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HomeMy WebLinkAbout02/21/2011 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 21, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality fobs 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(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Brad Hagen, Airport Director. February 21, 2011 Page 2 Agenda, as proposed or amended. Minutes of February 14, 2011, Regular Session, as proposed. Presentation of check in the amount of$20,000.00 from MidAmerican Energy for the Trees Please! Program. Proclamation declaring Sunday, February 27, 2011 as Roosevelt Taylor Day. Presentation from the Salvation Army. Recognition of February Team Member of the Month - Mary Peterson. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Love Cedar Valley Organization to hold Annual Love Cedar Valley Kindness Explosion Day event to be held on Saturday, April 2, 2011 at Sullivan Park from 12:00 p.m. to 1:30 p.m. Submitted by Daniel J. Trelka, Chief of Police 3. Request of Cheryl Davidson and John Clark for a variance to the Noise Ordinance on Saturday, July 30, 2011 from 2:00 p.m. to 8:00 p.m. in conjunction with Clark/Davidson/Field Family Reunion event to be held at Byrnes Park including a DJ and the use of a PA system, together with recommendation of approval of Chief of Police. 4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with CVS Pharmacy 8544 of 2060 Crossroads Boulevard, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney February 21, 2011 Page 3 b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Mohammad 12th Annual ITS West Des March $360.00 Elahi, Traffic Heartland Meeting Moines, 28-30, Engineer Iowa 2011 2. Aric Schroeder, Attend Main Street Waterloo, $120.00 City Planner Board Lunches Iowa 3. Bob Osgood, Mechanical Code Cedar February $396.00 Chief Plumbing Update, Falls, Iowa 9 & 12, Inspector Mechanical 2011; Discipline, 4 hour March OSHA, Plumbing 22, 2011 Code Discipline 4. Brian Baker, Plumbing Code & Cedar March $119.00 Chief Discipline Falls, Iowa 22, 2011 Mechanical Inspector 5. Tim Moyer, Chief Mechanical Des Moines, February $160.00 Electrical Inspector Iowa 16, 2011 Inspector Certification Exam 6. Kent Shankle, Return exhibition Sarasota, March 7- $1,480.00 Curator or of works by Karl Florida 12, 2011 Elizabeth Zerbe to lender Andrews, Registrar as an alternate 7. Wayne Castle, Society of Land Ames, Iowa March $280.44 Associate Surveyors of Iowa 10-11, Engineer Annual 0211 Conference 8. Suzy Schares, IIMC Annual Nashville, May 6- $2,500.00 City Clerk Conference Tennessee 13, 2011 9. Wayne Castle, Iowa Water Ames, Iowa March 7- $220.44 Associate Conference 8, 2011 Engineer February 21, 2011 Page 4 Liquor License Permit Application Class C 10. El Senor Tequila Nightclub, 118-120 E. 11th Street (Renewal) (Expires 2/19/12) (Includes Sunday Sales) 11. Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 2/29/12) Native Wine License Permit Application Class B 12. Kwik Star#724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/11) (Includes Sunday Sales) 13. Bonds c. Motion to deny the following: Liquor License Permit Application Class C 1. Club Fever, 313 W. 5th Street (New) (Expires 2/1/12) (Includes Sunday Sales & Catering Privilege) PUBLIC HEARINGS 2. 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 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Motion to receive, file, consider and pass for the first time an Ordinance vacating 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Aric Schroeder, City Planner February 21, 2011 Page 5 3. MidAmerican Energy Company Electric S_ystem Franchise Agreement 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. Motion to receive,file, consider and pass for the first time 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 Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Mayor Buck Clark 4. MidAmerican Energy Company Natural Gas System Franchise Agreement 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. Motion to receive,file, consider and pass for the first time 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 Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Mayor Buck Clark 5. First violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age for XO Food & Liquor located at 428 Franklin Street HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments Resolution ordering civil penalty in the amount of$300.00 for said first violation. Submitted by David R. Ze//hoefar, Assistant City Attorney February 21, 2011 Page 6 RESOLUTIONS 6. Resolution approving Memorandum of Understanding with Quakerdale Child Welfare Emergency Services. Submitted by Daniel J. Trelka, Director of Safety Services 7. Resolution approving the acceptance of Vision Iowa/CAT Marketing grant from Iowa Department of Economic Development in the amount of $15,000.00, to be used for Phelps Youth Pavilion advertisement costs. Submitted by Cammie Scully, Director of Waterloo Center for the Arts 8. Resolution approving the acceptance of a Waterloo Convention/Visitors Bureau Hotel/Motel grant in the amount of$3,000.00, to be used for Master Artists of the Bahamas Symposium & Exhibition. Submitted by Cammie Scully, Director of Waterloo Center for the Arts 9. Resolution approving the acceptance of a Waterloo Convention/Visitors Bureau Hotel/Motel grant in the amount of$10,000.00, to be used for Phelps Youth Pavilion & Holiday Arts Festival marketing. Submitted by Cammie Scully, Director of Waterloo Center for the Arts 10. Resolution approving Convention & Visitors Bureau board recommendation for reinstating FY11 hotel/motel tax grant funding for Kiwanis CIub for securing Air Show in the amount of$10,000.00. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau 11. Resolution approving Professional Services Agreement with AECOM Technical Services, Inc. in the amount of$29,500.00 in conjunction with F.Y. 2011 Biennial Bridge Inspections; and authorize Mayor to execute said document. Submitted by W. Wayne Castle, PLS, El, Associate Engineer 12. Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2011 MidPort Boulevard Extension - Phase II, Contract No. 802; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer February 21, 2011 Page 7 13. Resolution approving request to submit Early Reinsurance Program Application to the U.S. Department of Health and Human Services. Submitted by Suzy Schares, City Clerk 14. Resolution approving the acquisition of Baltimore Field, Williston Field and the former Lincoln School site from the Waterloo Community Schools in the amount of$1.00 each, with closing costs estimated at $400.00. Submitted by Noel Anderson, Community Planning& Development Director 15. Resolution setting date of hearing as March 7, 2011 to approve the sale of a 657A property located at 261 Cottage Grove to Roger and Hope Knebei for $6,251.00; and instruct City CIerk to publish said notice. Submitted by Chris Western, City Planner II ORDINANCES 16. Post-Construction Storm Water Management Motion to receive,file, consider, pass for the third time and adopt 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 Submitted by Wayne Castle, PLS, El, Associate Engineer OTHER COUNCIL BUSINESS 17. F.Y. 2011 Asphalt Overlarj Program, Contract No. 796 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 ORAL PRESENTATIONS Motion to receive and file oral comments. February 21, 2011 Page 8 ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 21, 2011 4:15 p.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. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Civil Service Commission minutes of December 17, 2010 on file in the City Clerk's office. 2. Communication from Building Official/Maintenance Administrator, transmitting retirement of Douglas Erpelding, effective January 31, 2011, together with recommendation of approval of payout of$3,606.04 for unused vacation, sick, and comp time. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 River Renaissance Trail- 6th to 18th Street, Contract No. 761 Pay estimate No. 4 to AECOM in the total amount due of$3,359.77 2. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 3 to Peterson Contractors in the total amount due of$26,115.80 3. F.Y. 2012 East Donald Street Improvements, Contract No. 797 Pay estimate No. 1 to AECOM in the total amount due of$21,572.53 4. Storm Sewer Lift Station & Wetland Pay estimate No. 1 & 2 to Stanley Consultants Inc. in the total amount due of $22,200.00 Vat_tL_ 54-frtrl c'21c?-1 / 3-q ( ORDINANCE NO. 5028 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA AN ELECTRIC SYSTEM AND COMMUNICATIONS FACILITIES AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS. BE IT ENACTED by the City Council of the City of Waterloo, Iowa: Section 1 . There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company, " and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City, " a system for the transmission and distribution of electric energy and communications signals along, under, over and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell electric energy to the City and its inhabitants. For the term of this franchise the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a ten (10) year period from and after the effective date of this ordinance. Section 2 . The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2009 or as subsequently amended or changed. The Company agrees that it will exercise all rights and privileges granted hereunder in compliance with applicable federal, state and local laws, rules and regulations. Section 3. The Company shall, after advance notice to the City (except in the case where Company has determined an emergency exists, in which case Company shall provide such notice to City as soon as reasonably possible) , have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as excavate and bury conductors for the distribution of electric energy and communications signals in and through the City, but all said conduits and poles shall be placed as not to unreasonably interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of the City. The City, upon notice to the Company, shall have the right to use any of the Company' s poles, posts, towers or conduits for any City alarm, City control, or City communication purpose, but not for resale of communication service, to the extent that the use does not interfere with the Company' s use thereof. The City shall hold the Company harmless from any damages arising from City' s use of the Company' s structures. The charge, if any, to City for such use shall be in accordance with applicable law, rule or regulation. Section 4 . The Company is authorized and empowered to prune or remove at Company expense any tree extending into any street, alley or public grounds to maintain electric reliability, safety, • %,MIDA ERICAI r, MidAmerican Energy Company llrg vlY PO Box 3006 314625 ENERGY HOLDINGS COMPANY Sioux City, IA 51102 Phone (712)277-7496 wan JPM p mncy Beek Be N na Syncm,NV JC ews'4.7• 'e,1 - a. nsh v..... i!!q: Y a i� a3��x 4:.•- -i�-i.[a a i, =Na ,ra... RJy � 1 ,I EXACTLY SEVEN HUNDRED FIFTY AND 81/100******************************** $********750.81 Date 07/27/11 Pay to the Order Of Void 90 Days From Date Of Issue CITY OF WATERLOO CITY CLERKS OFFICE detw 4,14.4..L.,,, 715 MULBERRY WATERLOO IA 50703 yio. .n1 04.TWOM11:: .. :i 0003 L46 25Il' 1:0 2 L3093791: 630 L804 3 10 508II' Detach Before Depositing Check MidAmerican Energy Company Vendor No 69214 PO Box 3006 Sioux City, IA 51102 Check No 314625 Phone (712)277-7496 The Attached Check Is In Payment For Items Described Below Date Invoice Number Voucher/Description Gross Discounts Net 07/22/11 072211 1960029 750.81 0.0e 750.81 REIMB ' EMENT FOR FRANCHISE I at PUBLICATIIIN COST WITH T II COURIER Totals $750.81 $0.00 $750.81 City Clerk/Finance Office City of Waterloo 715 Mulberry St Waterloo, IA 50703 8/15/2011 Receipt Number: 201201424 9:37:22 Received By • : CTY09 Received Frog: MIDAMERICAN ENERGY CLERK RECORDIN5&PUBLICAT 010 03 8400 3492 750.81 MIDAMERICAN ENERGY Receipt Total . : Amount Tendered : 750.81 750.81 Change . , , , • .00 Payment Received: Check ; 750.81 Detach Before Depositing Check MidAmerican Energy Company Vendor No 69214 PO Box 3006 Sioux City, IA 51102 Check No 314625 Phone (712)277-7496 The Attached Check Is In Payment For Items Described Below Date Invoice Number Voucher/Description Gross Discounts Net 07/22/11 072211 1960029 750.81 0.0I 750.81 REIMB ' EMENT FOR FRANCHISE FN.P PUBLICATION COST WITH T II COURIER Totals $750.81 $0.00 S750.81 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1348107 STORM WATER - INSIDER FAILOR HURLEY notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 05/03/2011, in the issues of 05/03/2011 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 PUBLIC NOTICE OF STORM WATER bill for publishing said notice. DISCHARGE The City of Waterloo,Iowa,plans to sub- mit a Notice of Intent to the Iowa Depart- ment of Natural Resources to be covered Printer' s Bill $13 . 4 5 under the NPDES General Permit No.2 'Storm Water Discharge Associated With Industrial Activity for Construction Activitienss.t' t The storm water discharge will be frroqmp lostAQ4 Phase dI Grading andSction of ection Paving.dport Township g3--4T4LovLocated in SEdi ya Section 4, Township 89N, Range 13W;Black Hawk County, Iowa. Signed Storm water will be discharged from one point source(s)and will be discharged to the following streams:Roadway Ditches to an Unnamed Drainageway,Ultimately to the Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Subscribed and sworn to before me this Iowa Department of Natural Resourc- es, Environmental Protection Division, //''�� 502 East 9th Street,Des Moines,Iowa, day Of �Q i/ 50319-0034. The public may review the L Notice of Intent from 8:00 a.m.to 4:30 p.m., Monday through Friday, at the above address after it has been received a o n1+i m �� ¢¢ppaa��t�7/4 by the Department. p F LAN Z * COMMISSION NO.761976 ° C MA/116'310N EXPIRES Notary Pub is Received of the sum of Dollars in full for publication of the above invoice. Notary Seal : STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of ORDINANCE #5029 notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/11/2011, in the issues of 03/11/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said search sell & newspaper, and that the following is a correct bill for publishing said notice . Printer' s Bill $187 .48 PLACE AN AD 319-291-1411 Phor OPEN 8am-5pm I Mon.-Fri. 501 Comr SERVICE DE Signed g Special Color � �e� SL Directory Rates ts0,1 for y Subscribed and sworn to before me this Only $28/ r /f week day of , /(7./ , :Z t Call 291-1411 WC � for details '°. .. N 'AaN EXPIRES for private party general mercha 4-eA1/42 Notary Publi '4 wcfcourier to place your ad t Received of P DO the sum of Dollars Difficulty: 5 (of 5) in full for publication of the above invoice. 