pacific Institute etto FOR RESEARCH AND EUAWATION and grocery stores)was related to an increase in the rate of violence. These effects were largest in poor, minority areas of the state, those areas already saturated with the greatest numbers of outiets.3 • Violence committed by youth was more common in minority neighborhoods where there are many outlets that sell alcohol for consumption off the premises(such as liquor and convenience stores).4 This finding makes sense because underage drinkers are more likely to purchase alcohol in a store than in a bar or restaurant. • In neighborhoods where there are many outlets that sell high-alcohol beer and spirits, more violent assaults occurs • Large taverns and nightclubs and similar establishments that are primarily devoted to drinking have higher rates of assaults among customers.6 A larger number of alcohol outlets and a higher rate of violence might be expected in poorer neighborhoods or in neighborhoods with a larger population young people. But as the research described above shows, even when levels of poverty and the age and the ethnic background of residents are taken into account, a high density of outlets is strongly related to violence regardless of a neighborhood's economic, ethnic or age status. All of the characteristics of alcohol outlet location can be important. It is easy to see that a town with many bars,restaurants,and stores that sell alcohol could be different from one that has fewer outlets. It is also easy to see that a neighborhood that has a bar on each corner and a liquor store on each block has a completely different environment than one that has few outlets or none at all. Other characteristics of the environment make a difference, too. For example, a strip of bars near a college campus presents a different environment from a similar density of bars in an upscale city center and also different from a similar density in a poor neighborhood. But in each case, some form of increased violence would be expected as compared to comparable areas with fewer alcohol outlets. A study of changes in outlet density over time as related to violence in California found that regardless of other neighborhood characteristics, an increase in outlets increased violence. In neighborhoods with a high minority population and low incomes,the effect was more than four times greater than for the statewide sample of communities. Page 3 of 6 How Alcohol Outlets Affect Neighborhood Violence t Pacific Institute 45 FOR RESEARCH AND EVALUATION What accounts for the relationship between outlet density and violence? The research that has been done so far cannot pinpoint exactly why having more outlets in a small area seems to result in more violence. Various explanations have been proposed. One is that alcohol outlets can be a source of social disorder. A liquor store parking lot full of people drinking in their cars or on the curb and broken bottles littering the area outside a bar may send a message that this is a neighborhood in which normal rules about orderly behavior are not enforced. Another possible explanation is that a neighborhood with a large number of outlets acts as a magnet for people who are more inclined to be violent or more vulnerable to being assaulted. It is also possible that a high number of outlets results in a large number of people under the influence of alcohol—which makes them both more likely to be violent and less able to defend themselves.' It is most probable that all of these factors come into play. What is the relationship of outlet density to other alcohol problems? The density of alcohol outlets has also been found to be related to other alcohol problems such as drinking and driving,higher rates of motor vehicle-related pedestrian injuries,and child abuse and neglect." How do governments regulate outlet density? States and communities can regulate the number of bars,restaurants,and stores that sell alcohol in a given area. Sometimes the number and location of alcohol outlets is not limited at all. In some jurisdictions, the number of alcohol outlets is limited based on the population of the area—only so many outlets per thousand residents, for example. In other cases, the location of outlets is regulated—for example, some states or communities set minimum distances from schools or churches. Research increasingly fords, however, that geographic density is the key aspect of outlet location — that is, the distance between outlets. Where over-concentrations of outlets occur,greater problems arise. Governments can use their regulatory powers to reduce violence by: • Making rules that set minimum distances between alcohol outlets; • Limiting new licenses for areas that already have outlets too close together; • Not issuing a new license when a particular location goes out of business; • Permanently closing outlets that repeatedly violate liquor laws (such as by selling alcohol to minors or to intoxicated persons or allowing illicit drug sales or prostitution on the premises). Page 4 of 6 How Alcohol Outlets Affect Neighborhood Violence Pacific Institute Ct FOR RESEARCH AND EVALUATION What implications do these findings have for state and local licensing policies? The research strongly suggests that limits on outlet density may be an effective means of reducing alcohol problems, especially violence. States and communities can use controls on the number and location of alcohol outlets as a tool for reducing violence, creating a safer and healthier alcohol environment, and improving the quality of life of a community. What other alcohol policies are important? Alcohol is a legal and widely consumed commodity;but it is also a commodity that can create a variety of serious health and social problems. Alcohol policies are an important tool for preventing these problems. Every day, states and communities make decisions about the sale of alcohol: who can sell it, when and where it can be sold,who it can be sold to. State and local laws and policies control many aspects of the system by which alcohol is manufactured,marketed,sold,purchased,and consumed. Regulations serve a variety of purposes, for example, they help ensure that tax revenues are collected. But the regulation of the business of selling alcohol goes beyond economic concerns. Each element of the regulatory system provides opportunities for creating a healthier social environment with respect to alcohol. For example, regulations can prevent unsafe sales practices— such as prohibiting all-you-can- drink specials that encourage intoxication. Regulations can control advertising and promotion that appeals to minors and establish the minimum age and training qualifications for people who sell and serve alcohol. Each type of regulation has the potential to ensure that alcohol is consumed in a safe and healthy manner. What aspects of alcohol availability can be regulated? The regulation of alcohol sales can have an impact on the availability of alcohol—that is,how easy and convenient it is to buy. Some states and communities try to make alcohol less available by selling it only in limited places —for example, state liquor stores. Other communities sell it more freely—making it available in grocery stores, convenience stores,gas stations, laundromats, drive-through windows, and so forth. States and communities can also limit the hours and days of sale, and other aspects of the conditions of sale. The regulation of availability is important because research generally shows that when alcohol,is more easily available,people drink more and more alcohol problems occur. Page 5 of 6 How Alcohol Outlets Affect Neighborhood Violence 48 Pacific Institute FOR RESEARCH AND EVALUATION References 'Gorman.D.,Speer.P.,Gruenewald,P.,and Labouvie,E.(2001)Journal of Studies on Alcohol, 62:628-636. 2 Scribner,R.et al.(1995)The risk of assaultive violence and alcohol availability in LA County,American Journal of Public Health, 85:335-340. 3 Gruenewald,P.J.and Remer,L. Changes in outlet densities affect violence rates. In review,Alcoholism:Clinical and Experimental Research 2004. 4 Alaniz,M., Cartmill,R., and Parker,R.(1998)Immigrants and violence,Hispanic Journal of Behavioral Sciences, 20, 155-174. 5 Stevenson,R.,Lind.,B.and Weatherbum,D.(1999). The relationship between alcohol sales and assault in New South Wales,Australia,Addiction, 94(3):397-410. 6 Stockwell,T.et al.(1992)Levels of drunkenness of customers leaving licensed premises in Perth,Western Australia:a comparison of high and low"risk"premises. British Journal of Addiction,87:873-881. 'Gorman,et al.(2001). 8 Freisthler,B.,Midanik,L.T.and Gruenewald,PJ. Alcohol outlets and child physical abuse and neglect:Applying routine activities theory to the study of child maltreatment. Journal of Studies on Alcohol,65 586-592,2004. 9 Stockwell,T.and Gruenewald.P.(2001)Controls on Physical Availability of Alcohol,in Heather,N.,Peters.T., and Stockwell,T.(eds.),International Handbook of Alcohol Dependence and Problems, John Wiley and Sons,Ltd. Page 6 of 6 3: s� PM _��.- ALLEN GLASS Co INC({ i "7f }aE lf{20lEFfERSON . • J 1� (3191232-0461 FAX(3 9 -7981 IOWA 5U702 • s 123G 7481 - gfri s- tg ii 4+.--,.. . • - mate_ -elf — iG 5 C- Phone# Fax JOB SITE: � - 73 � 1k� • li J c 231 Sqz� • • 1-14a1,-, p im (41 z w J dAo„o r i f" Y ,`ft '' T1-- !� v /0 °d Date: . ` O,3/ Project: •v/ Customer: 4242'C'Circle-Omaha,NE 68144 Special Notes: (402)339-3737-(800)383-4527 Fax:(402)339-9395 : _ . __: . . : r : .. i :.. 1 • ° 74, a } .r" i ` • a. : .. _ . :_ . . . . • - , _..: - . . . _ - . E . .. 4... CITY OF WATERLOO iltur\l, Pit/4_6m / • 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 Wayfinding 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 Department 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. STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1341209 NOTICE OF PUBLIC HEARING ON PROPOSE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/09/2011, in the issues of 02/09/2011 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 $16 . 93 NOTICE OF PUBLIC HEARING On Proposed Plans,Specifications, Form of Contract, Etc.for the 1( F.Y.2011 DOWNTOWN WAYFINDING At SIGNAGE,CONTRACT NO.783 0In the City of Watedoo,Iowa Black Hawk County Sign )\ili\-Aj& Notice is hereby given that the Council of the City of Waterloo will conduct a public hearing on the proposed plans,specifi- cations,form of contract,etc.for the construction of the above-described project at 5:30 p.m.on February 14, Subscribed and sworn to before ore me this 2011,said hearing to be held in the 715 II +`` hr�=/ W[J t Council Chambers in the CityO Hall,form Mulberry Avenue,Waterloo,Iowa 50703. day o f a�1 t I The proposed plans,specifications,form r / ll of contract,etc.for Baia improvements heretofore prepared by Craig Ritlend ,, M- N Z -Landscape Architects are now on file In a g,�� �� the office of the City Clerk for public ex- . � � 761976 'amination,and any person interested {pIR'CS therein may file written objection thereto with the City Clerk before the date set for J G.I �.-bi i .__ said hearing,or appear and make objec- tion thereto with the City Clerk before the tar Publ date set for said hearing,or appear and make objection thereto at the meeting above set forth, V Anyone who is interested may appear at said time and place and be heard or may -file written objection with the City Clerk, Received of City Hall, saidtrlaaringwa;before the date By order of the Council of the City of Waterloo this 7th day of February,2011. the sum of Dollars Suzy Schares in full for publication of the above invoice . City Clerk Notary Seal : RESOLUTION NO. 2011-99 RESOLUTION CONFIRMING APPROVAL OF 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 the City Engineer did file said preliminary plans, specifications, form of contract, etc. in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, which were preliminarily approved by Resolution No. 2011-092 on February 7, 2011, and WHEREAS, a public hearing, upon notice, was held on February 14, 2011 . 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, approved as filed. PASSED AND ADOPTED this 14th day of February, 2011. Ernest G. Clar , ayor ATTEST: Suzy Sch s, CMC City Cle k RESOLUTION NO. 2011-100 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F. Y. 2011 DOWNTOWN WAYFINDING SIGNAGE, CONTRACT NO. 783. WHEREAS, by Resolution No. 2011-099, plans, specifications, form of contract, etc. , in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on February 14, 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 plans and specifications . PASSED AND ADOPTED this 14th day of February, 2011 . ifS E nest G. C ark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 4, 2011 Dept. Head Signature: Bradley Hagen # of Attachments: 1 SUBJECT: Approve award of bid to Zephyr Aluminum Products, of Dubuque, Iowa in the amount of$30,895.00 for the Livingston Hangar Window Replacement project at Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action:Approve award of bid to Zephyr Aluminum Products, of Dubuque, Iowa in the amount of$30,895.00 for the Livingston Hangar Window Replacement project at Waterloo Regional Airport. Summary Statement: Expenditure Required: $30,895 Source of Funds: 100%from IDOT Aviation Trust Fund grant Policy Issue: Alternative: Background Information: The City Council approved an IDOT grant between City of Waterloo, through Waterloo Regional Airport, and IDOT in the amount of$106,181 for funding airport improvements, including this project. We advertised and held a public hearing on January 18, 2011. The sole bid was from Zephyr Aluminum Products. Date: February 4, 2011 TO: Mayor Clark City Council Finance/Clerk FROM: Bradley Hagen,Airport Director RE: Recommendation of Award Livingston Hangar Window Replacement Please accept this memo as my request to approve the award of bid to Zephyr Aluminum Products, of Dubuque, Iowa in the amount of$30,895.00 for the Livingston Hangar Window Replacement project at Waterloo Regional Airport. We advertised for this project and held a public hearing and bid opening on January 18, 2011. Zephyr was our sole bid at$30,895. Council approved an IDOT grant for this project earlier to ensure funding is in place. The IDOT grant will fund 100% of the costs. We expect to complete the project by June 30, 2011. If you have any questions or concerns,please feel free to call. RESOLUTION NO. 2011-101 RESOLUTION MAKING AWARD OF BID TO ZEPHYR ALUMINUM PRODUCTS OF DUBUQUE, IOWA, IN CONJUNCTION WITH THE LIVINGSTON HANGAR WINDOW REPLACEMENT PROJECT AT THE WATERLOO REGIONAL AIRPORT, IN THE AMOUNT OF $30, 895. 00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Zephyr Aluminum Products of Dubuque, Iowa, in the amount of $30, 895 . 00, in conjunction with the Livingston Hangar Window Replacement Project at the Waterloo Regional Airport described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-035, after public hearing on January 18, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 14th day of February, 2011 . iefs E nest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 4, 2011 Dept. Head Signature: Bradley Hager #of Attachments: 1 SUBJECT: Approve Contract, Bonds, and Certificates of Insurance with Zephyr Aluminum Products, of Dubuque, Iowa in the amount of 3 q � $ 0,895.00 in conjunction with the Livingston ngston Hangar Window Replacement project at Waterloo Regional Airport; and to authorize Mayor to execute said documents. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action:Approve Contract, Bonds, and Certificates of Insurance with Zephyr Aluminum Products, of Dubuque, Iowa in the amount of$30,895.00 in conjunction with the Livingston Hangar Window Replacement project at Waterloo Regional Airport; and to authorize Mayor to execute said documents. Summary Statement: Expenditure Required: $30,895 Source of Funds: 100%from IDOT Aviation Trust Fund grant Policy Issue: Alternative: Background Information: The City Council approved an IDOT grant between City of Waterloo, through Waterloo Regional Airport, and IDOT in the amount of$106,181 for funding airport improvements, including this project. We advertised and held a public hearing on January 18, 2011. The sole bid was from Zephyr Aluminum Products. 1 RESOLUTION NO. 2011-102 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE WITH ZEPHYR ALUMINUM PRODUCTS, INC. OF DUBUQUE, IOWA, IN CONJUNCTION WITH THE LIVINGSTON HANGAR WINDOW REPLACEMENT PROJECT AT THE WATERLOO REGIONAL AIRPORT, 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 Zephyr Aluminum Products, Inc. of Dubuque, Iowa, for the Livingston Hangar Window Replacement Project at the Waterloo Regional Airport, 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 14th day of February, 2011, together with the accompanying bond for the faithful performance of said Contract signed by Merchants Bonding Company (Mutual) of Des Moines, Iowa, as surety thereon, be, and the same are hereby approved. PASSED AND ADOPTED this 14th day of February, 2011 . 7a) E st G. Clark, Mayor ATTEST: f:I Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 2/14/11 Prepared: 2/8/11 Dept. Head Signature: PH # of Attachments: SUBJECT: Modified Rate/Policy Structure for Cedar River Boat House Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action:Approve modifications to Cedar River Boat House fees and policies. Summary Statement: Council approved fees and policies for the Cedar River Boat House on March 22, 2010. These fees have proven to be somewhat confusing and ambiguous to potential renters. The Leisure Services Commission recommends (2/8/11 mtg.) changes as follows: The current fee structure and policies include: • $125 all day, Monday through Thursday. (8 am— 10 pm) • $200 all day, Friday, Saturday, Sunday, Holidays. (8 am— 10 pm) • $12 per hour attendant fee. Recommend above be replaced by the following: WEEKDAYS, Monday through Thursday • $150 1-4 hours. (Was $137 - $173) • $200 4-8 hours. (Was $173- $221) • Over 8 hours,evaluation by Director. WEEKENDS, Friday, Saturday, Sunday, Holidays • $250 1-4 hours. (Was $212 - $248) • $300 4-8 hours. (Was $248 - $296) • Over 8 hours, evaluation by Director ATTENDANT • Eliminate $12 per hour attendant fee. • Attendant will still be present at all events, fee included in flat rates. Expenditure Required: NA Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: These changes are recommended in order to simplify rental rates. CITY OF WATERLOO Council Communication City Council Meeting: 3/22/10 Prepared: 3/16/10 Dept. Head Signature: PH #of Attachments: 0 SUBJECT: Resolution-to approve Rental Fees and Policies for the Cedar River Boat House Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Pass said Resolution as recommended by the Leisure Services Commission Summary Statement: The following fees and policies are recommended: • $125 all day,Monday through Thursday. (8 am— 10 pm) • $200 all day,Friday, Saturday, Sunday,Holidays. (8 am— 10 pm) • $200 damage/cleaning deposit required. • City Attendant required for all events at a cost of$12 per hour. • Cleanup to be done by renter with assistance from City Attendant. • Beer and wine allowed in bottles/cans only. No kegs allowed. • Caterers must provide Proof of Liability Insurance prior to event. • Must be 21 and sign contract to rent. Expenditure Required NA Source of Funds:NA Policy Issue: NA Alternative: NA Background Information:The Waterloo Leisure Services Commission approved the above fee and policy structure for the new Cedar River Boat House (currently under construction)and recommend City Council Approval of same. RESOLUTION NO. 2011-103 RESOLUTION APPROVING RENTAL FEES AND POLICIES FOR THE CEDAR RIVER BOAT HOUSE IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following Rental Fees and Policies for the Cedar River Boat House in the City of Waterloo, Iowa, be and the same are hereby approved: 1 . WEEKDAYS - MONDAY THROUGH THURSDAY $150 . 00 1-4 hours $200 . 00 4-8 hours Over 8 hours, evaluation by Director 2 . WEEKENDS - FRIDAY, SATURDAY, SUNDAY & HOLIDAYS $250 . 00 1-4 hours $300 . 00 4-8 hours Over 8 hours, evaluation by Director 3 . $200 . 00 damage/cleaning deposit required. 4 . Clean up to be done by renter with assistance from City i Attendant. 5 . Beer and wine allowed in bottles/cans only. No kegs allowed. 6. Caterers must provide Proof of Liability Insurance prior to event . 7 . Must be 21 and sign a contract to rent. PASSED AND ADOPTED this 14th day of February, 2011 . /‘-•"-)1 d44-• Ernest G. Clar , Mayor ATTEST: -YAr )C, Suzy Sch�res, CMC City Cle k AIL piiy CITY OF WATERLOO , IOWA ��it 1�NI, ��rr� r,,, ,,,,,, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dterl00 A0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 02/14/11 BUCK Prepared: 02/09/11 CLARK Dept. Head Signature: # of Attachments: 8 COUNCIL MEMBERS SUBJECT: Resolution approving the bonds and certificate for the contract with DAVID Advanced Environmental Testing and Abatement, Inc. for asbestos abatement JONES services in connection with Public Assistance (PA) demolition activities of the Ward I Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action:Approve the bonds and certificate for the HAROLD contract for asbestos abatement services with Advanced Environmental Testing and GETTY Abatement, Inc. Ward 3 QUENTIN Summary Statement: HART Ward 4 Expenditure Required: none RON WELPER Source of Funds: N/A Ward 5 Policy Issue:Asbestos Abatement of properties acquired as part of the HMGP BOB Property Acquisition Project GREENWOOD At-Large Alternative: N/A STEVE SCHMITT Background Information: At the 2/7/11 Council meeting the Council awarded At-Large contract for asbestos abatement services to Advanced Environmental Testing and Abatement, Inc. As part of the bid documents and contract documents, Advanced Environmental was required to submit a Bid Bond, a Certificate of Insurance, a Performance Bond, and a Payment Bond. All required documents have been submitted and we are requesting that the Council adopt a resolution approving the bonds and certificate. It is anticipated that asbestos abatement activates under the contract will commence within the next week or two. cc: Noel Anderson,Community Planning&Development Director Chris Western,Planner II Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\02-09-11 Council Communication for Approving Bonds and Certificate of Insurance for Asbestos Abatement Contract with Advanced Environmental.doc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer IOWA STATUTORY BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Advanced Environmental Testing and Abatement, Inc. as Principal,and Lexon Insurance Company as Surety, are held and firmly bound unto the City of Waterloo Iowa, hereinafter called"OWNER", in the penal sum of Five Percent of Amount Bid Dollars ( 5% ) , lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators, and successors,jointly and severally firmly by these presents.The conditions of this obligation is such that whereas the Principal has submitted the accompanying bid,dated January 10, 2011 , for Property Acquisition Project-Seal RFP for Asbestos Abatement Services, Waterloo, Iowa Project. NOW,THEREFORE, (a) If said Bid shall-be rejected,or in the alternate, (b) If said bid shall be accepted and the Principal shall furnish a bond for the faithful performance of said contract,and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void,otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the owner may accept such Bid or executed such contract;and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations,have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 10th day of January, 2011 Advanced Environmental Testing and Abatement, Inc. Principal BY: Wit es • Lexon Insurance Company Surety BY: Witness Anne Crowner Di nne S. Riley ttorney-in-Fact POWER OF ATTORNEY LX _ 0 3 6 4 9 2 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint Dianne S. Riley, Cindy Bennett, Stacy Venn, Anne Crowner, *** Craig E. Hansen, Jay D. Freiermuth, Brian M. Deimerly, Timothy J. McColloh ***"`******** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed$ 7,500,000.00 Seven million five hundred thousand dollars ************ dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY i\�..,....A...., "O • XXi TEXAS ; INSURANCE 13 D BY �j. COMPANY .: David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known,who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K. AYE �/ n Notary Public,State of Illinois My Commission Expires 09/21/13 Maureen K.Aye CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 10th Day ofJanuary 20 11 ,Xi TEXAS •��j OJ1A2• Donald D. Buchanan .....••'.. % Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading, information concerning any fact materi- al thereto,commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." vo AC()RQN CERTIFICATE OF LIABILITY INSURANCE ogioNI/z o) PRODUCER 319.266.2644 FAX 319.277.2429 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bruninel Madsen & Assoc. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 318 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 399 Cedar Fal 1 s, IA 50613 INSURERS AFFORDING COVERAGE NAIC# INSURED Advanced Environmental Testing & Abatement, In( INSURER A: American Safety Risk Retention 803 Ricker St. INSURER B: Western National Insurance Waterloo, IA 50703 INSURERC: — INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRO DATE IMMIDD/YYYY) DATE(MM/DDNVYV) GENERAL LIABILITY ENV010673-09-05 09/13/2010 09/13/2011 EACH OCCURRENCE $ 2,000,000 DAMAX COMMERCIAL GENERAL LIABILITY INC: LEAD ABATEMENT PPREMISES(Eaoccurrence) $ 50,000 CLAIMS MADE IT I OCCUR INC: POLLUTION MED EXP(Any one person) a 5,000 A INC: MOLD PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 5,000,000 GEM.AGGREGATE LIMIT APPLIES� PER: PRODUCTS-COMP/OP AGG S 5,000,000 —I POLICY n JEC I LOC I AUTOMOBILE LIABILITY CPP1013320 02/28/2010 02/28/2011 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S B HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per ecddent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG Si EXCESS/UMBRELLA LIABILITY ENU019468-09-02 09/13/2010 09/13/2011 EACH OCCURRENCE S 1,000,000 OCCUR 71 CLAMS MADE AGGREGATE $ 1,000,000 A a • DEDUCTIBLE $ X RETENTION $ 10,000 i $ ANDWORKERS EMPLOYERSCOMPENSATION WCVI001609 09/13/2010 1I 09/13/2011 TORY LIMITS ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIV —1 E.L.EACH ACCIDENT S 1,000,000 B OFFICER/MEMBER EXCLUDED? I IMandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 II yen,deeonbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insurance verification CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN . - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR • - REPRESENTATIVES. • _ AUTHORIZED REPRESENTATIVE I • Brian Brummel/JAB ACORD 25(2009/01) FAX: 309.782.2358 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Bond No. 1063862 KNOW ALL MEN BY THESE PRESENTS: That we, Advanced Environmental Testing and Abatement, Inc. of Waterloo, IA (the "Principal"), and Lexon Insurance Company of Louisville, KY (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Eighty-Six Thousand Seven Hundred Ten and NO/100 Dollars ($ 86,710.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about February 15, 2011 for the purpose of Asbestos Abatement Services . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee 'and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of February 15, 2011 PRINCIPAL SURETY Advanoad Envirartental Testing and Abaterent, Inc. Lexon Insurance Company Name Name By: ( By: Dianne S. Riley Title: pA11 - Title: Attorney-in-Fact [attach Power of Attorney] Performance Bond Page 2 of 2 PAYMENT BOND Bond No. 1063862 KNOW ALL MEN BY THESE PRESENTS: that Advanced Environmental Testing and Abatement, Inc. (Name of Contractor) 803 Ricker Street, Waterloo, IA 50703 (Address of Contractor) a Corporation ,hereinafter called Principal, (Corporation,Partnership or Individual) and Lexon Insurance Company (Name of Surety) 10002 Shelbyville Rd., Suite 100, Louisville, KY 40223 (Address of Surety) hereinafter called Surety,are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called Owner, in the penal sum of Eighty-Six Thousand Seven Hundred Ten and NO/100 Dollars ($ 86,710.00 ), in lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. This bond is given with respect to a certain contract entered into by Principal with the Owner, dated February 15, 2011 , a copy of which is hereto attached and made a part hereof, for the purpose of: Asbestos Abatement Services NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, fuel,repairs on machinery, equipment and tools, consumed or used in connection with the performance of such work, and all insurance premiums on said work, and for all labor,performed in such work whether by subcontractor or otherwise,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED,FURTHER,that the Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED,FURTHER,that no final settlement between the Owner and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three (3) counterparts, each one of (number) which shall be deemed an original,this 15th day of February ,20 11 . ATTEST: Advanced 5rvi n.nm(LA Testing and Abatement, Inc. Principal al)Secretary SE ) By �— �-- $03 Ricker Street, Waterloo, IA 50703 (Address) Witness as to Principal 703 Ricker Street, Waterloo, IA 50703 (Address) Lexon insurance Company Surety ATTEST: By Attorney-in-FactaCtS. Ri ley y Holmes Murphy & Associates, Inc. 'Witness as to Surety ndy Bennett (Address) Holmes Murphy & Associates, Inc. P.O. Box 9207, Des Moines, IA 50306-9207 (Address) P.O. Box 9207, Des Moines, IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. POWER OF ATTORNEY LX - 038407 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Dianne S. Riley, Cindy Bennett, Stacy Venn, Anne Crowner, **** Craig E. Hansen, Jay D. Freiermuth, Brian M. Deimerly, Timothy J. McColloh ************ its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ 7,500,000.00 Seven million five hundred thousand dollars************ dollars,which the Company might execute through its duly elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. �JpAN— LEXON INSURANCE COMPANY xi TEXAS ▪•R' C X; INSURANCE e D \'111. COMPANY Z BY • 4 David E.Campbell ••..,••..••'°J• President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E.Campbell to me known,who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN IC.AYE Notary Public,State of Illinois � � f�.. My Commission Expires 09/21/1.3 Maureen K.Aye CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Woodridge, Illinois this 15th Day of February 20 11 SsF%ANCFC A j; TEXAS X0 INSURANCE tD COMPANY• Donald D. Buchanan •••••° i' Secretary "WARNING; Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,information concerning any fact materi- al thereto,commits a fraudulent Insurance act,which is a crime and subjects such person to criminal and civil penalties." LX2 1 RESOLUTION NO. 2011-104 RESOLUTION APPROVING BONDS AND CERTIFICATE OF INSURANCE WITH ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC. OF WATERLOO, IOWA, IN THE AMOUNT OF $86, 710 . 00, IN CONJUNCTION WITH THE ASBESTOS ABATEMENT SERVICES FOR DEMOLITION ACTIVITIES OF THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Bonds and Certificate of Insurance with Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa, in the amount of $86, 710 . 00, in conjunction with the Asbestos Abatement Services for Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, described in the plans and specifications heretofore adopted by this Council in Resolution No. 2011-018 for said project, after public hearing on January 10, 2011 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. PASSED AND ADOPTED this 14th day of February, 2011 . 1:P-'(4- IS4'/ Ernest G. Clark, r ATTEST: S -nSlt C P. Suzy SchaFes, CMC City Cler AO m IiL CITY OF WATERLOO , IOWA r^^^ COMMUNITY PLANNING AND DEVELOPMENT dr Ohm 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 °flo o NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: February 14 BUCK CLARK Prepared: February 8 Dept. Head Signature: # of Attachments: 7 COUNCIL MEMBERS SUBJECT: Approval of Contract for the Disaster Recovery Business Rental JDONES AVI Assistance Program for CU and The Cellar, LLC at 320 E 4th St, in the amount Ward 1 of$19,497.30. CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action:Approval HAROLD GETTY Ward 3 Summary Statement: The Planning and Zoning Department has received and processed 131 applications that are complete with all required documentation. QUENTIN We are now requesting approval of 1 additional application. The additional HART completed application totals $19,497.30, which, if distributed, would leave Ward 4 $613,725.45 in remaining Disaster Recovery Business Rental Assistance funds. RON IDED is requiring that a separate contract agreement(including a promissory WELPER note for the forgivable loan amount where applicable)be executed between the Ward 5 City of Waterloo and each of the businesses. The businesses with their eligible BOB assistance amounts include: 1) CU and The Cellar, LLC at 320 E 4th St, GREENWOOD $19,497.30 At-Large Expenditure Required: $19,497.30 STEVE SCHMITT At-Large Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract# 08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and an agreement with the Iowa Department of Economic Development(IDED)was approved with Resolution No. 2009-814 on August 17, 2009 (contract number 08- DRB-205). That agreement provides for the setup of the Disaster Recovery Business Rental Assistance Program, allowing for tenants renting space within a CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. AS:SG cc: Noel Anderson,Community Planning&Development Director Shane Graham,Planner II :;� �i�. CITY OF WATERLOO , IOWA �.,.. m COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dterl00 \e' NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: February 14 BUCK CLARK Prepared: February 8 Dept. Head Signature:L44( # of Attachments: 7 COUNCIL MEMBERS SUBJECT: Approval of Contract for the Disaster Recovery Business Rental DAVID Assistance Program for CU and The Cellar, LLC at 320 E 4th St, in the amount JONES Ward 1 of$19,497.30. CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action:Approval HAROLD WardGETTY Summary Statement: The Planning and Zoning Department has received and processed 131 applications that are complete with all required documentation. QUENTIN We are now requesting approval of 1 additional application. The additional HART completed application totals$19,497.30, which, if distributed, would leave Ward 4 $613,725.45 in remaining Disaster Recovery Business Rental Assistance funds. RON IDED is requiring that a separate contract agreement(including a promissory WELPER note for the forgivable loan amount where applicable)be executed between the Ward 5 City of Waterloo and each of the businesses. The businesses with their eligible assistance amounts include: 1) CU and The Cellar, LLC at 320 E 4th St, BOB $19,497.30 GREENWOOD At-Large Expenditure Required: $19,497.30 STEVE SCHMITT At-Large Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract#08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and an agreement with the Iowa Department of Economic Development(IDED)was approved with Resolution No. 2009-814 on August 17, 2009 (contract number 08- DRB-205). That agreement provides for the setup of the Disaster Recovery Business Rental Assistance Program, allowing for tenants renting space within a CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! 111) An Equal Opportunity/Affirmative Action Employer disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. AS:SG cc: Noel Anderson,Community Planning 6t Development Director Shane Graham,Planner II Disaster Recovery Business Rental Assistance Program Contract CONTRACT# AWARD DATE: PROJECT COMPLETION DATE: BRAP110 , 2011 June, 2011 CITY: City of Waterloo CONTACT PERSON: Noel Anderson, Director of 715 Mulberry Street Community Planning and Development y Waterloo, Iowa 50703 Email: Noel.Anderson@Waterloo-ia.org a) Phone: (319) 291-4366 aFax: (319) 291-4262 t BUSINESS: CU and The Cellar, LLC. CONTACT PERSON: Steve Cunningham 320 E 4th St Email: Waterloo, Iowa 50703 Phone: (319) 274-8888 Fax: 0 FORGIVABLE LOAN AMOUNT: $19,497.30 c w TERMS OF FORGIVENESS: PROJECT DESCRIPTION: N The Business must: This Forgivable Loan is provided by the City to the a c • Locate in a business rental Business to complete the Project as described in R 3 space that was physically its application and summarized here. Funds shall c m damaged by the 2008 natural be used by the Business for rental assistance for 0- disaster(s). the period [01/11] to [06/11]. u- ? • Enter into a minimum one-year, to `oa market rate lease. c LL • Remain open for the duration of the six-month period for which m rental assistance is awarded. • Not be in default of any term of this Contract. THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Disaster Recovery Business Rental Assistance Program General Provisions (July-2009), (2) Exhibit B- Business's Promissory Note, and (3) Exhibit C -Business's Application for Disaster Recovery Business Rental Assistance Program assistance. The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date" ./) FOR THE CITY: FO T E Signature Signature Print Name and Title Print Nap3e apdritle Date Date EXHIBIT A DISASTER RECOVERY BUSINESS RENTAL ASSISTANCE PROGRAM GENERAL PROVISONS (July 2009) 1. CONTRACT DURATION.This Contract is payments to Business until such time as the effective as of the Contract Effective Date stated default has been cured to City's satisfaction. on Page 1 and shall remain in effect through the Notwithstanding anything to the contrary in this Project Completion Date and until the City has Contract, upon a termination of this Contract on closed out the Contract and provided Business account of an Event of Default, Business will no with written notice of Contract closeout. longer have the right to receive any disbursements after the effective date of default. 2. FUNDING. The source of funding for this 7. INVESTMENT OF GRANT FUNDS. Contract is a grant from the Iowa Department of Economic Development to the City for a. In the event that Award Funds are not financial assistance to businesses. Any immediately utilized, temporarily idle Award termination, reduction, or delay of funds Funds held by the Business may be invested in available due, in whole or in part, to (i) lack of, accordance with State law, including but not reduction in, or a deappropriation of funds, or (ii) limited to the provisions of Iowa Code chapter any other reason beyond the City's control may, 12C concerning the deposit of public funds. in the City's discretion, result in the termination, Interest accrued on temporarily idle Award funds reduction or delay of funds to the Business. held by the Business shall be credited to and expended on the Project prior to the expenditure 3. ACKNOWLEDGEMENT OF OBLIGATIONS. of other Award funds. Business acknowledges and agrees that: a) this b. All proceeds remaining, including accrued Award is made in consideration of Business's interest, after all allowable Project costs have representations and warranties described in this been paid or obligated shall be returned to the Contract, and b) upon violation of such City within thirty (30) days after the Project covenants and warranties, Business is obligated Completion Date. Within ten (10) days of receipt to immediately repay any amounts the City of a written request from City the Business shall determines Business received without fulfillment inform the City in writing of the amount of of Business's obligations under this Contract, unexpended Award funds in the Business's plus applicable costs described in Section 14. possession or under the Business's control, whether in the form of cash on hand, 4. CONDITIONS TO DISBURSEMENT OF investments, or otherwise. FUNDS; DISBURSEMENT TERMS. No Award 8. BUSINESS'S REPRESENTATIONS AND funds will be disbursed to the Business until: WARRANTIES. Business represents and (a) The Business and the City have signed warrants to City as follows: this Contract, and (b)The Business requests a a. Authority and validity of obligations. disbursement of funds. All disbursements of Business has full right and authority to enter into Award funds shall be subject to receipt by the this Contract. The person signing this Contract City of requests for disbursement, in form and has full authority to sign this Contract on behalf content acceptable to City, submitted by the of the Business, and obligate the Business to Business. All requests shall include the performance of each and all of the documentation of costs that have been paid or costs to be paid immediately upon receipt of obligations under the Contract. Award funds. The Business shall submit to City b. Approvals received. This Contract delivered such supporting evidence as may be reasonably by the Business has been duly authorized, requested by City to substantiate all payments executed and delivered by the Business and which are to be made out of any requisition and/ constitutes the valid and binding obligation of the or to substantiate all payments then made with Business and is enforceable against the respect to the Project. Business in accordance with its terms. Business has secured all necessary authorizations and 5. PRIOR COSTS. No expenditures made prior approvals with any governmental, regulatory or to the rental assistance period start date may be governing board that may be necessary to included as Project costs. permit Business to execute this Contract and comply with its terms. 6. SUSPENSION OF DISBURSEMENT. Upon c. Governmental Approvals, Permits and the occurrence of an Event of Default(as Licenses. To the best of its knowledge, defined in Section 11)the City may suspend information, and belief after reasonable due Contract#BRAP110 2 diligence and investigation to determine the Program's effectiveness and to determine accuracy of this representation, Business compliance with this Contract. Business shall represents that it has received all licenses, promptly comply with all such requests. permits, and approvals of all Federal, state, and local governmental authorities, if any, necessary d.prepare,Disbursementign and submitRb disbursements. Business shall to conduct its business, in each case where the s sidnand n c requests failure to obtain or maintain the same could as specified in this Contract in the form and reasonably be expected to have a material content disbursementrequiredrequestsby City. and shalla review adverse effect. No investigation or proceeding all claimedexpenditures areand allowabley that which, if adversely determined, could reasonably Businessshallintanddocumentation costs. be expected to result in revocation or denial of adequate to supportll the n documd coson any material license, permit, or approval is adequate to the claimed costs. e. Inspection and Audit. Business shall permit pending or, to the knowledge of the Business, threatened. the City and its duly authorized representatives d. Litigation and Other Controversies. There is to visit and inspect any of the Business's properties, books and financial records related no litigation or governmental proceeding pending nor, to the knowledge of the Business, tothe Project, r fna dales of the books offto examine and accounts and other financial adversely determined would adversely impact arccountsds, and to, nd to be the advisedes, finances and Business's ability to perform under this Contract. by, its bycos o cwars, and independents and asblic to the same e. Compliance with Laws. To the best of its accountants r(and bythis provision Business knowledge, information, and belief after authorizes such accountants to discuss with the reasonable due diligence and investigation to City and the City's duly authorized determine the accuracy of this representation, representatives the finances and affairs of the Business represents that it is in compliance with Business) at such reasonable time and the requirements of all federal, state and local reasonable intervals as the City may designate. laws, rules and regulations applicable to or Routine inspections and audits performed by pertaining to the operations of Business. City will be at City expense. In the event any 9. EFFECTIVE DATE OF special audits are conducted at City's request, REPRESENTATIONS AND WARRANTIES. the cost of such special audits will be at The warranties and representations of Section 8 Business's expense. are made as of the Contract Award Date and f. Compliance with Laws. Business will comply shall be deemed to be renewed and restated by in all material respects with the requirements of the Business at the time each request for all federal, state and local laws, rules, disbursement of funds is submitted to the City. regulations and orders including, but not limited 10. COVENANTS OF BUSINESS. The to prevention of discrimination in employment, Business covenants that: equal employment opportunity and affirmative action, worker rights and worker safety, and the a. Performance Obligations. Business shall enter into a minimum one-year, market-rate Iowa Department of Economic Development's administrative rules for the Disaster Recovery lease for a business rental space that was physically damaged by the 2008 natural business Rental Assistance Program (261 IAC- disaster(s), remain open for the duration of the Chapter 79). six-month period for which rental assistance is g. Use of Award Funds. Business shall use awarded, and complete the Project as described Award funds extended under this Contract solely in this Contract. Business shall promptly provide for the purposes set forth in this Contract. City with written notice of any major changes that would impact the success of the Project. h. Notice of Proceedings. Business