5 1 5 2 6 Notary Seal : 7 3 4 9 8 3 1 7 1 1 3 5 2 4 _ � Page 1 of 2 CAROL FAILOR From: WAYNE CASTLE Sent: Thursday, May 05, 2011 4:02 PM To: CAROL FAILOR 04.4) < 50 30 Subject: RE: Ordinance No. 5030-Storm Water Management Carol, Here is a rough outline of 5030. Please call with questions. Ordinance no. 5030, Post-Construction Storm Water Management Plan, was created to satisfy a requirement of the City of Waterloo's NPDES General Permit No.2 for Storm Water Discharge, as issued by the Iowa Department of Natural Resources, under direction from the United States Environmental Protection Agency. This ordinance codifies current City of Waterloo Engineering Department storm water management requirements for new construction and/or reconstruction of existing developed sites. These storm water requirements mainly affect commercial, industrial or large residential developments. Logging, some farming activities, individual single family home construction and development within the Central Business district are exempted to certain extents. Additionally, this ordinance allows the City of Waterloo to inspect all new and existing private storm water management systems within the City and provides a mechanism for the City to insure that maintenance and repair of those systems is conducted. W. Wayne Castle, PLS, El Associate Engineer City of Waterloo Engineering Dept. 715 Mulberry Street Waterloo, IA 50703 P: (319)291-4312 F: (319)291-4262 From: CAROL FAILOR Sent: Thursday, May 05, 2011 11:30 AM To: WAYNE CASTLE Subject: RE: Ordinance No. 5030 - Storm Water Management Wayne, It will appear in the legal section of the classified ads where we publish all the ordinances. Carol From: WAYNE CASTLE Sent: Wednesday, May 04, 2011 3:06 PM To: CAROL FAILOR Subject: RE: Ordinance No. 5030 - Storm Water Management Carol, 5/9/2011 The following is a summary of Ordinance No. 5030 . The ordinance may be reviewed in its entirety at the office of the City Clerk, located at 715 Mulberry Street, Waterloo, Iowa 50703, Monday- Friday between the hours of 8 a.m. and 5 p.m. ORDINANCE NO. 5030 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: Ordinance No. 5030, Post-Construction Storm Water Management Plan, was created to satisfy a requirement of the City of Waterloo ' s NPDES General Permit No. 2 for Storm Water Discharge, as issued by the Iowa Department of Natural Resources, under direction from the United States Environmental Protection Agency. This ordinance codifies current City of Waterloo Engineering Department storm water management requirements for new construction and/or reconstruction of existing developed sites. These storm water requirements mainly affect commercial, industrial or large residential developments . Logging, some farming activities, individual single-family home construction and development within the Central Business district are exempted to certain extents . Additionally, this ordinance allows the City of Waterloo to inspect all new and existing private storm water management systems within the City and provides a mechanism for the City to insure that maintenance and repair of those systems is conducted. INTRODUCED: February 07, 2011 PASSED 1ST CONSIDERATION: February 07, 2011 PASSED 2ND CONSIDERATION: February 14, 2011 PASSED 3RD CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this 21st day of February, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk STATE OF IOWA, } I do solemnly swear that the annexed copy of the legal publication for the Black Hawk County, SS City of Waterloo Storm Water Discharge-Midport Blvd. Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once a day for two consecutive weeks commencing on the 1st of March, 2011 in the issues of March 1, 2011 March 8, 2011 Of said newspaper, and that the annexed legal rate of PUBLIC NOTICE OF STORM WATER advertised is the regular rate of said newspaper, and DISCHARGE The City of Waterloo,Iowa,plans to sub- that the following is a correct bill for publishing said mit a Notice of Intent to the Iowa Depart- ment of Natural Resources to be covered notice, under the NPDES General Permit No.2 'Storm Water Discharge Associated With Industrial Activity for Construction Activities.' Printer's Bill $21.90 The storm watero discharge will be from these III a of t Boulevard Phase III Grading and Paving. Located in SE'A Section 4,Township 89N,Range 13W,Black Hawk County, Iowa.Storm water will be discharged from one Signed point source(s)and will be discharged to the following streams:Roadway Ditches to an Unnamed Drainageway,Ultimately to the Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Subscribed and sworn to before me this Iowa Department of Natural Resources, Environmental Protection Division,502 East 9th Street,Des Moines,Iowa, 50319-0034. The public may review the y ^ D �0 Notice of Intent from 8:00 a.m.to 4:30 Da ofC t1. - --- p.m.,Monday through Friday,at the ri 4.4 above address after it has been received i11! `1 by the Department. Notary Public Received of the sum of Dollars. In full for publication of the above notice. Amended Council Agenda Items Council Meeting Monday, February 21, 2011 rTrrn7 Move item #5 to consent agenda. A hearing is no longer needed because a signed Acknowledgment/Settlement Agreement has been received by the City Attorney's office. 1 a5. Acceptance of Acknowledgement/Settlement Agreement in the amount of$300.00 with XO Food & Liquor of 428 Franklin Street,for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zel/hoefer, Assistant City Attorney r lE t,O JR JER CL RK'S OFFICE lCITYADNUMBER PAGENO. 134rH28849491 1 of 1 715 MULBERRY BILL DATE SALESPERSON WATERLOO, IA 50703 _- 319-291-4323 03/04/11 milli START DATE STOP DATE 03/04/11 03/04/11 AD NUMBER I AD DESCRIPTION CLASS LINES 1342849 FEB 21 MTG &RESO. 2011-117 0950 LEGAL NOTICE 814 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $353.28 TOTAL AD CHARGE $353.28 PAY THIS AMOUNT $353.28 $353.28 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 COURIER COMMUNICATIONS Check# Credit Card Ad Number 1342849 c/o LEE NEWSPAPERS Li 112 ❑ „lagl ❑ 0 ❑ M, Billing Date 03/04/11 PO BOX 540 - -- WATERLOO IA 50704-0540 Acct#: Amount Due $ 353.28 Exp.Date:EJ l J Amount $ Name on credit card _- - Enclosed Signature Please make checks payable to: COURIER COMMUNICATIONS MI MU 000601 COURIER COMMUNICATIONS W'LOO CITY OF c/o LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO, IA 50703 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!ii11111r1rn11 21780300000013428490000000000000003532800000353282 STATE OF IOWA I do solemnly swear that the annexed copy of legal } City of Waterloo Feb. 21st meeting and Res. 2011-117 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 uany ( t uultGr„rtsta4r day of March, 2011 in the name of said newspaper, Classified works for you. and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is Visual Field Technician — a correct bill for publishing said notice. Wolfe Eye Clinic, progressive Ophthalmology based practice,has an immediate full time opening based in our Cedar Falls office for ,— a Visual Field Technician. Successful candidates must be patient Printer's Bill $353.28 service oriented,possess great communication skills,be a team player and have attention to detail while working in a fast pace J n (/ _ env onmenit { Responsibilities include history taking and visions along with performing basic patient and diagnostic testing such as visual fields, OCT's and IOL Master. Experience preferred,but willing to train Signed the right candidate. This is an entry level position. Occasional . daytime travel may be required. If you are interested in being part of a quality driven organization while receiving a competitive wage and benefits (health, Subscribed and sworn to before me this o dental,401k,paid-time-off,etc.)please send resume and salary requirements to: i Day of 1 A.D., 20 WOLFE jfee.:3 1 iJTh Attn:Recruitment Specialist CFO Visual Field Technician Notary. ubhC 309 East Church Street Marshalltown,IA 50158 FAX:641-754-6205 _ Received of pwantiez@wolfeclinic.com - www.wolfeeyeclinic.com EOE W0.030211043 PLOYMENT EMPLOYMENT the sum of Sales _ Dollars. EXCELLENT CAREER In full for publication of the above notice. OPPORTUNITY We are a well established import Superstore with an incredible pre-owned inventory to sell from. The car business is booming! We need your help in a fun and fast paced workplace! Make Big;00 Now! * 4.5 Day Work Week * . We pay commission weeklyyW ow! 4 (No Waiting till the end of the m h) is February 14, 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 14, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Getty. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 135933 - Hart/Schmitt that the Agenda, as amended by moving items 1.b.7, 11,12 to 2a and amending the wording on item #11 and #12, for the Regular Session on Monday, February 14, 2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 135934 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 7, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. CONSENT AGENDA 135935 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-102, dated February 14, 2011, in the amount of $2, 695, 164 . 92, 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. 2011-94. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-95. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-96. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-97. 5. Request of Jerry Grier for tax exemptions on improvements totaling $160, 000.00 for property located at 23 Lafayette Street and located in the Consolidated Urban Revitalization Area, and rescind Resolution No. 2011-70 in its entirety-Submitted by Shane Graham, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-98. •paTIIPo uoTgoN •A;;a9 :;uasgy •PZ wa;T oil buTnow ZT 'TT 'L'q'T swag? ugTM 'xTS :saAy (saTeS Aepuns sapnTouI) (ZI/6Z/Z sazTdxg) (TeMauag) anueAv A;TszaATup 0I8£ '8Si4# gzemM'ET (sales AepunS sapnTouI) (TT/sZ/Z sazTdxg) (TeMauag) ;aazgs APMpeozg 80S '000egoy 9 zonbr7 A;Tr'ZT g ssPT3 uo T;eOTTddy ;Twzad esuaoTl auTM (saTEg Aepuns sapnTouI) (TT/8Z/Z sazTdxg) (TeMauag) ;aaz;s AeMpeozg 805 '000egoy 9 zonbT7 '';TD'ii g SSET3 uo?geOTTddy ;Twzad asuaoT7 zonbT7 (sales Aepuns sapnTouI) (TI/II/E) (abueu3 dTgszauMO) anuany puowweH S40b 'uooTeg g asnouxeags ze;s auoq.OT 3 sse T3 uo T;POTTddy ;Twzad asuaOTg zonbTrl (sales Aepuns sapnTouI) (ZT/9/4 sazTdxg) (TeMauag) anuany APMabPTg 'E 0EZ 'aoTnzaS pzepuP;g puT'I wTP'6 (sales Aepuns sapnTouI) (ZT/6Z/Z sazTdxg) (TeMauag) anuany A;?szaATU0 0I8£ '8SIb# 4YPU1M9 (saTeS Aepuns sapnTouI) (ii/8Z/Z sazTdxg) (TeMauag) ;aazgg AeMpPOzg 80S '000egoy 9 zonbT'I A4T3'L 3 ssPT3 uoTgeoTTddli. ;Plied asuaoTZ zaag guaw;uToddy-ail PTOZ '8 zagwaoaU ;uaw;snCpy AzzagspTo9 Apues go pzeog ;uawgsnCpy ;uawguToddy-ail bTOZ 8 zagweoau uPmTPToH bTRaD go pzeog uaw urodd Ma za aoa ;uawgsnCpy y N 6TOZ 8 qw Q ssPS PToTz;Pd go pzeog ;uaw;u?oddy -ail zo Ma[] aged uoTgeZTdxg uoTss?wwo3/pzeo8 aagu?oddy 9 romps uoT;ebozza;ul assaH TTOZ Ma?nzaaul Aoe;s zogebTgsanuI 'SZ-OZ eMOI TNEMeTMaZ :uEwabeu 00'06Z8 Azenzga3 'A;TD xnoTs -zapueT)DTM uAzg zogebT;sanui •S aouaza3UO3 TeuoT;eN TTOZ '0Z PTuzo3TT3 uazpTTu3 ;su?eby assail 00'069 '18 -91 APW 'asop ueg sawTz3 ;auza;ul AoP;s zo;Pb?;sanui •4 za;soua3 TTOZ ssPT3 uuop zogebT;sanul '6i-IT eMOi uoT;eOT3T;uapI :AaTzoW 00'0TL8 TTzdy 'Auaxuy euencTiew sTzgO zo;ebTgsanuI 'E zogebT;sanui TTOZ aouazaguop 'szapunes udasop 8T-6T opezoTo3 za;uaD :gsATeuy/zauuPTd 00'098 'Z$ uozeW 'zanua0 uoTsn3 TeuoTTeN 'uosTTM ppoy •Z sbuT;aaw zPax pzeog ATu;uow zepuaTe3 PMOT ooTzageM gaazgS 00'0ZT5 T1OZ 'ooTzagPM ureN Pua;;y xzeT3 xong zOAPW 'I paaoxg oq i d ;ou ;unowy (s)a; ; T;eu uoTeusap buT;aaW/sseT� go aT}iZs4aaweN s;sanbag Tanezy :buTMoTTog au; eAozdde oil uoT;oW •q abed TTOZ '4T AzPnzgag February 14, 2011 Page 3 OLD BUSINESS 135936 - Greenwood/Welper that the following Class C Beer, Class E Liquor, Class B Wine License Permit Application for E 4th Liquor Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) , be approved. Prior to a vote on the above items, the following comments were heard. Mayor Clark, I just want everybody to know that I'm anticipating that in just a minute there is going to be a motion to table that item. There are several administrative issues regarding that particular license that we're going to have to look into before we are going to approve that. We will make the motion and discuss the reasons why. If you still want to speak after this you are more than welcome to, but we might put your issues to rest with this motion. 135937 - Schmitt/Hart To table the application for further administrative review. Prior to a vote on the above item, the following comments were heard. Councilperson Greenwood, how long is this item going to be tabled? Mayor Clark, it is tabled indefinitely at this point. We got into a deep discussion after last Monday, February 7, 2011 council meeting. There are several relatively serious administrative issues regarding the building and some other issues with this particular license being transferred that we need some very definite answers to before we agree to do this. It will be tabled indefinitely as of tonight unless we get the administrative answers that we want. Russell Tidwell, 937 Conger Street, I am here to speak on the license transfer. And I also would make available to the council members some improvements that we are going to do to the building. And hopefully everybody got a copy of that because I think that question came up last week about security and being able to see into the building. So those who have seen this know that we are making an improvement on the building. Not on the outside physical part of it but we're making a major investment there. And also I'd like to bring it to your attention that the location has been a bar for a number of years. And so the transfer from a carryout to a place where you can sit down and drink liquor I think it's a no brainer there. But we are willing to accept the ruling of the council. So far we've been investigating and had some legal advice on it. And they see no reason for us not to transfer from East 4th Street to Logan. Some incidents have happened beyond our control. Some people think that they have the right to take other people's property. And sometimes there is a consequence for that. Those happened at 1027 and we apologized to the families. Not that we should apologize because we did nothing wrong. But we are still trying to upgrade the Logan Avenue with a major investment. And I hope you take that under consideration during your deliberation. And hopefully when you say table for an indefinite period of time that puts us at a disadvantage too because we are in the process of doing some construction on the inside of that building too. To have us make improvements and have it tabled indefinitely people are out of work. And we still have out of pocket monies that we spent and no income. So I don't know what the table is for. Mayor Clark, let me clarify it for you if I can. It' s clear in the Alcohol Beverage Regulations that to have the type of license that you are asking for requires a certain percentage of your floor space to be dedicated to non-alcohol sales. So with the floor plan that you've submitted that doesn't show us what that is. We are going to require for you to have a very definitive floor plan outline showing how much of your sales are going to come from and where they are going to be laid out in your floor plan. You also have to have a certain amount of visibility from the outside. So what we are going to require of you is to show us in some kind of a development agreement that you intend to do those things that are going to comply with the requirements from the Alcohol Beverage Division. And I'm sure you'll have conversations with Sergeant Greenlee and the Clerk's office. So somebody will be in touch with you very soon Mr. Tidwell that will explain to you what you are going to be required to do. 11 Mr. Tidwell, and I also invite any councilperson that would like to come in and tour that building. I don't know if you've been in there prior to it being a bar. But if you come into that building now and look at the interior of it now you will see where that space is going to be made available. The other thing that I'd like to address according to financing you can look at our invoices of liquor versus non-perishable product. We doubled in non-perishable products we spend per week. 