shall b. Repayment Obligations. Upon the promptly notify the City of the initiation of any oc pa omen unremedied Event thof Default claims, lawsuits, or other proceedings brought st as described in Section 11 Business agrees to theag o Business which would adversely impact immediately repay such amounts determined by Project. City as due and payable. i. Accounting Records. Business shall c. Required Reports. For the duration of this maintain its books, records and all other Contract the Business shall provide the City with acco dance pertaining ao althly acceptedContrac in required reports to assist in evaluation of the accordance with generally accounting Contract##BRAP110 3 principles and such other procedures specified inability to pay, its debts generally as they by City. These records shall be available to become due, (3) make an assignment for the City, its internal or external auditors, the Auditor benefit of creditors, (4) apply for, seek, consent of the State of Iowa, the Attorney General of the to, or acquiesce in, the appointment of a State of Iowa, the Iowa Department of Economic receiver, custodian, trustee, examiner, liquidator Development and the Iowa Division of Criminal or similar official for it or any substantial part of Investigations at all times during the Contract its property, (5) institute any proceeding seeking duration and any extensions thereof, and for to have entered against it an order for relief three (3) full years from the date this Contract is under the United States Bankruptcy Code as closed out by City. amended, to adjudicate it insolvent, or seeking j. Indemnification. Business shall indemnify, dissolution, winding up, liquidation, defend and hold harmless the City, its reorganization, arrangement, adjustment or departments, divisions, agencies, sections, composition of it or its debts under any law commissions, officers, employees and agents relating to bankruptcy, insolvency or from and against all losses, liabilities, penalties, reorganization or relief of debtors or fail to file an fines, damages and claims (including taxes), answer or other pleading denying the material and all related costs and expenses (including allegations of any such proceeding filed against reasonable attorneys fees and disbursements it, or(6)fail to contest in good faith any and costs of investigation, litigation, settlement, appointments or proceeding described below; judgments, interest and penalties), arising from or or in connection with any of the following: (i)Any e. Appointment of Officials. A custodian, claim, demand, action, citation or legal receiver, trustee, examiner, liquidator or similar proceeding arising out of or resulting from the official shall be appointed for either the Business Project; (if) Any claim, demand, action, citation or any substantial part of any of its respective or legal proceeding arising out of or resulting property, or a proceeding described above shall from a breach by Business of any representation be instituted against the Business and such or warranty made by the Business in this appointment continues undischarged or such Contract; (iii) any claim, demand, action, citation proceeding continues undismissed or unstayed or legal proceeding which results from an act or for a period of sixty (60) days; or omission of Business or any of their agents in its 12. REMEDIES UPON DEFAULT. If, after or their capacity as an employer of a person. notice of default and opportunity to cure as 11. EVENTS OF DEFAULT.Any one or more of provided in Section 13, there is an unremedied the following shall constitute an "Event of Event of Default, the City may: Default"hereunder: a. Terminate this Contract and all of the a. Noncompliance with Contract. Default in obligations of City under this Contract on the the observance or performance of any other date stated in such notice, and provision of this Contract; or b. Suspend pending disbursements and b. Material Misrepresentation. Any terminate further disbursements of Award funds, representation or warranty made by the and Business in this Contract or in any statement or c. Declare the total amount of Award funds certificate furnished by it pursuant to this disbursed to be forthwith due and payable, Contract, or in connection with any of the above, including any and all fees, charges and other proves untrue in any material respect as of the amounts payable under this Contract. The total date of the issuance or making thereof; or amount due shall be and become immediately c. Adverse Change in Financial Condition. Any due and payable without further demand, change shall occur in the financial condition of presentment, protest or notice of any kind. the Business which would have a material 13. NOTICE AND OPPORTUNITY TO CURE. If adverse effect on the ability of the Business to City has reasonable cause to believe that an perform under this Contract; or Event of Default has occurred under this dContract, the Cityshall issue a written Notice of Either Be the Business o Similar Proceedings related. Default to the Business, setting forth the nature the shall (1) have entered involuntarily against it an order for relief under of the alleged default in reasonable specificity, the United States Bankruptcy Code, as and providing therein a reasonable period time, amended, (2) not pay, or admit in writing its which shall not be fewer than twenty (20) days Contract#BRAP110 4 from the date of the Notice of Default, in which specified. the Business shall have an opportunity to cure, provided that cure is possible and feasible. Contrac20. HEADINGS. Section headings used in this 14. EXPENSES. Business agrees to payto the and are are for convenience this Contracto of reference foren any other and are not a part of this for other City all expenses reasonably incurred or paid by purpose. City including reasonable attorneys' fees and 21. FINAL AUTHORITY. The City shall have court costs, in connection with any Default or Event of Default by the Business or in the authority to reasonably assess whether connection with the enforcement of any of the Businesshas complied with the terms of this terms of this Contract. Contraa ct. 15. TIMELY PERFORMANCE.The Parties 22. WAIVERS. No waiver by the City of any agree that the dates and time periods specified defaultyt hereunder e defaultau shall operate as a waivernof n in this Contract are of the essence to the any other or of the same default on any satisfactory performance of this Contract. fu e occasion. No delay the part the City in exercising any right or remedy hereunder 16. CHOICE OF LAW AND FORUM. shall operate as a waiver thereof. No single or In the event any proceeding of a quasi-judicial or partial exercise of any right or remedy by City judicial nature is commenced in connection with shall preclude future exercise thereof or the this Contract, the proceeding shall be brought in exercise of any other right or remedy. Des Moines, Iowa, in Polk County District Court 23. COUNTERPARTS. This Contract may be for the State of Iowa, if such court has executed in any number of counterparts, each of jurisdiction. If however, such court lacks which shall be deemed to be an original, but all jurisdiction and jurisdiction lies only in a United of which together shall constitute but one and States District Court, the matter shall be the same instrument. commenced in the United States District Court 24. SURVIVAL OF REPRESENTATIONS. All for the Southern District of Iowa, Central representations and warranties made herein or Division. This provision shall not be construed in any other Contract document or in certificates as waiving any immunity to suit or liability, in given pursuant hereto or thereto shall survive state or federal court, which may be available to the execution and delivery of this Contract and the City, or its officers, employees or agents. the other Contract documents and shall continue 17. GOVERNING LAW. This Contract and the in full force and effect with respect to the date as rights and duties of the Parties hereto shall be of which they were made until all of Business's governed by, and construed in accordance with obligations or liabilities under this Contract have the internal laws of the State of Iowa without been satisfied. regard to principles of conflicts of laws. 25. SEVERABILITY OF PROVISIONS. Any 18. CONTRACT AMENDMENTS. The Contract provision of this Contract which is unenforceable may only be amended if done so in writing and in any jurisdiction, shall, as to such jurisdiction, signed by the Business and the City. be ineffective to the extent of such 19. NOTICES. All notices hereunder shall be in unenforceability without invalidating the writing and shall be given to the relevant party at remaining provisions hereof or affecting the its address, or e-mail address as set forth on the validity or enforceability of such provision in any first page of this Contract. Each such notice, other jurisdiction. All rights, remedies and request or other communication shall be powers provided in this Contract or any other effective (i) if given by facsimile, when such Contract document may be exercised only to the facsimile is transmitted to the facsimile number extent that the exercise thereof does not violate specified and a confirmation of such facsimile any applicable mandatory provisions of law, and has been received by the sender, (ii) if given by all the provisions of this Contract and any other e-mail, when such e-mail is transmitted to the e- Contract document are intended to be subject to mail address specified and a confirmation of all applicable mandatory provisions of law which such e-mail has been received by the sender, may be controlling and to be limited to the extent (iii) if given by mail, five (5) days after such necessary so that they will not render this communication is deposited in the mail, certified Contract or any other Contract document invalid or registered with return receipt requested, or unenforceable. addressed as aforesaid or(iv).if given by any other means, when delivered at the addresses 26. NONASSIGNMENT.This Contract may not Contract#BRAP110 5 be assigned by Business without prior written b. Exhibit A—Disaster Recovery Business consent of the City. Rental Assistance Program General 27.TERMINATION. This Contract may be Provisions (July, 2009). terminated in the following circumstances: c. Exhibit B- Business's Promissory Note. a. As a result of the Business's default under d. Exhibit C-Business's Application for this Contract; Disaster Recovery Business Rental b. As a result of the termination or reduction of Assistance Program Financial Assistance. funding to the City; 29. INTEGRATION.This Contract contains the c. Upon written mutual agreement of the City entire understanding between the Business and and Business. the City relating to this Disaster Recovery 28. ORDER OF PRIORITY. In the case of any Business Rental Assistance Program Award and any representations that may have been made inconsistency or conflict between provisions of before or after the signing of this Contract which this Contract and its Exhibits, the following order are not contained herein, are nonbinding, void of priority shall control: and of no effect. Neither of the Parties has relied a. The terms and conditions of the Award as on any such prior representation in entering into outlined on Page 1 of this Contract. this Contract. Contract##BRAP 110 6 EXHIBIT B — BUSINESS'S PROMISSORY NOTE PROMISSORY NOTE —FORGIVABLE LOAN FOR VALUE RECEIVED, the undersigned promises, in the event this Forgivable Loan is not forgiven, to pay to the order of the CITY OF WATERLOO, at its office at 715 Mulberry Street, the sum of NINETEEN THOUSAND FOUR HUNDRED NINETY SEVEN DOLLARS AND THIRTY CENTS ($19,497.30) with interest at a rate of 0 % plus, in the event of a default, any costs and expenses that may be assessed as allowed under Contract# BRAP110 (the "Contract") and as stated below. The terms and conditions by which forgiveness of this Loan may occur are as specified in the Contract. Upon default, the whole amount then disbursed to Business shall become immediately due and payable at the option of the holder. The undersigned, in case of suit on this note, agrees to pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. Makers, endorsers and sureties waive demand of payment, notice of non- payment, protest and notice. Sureties, endorsers and guarantors agree to all of the provisions of this note, and consent that the time or times of payment of all or any part hereof may be extended after maturity, from time to7/zyie time, without notice. CUa Celar, LL By: t nature Print Name, Title Address: 320 E 4th St Waterloo, IA 50703 Date Contract#BRAP110 7 RESOLUTION NO. 2011-105 RESOLUTION APPROVING CONTRACT AND PROMISSORY NOTE FOR THE DISASTER RECOVERY BUSINESS RENTAL ASSISTANCE PROGRAM WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND DIRECTING EXECUTION OF SAID DOCUMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contract and Promissory Note dated February 14, 2011, for the Disaster Recovery Business Rental Assistance Program with the following business: CU and The Cellar, LLC, 320 East 4th Street $19, 497 . 30 by and between the Iowa Department of Economic Development (CDBG Contract #08-DRB-205) and the City of Waterloo, Iowa, be and the same are hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of February, 2011 . aLg Ern st G. Clark, Mayor ATTEST: Suzy Schlres, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: December 6 2010 Prepared: December 1 2010 Dept. Head Signature: Eric Thorson Cif En ineer #of Attachment: SUBJECT: F.Y. 2011 Lou Henry Hoover Sculpture Garden City Contract No. 803 STP-E-8155(723)-8V-07 Request For MPO Enhancement Funds And Resolution Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: Approve request document for MPO enhancement funds and resolution endorsing and sponsoring above- referenced project and authorize Mayor to sign said document. Summary Statement: This document binds the City to commitment of the. physical P y and financial resources adequatefor de and maintenance of the proposed improvements under the FY 2011 Lou Henry Hoover Sculpture Garden which includes the construction of an interpretive sculpture garden commemorating the life of Lou Henry Hoover on a site near her birthplace. This document is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required $198,521 Source of Funds MPO Enhancement$142,824, Black Hawk County Gaming-$10,000 and Community Foundation-$20,697, City of Waterloo Discretionary Fund.$10,000, Waterloo Center For the Arts-$15,000 Policy Issue N/A Alternative N/A Background Information: This project is the second phase of the garden conceived by the Church Row Neighborhood Association. The first phase, financed by the association, commissioned John Jago, an artist with Waterloo roots, to produce the initial sculpture piece now located near the intersection of West Fourth Street and Washington Street. The project intends to add up to four(4) more interpretive pieces all connected by walkways,a decorative security fence and landscape improvements. A sculpture artist for the second phase has been selected from a list of 21 proposals received from around the nation and negotiations are pending. RESOLUTION NO. RESOLUTION ENDORSING THE USE OF METROPOLITAN ENHANCEMENT FUNDS FOR DEVELOPMENT OF THE LOU HENRY HOOVER MEMORIAL GARDEN ADJACENT TO U.S. HIGHWAY 218 IN WATERLOO WHEREAS, the Black Hawk Metropolitan Area has been developing a network of connected recreational and cultural venues; and WHEREAS, development of the Lou Henry Hoover Memorial Garden adjacent to U.S. Highway 218 between W. 46 Street and Park Avenue is an important component of this plan; and WHEREAS, funding assistance is available through the Black Hawk Metropolitan Area Transportation Policy Board's Metropolitan Enhancement Program and the City of Waterloo is in need of such assistance in order to fully develop this project; and WHEREAS,the City of Waterloo certifies that the Lou Henry Hoover Memorial Garden is within its jurisdiction and will remain dedicated to public use and further that the City of Waterloo will have jurisdictional responsibility and will adequately maintain the Lou Henry Hoover Memorial Garden for a minimum of 20 years. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF WATERLOO, IOWA, that the city endorses said project, and tha t with the assistance of Metropolitan Enhancement funds, the develop ment of the Lou Henry Hoover Memorial o al Garden will be completed, dedicated to public use and adequately maintained. Adopted this day of , 2011 Ernest G. Clark,Mayor ATTEST Suzy Schares,City Clerk RESOLUTION NO. 2011-106 RESOLUTION ENDORSING THE USE OF METROPOLITAN ENHANCEMENT FUNDS FOR DEVELOPMENT OF THE LOU HENRY HOOVER MEMORIAL GARDEN ADJACENT TO U. S. HIGHWAY 218 IN WATERLOO. WHEREAS, the Black Hawk Metropolitan Area has been developing a network of connected recreational and cultural venues; and WHEREAS, development of the Lou Henry Hoover Memorial Garden adjacent to U. S. Highway 218 between W. 4th Street and Park Avenue is an important component of this plan; and WHEREAS, funding assistance is available through the Black Hawk Metropolitan Area Transportation Policy Board' s Metropolitan Enhancement Program and the City of Waterloo is in need of such assistance in order to fully develop this project; and WHEREAS, the City of Waterloo certifies that the Lou Henry Hoover Memorial Garden is within its jurisdiction and will remain dedicated to public use and further that the City of Waterloo will have jurisdictional responsibility and will adequately maintain the Lou Henry Hoover Memorial Garden for a minimum of 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the city endorses said project, and that with the assistance of Metropolitan Enhancement funds, the development of the Lou Henry Hoover Memorial Garden will be completed, dedicated to public use and adequately maintained. PASSED AND ADOPTED this 14th day of February, 2011 . Zed 7" dad Ernest G. Clark, Mayor ATTEST: uzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 9, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT:J UPDATING OF STAND ARD SPECIFICATIONS FOR MU NICIPAL PUBLIC WORKS CONSTRUCTION SANITARY SEWER TESTING AND PIPE MATERIALS Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: Approve the Supplemental Specification for Sanitary Sewers and Construction Materials (SS-201102-1). Summary Statement Updating specifications for Standard Specifications for Municipal Public Works Construction to comply with current materials used and testing required for PVC sanitary sewer pipe. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: The present version of the Standard Specifications for Municipal Public Works Construction includes ABS Truss pipe, which is no longer used in this area of the country. The supplemental specifications will allow use of 1) PVC Truss pipe, which is the standard pipe used for 8" - 15" diameter sanitary sewers, and 2) PVC pipe for 18" - 30"diameter sanitary sewers. SS-201102-1 (NEW) CITY OF WATERLOO, IOWA SUPPLEMENTAL SPECIFICATION FOR SANITARY SEWERS AND CONSTRUCTION MATERIALS Effective Date February 14, 2011 THE STANDARD SPECIFICATIONS FOR MUNICIPAL PUBLIC WORKS CONSTRUCTION ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SUPPLEMENTAL SPECIFICATIONS AND THEY SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS. 1. SPECIFICATIONS FOR SANITARY SEWERS SECTION V. TESTING A. Deflection Testing The first paragraph shall be revised to read as follow: Deflection tests shall be performed on all composite and flexible pipe. The deflection test shall be conducted after the final backfill has been in place at least thirty(30) days. 2. SPECIFICATIONS FOR CONSTRUCTION MATERIALS SECTION XXVII. SEWER AND MANHOLE MATERIALS A. Pipe for Sanitary Sewers Delete the following: 2. Flexible Pipes Material Specification Joint Specification Polyvinyl ASTM D3034-77 ASTM D3212-76 Chloride ASTM C3033-77 ASTM D2855-77 (PVC) (SDR< 35) ti Add the following: 2. Flexible Pipes 18"—30"Diameter Material Specifications Polyvinyl Chloride (PVC) ASTM F949 or ASTM F679 Joint Specifications Bedding and Installation ASTM D3212 ASTM D2321 and ASTM F477 PVC material shall be cell class 12454B PCV compounds by ASTM D1784 Deflection Test Specifications Mandrel (go/no go) Device 3. COMPOSITE PIPES Delete the following: Composite Pipes Material Specification Joint Specification Acrylonitrile ASTM D2680-76 ASTM D2680-76 Butadiene Styrene (ABS) Composite Add the following: Composite Material Joint Bedding and Pipes Specs. Specs. Installation Polyvinyl ASTM ASTM D3212 Class II Chloride D2680 ASTM D2321 except as modified by ASTM 2680 PVC material shall be cell class 12454B PVC compounds by ASTM D1784. RESOLUTION NO. 2011-107 RESOLUTION ENDORSING THE USE OF METROPOLITAN ENHANCEMENT FUNDS FOR DEVELOPMENT OF THE LOU HENRY HOOVER MEMORIAL GARDEN ADJACENT TO U.S. HIGHWAY 218 IN WATERLOO, IOWA. WHEREAS, the Black Hawk Metropolitan Area has been developing a network of connected recreational and cultural venues; and WHEREAS, development of the Lou Henryh Hoover Memorial Garden adjacent to U. S. Highway 218 between W. 4t Street and Park Avenue is an important component of this plan; and WHEREAS, funding assistance is available through the Black Hawk Metropolitan Area Transportation Policy Board' s Metropolitan Enhancement Program and the City of Waterloo is in need of such assistance in order to fully develop this project; and WHEREAS, the City of Waterloo certifies that the Lou Henry Hoover Memorial Garden is within its jurisdiction and will remain dedicated to public use and further that the City of Waterloo will have jurisdictional responsibility and will adequately maintain the Lou Henry Hoover Memorial Garden for a minimum of 20 years . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the city endorses said project, and that with assistance of Metropolitan Enhancement funds, the development of the Lou Henry Hoover Memorial Garden will be completed, dedicated to public use and adequately maintained. PASSED AND ADOPTED this 14th day of February, 2011 . /2L1 Gtifs' Ernest G. Clark, ayor ATTEST: Suzy Sc ares, CMC City Clerk RESOLUTION NO. 2011-108 RESOLUTION APPROVING SUPPLEMENTAL SPECIFICATION SS-201102-1 FOR SANITARY SEWERS AND CONSTRUCTION MATERIALS TO THE STANDARD SPECIFICATIONS FOR MUNICIPAL PUBLIC WORKS CONSTRUCTION ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SUPPLEMENTAL SPECIFICATIONS AND THEY SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS . 1 . SPECIFICATIONS FOR SANITARY SEWERS SECTION V. TESTING A. Deflection Testing The first paragraph shall be revised to read as follows: Deflection tests shall be performed on all composite and flexible pipe. The deflection test shall be conducted after the final backfill has been in place at least thirty (30) days . 2 . SPECIFICATIONS FOR CONSTRUCTION MATERIALS SECTION XXVII . SEWER AND MANHOLE MATERIALS A. Pipe for Sanitary Sewers Delete the following: 2 . Flexible Pipes Material Specification Polyvinyl ASTM D3034-77 Chloride ASTM C3033-77 (PVC) (SDR < 35) Joint Specification ASTM D3212-76 ASTM D2855-77 Add the following: 2 . Flexible Pipes 18" - 30" Diameter Polyvinyl Chloride (PVC) Material Specifications ASTM F949 or ASTM F679 Joint Specifications Bedding and Installation ASTM D3212 ASTM D2321 and ASTM F477 PVC material shall be cell class 12454B PCV compounds by ASTM D1784 Resolution No. 2011-108 Page 2 Deflection Test Specifications Mandrel (go/no go) Device 3 . COMPOSITE PIPES Delete the following: Composite Pipes Material Specification Acrylonitrile ASTM D2680-76 Butadiene Styrene (ABS) Composite Joint Specification ASTM D2680-76 Add the following: Composite Material Joint Bedding and Pipes Specs . Specs. Installation Polyvinyl ASTM ASTM D3212 Class II except Chloride D2680 ASTM D2321 as modified by ASTM 2680 PVC material shall be cell class 12454B PVC compounds by ASTM D1784 . PASSED AND ADOPTED this 14th day of February, 2011. zi",t,zert/gLi Ernest G. Clark, Mayor ATTEST: GSA Suzy Schttares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 2 SUBJECT: REQUEST FOR VARIANCE LOW-PROFILE CURB KLINGAMAN PARK FOURTH ADDITION Submitted by: Dennis Gentz, P.E.,Assistant City Engineer Recommended City Council Action: Consider request for variance to standard curb. Based on all of the information discovered during a review of this proposal, the Engineering Department recommends denial of the request to change the City specifications to allow low-profile curb. Summary Statement The Engineering Department has received a request from Wayne Claassen Engineering& Surveying, Inc. on behalf of Young Development for the use of low-profile curb on Yellowstone Drive in Klingaman Park Fourth Addition. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: Work session was held on February 7, 2011. On May 27, 2003, the City Council approved the use of low profile curb on a trial basis on Winghaven Drive in Klingaman Park Third Addition. ;4, WATERLOO ENGINEERING DER1l"T Mulberry Street • Waterloo,IA 50703 (319)291-4.312 =,,,,319 291.4262 iRICT'HORSON,PE. e City Engineer email:city orgin=(,atuerlooia.or January 31,2011 BUCK CLARK Honorable Mayor Clark and City Council City Hall COUNCIL MEMBERS RE: WORK SESSION ON LOW-PROFILE CURB PROPOSAL KLINGAMAN PARK FOURTH ADDITION LDA't0 (ONES Dear Mayor and Council: Ward I CAROLYN ROLYN The Engineering Department has received a request from Wayne Claassen Engineering& COLE Surveying,Inc,on behalf of Young Development for the use of low-profile curb on tsrra 2 Yellowstone Drive in Klingaman Park Fourth Addition. The City Engineering Department received the same request in 2003 for Klingaman Park Third Addition. At that time,we IARO].I) developed some thoughts on this proposal and also decided to poll other communities in Iowa to GETTY see if our thoughts were consistent with theirs. Ward 3 tN'Trrr l The following was the result of our review in 2003: B RT WW.d4 Seventeen of the largest cities in the state were contacted about this proposal. Fifteen cities don't allow drive over curbs,one city does,and one city has it in their specifications but almost RON no developers specify it because of complaints about the'`bump"that has to be driven over, W LdPPER Several cities have tried it,but no longer allow:it because property owners complain about Whaving to drive over it and then the property owners end up cutting the curb anyway to put in a BOB standard curb cut for their driveway. Many others reasons for not allowing drive over curb GREENWOOD were cited by the cities. These include: of-Large 1. Loss of access control STEVE fir I NUT 2. People parking along the street drive onto the lawns causing ruts and other damage .4t-Large 3. Loss of stormwater capacity along the gutter 4. Loss of stormwater capacity at inlets 5. Snow plowing problems 6. Street sweeping problems The loss of stormwater capacity along the gutter and at inlets will cause more inlets and storm sewer to be required,which will increase costs to developers. The snow plowing and street sweeping issues were also cited by Steve Decker, Waterloo Street Superintendent(see attached memo). CITY WEBSITE:www,cityofwaterlooiowa:com WE'RE WORKING FOR YOU Ar Equal.Op rtur€?tylAffinr tine Action Employe: The Engineering Department Staff also determined that there are other issues besides those cited by the cities that were surveyed. Some of these include: 1. No curb would be left after an overlay,which would cause water to run behind the back of the curb. 2. Inlet frames cannot be adjusted to match a 3 '/d'curb height. 3. Would encourage parking in front yards and on other non-paved area due to drive over curb. 4. Parking along curb would require vehicles to be further from back of curb providing less width for traffic. Street widths may need to be wider to provide for traffic lanes, increasing costs. 5. Would cause water in gutter to encroach further into traveled portion of roadway, in effect narrowing the street. Street widths may need to be wider to provide for traffic lanes, increasing costs. 6. Where warped cross sections may be needed,the gutter capacity would be filled sooner, requiring larger or more intakes, increasing costs. 7. The Statewide Urban Design and Specifications(SUDAS), used by most cities in Iowa, also does not include a drive over curb specification. Therefore, based on all of the information discovered during a review of this proposal,the Engineering Department would not recommend or approve a change to City specifications to allow drive over low-profile curb. However,on the positive side,the City did develop a specification to allow sawing of the curb for a curb cut to help reduce costs to homebuilders and others seeking a curb cut. The City would also consider developing a specification to allow grinding of the curb for a curb cut, if there was some interest in this. Currently,the department is not aware of any contractors in the area with that capability. Based on our review of the costs to saw off the curb or to remove and replace the curb section,we have been told by various contractors that current costs for a 32 foot curb cut(triple wide driveway,which is widest single-family curb cut allowed)are in the following ranges: saw off curb-$450.00 Remove and Replace Curb&Gutter-$512.00-$1,100.00. The perceived cost savings with the construction of low profile curb is such a minimal part of the total cost of a home construction project,I believe the City and public would be much better served by the standard curb and gutter section. Sincerely Eric Thorson, P.E. City Engineer Cc: Mayor Clark Steve Decker, Superintendent of Streets 1•. CITY OF WATERLOO , I OWA ly+ .••: 1D WATERLOO STREET OEpgRTMN gT S% 1601 Black Hawk St. • Waterloo. IA 50702 • (319)291-a267 Fax %WO I0 STEVE DECKER • Street Superintendent (319) 232 04 A Os MEMORANDUM RECEIVED MAR1 82003 ' CITY�tr GtREERS tawa DATE: 3/18/03 TO: Eric Thorson, City Engineer FROM: Steve Decker, Street Supt. RE: Low-Profile Curb I am writing you in regards to the low-profile curb that is proposed for use in the Klingaman Park Third Addition. The low-profile curb may eliminate the need for curb cuts, but it will impede maintenance to the streets, especially when it comes to sweeping and snow removal. It will be harder to sweep the curb line clean and plows can and will slip up over them during snow removal and will cause damage to property behind the curb line. I would recommend that the standard 6" curb type be used, as it makes our sweeping and snow removal programs more efficient and effective. Thank you for your time and consideration regarding this matter. If you have any questions, please contact me. SD/db [etlowcurb] WE'RE WORKING FOR YOU! % .0 An Equal OpponunitytAtfirmallve Action Employer ."