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;e xooT UPO noA butzaptsuoo aze noA aTTgM os TTounoo eq; o; ;no ssed 0; e{TT pTnoM I ;eg; goaeasaa amos aAPg I 'anuaAV UeboZ £TL 'uoszeo aauaa •spzooaz esog; ass o; aNTT p,noA JT 0S 'TogooTe moa; amoo ;,useop amoouT zno ;o A;TJOLPm eq; 0S •xeaM zed 00'000 '8$ 04 00'000'9$ pueds am s;onpozd aTgegsTaad-uom •xaem 6 abed TTOZ 'bT Aaenzgag February 14, 2011 Page 5 Because it sure is not my neighborhood. Because we have seen a vast growth of liquor stores and places that sell alcohol in my area. What I will say though is give us an opportunity. Give us that fighting chance to turn our neighborhood around. We want you to have our back for a change. I have not seen it yet. I've been waiting on the final information about New World Lounge and when you are going to investigate to see how much they have sold. We have almost 10 establishments that sell alcohol in our area. We've got 16 bars on the eastside of Waterloo. I try to put a park on the eastside of Waterloo and Mr. Anderson you told me to go tell my kids to throw a football in the Water Works building but your willing to put more liquor establishments within these areas? This is not fair and it's not right. When people on the westside say we don't want it you guys don't give it to them. You go lobby for $5 million dollars worth of money to redo Hammond Avenue and we can't get you to lobby the state? To say we don't want this in our area anymore. It's time for a change, it's time for something to happen and something needs to happen now. Because more and more of these that get in this area the more people that are moving out. You see it even in your reports that about 400 people left this city because they are tied up and fed up. Keep it up and your not going to have anybody. So its time for a change, it's time for something and it needs to happen today. Also, I know this liquor establishment has had several reports against it for violence. But also they've been busted once or twice for selling to minors so I don't think they need a liquor license if they can be selling to our kids. Mayor Clark, thank you and just for your information there is two legislators that are trying to change the legislation at the state level that are going to give us more opportunity to control these so we can see if we can get that done. You should lobby your legislator for that and hopefully we can get a change at the state level. Raquel Harman, 2028 E. 4th Street, on behalf of the youth I would have to say that I don't agree with the license even though it's outside of my hands. But I can speak on it because it is my freedom of speech. I believe that if we are going to keep putting these things into our neighborhoods, i believe that there should be a requirement that they put into our neighborhoods. I was looking up on the computer earlier today at work and I was looking at some research. And it should be in the research that Ms. Carson passed out to you all. It says annually that there is at least $500, 000.00 to $1 million annually in liquor sales. So if all of this money is being made off of liquor what are they putting into our community? I don't see any parks being built, I don't see any recreational centers being built, not even putting into our very own Boys and Girls Club here in the Black Hawk County community. Which is sad to say is right down the street, around the corner from the Boys and Girls Club. There is a lot of teenagers that come from broken homes and that's the last thing that they need is to walk down the street to another liquor store. I mean, the way that I look at it and excuse me if it sounds kind of disrespectful but if you are willing to renew licenses and continue to put liquor stores in our community you might as well put a crack house in our community. Because it's an open outlet for people to go in there to do whatever they please because the door is not going to be closed. We say that they are selling chips and different things like that but that's only to satisfy their appetite after they do whatever they. do from smoking, drinking and different things like that. So I really hope that you take this into consideration and really think about these things. Not wishing bad luck on anybody but what I'm saying is that instead of worrying so much about how much money we can put into our pockets we need to worry about who we can help save in our community. Reverend Loggins, I just want to piggyback off of what the young lady said. I must commend her for doing her research. And I think that we need to seriously look at what are these convenience, liquor stores and bars putting back into the community? Now I think we understand that your hands are tied as far as what you are able to do. There is no doubt about that. But then like the young lady said what are you doing as far as helping our high schools, our students? What are you doing as far as making our parks a little bit better? What are you doing to improve the community? Other than what we hear that's negative that maybe the t.v. stations and some of the radio stations will say. So seriously, lets try to make them better citizens if nothing else. Say to them, hey look if we give you this then you've got to give something back that's positive to the community. That's what I say and I again am grateful to the young lady that came up here and to be bold enough to say that. And I would hope going forward that the council would seriously consider that. Mary Potter, Church Row Neighborhood Association, this is not my neighborhood problem but we've had the same problem. And I feel for these people. I think Waterloo needs to somehow make a start and say we have to make a difference in this community by what we do. And whether it means we have to create a new ordinance. Whether it means we need to find ways to get our state to react. I think something really needs to be done. This is not new to Waterloo. We've been addressing these problems for a couple of years. 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February 14, 2011 Page 7 Councilperson Hart, is it an active place in regards to police? Daniel Trelka, Director of Safety Services, I ran the numbers for this location in the past year and we have responded to this establishment 38 times. Eight of them have been business checks, five suspicious calls, six disorderly conducts, three shopliftings and the other calls are varied traffic stops, motor vehicle accidents. In the past year there have been no violations on the records I've been given that show that the establishment itself has been cited. However, going back further there have been situations where it has. I looked at the renewal period of the past year. Councilperson Hart, you said 38 calls and this may be hard to answer but in relation to a location with the same square footage with a permit is this a normal number? Are we busy in regards to the square footage with the amount of calls that we see on the premises? Or is this just 38 calls that's all and that's normal? Mr. Trelka, without analyzing all of the establishments it is difficult to say but it does appear that an establishment with this square footage does occupy a lot of time. Councilperson Schmitt, the other thing I was going to mention in talking about change in our ordinance I think I saw in the paper that both the City of Dubuque and the City of Iowa City attorneys are working with the legislature to establish something that deals with the questionable character of the owner of the establishment. Because I know in the past some of the places we had voted down because of the activity. I don't have that list in front of me but assuming there is some violent issues. I mean those wouldn't be happening in the parking lot of a hardware store or accounting firm. So what they're working on is where we've refused people and then it's gone down to Des Moines, Iowa and these people have had bad records and then Des Moines is over turn us. That' s what they are trying to get resolved. And I think ultimately trying to get some of the power back to the people to be able to control their own neighborhoods and their own destiny. Which is obvious I think of what we all want to do. So I don't know if Mr. Walsh is aware of that maybe we could partner up with Dubuque and Iowa City. Maybe that would help us in this endeavor and maybe too save us a little bit of money. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Cole, Schmitt, Hart. Absent: Getty. Motion failed. PUBLIC HEARINGS 135939 - Hart/Welper that proof of publication of notice of public hearing on F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, as published in the Waterloo Courier on February 9, 2011, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 135940 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 135941 - Hart/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2011-99. 135942 - Hart/Welper that "Resolution ordering construction in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2011-100. 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Prior to a vote on the above items, the following comments were heard. Councilperson Schmitt, the question I have is that we had a work session on this. And staff apparently feel that this denial is being done in other parts of the state in the Midwest. It' s not something that we've done a lot of but we have done some. Iguess if theyare denying it I'd like to hear a little bit Y g more about it. Bill Claussen of Wayne Claassen Engineering & Surveying, Inc. , we are the design engineering for Young Development on this project. And the request for this low-profile curb is to save costs for the subsequent property lot buyers when they build their homes about $500.00 to $600.00 to not have to cut the curb for their driveway. A similar request was made for a previous part in 2003 and was approved on a trial basis. I am not aware of any problems that's associated with William Drive so we are requesting that it be allowed in this subdivision. Councilperson Jones, I went out and took a look at Winghaven that has that low profile. Mr. Claussen, you are right that's the name of the division. Councilperson Jones, Winghaven has an older neighborhood that doesn't have the low profile and a newer section that has the low profile. There was some runoff with the snow and I was able to see how it works with a low volume of water. With a large volume of water I suppose it could back up a little bit. But probably my bigger concern was if 30 years down the line or whatever we do an asphalt overlay then its really going to cut down on the curb substantially. Mr. Claussen, well you have a 31/2" curb versus a 6" curb so an overlay wouldn't have much curb left. Councilperson Jones, will that cause a problem for the homeowners down the line? Mr. Claussen, well drainage would not be entirely within the street. Drainage would be somewhat within the grass about 30 years down the line. Eric Thorson, City Engineer, I gave a pretty lengthy correspondence on this listing various reasons that we believe it shouldn't be allowed. We really didn't find that its used very often in Iowa. We didn't check outside of Iowa but found its not used often in Iowa. And quite frankly the specifications that most cities use don't include a specification for this. Some of the things that we pointed out was that we believe that there's a loss of access control. It's much easier for folks to drive over the curb and into yards. And drive kind of wherever they want. If your parking along the streets you can get over the edge easier and that can cause rots and other damage. There are some issues with snow plowing and street sweeping. Potentially with this is it could be worse once it' s overlayed. I guess that's probably one of our bigger issues was down the road really is probably where you have more issues than you do up front. Those were some of the main issues. There were a few other minor things. It can possibly encourage folks to park in the front yards or other non-paved surfaces. Typically folks tend to park pretty close to the curb and with a wider curb it could push them out of the street a little further. Which maybe makes a little bit less width for the traveling traffic. There are just some issues along the way that we feel that it's not really appropriate. Most of them come more down the road when it does get overlayed. So we are kind of pushing those issues off in the future by approving that. Councilperson Jones, one the one hand the homeowners need to know that there is going to be some problems. And it wouldn't be their problem it would be a city problem. Councilperson Schmitt, I need to follow up with what Councilperson Jones said and part of that presentation is trying to figure out what we can do to make housing more affordable, competitive, desirable and more cost effective. Especially in what we've seen in our most recent Census. Following comments a vote was taken on the above motion with the following result. Ayes: One. Nays: Jones, Greenwood, Schmitt, Hart, Cole. Absent: Getty. r se bUOT SP 'zaggoue o; asn ;o adA; auo woz; sabuego ;snC ;T ;T ;ng •uoT;eTnoTeo ;ooabP;oo; sazpnbs zadae s';I •abuego pTnoM ;unowe ag; uaq; ease snoTnzadwT aq; g; aseazouT pinoM ;eq; buTggawos •buTpTTnq eq; uo uoT;TPPa UP ;nd o; apToap Aeq; zo axe azow Aed o; pepToep Aaq; ;T se eq ATuo TTTM 4I •sebuego Aue eq ;,uoM azaq; sabuago asn egg ;I •;oazzoo aze noA 'uoszogy •zw •A;zedozd egg ;o abesn TeuT; zo abesn znoA Aq a6upgo o; buTob ;ou s,;eq; puy 'pabzego aze noA Moq s,;eq; pue sT aouauTpzo aq; Mog s ;eqy •sT ee ;zns snoTnzadwT aq; ;eqM ;o goo; aaPnbs ag; o; ;no pTeT TTP s,;T 4P1-1; sT ;T pue;szepun i ;eqM woz3 •eoTzd zagbTg ag; pabzego aq pinoM Aog; uaq; pue ;;ounz zo abeuTPzp azow aneq ;gbrw dogs anT;owo;ne ag; ;egy •Aoewzagd a zo; pasn snszan dogs anT;owo;ne ue zo; pasn s,;T Aes •A;zedozd egg ;o abesn buTMoTTo; aq; ;o sabesn ;uezeJ;Tp egg ;e xooT o; buTob aze OM uag; aaeid out eoueuTpzo STg; ;nd am aegga SPM UOT;ewzO;UT STg ;egM buTAas SPM aH •;no paua;gbTPz;s Anb ag; gob I xuTg; I ;nq uoT;ewzo;uTsTw seM ;T xurq; I •buT;saza;uT SPM ;o ;zos ;egg Aepo; TTeo auogd auo aneq PTP I 'pooMueeJO uoszadTTouno3 •senssT abeutezp ag; ;o awns A;r;oaz o; APM zag;oue sapTAozd ;T sy •euop STg; buT;;ab o; pz2Mzo; buTxooT aze pue TTrquMop 'weez;suMop swaTgozd buTneq aze ;eq; szoggbTau egg ;o autos woz; ;egg ;o apTs eAT;Tsod egg uo STTeo awns ;eb PTP I 'sauof uoszedTTouno0 •;ou aneq eM ;nq siieo Aue ua;;ob sag asTa ApogAue ;T Moux ;,uop I •;T ;noge gonw pzeag ;,uaneq ATTeaz aM •Teap brq e ;,UST xaaM zaq;oue ;TeM o; asoddns I ;nq ueo eM sP uoos se ;T ;zags ueo eM ;eq; os aoeid UT ;T gab o; axTT p,eM ATsnoTAgo 'zaauT6ug A;TO 'uoszogy oTzg Lpessed ;T gab o; Aouabzn Aue azaq; sT ';;rwgos uoszadTTouno3 •pzeaq azeM s;ueunuoo buTMoTTo; egg 'swa;T enoge ag; uo eon e o; zoTzd •pepuedsns eq sbuT;aaw zoTzd oM; ;P abpssad zo pa;on pup pazapTsuoo eq o; saoueuTpzo burzTnbaz sainz ;eq; ;;Twgns/pooMuaazg - SS6S£T •paTzzeo uoT;ow •A;;aO :;uesgy •xTs :seAy •ewr; ;szT; ag; zo; passed pus pazapTsuoo 'aTT; uo peoeTd 'panTaoaz eq `„eaT;TTT;n DTTgnd '8 aT4Ty 3o 'wezboza ;uewabeuew za;ey wzo;s 'V za;deg0 ;o ;uawabeuew za;eM wzo;s uor4onz;suo0-;sod '0 aToT;zy Mau P burppy Aq 'eMOT 'ooTza;eM ;o A;TO aq; ;o saoueuTpzo ;o 01000 LOOZ aq; buTpuawe eousurpzO au. ;Pq; ;;Twgns/pooMueezo - tS6SET S ONVNIQ210 'TIT-TTOZ •ON paubTsse zoAew Aq Tenozdde uodn pup pe;dope uoT;nTosaa •A;;aO :;uesgy •xTs :seAy •pa;dope eq '„seoTnzes A;ajes 3o zo;oa.TO 'PxTeay r TaTusu Aq pa;;Twgns-;uewdoTeneQ eoueTzadxg uoT;eonpg pezn;onz;s - •Q•g•g•s peITao wezbozd AaeuoTsTA e pun; o; uoTTTTw S'TS o; do ;unowe us uT ;uezb e zo; buTuTazy pus ;ueuAoTdwg 'zoge7 ;o ;uaw;zede 'g'[l eq; o; uoT;eoTidde us ;Twgns o; ;sanbaz buTnozdde uoT;nTosaH„ gag; zadTaM/;zSH - ES6SET '0TT-TTOZ •oN paubTsse zoAew Aq Tpnozdde uodn pup pe;dope uoT;niosaa •A;;ao :;uesgy •xTs :seAy •pa;dope eq '„zo;oazTQ ;uawdoianaQ 5 EUTUUpid A;Tununuo0 'uoszapuy TaoN Aq pad;Twgng-;uawnoop pTas a;noexa o; xaeTO A;TO pup zoAeN ezTzog;ne pup :szeeA S o; szeeA 0T woz; sa;egaz xe; ;o szeaA eq; eonpaz pus 'OBT '686 'Z$ ;o anTen eTgexs; umuTuTu Mau e q;TM 'butpiTnq eor330 TeuoTssa;old goo; azenbs 000 'SZ e 'anTzQ euoioAO STSZ 4e pa;eooT ;uewdoianep za;ua0 eAg zanew ag; zo; ;anew •0 pzagoTH g;rM ;uemeezby ;uawdoianaQ o; ;uawpuawy ;szT3 buTnozdde uoT;nTosaH„ ;eq; zadTeM/4z5H - ZS6SET '60T-TTOZ •oN paubTsse zoAPN Aq Tenordde uodn pup pa;dope uoT;nTosaH •Ayres :;uesgy •zedia4 :sAPN •anT3 :seAy •pa;dope eq '„zaauT6ug A;TO ;ue;STsSy ' •g•d 'z;uao sTuueu Aq pa;;Twgns-uoTsTnTpgns uoT;Tppy q4zno3 xzed uewebuTT) pasodozd egg. JO; qzno aTT;Ozd-MOT MoTTS o; eousuTpzo ;o epo0 ooTza;eM TOOZ egg o; eoueTzen a zo; ;uawdoieneu bunoA ;o ;Tsgaq uo •auI 'buTAanzns 5 buTzaauTbug uasseeTO euAeM wag ;sanbaz egg buTnozdde uoT;nTosaH„ ;eq; aToO/gzsH OT abaci TTOZ '6T Azsnzga3 February 14, 2011 Page 11 its okay with zoning, then its not going to change the fee unless there is some addition of impervious surface. Councilperson Greenwood, so some of the money we get in for this will this allow us to put storm into some areas that don't have it now or don't have an adequate storm drainage system? Mr. Thorson, we certainly hope that with the funds that come in we will be able to use those for storm water issues but the primary reason that we need the fee is for primary issues and we are hoping that we'll also have money to deal with quantity issues. So we have to deal with quality issues by federal rules but we'd like to have some of the money go towards quantity issues also. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Schmitt Absent: Getty. Motion failed. OTHER COUNCIL BUSINESS 135956 - Schmitt/Welper that 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, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 135957 - Schmitt/Welper that 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, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 135958 - Hart/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One (1) 2011 Rear Load Garbage Truck, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 135959 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase of One (1) 2011 Rear Load Garbage Truck, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 135960 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of One (1) 2011 Rear Load Garbage Truck", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2011-112. 135961 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 7, 2011 and instructing City Clerk to publish notice of specifications, bid document, etc. and taking of bids on the Purchase of One (1) 2011 Rear Load Garbage Truck", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2011-113. 135962 - Hart/Greenwood to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 135963 - Hart/Greenwood that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808, be received and placed on file. Ayes: Six. Absent: Getty. 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'pips ag LpauueTd pug ag ;egM mTg pexse I 'TTOZ 'Oi AiPnxga3 'Teo Am peuxn;az ag TTOZ '6 Aaenrga3 mTg PeTTea I uagM apn;T;;e aTogM sTg pabuuga zoAeW ag; Aux() sum ;egg ;egg ;no puno; eq as;;y •esn o egg ao maTgoad egg ;ou GPM ;egg ;egg ;no puT; o; as;uanazd MoT;xoeq Am ;no xaago o; raqumid a ;no ;uas ag ;T ;noge zoAeW ag; paxsP I uagM •uTezp smogs Am mod; dn pue ;aTTo; Am ;o ;no dn buT;oogs ae;eM g;TM poor; o; ;uamaseq Am buTsneo OTOZ 30 zagmegdas pup ;snbnv 'Arnr 'aunt uT ssazppe Am ;o ;uoa; uT sauTT aaMOS ;no buTgsnT; uam aoueua;uTem A;TO e,AepTz3 uo •m•d sT:s 4p TTOZ 'Oi Arenrga3 pTp noA axTT TTea e axem o; noA are ogM 'aoAeW •TTea ;uambpn6 e paired s,;T puy .pear o; quern i xe;;ar P ;o6 an,I ';aaz;S See 9ZZ 'JepTTM eaAof - L96S£i SNOI,IKLNHSa d TYRO '9ii-TIOZ 'oN paubrsse zoAeW Aq ienordde uodn pup pe;dope uoT;nTosag •A;;ej :;uesgv •xTs :saAj •pa;dope eq '„ear;ou pTus gsTTgnd o; xzai0 A;TO buT;ens;suT pup TTOZ 'L goauN se ;abpnq ZTOZ3A3 ag; zo; buTaeag ;o e;ep buT;;as uoT;nTosag„ ;egg eT00/;xeH - 9969E1 'Sii-TTOZ 'oN pau6Tsse zoAeW Aq Tenozddd uodn pue pe;dope uoT;nrosag •A;;ag :;uesgy •xTs :seAv •pa;dope eq '„808 •oN ;der;uoO 'ezeTd aaddn eeuessT€uag raATg TTOZ 'A'3 eq; uo •o;e ';a€z;uoa ;o mao3 'suoT;ear;Taads 'suerd ;o eoT;ou gsTTgnd o; xzaTO A;TO buT;and;suT pue TTOZ 'L gaaeN sP buTuedo pTq pue buTzeag ;o e;ep buT;;as uoT;nTosay,, ;egg pooMuaaaO/;reH - S969£i '6ii-TTOZ 'oN paubTsse aoAeW Aq Tenozdde uodn pue pe;dope uoT;nrosag •A;;eD :;uasgv •xTs :seAy •pa;dope eq ',.808 •oN ;aea;uoO 'ezeTd aaddn eauessTeuag aanT's IIOZ 'x'3 g;TM uoT;auncUoa uT *age ';aea;uoa ;o mzo; 'suoT;ear;Taads 'su€Td buTnozdde ATTJeUTmTTard uoT;nTosag„ ;eg; pooMuaaaO/;zeH - 6965£T ZT abed 'HOZ 'PI Azenrga3 / y February 14, 2011 Page 13 Mayor Clark, Mr. Miles that fee comes on your water bill because the way we schedule it is that everybody that owns property gets the water bill so that' s how we chose to assess that as the vehicle. It affects everybody in the city and not just you. Mr. Miles, like when we pay property taxes not being paid through that? Mayor Clark, no it's not. Mr. Miles, well I still want an answer on why you approved those storage sheds to be built in the water drainage down there. Because I know its effect the people down there. The water is getting in their basements. And it's because of the drainage down there. Mayor Clark, the council passed that with the thought that it was beneficial to the neighborhood and to the people that requested for that to be approved. And there was no issues brought up by Planning & Zoning or by our Engineering Department that would indicate that would increase any of the water issues that might be in that neighborhood. I can't speak for the council, they are the ones that voted. Mr. Miles, well I was at the Planning & Zoning and its still not fair that they couldn't get no grant or anything for having it down there. Mayor Clark, well the council acted on it, voted for it and approved it and that is kind of where it stands at this point. Ryan Madison, 650 Dawson Street, I just want to thank you guys even though it was an even vote thanks for voting that way. I appreciate it. But also I couldn't think of the word but audit. Hart/Cole that the above oral comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 135968 - Hart/Cole that the Council adjourn at 6: 46 p.m. Ayes: Six. Absent: Getty. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2011 Prepared: February 8, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: TREES PLEASE! CHECK PRESENTATION BY MID AMERICAN ENERGY Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: No action required. Not an agenda item. Summary Statement: Mike Massina of MidAmerican Energy will be presenting a check to the City in the amount of$20,000 for Leisure Services tree planting projects. Expenditure Required: NA Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: Funds will be used to plant trees on public properties. 0 Q:1 CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, however effective government may be in serving the needs of its citizens,the soul of our city and its vitality as a place to live and work depends on the relationship of families, friends and neighbors; and 'WHEREAS, strengthening those bonds is not as much in the hands of institutions or governments as it is in the hearts of the people— individuals who volunteer to help people of all ages, races and religions cope with illnesses, overcome hardships and barriers, adjust to social changes, and fulfill their potential. These volunteers are the unrecognized, unsung j.' heroes of our society; and WHEREAS, with over 50 years of service to the community, Roosevelt Taylor exemplifies the value of volunteer community service and is a role model to youth as well as adults in our community. NOW, THEREFORE, I,Buck Clark,Mayor of the City of Waterloo,Iowa, commend Roosevelt Taylor for his outstanding volunteer contribution to others and to our community. In honor of Mr. Taylor, I am proclaiming Sunday,February 27,2011 as Roosevelt Taylor Day in our city. WITNESSIN ` II$$REOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 21st day of February 2011. ATTEST: A, It se jr new It' 4 r Suzy Schares,City Clerk %,4 n Buck Clark, ayor City of Waterloo,Iowa II/\ City of Waterloo,Iowa D foe A IY, si, MNxN Oo CITY OF WATERLOO Council Communication City Council Meeting: Februar 21 201 Prepared: February 14, 2011 Dept. Head Signature: # of Attachments: N/A SUBJECT: February Team Member of the Month Submitted by: Buck Clark, Mayor Recommended City Council Action: Acknowledgement of Recognition Summary Statement The City of Waterloo is proud to announce that Mary Peterson has been named February's Team Member of the Month. Mary has worked for Human Resources since July 6, 2009 as an Administrative Secretary. She distinguished herself by promoting the Team Member of the Month program, helping coordinate the Safety Wellness Fair activities and by assisting other departments in human resources activities, winning respect, trust and value for Human Resources goals and objectives. Expenditure Required Source of Funds Policy Issue Alternative Background Information: E- W M o• W o a• g o o W o in N E 0 N to A la) o 0 o 0 0 0 of of wH W a' m HIx H O r4 o oa o N N CW4�o0 Z 0 a O m0 co rnO o e • w,Ou z z a �a �a CO 01 H O 0 0 0 HH H H E- gFg- £F£+. E. W •E Ha E Ha •E H •E A E- \F 00. \E.. E. a o o HO o Ho o HO 0 F 0 NE-1 o NF o NE o 0 0 - 0 � o •- 0 O N O N O N O T ❑ Lfl N ❑ co — . . .'^n W ei H H H H H H Y❑' ❑ ill LL ❑ u' Vr di E- El- - HIE-1� .. HE. .. HE'. .. . HE H.E H'F tO t*1 d' N W I 0t f7 N O a 'a .0 .O �00-w � _-a In Ot f) Ifl f9 ❑ N C) H H H F' NF NE.. NE. N Ifl r ' C7 N t0 N 1 Q �d N N Ned N N to 0► w H H 0 0I Q1 01 H H H a £ N£ N£ N£ ^ " 1 ^ N O N H \ - \ H N N E H >I. >4. >4. >4. "Z. H. H. H. H. 6+ W F. E. E. E. £ n W zCCJ w a U O U W 0 a o w O .� W U Q a x u 0 H O f�i �, Pi 1~�' O'� £ H z N �] W E--1 ',•'‹ W �/ � C ' 1H a H 0 - W - CA wu o 0 N �' W HCa � iH CO 0 0 E � O U O W .. PI . 0 O £ } •s••, C..) 0 ' W Z a • u • H � p(a • w • Z 4 O H Q --INS 3Wa, Z zZ H H a U O • Et w OOmm • d H• • MH• H. H7• \r. = L. F . • ow a. . a • W H HH H H.- H U CO U. HO „I • -1-+ 0 CO• • N m • 14 CO. • Cr Cl) I • aCZ C.3••� 3 0 w. 1 r u,Z w•u, x . w. in c-C4.co • 0O o • NO CO • a,A•c, HH N u, w u, H III H H • H • H • H a.",•I �+i-I x 0 • x 0 • o • x o -4 0 H >I o o m a F H u m • WU m • u mCD al g • Hz f� �r`di Z H ' HF m • ZF M ' FZ M • �' 'b O 0 o • O o • a0 0 • r40 o • O �' q O H WO H £U H W U H O II w a o W 0 o W 0 o W �O c 6 W H 0 H U' H H _� O 4 U W U U U W E-4 U W ( U W _� •~C.)H -.i 0 W •,-. U rZ Hi U .7.' -rl OCIS UUHr, O > O 12O > O >0 > O• OHWO > 0 4J\.. O Cl b• q • q W • 0 0tr-Iri a H 2 as H 2 as H g as r•H Z • I H O 3 Cs)In H N aH Nix �H H O H 0 £ a H£ 0 .-I£ < H£ 0 W E HW F HW F HW F L�[--1 1£ W H H0 H H E H H F H H E E+ F UaE E 0 CITY OF WATERLOO Council Communication City Council Meeting: February 21, on Prepared: Daniel J. Trelk Dept. Head Signature: # of Attachments: 1 SUBJECT: LCV KINDNESS EXPLOSION DAY Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Requesting Council approval for the Love Cedar Valley's annual LCV Kindness Explosion Day, Saturday April 2, 2011. The event will be held from 12:00 noon - 1:3o p.m. and will take place in Sullivan Park. Summary Statement: Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Captain Joe Leibold, Police Department Paul Huting, Leisure Services Sandie Greco, Traffic Operations Steve Decker, Street Department Fire Rescue 02/08/.2011 11: 34 3192914297 WATERLOO LEISURE SER PAGE 02/02 : FROM :Corinthian Baptist FAX NO, :2352778 Jan. 26 2011 10:29RM P2 e0,Par keta t0041.1# Voria &card 915?Moo Szkeet Waterloo. Towel. 5O7t13 ommmMI Rev.A.E. Mille chaaon Thomas Butler CbOrch Phene—$10-233-0411 pastor Office Manager Church E-Meil--www,CBC519 OL.oem Church Fax--- 319435-MB Bro,H,Lee Mabry Trustee Chuinnan Deacon Rotted B.Bruce Shirley Joyco Cards Speller Church Clan January 26, 2011 To Whom it May concert); Re: Love Cedar Valley Day On Saturday April 2,2011,Love Cedar Valley will host their Annual LCV Kindness Explosion Day, We're asking for the use of Sullivan Park on that day. Estimated time will be 12:00P.M.- 1:30P.M. Some of our people will arrive earlier to set up our Hot Dog booth. This is a FREE give away to anyone passing by. The Mission of Love Cedar Valley is a day to partner with area Churches to extend the Love of Christ in real and practical ways in order that cur community would ta,1cn a step in being reconciled to Gad and one another. If you need further information on Love Cedar Valley, you can go to their Web site at www,.lovecedarvalley.com- If you have any other questions for me,please contact me at the Church at 319-235- 0411 or my cell at 319-504-8797. Thank Yon very much and it's our prayer that love will spread through the cedar valley on that day and throughout the entire year. Youts in Christ; ?? l mas A i� 1.CV Coordinator . o s Artklur E. Mills Pastor Life Cane Be Beautiful With esu a Cbeis t Ca-u, ci-At &.. -o ,,eq 4. /!lm. {/A.Rvin) 40,,I �.6C.G4 {J-At.w,.&-. �f Ww 4.44rA'r C,A,:. :r�nor,,A_m.i'. . RESOLUTION NO. 2011-118 RESOLUTION APPROVING REQUEST OF THE LOVE CEDAR VALLEY ORGANIZATION TO HOLD "ANNUAL KINDNESS EXPLOSION DAY" ON SATURDAY, APRIL 2, 2011 . WHEREAS, Deacon Thomas Butler and Reverend Arthur Mills for the Love Cedar Valley Organization have requested use of Sullivan Park to hold an "Annual Kindness Explosion Day" on Saturday, April 2, 2011, from 12 : 00 p.m. to 1 : 30 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request for use of Sullivan Park by Deacon Thomas Butler and Reverend Arthur Mills for the Love Cedar Valley Organization to hold an "Annual Kindness Explosion Day" on Saturday, April 2, 2011, from 12 : 00 p.m. to 1 : 30 p.m. , be and the same is hereby approved. PASSED AND ADOPTED this 21st day of February, 2011 . 0LC4--1 eLI Ernest G. Clark, Mayor ATTEST: Suzy Schals, CMC City Clerk APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: ` G2�i lJ/�t�u(cs&ek. / oAn C'(at K APPLICANT'S ADDRESS: (0'2. WQLf(yrf7n, (A p.hivoi GPJwA ,i7J/ APPLICANT'S PHONE#: yJ )eke, (' (9 34) 939 '1.,31q ANTICIPATED DATE OF VARIAN CE: •• \7 l y& NAME OF EVENT: C�14iZ(('( TL)/ J D& Al'(rj�- (2.(cl ctfn TIMES OF DAY OF VARIANCE: .Ai? ,' p_ntt , J GEOGRAPHICAL LOCATION OF VARIANCE: 7t ykiPs? r1C DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION,AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. 1. VJ.Q_. 6i.'r" ptoh/7flis DLC/y S� / l( � Iu/lYC. l?I��L.,P (d! 1A142 _ `crJcJ��/Gr�k . 2` 7Jas F/ lvQ �fi4 p1d.."7/7 lam /y /17 L%.1 L 'i /I / k ne yy 2"/ ys6Fyn Pt4' 2. Applicgt's Signatire Date CITY COUNCIL ACT ON. Police Dept.Recommendation APPROVAL: II APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: � 1 (s RESOLUTION NO. 2011-119 RESOLUTION GRANTING REQUEST OF CHERYL DAVIDSON AND JOHN CLARK FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094 . WHEREAS, Cheryl Davidson and John Clark are requesting a variance to the Noise Ordinance on July 30, 2011 from 2 : 00 p.m. to 8 : 00 p.m. in conjunction with a family reunion to be held at Byrnes Park, including the use of a PA system, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Cheryl Davidson and John Clark have made formal application for a variance effective July 30, 2011 from 2 : 00 p.m. to 8 : 00 p.m. in conjunction with a family reunion to be held at Byrnes Park, together with recommendation of approval of Chief of Police. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Cheryl Davidson and John Clark for a variance to Ordinance No. 3094, Noise Ordinance, on July 30, 2011 from 2 : 00 p.m. to 8 : 00 p.m. in conjunction with a family reunion to be held at Byrnes Park, including the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 21st day of February, 2011 . nes�� ark Mayor ATTEST: Suzy Scha es, CMC City Clerk • CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2011 Prepared: February 10, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: CVS Pharmacy 8544 Tobacco Violation, Second, $1,500 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; this was a second violation within two years. Under Iowa law, when it is a second violation, the City is allowed to collect a civil penalty of$1,500 or suspend the cigarette permit for 30 days (permittee's choice). Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA ifro ^� CITY ATTORNEY■S OFFICE oaf ,pS�� 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4327 Fax(319)291-4671 er!00 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOtiFhR,Assistant City Attorney Mayor BUCK February 10, 2011 CLARK COUNCIL MEMBERS • DAVID Mayor Ernest G. Clark and City Council JONES City Hall Ward i Waterloo, IA 50703 CAROLYN COLE Re: CVS Pharmacy 8544, 2060 Crossroad Blvd., Waterloo, Iowa, 50702 Ward 2 SOLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have received a signed Acknowledgment/Settlement Agreement regarding the QUENTIN M. violation of tobacco laws by the above-captioned permittee. A copy is enclosed HART for your records. Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public RON hearing and concluding this matter. Please approve and sign this Order at your WELPER 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 you for your assistance. Please call me if you have any questions. At-Large STEVE Si ` rely, SCHMITT , —7 At-Large ' D vid R. Ze oefer 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 IN RE: CVS PHARMACY 8544 ACKNOWLEDGMENT/ 2060 CROSSROAD BLVD. SETTLEMENT AGREEMENT WATERLOO, IOWA, 50702 SECOND VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we)understand that the penalty for this second violation is a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a suspension of my (our) cigarette permit for thirty (30) days, beginning on the date that will be specified in the official City Order that I will receive. The above- captioned permit holder hereby waives all jurisdictional claims. ,le,m4 ox-' LINDA A SECRERON TARY SECRETARY Date: p2'hr/// In accordance with Iowa Code §453A.22(2)(b), the above-captioned permittee chooses the following penalty: $1,500.00 fine _ 30-day suspension NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document,properly signed and dated, as well as a check mark placed on the chosen penalty, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. S2032B 2P25W IOWA CVS PHARMACY, L.L.C. Page 1 of 1 CHECK NO. 7941278 i�O'1E IUQ INVOICE NO. INV.DATE GROSSAMOUNT QFSC44INf NET AMOUNT 2025W CODE453A208544 12-22-2010 1,500.00 0.00 1,500.00 -I - 9 • a• H N N - J G 90 TOTALS> $1,500.00 Remittance Advice Checks cleared through Positive Pay 52-60 7941278 CVS Date Corp.Vendor Check Amount 02-07-2011 2025W $1,500.00 CORPORATION Not valid Over 90 Days IOWA CVS PHARMACY,L.L.C. 1 CVS Drive,Woonsocket, RI 02895 One thousand five hundred and 00/100 Dollars act/5/ 5?C WATERLOO,CITY PAY TO THE OF y----Ad(�C.,( ORDER OF 715 MULBERRY STREET ACC t "PM KeyBank National Association CITY CLERK /Vfl���✓Jr Portland,ME WATERLOOJA - IOWA CODE 453A.2250(02)(b) FINE 1160794127811' 1:0 i 1 200 6081: 1909919004E611' BEFORE THE WATERLOO CITY COUNCIL IN RE: CVS PHARMACY 8544 ORDER ACCEPTING 2060 CROSSROAD BLVD. ACKNOWLEDGMENT/SETTLEMENT WATERLOO,IOWA 50702 AGREEMENT—SECOND VIOLATION On this -` —day of , 2011, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above-captioned permittee and the City of Waterloo. Pursuant to the Agreement, IT IS THEREFORE ORDERED that: IN a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) be assessed against the above-captioned permittee to be paid within thirty(30) days of the date of this Order. If permittee does not pay the civil penalty within thirty(30) days, then ❑ a thirty(30)day cigarette permit suspension be executed against the above- captioned permittee effective the 31St day after the date of this Order. This sanction will count as a Second Violation of Iowa Code §453A.2(1),pursuant to Iowa Code §453A.22(2)(b). Mayor. Clarl ATTEST: uzychares, City Clerk RESOLUTION NO. 2011-120 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF SECOND VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - SECOND VIOLATION FOR CVS PHARMACY #8544, 2060 CROSSROADS 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 Second Violation and Order Accepting Acknowledgment/Settlement Agreement - Second Violation dated February 21, 2011, in the amount of $1, 500 . 00, in conjunction with Second Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for CVS Pharmacy #8544, 2060 Crossroads 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 21st da of February, 2011 . Ernest G. Clark, Mayor ATTEST: li Suzy Sch e , CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2011 Prepared: February 21, 2011 Dept. Head Signature:James E. Walsh, Jr., City Attorney # of Attachments: 3 SUBJECT: XO Food & Liquor Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: /, CITY OF WATERLOO , IOWA m CITY ATTORNEY'S OFFICE �...... .......5� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319)291-4571 C)1e170 3 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOhFbi,Assistant City Attorney Mayor BUCK February 21, 2011 CLARK COUNCIL MEMBERS DAVID Mayor Ernest G. Clark and City Council JONES City Hall Ward 1 Waterloo, IA 50703 CAROLYN COLE Re: XO Food& Liquor, 428 Franklin Street, Waterloo, Iowa, 50703 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have received a signed Acknowledgment/Settlement Agreement regarding the QUENTIN M. violation of tobacco laws by the above-captioned permittee. A copy is enclosed HART for your records. Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public RON hearingand concludingthis matter. Please approve and sign this Order at your WELPER 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 Lary GREENWOOD Thank you for your assistance. Please call me if you have any questions. STEVE Sincerely, SCHMITT At-Large �� D David R. Zellhoefer Assistant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Director Trelka file CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REC'D FEB 212011 i IN RE: XO FOOD &LIQUOR ACKNOWLEDGMENT/ 428 FRANKLIN STREET SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we)understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of$300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. Date: .2-1 2-1 ( l NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. n' 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. i ( c Q m / � I . . l « �+ } 4 \ \ k / � \ \ ol ` \ 1 w « _,Fr \ � 11,1 ilb 4_ . � \ . . II c.0 ° kI / 1 i . . } - JP \ \ , AO : - o f o . E , . m \ \} , of 0 - / cf . ( [ ®�1 . . *. -. ƒ` \ / CCS . §4 .4 / _z\)jL � E 7 0 { f ofz0v3 : o/ƒg© { 0�LLc® / . /§/& ( � ` § ( *x§ _ § \ Ie3 0 { : CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2011 Prepared: February 11, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: XO Food &Liquor 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$300. The permittee did not return the Acknowledgement/Settlement Agreement, so a hearing is required. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: erb-::Aciik. CITY OF WATERLOO, IOWA r p:_ CITY ATTOFINEY'$ OFFICE �d o�m 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4327 Fax(319)291-4571 �E't100 JAMES E.WALSH,IR.,City Attorney • DAVID R ZELLHOEFER,Assistant City Attorney January 21,2011 Mayor BUCK Kashmir Kaur Sood CLARK Sood, Inc. 428 Franklin Street 1 COUNCIL Waterloo, IA 50703 I MEMBERS Re: XO Food&Liquor, 428 Franklin Street, Waterloo, Iowa, 50703 DAVID The City of Waterloo has scheduled a hearing before the Waterloo City Council WardIs on the 21st day of February, 2011, at 5:30 p.m., in the Council Chambers, Second 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 Ward 3 $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation QUENTIN 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 RON If you wish to settle this case in lieu of the public hearing, you may complete the WELPER attached Acknowledgment/Settlement Agreement, returning the original copy, Wards 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 GREENWOOD to the hearing date. With this Acknowledgment/Settlement Agreement, you must At-Large include a check in the amount of$300.00 made payable to the City of Waterloo. 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. • Sincerely, • D d R. Zellhoefer Assistant City Attorney DRZ:lc Enclosures:Hearing Complaint,Acknowledgment/Settlement Agreement. C: PoliceF,�,� Chief ! `y CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equai Opportunity/Affirmative Action Employer IN RE: XO FOOD &LIQUOR 428 FRANKLIN STREET HEARING COMPLAINT WATERLOO, IOWA, 50703 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 December 23, 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 XO Food&Liquor. Davi R lhoefer Assistant City Attorney • Charges Page 1 of 1 Charges,Dispositions, Sentences Title: STATE vs. VELA, ROSALINDA Case: 01071 STA0057470 (BLACK HAWK) Citation Number: 85115 Defendant: VELA, ROSALINDA Count 01 Charge Charge: 453A.2(1)-C Description: 1ST OFFENSE-EMPLOYEE PR TOBACCO TO MINOR Offense 12/23/2010 Arrest Date: Against Type: Date: DPS Number: Adjudication Charge: 453A.2(1)-C Description: 1ST OFFENSE- EMPLOYEE PROVIDING TDB/ Adj.: GUILTY Adj.Date: 12/29/2010 NEGOTIATED/VOLUN PLEA Adj.Judge: Comments: Sentence Charge: 453A.2(1)-C Description: 1ST OFFENSE- EMPLOYEE PROVIDING TDB/ Sentence 12/29/2010 Sentence: FINE Date: Appeal: Sen.Judge: , Facility Type: Attorney: Restitution: Drug: Extradition: Lic.Revoked: DDS: Batterer: Fine Duration: Amount: Comment: http://www.iowacourts.state.ia.us/ESAW ebApp/TV iewCharges?fromPrinterFriendlypage=... 1/20/2011 BEFORE THE WATERLOO CITY COUNCIL IN RE: XO FOOD & LIQUOR ORDER 428 FRANKLIN STREET ASSESSING PENALTY WATERLOO, IOWA 50703 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(1), 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: XO FOOD & LIQUOR ORDER ACCEPTING 428 FRANKLIN STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—FIRST VIOLATION On this )-15� day of WO OJf1 , 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. irei4t4 Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, City Clerk RESOLUTION NO. 2011-121 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR XO FOOD & LIQUOR, 428 FRANKLIN STREET, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL C OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated February 21, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for XO Food & Liquor, 428 Franklin Street, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of February, 2011 . Ernest�. Clark, Mayor ATTEST: Suzy Schars, CMC City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED Xge /7 1/ 0/5-- TRAVEL REQUEST FY;(1 BUDGETED /(nlo5;00 CITY OF WATERLOO EXPENDED YTD 3 U.q/ THIS REQUEST 3lvCl./,D LEFT AFTER THIS REQUEST (j/4/. Uel bATE 777li.‘ -;2-9-2;'/f Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Mohammad Elahi, Traffic Engineer February 2, 2011 NAME OF CLASS/ MEETING: DESTINATION: West Des Moines, IA 12th Annual ITS Heartland Meeting (Intelligent Transportation Systems) DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Monday, March 28, 2011 Monday, March 30, 2011 March 28, 29, 30, 2011 PURPOSE OF TRAVEL: To attend the Intelligent Transportation (ITS) Systems 12th Annual Heartland Meeting. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 266 17 7120 1345 100.00 LODGING TAXI X GRANT REIMBURSABLE 35.00 MEALS PARKING YES NO 225.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 360.00 TOTAL: $ 360.00 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 24./t t e /fie e9= iga DEPARTMENT HEAD MAYOR February 2, 2011 ;121 61)(1 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY TRAVEL REQUEST LINE ITEM USED Ow) jl� 0100 /3'F r FY jr,vl' BUDGETED _ q&S 00 CITY OF WATERLOO EXPENDED YTD .DU THIS REQUEST / ) CO LEFT AFTER THIS REQUEST !f35.00 DATE 217) •�- - i t Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Aric SchroedeE City Planner February 2, 2011 NAME OF CLASS/ MEETING: DESTINATION: Waterloo, Iowa Main Street Board Lunches DETO IF NOTPAR WATERLOOUREPINT: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Jan-Dec 2011 PURPOSE OF TRAVEL/TRAINING: To attend the Main Street Board of Directors lunches monthly in 2011 WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010 08 5700 1345 LODGING TAXI x GRANT REIMBURSABLE $10.00 MEALS PARKING YES NO REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO $/0x 12mos TOTAL FOR ALL: $ 120.00 TOTAL: $ 120.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUB C P RPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL. 0 E CITY OF WATER 00 DEPARTMENT HEAD MAY R , o . 1j '9/ 11611 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY TRAVEL REQUEST LINE ITEM USED .;'/6) 72 g/UD /3 46 FY BUDGETED 90ll6.vO CITY OF WATERLOO EXPENDED YTD THIS REQUEST -j'/ at, LEFT AFTER THIS REQUEST /& DATE ,/1?{,,. 4t4J)/l Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Bob Osgood— Chief Plumbing Inspector 2/4/11 NAME OF CLASS/MEETING: DESTINATION: Cedar Falls, Iowa Mechanical Code Update 4 hour OSHA Mechanical Discipline Plumbing Code Discipline DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 2/9/11 (Mech Code/Discipline) 2/9/11; 2/12/11 &3/22/11 2/12/11 (OSHA) 2/9/11; 2/12/11 & 3/22/11 3/22/11 (Plumbing Code/Discipline) PURPOSE OF TRAVEL/TRAINING: Required Continuing Education Classes at Hawkeye Community College WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO $396.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ $396.00 TOTAL: $ $396.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE I APPROVE THIS TRAVEL REQUEST CITY OF WATERLOO DEPARTI II TENT HEAD MAYOR 42-11glit DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 1/G1 5/oo /346 TRAVEL REQUEST FY 21)l ii BUDGETED CITY OF WATERLOO 7(e g5,/ EXPENDED YTD /� THIS REQUEST //L• 00 LEFT AFTER THIS REQUEST //C/S F3 DATE 2%7v' ,.2-y'-;2"..)// Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: 2/4/11 Brian Baker, Chief Mechanical Inspector NAME OF CLASS/MEETING: DESTINATION: Cedar Falls, Iowa Plumbing Code &Discipline DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 3/22/11 3/22/11 3/22/11 PURPOSE OF TRAVEL/TRAINING: Required Continuing Education Class at Hawkeye Community College WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO $ 119.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 119.00 TOTAL: $ 119.00 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 / eke DEPARTMENT HEAD MAYOR 4-1 ig° 4 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED .'/(i .Z1 `/Do /3c1-(p TRAVEL REQUEST FY - ' BUDGETED 000.616 CITY OF WATERLOO EXPENDED YTD 70Z /7 THIS REQUEST /(pv,0e) LEFT AFTER THIS REQUEST /550,$3 DATE Mt" a2,7-2-0// Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: TIM MOYER, CHIEF ELECTRICAL INSPECTOR 2/7/11 NAME OF CLASS /MEETING: DESTINATION: DES MOINES, IOWA MECHANICAL INSP CERTIFICATION EXAM DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 2/16/11 2/16/11 2/16/11 PURPOSE OF TRAVEL/TRAINING: REQUIRED RESIDENTIAL MECHANICAL INSP CERTIFICATION EXAM WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO $ 160.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 160.00 TOTAL: $ 160.00 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 - 1 t_P DEPARTMENT HEAD MAYOR l /° DATE �I I « DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED ;!/'� „(& (14,2 1� /30 TRAVEL REQUEST FY _ . BUDGETED OS40 0 CITY OF WATERLOO EXPENDED YTD /aa3,/5 THIS REQUEST OILY LEFT AFTER THIS REQUEST //UgO,i/ DATE /)) ,2.k- .2Z0! Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Kent Shankle n_ AL Je N cd-f February 7 tIzAbet-1-, AN:3W(,us - Reg Ns )cut NAME OF CLASS/ MEETING: DESTINATION: Sarasota, FL DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 3/7/11 3/12/11 3/9-10/11 PURPOSE OF TRAVEL: Travel to return exhibition of works by Karl Zerbe to lender. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: P2o} ,e- ,2Co- S7za. OSG ESTIMATE OF COST: BUDGET LINE ITEM: 1-2/0,-* 477A96—/3y°6) 350 LODGING TAXI X GRANT REIMBURSABLE 180 MEALS PARKING YES NO REGISTRATION AIRFARE X REQUIRED CERTIFICATION 950 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1,480 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 ATE LOO , ,, 6L11 DEPARTMENT HE MAYOR 7/ / 7 D TE / t' DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED G 07 ii30 /3'/(p TRAVEL REQUEST FY6 ' BUDGETED _ j3(XJ,OV CITY OF WATERLOO EXPENDED YID o-Li& THIS REQUEST 5460,464 LEFT AFTER THIS REQUEST 23-I gO DATE Original- Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Wayne Castle February 9, 2011 Associate Engineer NAME OF CLASS/MEETING: DESTINATION: Ames, IA Society of Land Surveyors of Iowa Annual Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 10, 2011 March 11, 2011 March 10- 11, 2011 PURPOSE OF TRAVEL/TRAINING: To attend Society of Land Surveyors of Iowa Annual Conference 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: 266-07-7830-1346 $ 60.44 LODGING TAXI X GRANT REIMBURSABLE MEALS PARKING YES NO 220.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 280.44 TOTAL: $ 280.44 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 AlC � Cl avtty DEPARTMENT HEAD MAYOR February 9, 2011 c '1 (9V( DATE DATE rY K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED X(1 p TRAVEL REQUEST FY. " BUDGETED iarivw T000 -0 CITY OF WATERLOO EXPENDED YTD -• 7G�-7� THIS REQUEST 62/0.'0 ;4,)DD,/!l) LEFT AFTER THIS REQUEST $Obb NAME(S) AND POSITION(S): DATE: nerc Suzy Schares, City Clerk Original-Clerk/Finnnce Copy-Department Febivary y, wi NAME OF CLASS/MEETING: DESTINATION: Nashville, TN IIMC Annual Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 5-6-2011 5-13-2011 5-8-2011 to 5-12-2011 There will be no expense to the City for the additional days. I will pay for those myself. PURPOSE OF TRAVEL/TRAINING: To attend educational session to maintain my CMC and begin working toward my MMC WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Depending on airfare Waterloo, Cedar Rapids, X Moline 010-03-8900-1346- ESTIMATE OF COST: $500 010-03-8400-1346 BUDGET LINE ITEM: $2000 1100.00 LODGING 50.00 TAXI GRANT REIMBURSABLE 200.00 MEALS 50.00 PARKING YES NO 560.00 REGISTRATION 500.00 AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL 40.00 MISC/TOLLS YES NO TOTAL FOR ALL: $ 2,500.00 TOTAL: $ 2,500.00 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 1 � DEPARTMENT HEAD MAYOR K:\Shared Goodies\Forms\Travel Request Form January 2010 °2-/�( /70 C( DATE DATE !` FINANCE DEPT. STAFF ONLY LINE ITEM USED ✓( is / - /H(/ TRAVEL REQUEST FY BUDGETED , D��a.o0 CITY OF WATERLOO EXPENDED YTD THIS REQUEST ��, (/9 LEFT AFTER THIS REQUEST / 114'. 6-0 DATE ?1!' 2,y;�rJ/J Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Wayne Castle February 7, 2011 Associate Engineer NAME OF CLASS/ MEETING: DESTINATION: Ames, IA Iowa Water Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 7, 2011 March 8, 2011 March 7- 8, 2011 PURPOSE OF TRAVEL/TRAINING: To attend Iowa Water Conference 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: 521-07-7830-1346 $ 60.44 LODGING TAXI X GRANT REIMBURSABLE 35.00 MEALS PARKING YES NO 125.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 220.44 TOTAL: $ 220.44 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 &CC #4ga DEPARTMENT HEAD MAYOR February 7, 2011 c p 1 [9-°u1 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 BONDS FOR COUNCIL APPROVAL FEBRUARY 21, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000. 00 IA 594686 BURT CONSTRUCTION WATERLOO, IA IA 537837 DON GARDNER CONSTRUCTION CO. WATERLOO, IA IA 573467 EARNEST BENNETT WATERLOO, IA IA 593158 HAUPTLY CONSTRUCTION INC. WATERLOO, IA IA 509356 LEHMAN TRUCKING & EXCAVATING WATERLOO, IA IA 560043 PRAIRIE CONSTRUCTION CO. INC. WATERLOO, IA IA 593769 STICKFORT CONSTRUCTION CORPORATION CEDAR FALLS, IA IA 571754 WATCO CONSTRUCTION INC WATERLOO, IA 55-139158 YOUNGBLUT CONTRACTING, INC WASHBURN, IA IA 537809 YOUNG PLUMBING & HEATING CO. WATERLOO, IA . CITY OF WATERLOO , IOWA CITY ATTORNEYS OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319)291-4571 °'erl po � JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOEFEtc,Assistant City Attorney Mayor BUCK CLARK COUNCIL February 21, 2011 MEMBERS DAVID JON Ward/ y Ma or Buck Clark and Ward 1 City Council CAROLYN City Hall COLE Waterloo, IA 50703 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have examined the bonds filed with the City Clerk/Auditor's Office up to the QUENTIN M. close of business on February 17, 2011. HART Ward 4 Of the /0 bonds submitted, /0 were approved and v RON rejected, as shown on the attached list. WELPER Ward 5 Ve truly yours, BOB GREENWOOD At-Large Davi . Ze hoe er STEVE SCHMITT Assistant City Attorney At-Large DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer From: Sergeant Robert J. Greenlee III - Waterloo PD Public Resource Office To: Mayor Buck Clark and City Council Members Date: Friday, February 18, 2011 Subject: New liquor license violation for Club Fever at 313 West 5th Street During the first part of February 2011, the City Clerk's Office contacted the police department regarding a new application for Club Fever with new owners. The Clerk's Office informed the police department that the listed owners still owed a fine of$1500 to the city due to a second tobacco violation on 03-31-09 when they had the same location under the business name of Diamond Bar. The fine was paid on February 18th, 2011. On February 9th, 2011, the police department received a hard copy of a new liquor license for Club Fever at 313 West 5th St under the names of Damir and Fata Pajazetovic. In conducting a review of the application, the police department found the applicants indicated they had never been arrested, charged, indicted, received a deferred judgment, or been convicted of any crime within the State of Iowa or any other jurisdiction. In conducting a criminal history background of both listed owners, the police department found that one of the owners had two charges in their history. These were for Domestic Abuse Assault Causing Bodily Injury and for Allowing an Underage Person in a Prohibited Premise. The charge of Domestic Abuse Assault resulted in a finding of guilt and the Allowing Underage Person charge was dismissed on due to a plea bargain on another incident involving the Diamond Bar. The police also reviewed and found several violations for the Diamond Bar between January 2009 and January 2010. These consisted of three tobacco violations on 01-23- 09, 03-22-09, and 03-31-09. As a result of these violations, the above-mentioned fine was assessed against the Diamond Bar for a second tobacco violation. Five liquor laws violations were also found on 09-07-09, 09-26-09, 10-10-09, 12-04-09, and 01- 16-10. In each of these cases, minors were located at the location in violation of the local ordinance. In four of the five incidents, either an owner, manager, or an employee of the business was cited for violations such as; Minors in a Prohibited Place and Sale of Alcohol to Minors. There were also charges filed in these cases for other offenses including disorderly conduct, interference, harassment of a public official, and public intoxication. All but the charge against the owner (mentioned above) resulted in findings of guilty or adjudication. Members of the police department met with the owners on 10-28-09. Previous • violations were discussed and that no further violations would be tolerated. After receiving additional violations, on 12-16-09, members of the police department advised the owners, a recommendation of the denial would be made to the City Council on their upcoming liquor license renewal. An additional violation was then received on 01-16-10. The Iowa Alcoholic Beverages Division did take administrative action in one of the cases, resulting in a $500 fine. Prior to the ABD being able to act on other violations, the owners closed the Diamond Bar on 01-22-10 and further administrative action was not taken. Approved/Denied Online NEW RENEWAL EXPIRATION o2ll / 102 CLASS (t,t 1� U h c )!Ll�� aa`-C/L(42.1 PA., INSPECTION REPORT APPLICATION FOR BEER AND/OR LIQUOR PERMIT BUSINESS: 0- "`�6 ADDRESS: 3if) W- 5-771 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: V THIS ESTABLISHMENT IS CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F(FOOD CODE) THIS ESTABLISHMENT IS NOT CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F(FOOD CODE) APPROVED BY: I. • DATE: (20 / f441/4 FIRE MARSHALL COMM TS: 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 ABOVE MENTIONED ESTABLISHMENT AND REPORT THE FOLLOWING: DENIED APPROVED BY: r _ DATE: Z -- L t Z--eD STATUS COUNCIL ACTION: DATE: License Application ( ) Applicant Name of Applicant: Diamant LLC Name of Business(DBA): Club Fever Address of Premises: 313 W.5th St. City: Waterloo County: Black Hawk Zip: 50702 Business Phone: (319)232-1172 Mailing Address: 1202 Bertch Ave City: Waterloo State: IA Zip: 50702 Contact Person Name: Damir Pajazetovic Phone: (319)464-4074 Email Address: adooatriton@gmail.com Classification: Class C Liquor License(LC)(Commercial) Term: 12 months Effective Date: 02/01/2011 L!f 4 4 UT 4 Expiration Date: 01/01/1900 FJ Privileges: Catering Privilege Class C Liquor License(LC)(Commercial) Sunday Sales Status of Business BusinessType: Limited Liability Company Corporate ID Number: 285724 Federal Employer ID#applied Ownership Damir Pajazetovic First Name: Damir Last Name: Pajazetovic City: Waterloo State: Iowa Zip: 50702 Position Owner %of Ownership 50.00% U.S.Citizen Fata Pajazetovic First Name: Fata Last Name: Pajazetovic City: Waterloo State: Iowa Zip: 50702 Position Owner %of Ownership 50.00% U.S.Citizen Insurance Company Information Insurance Company: Founders Insurance Company Policy Effective Date: 02/01/2011 Policy Expiration Date: 02/01/2012 Bond Effective Continuously: Dram Cancel Date: Outdoor Service Effective Date: Outdoor Service Expiration Date: Temp Transfer Effective Date: Temp Transfer Expiration Date: ABD Licensing- Ownership Page 1 of 1 Ownership LC_V_32211, Club Fever, Waterloo After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. Corporate applicant's,list all shareholders having 10%or more interest in the corporation and all officers and directors of the corporation regardless of ownership interest Sole Proprietors shall also include their spouse even if the spouse owns 0%interest Non-profit corporations or associations need to list officers.Partnerships and Committees not registered with the Secretary of State office will need a trade name filing from their county recorder's office. Owners: Name Address Percentage Damir Pajazetovic 1202 Bertch Ave,Waterloo,IA,50702 50.00% View Fata Pajazetovic 1202 Bertch Ave,Waterloo,IA,50702 50.00% View 1 First Name: Damir Last Name: Pajazetovic Address: 1202 Bertch Ave Address Line 2: City: Waterloo State: ioa:a Zip: 50702 Position: Owner SS# :482-27-8534 U.S.Citizen: Date of Birth: 05/19/1 g65 %of Ownership: 50 OC% MMIDDIYYYY -- https://elicensing.iowaabd.com/Ownership.aspx 1/31/2011 .ABD Licensing - Ownership Page 1 of 1 • Ownership LC_V_32211, Club Fever, Waterloo After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. Corporate applicant's,list all shareholders having 10%or more interest in the corporation and all officers and directors of the corporation regardless of ownership interest.Sole Proprietors shall also include their spouse even if the spouse owns 0%interest.Non-profit corporations or associations need to list officers.Partnerships and Committees not registered with the Secretary of State office will need a trade name filing from their county recorder's office. Owners: Name Address Percentage Damir Pajazetovic 1202 Bertch Ave,Waterloo,IA,50702 50.00% View Fata Pajazetovic 1202 Bertch Ave,Waterloo,IA,50702 50.00% View 1 First Name: Fata Last Name: Pajazetovic Address: 1202 Burtch Ave Address Line 2: City: dda erl,o State: Ica'a Zip: 507C:2 Position: Owner SS# 482-27 253 U.S.Citizen: °"" Oci13/1S-37 Date of Birth __ _.._ %of Ownership MM/DD/YYYY https://eicensing.iowaabd.com/Ownership.aspx 1/31/2011 ABD Licensing - Criminal History Page 1 of 1 Criminal History LC_V_32211, Club Fever, Waterloo After completion click on the NEXT link to continue to the next screen, or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. Have you ever been convicted of a felony offense in Iowa or any other state of the United States? If yes, list on the next(Violations)screen. `fp Have any of the owners listed in the ownership screen ever 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. ';one If no arrests, indictments,summons or convictions are applicable select"NONE". https://elicensing.iowaabd.com/CriminalHistory.aspx 1/31/2011 ABD Licensing - Applicant Signature Page 1 of 1 Applicant Signature LC_V_32211, Club Fever, Waterloo Complete the information below and click Finish to complete the application Note that the license fees will only be withdrawn from accounts after the ABD approves the license. This application must be completed by a person listed in the Ownership Section. I hereby declare that all information contained in the Application is true and correct. I understand that misrepresentation of material facts in the Application is a crime and grounds for denial of the license or permit under Iowa law. I further understand that, as a condition of receiving a license, the licensed premises is subject to inspection during business hours by appropriate local, state and federal officials. NOTE:The Applicant's Name must match one of the owner's names from the Ownership screen. Applicant's Name: D3mir Cajs etovic Date: 04/26/20 11 MM/DD/YYYY Tentative effective date: 02101/201 1 MM/DD/YYYY You are ready to submit the application for your license to sell alcoholic beverages in the State of Iowa. By providing the following bank information; your account will be debited $2,028.00 for the payment of the license. https://eicensing.iowaabd.com/ApplicantSignature.aspx 1/31/2011 ABD Licensing - Dram Shop Certification Page 1 of 1 Dram Shop Liability Certificate of Insurance LC_V_32211 , Club Fever, Waterloo Complete the information below and click SUBMIT to endorse this New application. POLICY INFORMATION Reason for re-submittal: This is to certify: Founders Insurance Company Policy Number: EPIA1000 i 8 Assured: Dement. LLC DBA: Club Fever Address: 313'VI 5th St. Address Line 2: City: Waterloo State: !C.., Zip: 507:02 Policy Effective Date: 02/01/2011 MMIDD/YYYY iO' Expiration Date: 02/01/2012 MM/DD/YYYY CHECK LIST Outdoor Service Endorsement Policy Information Verified(if incorrect please contact the licensee) The above-mentioned policy of insurance(hereinafter policy)contains coverage to comply with the provisions of Iowa Code section 123. and all regulations of the Iowa Department of Commerce,Alcoholic Beverages Division.The policy may be canceled by the Company of the Assured giving 30 days notice in writing to the Alcoholic Beverages Division at its off Ankeny,Iowa.The 30 days notice will commence from the date notice is actually received by the division. Signature: Date: 01/31/2011 ,MM/DD/YYYY https://elicensing.iowaabd.com/DramShopCert.aspx 1/31/2011 APPLICANT I hereby declare that all information contained in the E-license Application is true and correct. I understand that misrepresentation of material fact in the Application is a serious misdemeanor crime and grounds for denial of the license or permit under Iowa law. tet-A ?A, ��/'C.0 x-�©Uf G c-7/s///.,/ Appiiicant's Signature Date NOTARY State of JG--, County of e� A (2' Signed and sworn to before me on l (-3 1 / I I Date By —Dkvittr PLZVIO ame of Applicant /i,eiet, t/�rl fl Signature of Notary ate )W --a-a vt 03 0 0 Zo) C--) 4' C) c) 10 0‘ 1 0 STATE EAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF ion lie 142 Charles P.Augustine ISBA#BL000015141 THIS FORM,CONSULT YOUR LAWYER Infomladon