( Construction Plans Klingaman Park Fourth In the City of Waterloo, Iowa Year 2011 Form 7..5- Grade 4 //1 d.5' Rl/4' S.54' I 7 4.25'/R14 /// Form 3.25' �aita I 20% SLpP� R3: 16"/---Grode R3' / Paving 9 __1 Thickness (Transition low curb to 6'curb gradually over 6' length) YELLOWSTONE DR. DETAIL • Low Profile Curb VI/ILLIAM DR. DETAIL P.C.C.Curb P.C.C.Curb (Nct to Scale) (Not to Scale) RESOLUTION NO. 2011-109 RESOLUTION DENYING VARIANCE REQUEST TO THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE TO ALLOW LOW-PROFILE CURB. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the variance request to the requirements of the Subdivision Ordinance to allow low-profile curb for the proposed Klingaman Park Fourth Addition Subdivision by Wayne Claassen Engineering & Surveying, Inc. , on behalf of Young Development, be and the same is hereby denied. PASSED AND ADOPTED this 14th day of February, 2011 . g--/ rnest G. Clark, Mayor ATTEST: Suzy Sch es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: February 8, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute a new Development Agreement for the Mauer Eye Center development at 2515 Cyclone Drive, a 25,000 square foot professional office building, with a new minimum value of $2.9 million. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving agreement Summary Statement: As you may recall, back in 2006, the City of Waterloo and Dr. Mauer entered into a development agreement for the construction of the new 25,000 sq. ft. Mauer Eye Center and Spa facility. The development was built as previously planned, but had a minimum value of$6.0 million assigned to the previous agreement. In continuing to work with Dr. Mauer on this project, it has become apparent that this number was the value of the entire development cost, i.e. grading work, building construction, fixtures, furniture, finishings, etc. of the project. Normally all of these types of costs are not taken into account for the taxable value of a building when completed. It has become apparent the more accurate taxable value of the project is $2.9 million. You may recall this project was unique to begin with, as the land was donated by a private developer for the project. Since it was a large project, the City of Waterloo gave 10 years at 50% rebates. With the required taxable value of the overall building being reduced from $6.0 million to $2.9 million, it is proposed to also reduce the years of tax rebates from 10 years to 5 years. The 5 year schedule is the standard amount for projects, with additional years being for larger projects or to meet land donation standards. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo had previously enlarged the TIF District in this area to try and attract more development to the area. The City has worked with several new businesses to build in this area: Mauer Eye Center, Denso International, Fahr Beverage expansion, Riley's Floors and More, Wilbert Burial Vault, Country Estates Fencing, Rainsoft, Social Security Administration, and Turnkey. This area has and will continue to remain a priority area for new development opportunities. With the overall goal of trying to accomplish the goal of trying to bring new development, staff would support the new development agreement. -=` ir . CITY OF WATERLOO, IOWA CITY ATTORNEYr8 OFFICE jy.r �m 715 Mulberry St. • Waterloo, !A 50703 • (319) 291-4327 Fax(319) 291-4571 .71b13O0 \O • JAMES E.WALSH,JR.,City Attorney • DAVID B.ZELLHObrER,Assistant City Attorney Mayor BUCK CLARK February 9, 2011 • COUNCIL MEMBERS DAVID JONES Dr. Richard Mauer Ward 2515 Cyclone Drive CAROLYN Waterloo, IA 50701 COLE Ward 1 Dear Dr. Mauer: HAROLD GETTY Per your discussion with Mayor and me on Tuesday, we have revised the Ward 3 pertinent documents and enclose same. HRTTIN M. Please sign the First Amendment to Development Agreement and Minimum Ward 4 Assessment Agreement where indicated and have your signature notarized. When ready,please return to Suzy Schares, City Clerk, at City Hall. It is on the Agenda RON for Monday night. WELPER Ward 5 Very truly yours, BOB GREENWOOD At-Large STEVE James E. Walsh, Jr. SCHMITT City Attorney At-Large JEW:lc Enclosures C: file • CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Oppartuntty/Affismativa Aafon Employer FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement (the "Amendment") is entered into as of , 2011, by and between the City of Waterloo, Iowa ("City") and Mauer Eye Center ("Company"). RECITALS A. Company is a party with City to that certain Development Agreement and Minimum Assessment Agreement dated October 2006 (the "Agreement") concerning the development of land as described in the Agreement. B. Company had a Minimum Assessment Agreement of$6.0 million for the project and 10 years at 50% tax rebates. C. Company and City agree that the previous value used for taxable value amount may have included items and costs not normally associated with a taxable value amount at finish of project. D. All other terms of the Development Agreement would remain the same. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. The Minimum Assessment Agreement shall be amended to reflect a new minimum amount of$2,989,180.00 and the Development Agreement shall be amended to reduce the number of years for tax rebates from 10 years to 5 years. IN WITNESS WHEREOF, the parties have executed this First Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Mauer Eye Center CITY OF WATERLOO, IOWA By: By: Richard C. Mauer Ernest G. Clark, Mayor By: Suzy Schares, City Clerk EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement(the "Agreement") is entered into as of this day of February, 2011,by and among the CITY OF WATERLOO, IOWA, ("City"), Richard C. Mauer("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement(the "Development Agreement")regarding certain real property, described in Exhibit"A"hereto, located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Company will undertake the development of an area("Project")within the Cityand within the "Martin Ro ad Development Area"; and WHEREAS,pursuant to Iowa Code §403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s)pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS,the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Construction of the Improvements by Company is substantially completed. The minimum actual taxable value that is fixed for assessment purposes for the land and Improvements constructed thereon by the Company as a part of the Project shall not be less than $2,989,180.00 ("Minimum Actual Value")until termination of this Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Agreement shall terminate, on December 31, 2016. Nothing herein shall be deemed to waive the Company's rights under Iowa Code §403.6, as amended,to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 2016. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA • By: Ernest G. Clark,Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this day of , 2011, before me,the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares,to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk,respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, and that Ernest G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa MAUER EYE CENTER By: Richard C. Mauer STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on this day of February, 2011, by Richard C. Mauer. Notary Public in and for the State of Iowa • CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Million Nine Hundred Eighty-nine Thousand One Hundred Eighty and no/100 Dollars ($2,989,180.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Subscribed and sworn to before me on this day of February, 2011, by ,Assessor for Black Hawk County, Iowa. Notary Public in and for the State of Iowa CITY OF WATERLOO IOWA 0T---1 Gfertp 715 Mu[berr St. CITY. ATTQl4NEYrS OFFICE \p YWaterloo, IA 50703 • (318) 291-4327 Fax(319)291.4571 JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOIib'IsR,Assistant City Attorney Mayor BUCK CLARK February 9, 2011 . COUNCIL MEMBERS DAVID ZONES Dr. Richard Mauer Ward 7 2515 Cyclone Drive CAROLYN Waterloo, IA 50701 COLE Ward 2 Dear Dr. Mauer: HAROLD GETTY Per your discussion with Mayor and me on Tuesday, we have revised the Ward 3 pertinent documents and enclose same. QUENTIN M. . HART Please sign the First Amendment to Development Agreement and Minimum Ward4 Assessment Agreement where indicated and have your signature notarized. When Rory ready, please return to Suzy Schares, City Clerk, at City Hall. It is on the Agenda WEEPER for Monday night. Ward 5 Very truly yours, BOB GREENWOOD / At-Large G STEVE James E. Walsh, Jr. SCHMITI City Attorney At-Large JEW:lc Enclosures C: file CITY WEBSITE:www.cityofwatertooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/A6gmajye Action Employer RESOLUTION NO. 2011-110 RESOLUTION APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH RICHARD C. MAUER AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated October 16, 2006, by Resolution No. 2006-919, to develop a 25, 000 square foot building on a 5 . 8 acre site generally located along Ridgeway Avenue, just east of the Greenbelt, with a minimum taxable value of $6, 000, 000 . 00 and tax rebatements for ten (10) years at 50% (percent) , by and between Richard C. Mauer of Waterloo, Iowa, and the City of Waterloo, Iowa; and IS HEREBY AMENDED to state the Minimum Taxable Assessment Agreement shall be amended to reflect a new minimum amount of $2, 989, 180 . 00 and the Development Agreement shall be amended to reduce the number of years for tax rebates from 10 years to 5 years, and said amendment 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 14th day of February, 2011. Ids E nest G. Clark, Mayor ATTEST: Suzy Sch r , Cam) City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 14, 2011 Prepared: Daniel J. Tre1k Dept. Head Signature: # of Attachments: 3 SUBJECT: Seeking permission from Mayor Clark and Council Members to apply for grant monies through the U.S. Department of Labor, Employment and Training Administration. Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: In an effort to better serve the youth of Waterloo, I would like to obtain permission to apply for a grant that would fund a visionary program called S.E.E.D - Structured Education Experience Development. There would be no City dollar match for this grant if awarded. Summary Statement: Expenditure Required: Source of Funds Policy Issue Alternative Background Information: DEPARTMENT OF LABOR Employment and Training Administration Notice of Availability of Funds and Solicitation for Grant Applications for Civic Justice Corps Grants Serving Juvenile Offenders Announcement Type: Solicitation for Grant Applications (SGA) Funding Opportunity Number: SGA/DFA PY 10-04 Catalog of Federal Domestic Assistance (CFDA) Number: 17.261 KEY DATES: The closing date for receipt of applications under this announcement is March 15, 2011. Applications must be received no later than 4 p.m. Eastern Time. ADDRESSES: Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: Eric Luetkenhaus, Grant Officer, Reference SGA/DFA PY 10-04, 200 Constitution Avenue, NW, Room N4716, Washington, DC 20210. For complete application and submission information, including online application instructions, please refer to section IV. SUMMARY: The Employment and Training Administration (ETA), U.S. Department of Labor (DOL, or the Department), announces the availability of approximately $20 million in grant funds authorized by the Workforce Investment Act for Civic Justice Corps Grants to serve juvenile offenders ages 18 to 24 who have been involved with the juvenile justice system within 12 months before entry into the program. Civic Justice Corps projects focus on community service projects that provide young offenders the opportunity to repair the harm they may have caused to the corn munity in which they expect to return. Such community service projects can help rebuild severed relationships between the returning offender and members of the community. Through community service, returning offenders are offered the opportunity to reestablish community-based trust while enhancing their status in their communities. These grants will be awarded through a competitive process. The Department expects to award a minimum of 13 grants at various amounts. Applicants may submit only one proposal of up to $1.5 million to cover a 30-month period of performance that includes up to four months of planning and a minimum of 26 months of operation. The 26 months of operation includes time for follow-up services that may be on average between 3-4 months. Some participants may be receiving follow-up services while others are still receiving direct services. This solicitation provides background information and describes the application submission requirements, outlines the process that eligible entities must use to apply for funds covered by this solicitation, and outlines the evaluation criteria used as a basis for selecting the grantees. • • I. Funding Opportunity Description A. Overview of Funding Opportunity The Employment and Training Administration (ETA) announces the availability of approximately $20 million for Civic Justice Corps Grants to serve juvenile offenders ages 18 to 24 who have been involved with the juvenile justice system within 12 months of entry into the program. Each year, Juvenile Courts in the United States handle roughly 1.6 million delinquency cases and an estimated 144,000 youth are placed in juvenile correctional facilities. Youth in the juvenile justice system have a high probability of returning to crime. As an example, the State of Virginia reports that 75 percent of youth released from state correctional facilities and 61 percent of youth placed on probation in the state are arrested for a new crime within three years.' Civic Justice Corps projects provide young offenders the opportunity to give something back to their communities through community service to make up for past transgressions. Such projects hold promise for reducing the recidivism rate of juvenile offenders by improving their vocational and educational skills and long-term prospects in the labor market and by increasing their attachment to their community and their sense of community responsibility. The Civic Justice Corps model is based on the notion that, by their criminal acts, offenders have hurt their communities and have depleted any trust that the community has in them. Civic Justice projects offer offenders a chance to demonstrate accountability for their actions and make reparations to the community. This effort at fostering a renewed sense of belonging and investment in their communities is accomplished through 1) community service projects that aid in the rebuilding of severed relationships between young offenders and community members while reestablishing trust and a positive status for the offender within the community; and 2) work experience, other vocational training, and academic interventions that enable participants to improve their skills and enhance their future educational and career opportunities.2 Civic Justice Corps programs funded under this SGA must include each of the following components: 1) meaningful community service projects and service-learning opportunities; 2) educational interventions that lead to a credential and increase placement opportunities in post-secondary education and/or vocational training that lead to long-term employability of participants; 3) community connections that result in opportunities for young offenders to rebuild trust and for the corn munity to view them as assets rather than liabilities; 4) high staff to participant ratios, including close adult See the State of Virginia's Department of Juvenile Justice's Data Resource Guide for FY 2009. For links to juvenile justice systems in other states see the State Juvenile Justice Profiles web site at http://70.89.227.250:8080istateprofiles/,but data on recidivism is not typically available through these links. 