Charles P.Augustine,531 Commercial Street,Ste 700,Waterloo,(319)232-3304 Individual'.Name Street Address City Phone ,, ,a Address Tax Statement Dsunir Pajazetovic and Fate Pajazetovic SPACE ABOVE THIS LINE FOR RECORDER 1 4 313 West 5th St,Waterloo,IA t • REAL ESTATE CONTRACT- INSTALLMENTS �IT IS AGREED this day of ,by and between Eveland-Jordan Pix yn LLC of the County of Black Hawk ,State of Iowa,Sellers;and Damir Pajazetovic and Fate Pajazetovic,Husband and Wife of the County of Black Hawk ,State of Iowa,Buyers; That the Sellers,as in this contract provided,agree to sell to the Buyers,and the Buyers in consideration of the premises,hereby agree with the Sellers to purchase the following described real estate situated in the County of Black Hawk State of Iowa,to-wit - - The Southwest Forty-four(44)feet of Lot No.Five(5);and the Southwest Forty-four(44)feet of the Northwest Fifty (50)feet of Lot No.Four(4)in Block No.Eighteen(18)in the Original Plat on the West Side to the Cedar River,in teh City of Waterloo,Black Hawk County,Iowa together with any easements and servient estates appurtenant thereto,but with such reservations and exceptions of title as may be below stated, and certain personal property if and as may be herein described or if and as an Itemized list is attached hereto and marked"Exhibit A"all upon the terms and conditions following: 60OOD00 T.TOTAL PURCHASE PRICE.The Buyers agree to pay for said properly the tote of , . s due and payable at P.O.Box 1257,Waterloo Black Hawk County,Iowa ere follows: I.)DOWN PAYMENT di 10,000.00 RECEIPT OF WHICH IS HERESY ACKNOWLEDGED:and (b)BALANCE OF PURCHASE PRICE.00,000.00 e,foacea $10,000.00 at the time of execution of this contract by Buyers and the remaining$40,000.00,togther with interest thereon from September 1,2003,at the rate of 7%per annum to be computed monthly on the amount owing at the beginning of each respecctive interest computation period,in monthly installments of$792.05,or more at the option of the Buyers,on or before the first day of each month thereafter,beginning September 1,2003,until such sum and interest thereon shall have been paid in fish. • September �Buuuyeeaars,concurrently with due parpmara on their pert shell be entitled M poaeeeelm of sad premise.on the -Tr d & -.d `eptembes tjl.y ftl� ,2003 ;and thereafter so Imp as they shell pelam the obligations o We weed. a Buyers are tears mined ed m the rights a lessees and ere entitled'Minders therefrom on and ens date of poseesaon n Indala by'yes"In the wax Miming nD 5.TAXES.Sellers stall pay the general tax installment due September 30,2003. ad any afraid lens thereon payable In prim yeas.Buyers shall pay any tan not assented by Sedan and all etaapaarl twee hems same became delinquent.NAaowrr may be isea payment d a wend e for the payment said tams, d to eneaamaw,If ay, a M to evidence,earth year, all harieh the other parties evidence of payment of suds items not leer am Jury 15 eech year.Anyprordlon of fazes shall be based upon the taxes for the year cannily payable unless,the partl.s slab otherwise. (Dodds fa yourself.I ted formats la fair if Buyaa m purchasing a lot with rarely Wit impiwe,ne ds). 4.SPECIAL ASSESSMENTS. Sellars shall pay the.pedal assessments against this property: (a)Molt,If rat pea in to yea 2002 ,wand boom.dNlrquei and d.asas.marts payable pier thereto. fC)vAi..,we a a-.a_,__.ea of (c)Inducing all ravage d (Dale) were assessments for overage dhge heretofore massed by any maidpary having jurisdiction as of date of p a.eaeion Buyaa,.owe es eb ve stated slum pry ea subsequent spend eseeeemenb end charges before they became delinquent 5.MORTGAGE Ary mortgage or mmatbrmrm of a Smile mime agent the said poperty whet he Smithy paid by Sellers so as not to prejuca the Buyan equity herein Shond Shen tea to pay,Sayer.may pry any Suit Barr In default end shall receive credit on rid.Doreen for such sums so paid MORTGAGE BY SELLERS.Se An,pair mammon In 'Memel or eaelp,may,end hereby reserve the right Mat wry time morisaga their ngla We or'Merest In such premises an renew ew or adek any edaWg mortgage kr airy amount rat mwedrq 100 pas of to ten unpaid bdara of the purchase lease prim herein mended The Interest rate and ematiralon Mead ehd he no mere oerere then he Installment reyiranerna of his ranted Buyaa hereby ewressly maxi to such a rootage and agree to emote ad derive,at necessary papers to ad Sstims in nearing such a mortgage which chat be prim end paramount to any of Buyers'than righter In add property.DEED FOR BUYERS SUBJECT TO MORTGAGE If Steers have redeed to belaea d Eta anted to the net of en anent malage balance on add premises,they may d their option,ammo and epee to Fey and mortgage somrdng to Its lama,and subject to such mortgage shell receive a deed to said penises;or Sellers,at their option,any the before Buyers have made arch a mortgage commitment may redam or Pay elf such mortgage.ALLOCATED PAYMENTS.Buyers,M the wed of acquiring this property from an amity holder Imbed of a holder of the fee title,cr In the and of e Mortgage against said premise.,many,the right I reasonably necessary for their prbtedim to divide or allocate the payments to the Inbnaled pgrte,es their interests may appear,SELLERS AS TRUSTEES.Sellers agree that they will rolled no matey hereunder in mass of the moon of ha unpaid balance under Si,tans of tit contract ides to told amount of to encumbrance on the Interest of Sellers or their assigns In said real estate;and If Salim shall hereafter ailed or receive any moneys hereunder beyond aunt erred they Mal be araldered and held as mlbcdrg and receiving said money as the spat and trustee of the Buyaa for Si,tee and bangle of to Buyers. O The Iona Slate Br Association gent 10V44DOCS• 142 REAL ESTATE CONTRACT- tart-INSTALLMENTS Reprised ed January,2010 • .INSURANCE Except es may be otherwise Included In the lest sentence of paragraph 1(b)above,Buyers es rid from said dale of possession,shay constantly keep in bra fence,premiums therielore to be prepaid by Buyers(without notice or demand)against loss by lire,tornado and other hazards,murders end mnti genres es Sellers may ewnady wire on at holdings and improvements,now on or hereafter placed on seat prenesas and any personal properly which may be the eubled of 045 combed,In mmpperdes to be reasonably approved by Sellers in an amount not less than the full Insurable value of such Mlprovonents and personal property or not lees than the unpaid Rrnese prim herein wNchaver anent Is water with arch Insurance peyeNe to Sellers and Buyers rather Interests may Riper Sellers'Interest shell be protected In accordance with a A mdrd S Werype Ices payable dame.BUYERS SHALL PROMPTLY DEPOSIT SUCH POUCY VRTH PROPER RIDERS WR/t SELLERS for the firmer wary for the paymarq el the stenns herein mediated.In event of event any such casualty less,Sr.insurance proceeds may be used viler the supervision of the Sellers b moire orrepair the Ices H the Ra oeds be adequate;II tail,than same other reasonable a_boron d such funds shay be made;but in any eyed stet premeds shall Shand as stonily for be payment of the obligetim'e herein OF writla CARE mcce'hes Rert lornee t shell y aaeroM� Iee� bulldogs Improvements hike care hereafter Paced e and ze bledrrw6andldns Wyynthu ,roteewlinearemovtses e dung thleof t *ad.Boyers shall not makea y materialTo Npem .wMoutt permit add premises to be used for any Illegal purpose B.UEN9. No mdnria'Be,shell be Imposed Wan or bredad against to real eddy derzihed herein. B.ADVANCEMENT BY SELLERS.H Buyers fall to pry such taxes,pad@ assessments and Inell_u and effect nacelearysepera,as above agreed Sellers may,but need not, pry such taxes,speed eseeasmda,aauwe mce end mace necessary repro,end all suns so advanced Mall be due add payede an demand or such suns so advanced may,at ter' election of Sellers,be added to the rind-pal able due haeada and as waned(Fa Buyers'rights to endue advanceme b,One paragraph 5 dove.) In.JOINT TENANCY IN PROCEEDS AND SECURITY RIGHTS IN REAL ESTATE If and sty If,the Sellers Immedetely amercing Pis We hold the ate to he above described pepaly n land lemon,and such loiml gravy tees rd late ben or Toyed by opeatm d law a W sub d the Sellers,tale"ins abet no(wvM.ouch dealmdi,n rd ter Romeds d tlis mrmsa ed any aetevent reaphad one d Sehjoi n wd red wMe.shall be ea ardhae In Salle o5 ilea contract with riphh of suMvonNp and rot as St n common and Buyers,n Sr.b evco d the death b as d 14bdnt tern, b pry eery bdree d the geode hi went to the aummng Salo(or Sailers) ad b accept deed eddy from him a tyro consistent with parepreph 14 below Ideas end-accept Wa paragraph is abide,from Tie egneaflat 11.SF11 Pat. Spouse,1 not titleholder knmdatey meaning this sale,shell be presumed to have executed this instrument only for the,purpose at reingdaHng all rights of dower,homestead and distributive share motor n compliance with scorn 561.13 Code of Iowa; th;ande use of the word'Sallee'In the minted portion of this centred without mac.der not laird etch prrmy'n,nee n.ere wry siege a Said to prewar interest of such spouse In said property,a n the see pomade nee bid such spoors except @s aaTMld b the loons end Ti a this cored 12.TIME IS OF THE ESSENCE Time Is of the essence in We Agreement Fran to promptly assert rights of Setae herein shall rat,however,be weber of such rights or a wales of ry rdsny or subsequent dafdL rn13.EXCEPTIONS��T�O WARRANTIES O(Fo�TITLE The warrantee of We'n any Deed made pwuar b this costliest((Sew pale lnph 14)shall be without resem1n orl this dcontraq )ESated s2 give Special Urn*'es Such to the period Nr smart.tctive covenants as may be he Wises b BuyehEm Easements H not' der. Ino JJon t wry ran by paragraphs of t he deed unless otherwise stipulated (o) (Mineral resevafiaa of record?) Cn) (Lau'F) (Eesemards not recorded?) (Interests of other parties?) (Lessees?) 14,DEED AND ABSTRACT BILL OF SALE If all said suns of money and Wrest re paid to Sated during the MN of this contract and at Sher agreements for performance by Buyers here been=Woof with Sellers wE execute and deliver to Buyers a Special warranty. Vinery Deed ocnv vevtn i said premises n fee a µzeuad wk end In conformity vath he contract End Sellers wil,the Doormat paentt to s pan*m loxes late Br this lime Meriiverdan boa standards tea Isl Madre en read ser merchereabe t nib plod of ebetrem'no)to sad praisuch es and smor Mlll begin show Btle throb in Satire es of Be data of Cis bread a ea of ash artier Nan N end as designated in the red sentence The mbar supersedes the predate lateen offer of Boyers to buy the dove Seated ppr ly which ywas mewled by Seders a to day of operation Sellers shag der peen the cods abstracting beeopek.ad oeee by Buyers,Sell th the lat affairs dead a&Ili a change ee sensate with the terms of Ws extract If Mal papery Is on DM such Pawed properly PeYrble in ,end all row thereon payable pia train 15.APPROVAL OF ABSTRACT. Buyers have examined the ebmed of we to this properly and sod,'abed Is anesptd. 16.FORFEITURE H Buyers la)W b male the palmist aforesaid,a sew pat Seer,w same become de,or(b)fall Iv pit the trees a special assessment,a stages,or prat tract,levied upon_ d property,a assessed owns B,by ay tree body before any d andh lame become delinquent a()tel a keep the property insured a(all fall totoykan N In reasonable war es Iran ngweit or(e)Fell to Pnornh my d the egreemaae as herein made or required then Sallee In ddbon to ,end ell other legal ad • labia nodes which they m have,d their opbn may proceed to forfeit and card this contract as provided by lee(Chapter B56 Code d Iwn�pon ample0n of such forfeiture Buyers shall have no ripayht d reclamation or compenealn tar marry Feld,a krroeonmwda made;but such payments arty Pa improvemenuch ts If hr e Waned ay rest ' keg by Sr..as mrpaalan la to Om d said pcpdy,endle es upwuldatd derwps b breach of We contract;find upon peacefully aloe Buyers, other w y be Be persons al as tenants hhooldinYg�alwavwMMafter the e arm of lease,end may pony a be oust pates th ed and remslon oved asas such es fronded by lawtlrabvn,a albnq b do 17.FORECLOSURE AND REDEMPTION. H Buyers tel b Smell)perform tits monad,Setiere,et oak option,may red to declare le entire balance immediately due end payable alter endl nobea,a any,re may be rewind by Clatter Fi54.The Code.Thereafter lie centred may be foreclosed In rally end the coal may appoint a receiver to tau modals possession of the amxdy and of the revenues and Mann accruing therefrom and to red or uAhvele the same as the recover may deem best for the Merest of al parties m,anwd and such mother Mal be liable to amount to Buyers only for the net profits,elsr sppiafbn of rents,Issues and profits Iran the costa end ewanaee of the remlvMMp end/wetlave and won Sr.crawl otlgeNon h le agreed that H this Sonbad coven lees than do(10)acres of lard,and In the event of the foreclosure of Ws centred and sale of the property by sheriffs sale in such • foreclosure. prnoeedria to time d one year Ice n Oorn d sale provided by the Makes d the State of lows shall be reduced to six(6)months provided the Sellers,in ouch actin tie an Neon b waive wry daleencY Wand Boyd,which may arise out of to terdosre pomading,all to be cones-tent with the provisions d Chapter 62B d the Iowa Cole H the n period Is w b to first thee p)nrkhe err sale sun right d redmptn she be exclusive to to Byers,and to time periods in Section 628.5,62615 end COLTS d to Iowa Code shell reduced b for(4)musts. I Is further aped that the paid of redemption after a Taedwe of he atthcontract Mel be reduced to caddy(W)dry,H by d the Brea paver.weary ea develop.(1)The reel estate Is less than ten(1)ass n roe Cnd to Court finds affirmatively that the said reel sable has been abandoned be owners end those pawns w a rot babe under Ws contract rem lime of such e;and(3)Sellers In tech ectn file anelecelectionto waive any defidnp judgment against Buyers or then successor In Interest In Duchado if the redemption periodts Is w reduced,Byrne or their euowssa In interest a the came sal have the wdw right to redeem for the first W rty(30)days ale such see, and in Bee prodded entry by redemption non prpyy Buyer. b proddedme n Section BtieS.628.15 and t ahe d the leery Code de be Period to forty ens40)daysstem Etna d w e rrxe by peering or docket r4Y ae n bld(d Buyers r be construed Net t e wroha Manatee e M aMdvter rwdy such mplierreprodsi n�,onidareduIIn Claps 626 of with loots ssCCdeprwlalere of Chapter RS d ter kern Code.This PerBxrPh shill not b can Wd b GmH a ea affect ay other 18.ATTORNEYS FEES.In use of row din en in toy proceedWe n any Carl to mead any suns payable or seared herein,or to protect to ten or Ste herein of Sailers,or In any Other reasonable attorneys'pe hoc by Ism In which attorney'a lees may be collected from Buyers,a Imposed upon them,or Won the above described property.Buyers agree to pay 19.INTEREST ON DELINQUENT AMOUNTS. Ober party wet pay Interest at the highestl�cored rate applicable toe natural person to the othern dm eoob herein as and after they became delnpeY*wile on cosh modestly odesty advacd by eitherpoly polust to to ems of this contract,e,paeace debasements. 20.ASSIGNMENT. In cassee of the @saUnnrbeed of off Ida aaMct by ether of the pates, mmpt notice shell ban gran to Sn other parties,wM shell d the time s such notice be u�plwi rot.iirgi M to Wr�tyb QYs rbwsl�hPra My such assignment shr d terminate the hardly d the assignor to perform,unless a specific release In vetting 21.PERSONAL PROPERTY. H Si,cited includes the sale of any personal property,than In the eves of to forfeiture or bredoetae of Ws contract such property shall be oonsIdeed notrltiNe win to rot aside stove dssalped end any such lamination of Byen'rights In sad real erre Mel concurrently operate as the forfeiture or foreclosure Fored against N axed person@ property. 