2 For more information on the history and justification for involving offenders in civic justice projects, see Gordon Bazemore and David Carp,"A Civic Justice Corps:Community Service as a Means of Reintegration,"available at http://www.cjci.org/files/bazemore.pdf. 2 • supervision on community service projects; 5) a career development component that seeks to place each participant in a job in which skills will be learned, post-secondary education, a registered apprenticeship, and/or career technical training that leads to an industry-recognized credential; and 6) post-program support and follow-up. These six program components are discussed in more detail in the Required Program Components section, Section I.B, below. These Civic Justice Corps grants will be awarded through a competitive process. The Department expects to award a minimum of 13 grants at various amounts. Applicants may submit only one proposal of up to $1 .5 million to cover a 30-month period of performance that includes up to four months of planning and a minimum of 26 months of operation. The Department expects that participants will be enrolled in these programs full-time, as defined by a minimum of 32-hours per week, including time spent in both the community service and educational components. Civic Justice Corps programs may enroll participants for up to one-year terms, inclusive of the follow-up period, with the understanding that participants may leave the program before completion to take other jobs or for personal- or conduct-related reasons. The Department anticipates the approximate cost per participant to be in the range of$12,000 to $16,000 for average length-of-stays of six to eight months. The Department will set performance goals for these grants relating to the rate at which participants enter employment, post-secondary education, or training; are retained in employment and education placements; do not return to crime; and receive high school diplomas and industry-recognized credentials. Programs already serving eligible participants are expected to increase their overall enrollment with DOL funds, rather than serve existing participants through a co-enrollment process. DOL will provide guidance, post-award to assist grantees with working with youth that commit crimes while in the program and participants who continue to have substance abuse issues. DOL will also work with grantees after the grant award to conduct risk assessments of participants based on validated risk assessment tools. B. Required Program Components Each local project funded under these grants must include each of the components described below. 1. Meaningful community service projects and service-learning opportunities. Civic Justice Corps programs funded under these grants must conduct community service projects of value to the local community, state, or country. These projects should also help participants learn work skills, including soft skills required for effective and sustained employment. The Department also encourages having participants work in teams. Examples of possible community service projects include: conservation projects such as restoration of state or federal lands, Youth working with the Fish and Wildlife Service in federally-managed fish hatcheries, urban tree planting, and park trail maintenance; graffiti removal; staffing and support for community events like fairs or community days; improving sports fields; and other appropriate community service activities at health clinics, hospitals, or food banks. Grantees must also place a 3 high priority on public safety, as well as the safety of program participants at project worksites. Funding for these grants is appropriated under the Workforce Investment Act of 1998 (WIA). Under WIA Section 181(a)(4), health and safety standards established under Federal and State law otherwise applicable to working conditions of employees are equally applicable to working conditions of program participants engaged in training and other activities. 2. Educational interventions that lead to a credential and increase placement opportunities in post-secondary education and long-term employability of participants. Civic Justice Corps programs funded under these grants should provide a comprehensive set of interventions to address the varying academic levels of participants. The educational component should integrate education interventions with career and occupational development and include basic skills instruction and remedial education; language instruction for individuals with limited English proficiency; exploration for accommodations for participants with disabilities; tutoring; study skills training; and credit retrieval; These interventions should be designed to lead to the attainment of a secondary school diploma, GED, or other State-recognized equivalent (including recognized alternative standards for individuals with disabilities). Additional educational interventions could include counseling participants on acquiring financial aid to attend college, taking them on visits to local community and four-year colleges, and helping them fill out necessary application forms for college. 3. Connections between program participants and the community that result in opportunities for young offenders to rebuild community-based trust and relationships. Civic Justice Corps programs funded under these grants must emphasize rebuilding the community's trust in the young offenders served by the program and also instilling a sense of community responsibility of the youth offenders served. Programs should coordinate with their relevant community in developing and implementing community service projects that meet a real and specific need. Depending on the project, this could include working with civic organizations, state or national park rangers, local government leaders, employers, or clergy. The community should develop ways of giving recognition when the project is completed to the young offenders who worked on the project. The community also should help support further positive involvement by young offenders in the community. The community service projects conducted through these grants should incorporate service-learning opportunities, defined as projects integrating meaningful community service with instruction and reflection that enrich the learning experience, teach civic responsibility, and encourage lifelong civic engagement. 4. High Staff to Participant Ratio, including Close Adult Supervision on Community Projects. Civic Justice Corps programs funded under these grants must have a sufficient number of staff to run a high-quality program. In particular, grantees must have enough adult project site supervisors to ensure that work being conducted on community service projects is of high quality; that participants are being productive and demonstrating a positive attitude towards the community service project at hand; and that participants are gaining employment skills and learning positive behaviors such as leadership, teamwork, and respect for fellow participants. Programs will also need to ensure that case management is provided either directly with grant funds or 4 • • through referrals to partner agencies to address the barriers to employment of participants, including such things as a lack of transportation and childcare, substance abuse and mental health issues, and history of family instability. Programs will also need to develop strategies to prevent the increase of juvenile delinquency resulting from the opportunity of interaction among juvenile offenders in the program. 5. Career Development. Civic Justice Corps programs funded under these grants must have a strong career development component that seeks to place each participant in a job in which s kills are learned through post-secondary education, a registered apprenticeship program, or vocational training leading to an industry- recognized credential. This component must include partnerships with employers, the local workforce investment system's One-Stop Career Center(s), community colleges, and four-year colleges. This component should be integrated with educational interventions. Career development services also should be an extension of community service projects so that employment skills gained during community service projects are related to future work opportunities. Where possible, there should be an emphasis on career development for in-demand or emerging occupations such as healthcare. Community service projects may provide exposure to various industries and, in such cases, participants should be exposed to relevant industry data such as future job openings and educational requirements for different occupations within those industries. For example, community service projects in the area of conservation may be connected to learning about job opportunities in land management agencies such as the National Park Service, the Forest Service, and the Bureau of Indian Affairs. Other community service projects conducted in hospitals or clinics may be connected, for example, to job or post-secondary educational opportunities such as dental hygienists, diagnostic medical sonographers, opticians, and radiologic technologists and other technicians in the allied health field. 6. Post-Program Support and Follow-Up. Civic Justice Corps projects funded under these grants must have strong post-program support and follow-up components, including continued coordination and contact with em ployers, the local workforce development agency, local community colleges, and four-year colleges where participants have been placed to ensure that participants retain jobs and remain in schools and in other career development opportunities in which they are placed. Applicants will be asked to define the length of these post-placement services within the grant's period of performance to ensure that all participants receive the appropriate length of post-placement services. C. Partnerships with the Juvenile Justice System and Social Service Agencies In addition to the links to employers, the local workforce investment system's One-Stop Career Center(s), community colleges, and four-year colleges described in the Career Development and Post-Program Support and Follow-Up components, each Civic Justice Corps project funded under this SGA will be expected to develop partnerships with the following entities: • Juvenile correctional facility or facilities to receive referrals of eligible youth about to be released who plan to return to the community being served, to allow 5 • The focal juvenile justice system to receive referrals of eligible youth who are on probation, who received an alternative sentence or were diverted before adjudication as an alternative to juvenile prosecution, or who have been involved in the juvenile justice system within the past year, and to coordinate services to program participants with juvenile probation officers; • Drug and alcohol abuse treatment centers to provide referrals to program participants in need of such services; and • Social service agencies to provide referrals for supportive services that program participants may need, including transportation, health and mental health services, substance abuse and mental health services, parenting classes and services,assistance in using the Earned Income Tax Credit, assisting in accessing Food Stamps and other Federal services, and housing. f RESOLUTION NO. 2011-111 RESOLUTION APPROVING SUBMISSION OF A COMPETITIVE BID PROPOSAL TO THE U. S. DEPARTMENT OF LABOR, EMPLOYMENT & TRAINING FOR GRANT FUNDING OF A VISIONARY PROGRAM CALLED S.E.E. D. - STRUCTURED EDUCATION EXPERIENCE DEVELOPMENT AND AUTHORIZING THE MAYOR TO AFFIX HIS SIGNATURE TO SAID RESOLUTION. WHEREAS, the Employment & Training Administration (ETA) has announced the availability of approximately $20 million for Civic Justice Corps Grants to serve juvenile offenders ages 16 to 24, and WHEREAS, every year Juvenile Courts in the United States handle roughly 1 . 6 million delinquency cases and an estimated 144, 000 youth are placed in juvenile correctional facilities with a high probability of returning to crime, and WHEREAS, Civic Justice Corps projects provide young offenders the opportunity to give something back to their communities through community service to make up for past transgressions, and WHEREAS, such projects hold promise for reducing the recidivism rate of juvenile offenders by improving their vocational and educational skills and long-term prospects in the labor market and by increasing their attachment to their community and their sense of community responsibility, and WHEREAS, Civic Justice projects offer offenders a chance to demonstrate accountability for their actions and make reparations to the community. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY OF WATERLOO, IOWA, commends the Civic Justice Corps program for its demonstrated record of success in assisting juvenile offenders to rebuild severed relationships between themselves and community members while re-establishing trust and a positive status for the offender within the community. BE IT FURTHER RESOLVED that the City Council of the City of Waterloo, Iowa, encourages the United States Department of Labor in assisting the City of Waterloo to establish meaningful community service projects and service-learning opportunities, educational interventions that lead to a credential and increase placement opportunities in post-secondary education and long-term employability of participants, and opportunities for young offenders to rebuild community-based trust and relationships . BE IT FURTHER RESOLVED that a copy of this resolution be filed with the United States Department of Labor. Resolution No. 2011-111 Page 2 PASSED AND ADOPTED this 14th day of February, 011 . ter/f484 rnest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CITY OF WATERLOO Council Communication / 7PJJ]( ' �/-7I 'O41 City Council Meeting: February 7, 2011 Itifiget/Prepared: February 1, 2011 1�5 Dept. Head Signature: Eric Thorson, P.E. # of Attachments: 1 SUBJECT: Tide 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 14, 2011 Prepared: February 4, 2011 Dept. Head Signature: Bradley Hagen #of Attachments: 1 SUBJECT: Approve Change Order#2 for a net increase of$39,963.85 for work performed by K. Cunningham Construction of Cedar Falls, Iowa in conjunction with Rehabilitation of Runway 18/36 at Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action:Approve Change Order#2 for a net increase of$39,963.85 for work performed by K. Cunningham Construction of Cedar Falls, Iowa in conjunction with Rehabilitation of Runway 18/36 at Waterloo Regional Airport. Summary Statement: Expenditure Required: $39,963.85 Source of Funds: 100% from FAA Grants/PFC Policy Issue: Alternative: Background Information: We have substantially completed Runway 18/36 rehabilitation project and have agreed to final quantities and have adjusted bid quantities to actual quantities used in the project. FAA has reviewed and approved this Change Order. The original contract price was $4,885,341.60. Change Order#1 was $31,700. With Change Order#2 ($39,963.85)the total contract price is $4,957,005.45. The two Change Orders reflect an increase of 1.47% over the original contract price. • AZ-OM AECOM 515 244 1470 tel 500 SW 7th Street 515 2444803 fax Suite 301 Des Moines,Iowa 50309 www.aecom.corn February 4, 2011 Mr. Bradley Hagen, A.A.E. Airport Director Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Rehabilitation of Runway 18-36 Waterloo Regional Airport City of Waterloo, Iowa FAA AIP Project Nos. 3-19-0094-34 & 35 AECOM Project Nos. 113168& 113243 Dear Mr. Hagen: Transmitted herewith, for City Council consideration and signature, are four(4) copies of Change Order No. 2 for the above-mentioned project. This Change Order brings all existing pay item quantities to final field- measured amounts. This Change Order increases the total contract amount by $39,963.85. The AIP-funded portion of this Change Order (3-19-0094-034) is $19,013.80 and the ARRA-funded portion of this Change Order (3- 19-0094-035) is $20,950.05. We have reviewed this Change Order, find it to be fair and reasonable, and recommend approval. The items included in this Change Order have been reviewed for eligibility by Mr. Ed Hyatt at FAA. Please return two (2)fully-executed copies to our office for distribution to the FAA and the Contractor. If you have any questions or comments, please contact our office at your convenience. Yours sincerely, Steven J. n, P.E. Enclosures: As noted L:\work\project1113168-Waterloo Airport Rwy 18-36 CRS-AIP\Adminitransc\BH020411.Change Order No.2.1tr.doc , P, CITY OF WATERLOO , IOWA i�"l. elP.- CITY CLERK AND FINANCE DEPARTMENT TTim 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 d p SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer rerloo " Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: February 14, 2011 MEMBERS Prepared: February 8, 2011 Dept. Head Signature: _ 1 'et"' C0..u4,1 DAVID Number of Attachments: One JONES Ward 1 CAROLYN SUBJECT: Approval of change Order# 1A to Energy Efficiency & COLE Conservation Block Grant for the TechWorks Energy Ward2 Plan Feasibility Study HAROLD GETTY Submitted by: Michelle Weidner, Chief Financial Officer Ward 3 QUENTINM. Recommended City Council Action: Cary Darrah of TechWorks has HART requested that the City Council approve Change Order # 1A to the Energy Ward 4 Efficiency & Conservation Block Grant for the TechWorks Energy Plan Feasibility RON Study. The change order requests an extension of the project deadline to March WELPER 31, 2011 at the request of the Office of Energy Independence. Ward 5 Summary Statement: BOB GREENWOOD Expenditure Required: None At-Large 5VE • Source of Funds: N/A SCHMITT At-Large Policy Issue: None Alternative: Background Information: This is a pass-through grant to the Cedar Valley TechWorks. The City has no financial obligation for the grant. CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU? An Equal Opportunity/Affirmative Action Employer Cedar Valley TechWorks The future in progress February 8, 2011 Mayor Buck Clark City of Waterloo 108 West 5th Street Waterloo, IA 50701 Dear Mayor: Enclosed are (4) copies of the Energy Efficiency and Conservation Block Grant change order form that requires your signature to close out the grant. There are (2) signature lines identified on each of the copies. The change order is for an extension of time only with no other changes to the amount or terms. The original contract was approved by the city council in April, 2010 and TechWorks did perform their responsibility within the required timeframe. The extension is necessary for OEI to respond with their necessary review and due diligence before closing out the contract. We received this request on February 8 with a required deadline to have it returned to OEI within 10 days however I understand it will need to have council approval and may not be returned within their expected turn-around. I'll contact OEI with that information. I've enclosed a mailer to be used to return the documents to OEI—please contact me with any questions or concerns. Thank you for your attention to this matter. Sincerely, ci2jitt Cary Darrah, General Manager TechWorks, Inc. 10 West 4th Street, Suite 310, Waterloo, IA 50701 • Ph: 319-232-1156 • Fax: 319-232-1829 • www.cedarvalleytechworks.com TechWorks site: 360 Westfield Avenue, Waterloo, IA 50701 • Greater Cedar Valley Alliance • www.cedarvalleyalliance.com CITY OF WATERLOO � O 31.1 • Council Communication City Council Meeting: February 14, 2011 Prepared: February 7, 2011 Dept. Head Signature: # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for one (1) 2011 model year rear load garbage truck and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as March 7, 2011 Submitted by: Mark Rice, Central Garage Superintendent Recommended City Council Action: Approve Summary Statement: The Finance Committee at their February 14, 2011 meeting approved the request for authorization to seek bids. Expenditure Required: Est$140,000 Source of Funds: Sanitation Operational Budget(525.15.5400.2117) Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) 2011 rear-loading garbage truck. This request is in line with the overall equipment replacement plan and is budgeted. RESOLUTION NO. 2011-112 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2011 REAR LOAD GARBAGE TRUCK. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Central Garage of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of one (1) 2011 Rear Load Garbage Truck, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Central Garage did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of one (1) 2011 Rear Load Garbage Truck. 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 purchase of one (1) 2011 Rear Load Garbage Truck, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 14h day of February, 2011 . 7 ies� G. ! k Mayor ATTEST: r e f�7 Suzy Sch res, CMC City Clerk RESOLUTION NO. 2011-113 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2011 REAR LOAD GARBAGE TRUCK, IN THE CITY OF WATERLOO AS MARCH 7, 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 7th 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 purchase of one (1) 2011 Rear Load Garbage Truck, 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 14th day of February, 2011 . teLvi /07 i Ernest G. Clark, ayor ATTEST: Suzy Scha es, CMC City Cler CITY OF WATERLOO 4 (-7/90 tt Council Communication City Council Meeting: February 14, 2011 Prepared: February 7, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA CON I RACT NO. 808 Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set March 7, 2011, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA, Contract No. 808, as prepared by InVision Architecture. Expenditure Required TBD at bid opening Source of Funds Vision Iowa Funding Policy Issue n/a Alternative None Background Information: This is the last River Renaissance project to be bid. Cc: Louis Starks, Contracts &. Grants Coordinator NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA In the City of Waterloo, Iowa CONTRACT NO. 808 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 7th day of March, 2011, until 4:00 p.m. for the construction of the F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA, Contract No. 808, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 7th day of March, 2011, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 7th day of March, 2011, said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the INVISION Architecture are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK This project consists of the construction of a new outdoor pedestrian raised plaza with parking underneath to serve as an event platform and pedestrian connection to the amphitheater and event areas on the adjacent river front site. The work will include site demolition, excavation, storm sewer, lighting, paving landscaping, and irrigation. The plaza structure itself will consist of deep foundations with concrete columns and precast beams, walls, and stairs. The plaza deck is constructed from precast slabs with poured concrete toppings and a membrane roof, topped by a concrete paver system. NOTICE OF HEARING CONTRACT NO. 808 Page 1 of 5 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before November 1, 2011. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by INVISION Architecture, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and specifications are available at AEPlans (www.aeplans.com) All plan holders must register with AEPlans to receive bid documents online, and download the required free software to view and to print the bid documents. Additional sets can be obtained at INVISION Architecture, 531 Commercial Street, Waterloo, Iowa. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. NOTICE OF HEARING CONTRACT NO. 808 Page 2 of 5 By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM I SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. NOTICE OF HEARING CONTRACT NO. 808 Page 3 of 5 A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal Resident Bidder Preference requirement. NOTICE OF HEARING CONTRACT NO. 808 Page 4 of 5 Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Division VI of Chapter 384 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 2010. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk NOTICE OF HEARING CONTRACT NO. 808 Page 5 of 5 RESOLUTION NO. 2011-114 RESOLUTION PRELIMINARILY APPROVING THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F. Y. 2011 RIVER RENAISSANCE UPPER PLAZA, CONTRACT NO. 808 . 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 River Renaissance Upper Plaza, Contract No. 808, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc. , in 1 conjunction with the F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808 . 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 River Renaissance Upper Plaza, Contract No. 808, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 14th day of February, 2011 . 44-- aUf Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler #�" ;;� CITY OF WATERLOO , IOWA l!�1010"� CITY CLERK AND FINANCE DEPARTMENT (y� etr 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 cy SUZY SCHARES • Ciry WEIDNER, Clerk MICHELLE CPA • Chief Financial Officer t°rloo \p Mayor BUCK cLARKfl� ��� 3fiii( Council Communication COUNCIL City Council Meeting: February 14, 2011 MEMBERS Prepared: February 10, 2011 Dept. Head Signature: a Number of Attachments: 0I (�/ tllze�'� DAVID JONES SUBJECT: Set HearingDate for FYE2012 Budget Ward I g CAROLYN Submitted by: Michelle Weidner, CFO COLE Ward 2 Recommended City Council Action: Set the date of hearing for the FYE2012 HAROLD budget for Monday, March 7 at 5:30 p.m. GETTY Ward 3 Summary Statement: The budget is required to be adopted and certified auENTINM. by March 15, 2011. The budget estimate must be published in the paper 10-20. HART days prior to the budget hearing. Ward 4 Expenditure Required: None RON WELPER Source of Funds: None Ward 5 BOB Policy Issue: Establishing the tax levy rate and programs for GREENWOOD FYE2012. At-Large Alternative: If the budget isn't certified by March 15, 2011, the STEVE levy rate currently in effect continues to be used. There would likely be an audit SCHMITT finding regarding noncompliance with the budget deadlines also. At-Large Background Information: None • CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-116 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE CITY OF WATERLOO FYE2012 BUDGET AS MARCH 7, 2011, AT 5: 30 P.M. IN COUNCIL CHAMBERS OF CITY HALL AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa at 5: 30 p.m. , on the 7th day of March, 2011, for the purpose of considering and acting on the FYE2012 budget. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of February, 2011 . a 7 Of Ernest G. Clark, Mayor ATTEST: Suzy cha es, CMC City Clerk MEMORIAL HALL COMMISSION August 25, 2010 5:00 p.m. j 1st Floor Conference Room—City Hall Members present: Chairperson Craig White, Phil Thomas, Randall Miller, Richard Hastings, Marcia Courbat, Don Ticknor, Marilyn Robinson, Michael Dennis. Members absent: Anthony Tisdale, Jons Olsson. Also present: Suzy Schares, David Jones. Moved by Hastings, seconded by Miller that the Agenda, as proposed, be approved. Ayes: Eight. Moved by Miller, seconded by Courbat that the Minutes of June 23, 2010, as amended to change the oral comments to say five flagpole holders, rather than five flagpoles and to change paragraph two in the treasurer's report to say an invoice in the amount of$225.00, be approved. Ayes: Eight. Citizens Oral Comments David Jones, Ward 1 Council member, spoke to the commission regarding boards and commissions. Suggestions for updating the by-laws will be collected and presented next month. Treasurer's Report Marcia Courbat gave the August 24, 2010 Treasurer's Report. Ms. Courbat reported that the commission has sold 2708 bricks at $50.00 each and 4 bricks at $250.00 each for a total of $135,400.00, with a balance of$12,547.30 in the Brick Fund. There is a balance of$4,874.40 in the General Fund and $1,296.00 in the Special fund. Ms. Courbat presented an invoice in the amount of$300.00 from Blackhawk Memorial Co., Inc. for engraving of 12 bricks. Moved by Hastings, seconded by Thomas that the invoice be approved and City Clerk authorized to submit for payment. Ayes: Eight. Ms. Courbat explained that the special fund was created by donations. She has compared her books to the City's books and they match but there are no records prior to 2000. Suzy Schares, City Clerk suggested working on a budget for next year and reconciling the treasurer's report with the financial reports from the City. Mr. Courbat requested to buy bricks to replace the old ones. The corners need to be lifted. Chairperson's Report None Committee Reports Building, Grounds & Operations—Richard Hastings suggested taking all of the Freedom Shrines and mounting them. He also suggested using the case to build a bookshelf. The window molding needs to be duplicated. The gaps in trim from removing the drop ceiling need to be filled. Moved by Miller, seconded by Courbat to purchase trim for holes on the ceiling. Ayes: Eight. Ms. Courbat requested that the Gold Star Mother's picture be hung. Ms. Robinson stated that the Rolling Thunder has bought the stone from Hagerty Monument for the POW monument. Moved by Miller, seconded by Courbat to proceed with placing the monument. Ayes: Eight. It was suggested to hold a dedication ceremony on Veteran's Day if it is completed. 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