22.CONSTRUCTION. Words and Masses herein including acknowledgements ementtss hereof,word'Sellers." Sll mconewd as In the singular or plural number,and as masculne,feminine or neuter gender, to the mrel cticn 23.RELEASE OF RIGHTS. Each of he Buyyerss hereby rebepis es Sl rights of dower,homestead and ddiLune share In and to the property end waves all fights of cremation . Se to my or the property. 24.LEAD-RASED PAINT NOTICE.H applicable,see attached Disclosure of informal/co on Lead-Based eidlo Lead-Based Pen Hazards. 25.SPECIAL PROVISIONS. See attached Exhibit A • I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF • CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION-FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRAC Dated: 8(o.-3 —7 Dated: , Eamled Sr dWlIwte'a fi•.�-yy,• lt r T• L.L.C. EXlane 1 •r • co0Jl2 C.l(a 1' '(C, -,<7"9 riC Scott Jordan,Man_'%at.and Member DDs Pajazetovic SELLERS Fata Pajazetp'& BUYERS P.O.Box 1257 1202 Bertch Ave.,Waterloo,IA 50702 Waterloo,IA 50704 BUYERS'ADDRESS SELLERS Anne•s8 STATE OF IOW4 BLACK HAWK COUNTYtli .a//cf�/,/.� u� _ . O� . This instrument was do meldgod before me onna x •�" T by, Scott Jordan,as Manager and Member of Eveland Jordan Plaza,L.L.C.,and Damir Pajazetovic and Fata Pajazetovic,husband and wife. KARA A.SIEBEty ,° ,Notary ergo 'JMMISSION NO.7227"s „--), i Ir`y COMMISSION UNE 06, 2006 �EXPIRES From: Sergeant Robert J. Greenlee III - Waterloo PD Public Resource Office To: Mayor Buck Clark and City Council Members Date: Friday, February 18, 2011 Subject: New liquor license violation for Club Fever at 313 West 5th Street During the first part of February 2011, the City Clerk's Office contacted the police department regarding a new application for Club Fever with new owners. The Clerk's Office informed the police department that the listed owners still owed a fine of$1500 to the city due to a second tobacco violation on 03-31-09 when they had the same location under the business name of Diamond Bar. The fine was paid on February 18th, 2011. On February 9th, 2011, the police department received a hard copy of a new liquor license for Club Fever at 313 West 5th St under the names of Damir and Fata Pajazetovic. In conducting a review of the application, the police department found the applicants indicated they had never been arrested, charged, indicted, received a deferred judgment, or been convicted of any crime within the State of Iowa or any other jurisdiction. In conducting a criminal history background of both listed owners, the police department found that one of the owners had two charges in their history. These were for Domestic Abuse Assault Causing Bodily Injury and for Allowing an Underage Person in a Prohibited Premise. The charge of Domestic Abuse Assault resulted in a finding of guilt and the Allowing Underage Person charge was dismissed on due to a plea bargain on another incident involving the Diamond Bar. The police also reviewed and found several violations for the Diamond Bar between January 2009 and January 2010. These consisted of three tobacco violations on 01-23- 09, 03-22-09, and 03-31-09. As a result of these violations, the above-mentioned fine was assessed against the Diamond Bar for a second tobacco violation. Five liquor laws violations were also found on 09-07-09, 09-26-09, 10-10-09, 12-04-09, and 01- 16-10. In each of these cases, minors were located at the location in violation of the local ordinance. In four of the five incidents, either an owner, manager, or an employee of the business was cited for violations such as; Minors in a Prohibited Place and Sale of Alcohol to Minors. There were also charges filed in these cases for other offenses including disorderly conduct, interference, harassment of a public official, and public intoxication. All but the charge against the owner (mentioned above) resulted in findings of guilty or adjudication. Members of the police department met with the owners on 10-28-09. Previous violations were discussed and that no further violations would be tolerated. After receiving additional violations, on 12-16-09, members of the police department advised the owners, a recommendation of the denial would be made to the City Council on their upcoming liquor license renewal. An additional violation was then received on 01-16-10. The Iowa Alcoholic Beverages Division did take administrative action in one of the cases, resulting in a $500 fine. Prior to the ABD being able to act on other violations, the owners closed the Diamond Bar on 01-22-10 and further administrative action was not taken. 0 CITY OF WATERLOO , IOWA 111Tm COMMUNITY PLANNING AND DEVELOPMENT �� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rbz \ NOEL C.ANDERSON,Community Planning&Development Director Council Communication BUCK or City Council Meeting: February 7, 2011 CLARK Prepared: February 2, 2011 q2,1bb It Dept. Head Signature: Aric Schroeder, City Planne> # of Attachments: 6 COUNCIL MEMBERS SUBJECT: Request to set a date of public hearing for a request by the City DAVID of Waterloo to vacate a 60'x 465' unopened portion of Regent Street, and 60'x JONES 425' unopened portion of Campbell Avenue directly to the west of the ward 1 intersection of Campbell Avenue and Alice Avenue. CAROLYN COLE Submitted by: Aric Schroeder, City Planner Ward 2 HAROLD Recommended City Council Action: Approval GETTY Ward 3 Summary Statement: The City of Waterloo is requesting to vacate a 60'x 465' QUENTIN unopened portion of Regent Street, and 60'x 425' unopened portion of Campbell HART Avenue directly to the west of the Waterloo Dog Park. The total area to be vacated Ward 4 is 53,400 SF. It was discovered by the Engineering Department when writing the legal description for the Waterloo Dog Park, that these particular portions of RON Regent Street and Campbell Avenue have never been opened for vehicular use, and WELPER Ward 5 will never be opened due to the nearby flood control levy that crosses over portions of the right-of-way in question. The streets should be vacated to remove BOB these portions of unused right-of-way from the City Street Index, and it would GREENWOOD appear doing so would not have a negative impact upon the surrounding area, and At-Large create a more accurate and up to date City Street Index. Once vacated, the City STEVE will still retain ownership of the parcels. SCHMITT At-Large Please find attached to this letter a legal description of the area to be vacated,staff report,plat map, aerial photograph, and site photographs. Therefore, we would ask that the City Council set a date of public hearing and publish and official notice pertinent to the request to vacate a 60'x 465' unopened portion of Regent Street, and 60'x 425' unopened portion of Campbell Avenue directly to the west of the intersection of Campbell Avenue and Alice Avenue. Expenditure Required. None. Source of Funds: CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 11111 An Equal Opportunity/Affirmative Action Employer Policy Issue: Right-of-Way Alternative: Background Information: The right-of-way in question was first platted for future streets to be extended in this area before construction of the flood control levee along Black Hawk Creek, however, since the levee has been constructed,the right-of-way is no longer needed. Cc: Noel Anderson, Community Planning&Development Director Eric Thorson, City Engineer Dennis Gentz,Assistant City Engineer --file-- 47 July 7,2009 REQUEST: REQUEST BY THE CITY OF WATERLOO TO VACATE A PORTION OF RIGHT OF WAY FOR CAMPBELL AVENUE AND REGENT STREET JUST WEST OF THE INTERSECTION OF CAMPBELL AVENUE AND ALICE AVENUE. APPLICANTS: City of Waterloo,715 Mulberry Street, Waterloo,Iowa 50701 GENERAL DESCRIPTION: The City is requesting to vacate a 60'x 465' unopened portion of Regent Street and 60' x 425' unopened portion of Campbell Avenue in an effort to remove platted streets that have never been paved and will never be opened. IMPACT ON NEIGHBORHOOD: It would appear that the request to vacate would not negatively affect the neighborhood. TRAFFIC CONDITIONS: The proposed vacate would not appear to negatively impact traffic in the area,as the remaining parcel is not needed for present or future right-of-way needs. UTILITIES: There are no utilities in the area to be vacated. RELATIONSHIP TO PLAN: The area to be vacated is located in the Mixed Residential District as defined by the Land Use Map. It is also located in the Primary Growth Area as defined by the Growth Area Map and the Comprehensive Plan. STAFF ANALYSIS: The total area to be vacated is 53,400 sq ft.The Engineering Department in righting legal descriptions for Dog Park at the corner of Ansborough and Campbell, found that these portions of Regent Street and Campbell Avenue have never been open and will never be opened due to the levy and Dog Park.Therefore,there is a need to remove from the City Street Index and map to eliminate any confusion for motorist and emergency personnel.The request would not appear to have a negative impact,and in fact would be a positive impact by creating a more accurate and up do date Street Index that accurately reflects streets that are in existence STAFF RECOMMENDATION: It is recommended that the request to vacate the portions of Regent Street and Campbell Avenue be approved for the following reason(s): 1. The request to vacate would appear not to have an adverse affect on the neighborhood or traffic and is not needed for right-of- way. 2. The Engineering Department determined that this street would never opened due to the levee and Dog Park Therefore;need to remove from the City Street Index and map to eliminate any confusion for motorist and emergency personnel. 3. The request would not appear to have a negative impact,and in fact would be a positive impact by creating a more accurate and up do date Street Index that accurately reflects streets that are in existence °'' . Request by the City of Waterloo to Vacate a ,4 h ,,4::' ' .:� Portion of Campbell Street and Regent Street } ,� ham{ - � }.. :'�s `fit,+a �� + a Z ... Y k "'\R p 4 ' '.'a ,5.. s 2V ,' H� t p c _ *44 �l is R.. { ,41' # r. r,2. # . . k4 i i 4 Streets Proposed tobe Vacated 1 i Campbell Ave .J • a p iiri '. . _ _ > Hdlywood Ave , .1,..- E., ,; 1 r ., ..:. , ,t, . _Fr_ 1, 4, Carrington Ave .r r ��� . .,,A 1 2O - 1270 100 0 R10 "fir-. `` i iFrt 49 Dog Park Vacations Vacate all of the 60'wide right-of-way of Regent Street as platted in Lewis Miller's Small Farms, except that part already vacated as per Ordinance No. 2887(dated May 9, 1977): all in the City of Waterloo, Black Hawk County, Iowa. Vacate that portion of the 60'wide right-of-way of Campbell Ave that lies West of the Northerly extension of the East line of Lot 50 Lewis Miller's Small Farms,all in the City of Wateiloo, Black Hawk County, Iowa. 50 Request to Vacate portion of Campbell Avenue and Regent Street 34- /32, '3z' 0 (vacated) KINGSLEY AVE. • SMALL FARMS • rea to be acated 1 6 37 38 39 40 11 V { Z W t7 W /oi /32' /31' /32' CAMPBELL area to be AVE. ,p vacated m G-2 51 City of Waterloo Planning&Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 / (319) 291-4366 lia Offer to Vacate ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property Applicant:ef d Ler tame/co Address: !I F'IW Phone No.:.7}/-cf,�,. General Description of Property to Vacated(i.e.-alley between A St.& B St.,South of C St.): Et --�j Legal description of area to be conveyed,vacated,or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Dollar($100.00)Filing Fee • Easement or sidewalk vacation,or Encroachment-Fifty Dollar($50.00)Filing Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy--One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: /V Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the arca to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council mentber. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a si .Ian and/., a-r.. p . of the area to be vacated if the request involves additi.... cons. r-:o. . ,t. reaso or requ Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 52 Right-of-way Vacate — Campbell Avenue and Regent Street • o-x y $ m, Standing on Campbell Avenue looking Looking at the barrier signs at the west towards the portion of Campbell intersection of Campbell Avenue and Avenue to vacated starting at the grove of Alice Avenue. trees and continuing to the west. s • l,. Standing west of the intersection of Campbell and Alice Avenues, looking towards the west where Regent Street would be if it were constructed. The flood control levee is directly behind the trees I do solemnly swear that the annexed copy of legal STATE OF IOWA, } City of Waterloo Hearing—Regent St. and Campbell Ave. Black Hawk Count SS Notice was published in the Waterloo-Cedar Falls 3' Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 17th day of February, 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 correct bill for publishing said notice. Printer's Bill $14,76 Signed NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 21st day e February,2011, 5:30p.m.,in Subscribed and sworn to before me this the CouncilCity Chambers in the City Hall in the City of Waterloo,-lows,a public hear- ing will be held by the Council of the City of Waterloo,Iowa,to vacate a 60'x 465' A unopened portion of Regent Street,and Day ofC A.D., 20 I( 60'x425'unopened portion of Campbell Avenue directly to the west of the inter- trw ^<s SUE ,f`g pt tl_M1 �-ry section of Campbell Avenue and Alice �, a ALA L Avenue,described as follows: z., COMMISSION NO.761976 All of-the 60'wide right-of-way of Regent a +Y Y �r9�if$$I N EXPIRES Street as platted in Lewis Miller's Small n(6�(y j Farms,except that part already vacated r " as per Ordinance No.2887(dated May Notary Public 9,1977);all in the City of Waterloo,Black Hawk County,Iowa. That portion of the 60'wide right-of-way of Campbell Avenue that lies West of the Northerly extension of the East line of Received of Lot 50 Lewis Miller's Small Farms,all in the City of Waterloo,Black Hawk County,. Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. the sum of By order of the Council of the City of W a- l . terioo this 7th day of February,2011. Suzy Schares • City Clerk Dollars. In full for publication of the above notice. ORDINANCE NO. 5027 AN ORDINANCE VACATING A 60' X 465' UNOPENED PORTION OF REGENT STREET AND 60' X 425' UNOPENED PORTION OF CAMPBELL AVENUE DIRECTLY TO THE WEST OF THE INTERSECTION OF CAMPBELL AVENUE AND ALICE AVENUE, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows : All of the 60' wide right-of-way of Regent Street as platted in Lewis Miller' s Small Farms, except that part already vacated as per Ordinance No. 2887 (dated May 9, 1977) ; all in the City of Waterloo, Black Hawk County, Iowa. That portion of the 60' wide right-of-way of Campbell Avenue that lies West of the Northerly extension of the East line of Lot 50 Lewis Miller' s Small Farms, all in the City of Waterloo, Black Hawk County, Iowa; shall be, and the same is hereby vacated. INTRODUCED: February 21, 2011 PASSED 1st CONSIDERATION: February 21, 2011 PASSED 2nd CONSIDERATION: February 21, 2011 PASSED 3rd CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this 21st day of February, 2011 . -;7/ 6g-If Ernest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5027, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21s day of February, 2011 . Witness my hand and seal of office this 21st day of February, 2011 . 1Aae LL) SEAL uzy Sc ar , CMC City Clerk ORDINANCE NO. 5027 AN ORDINANCE VACATING A 60' X 465' UNOPENED PORTION OF REGENT STREET AND 60' X 425' UNOPENED PORTION OF CAMPBELL AVENUE DIRECTLY TO THE WEST OF THE INTERSECTION OF CAMPBELL AVENUE AND ALICE AVENUE, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows : All of the 60' wide right-of-way of Regent Street as platted in Lewis Miller' s Small Farms, except that part already vacated as per Ordinance No. 2887 (dated May 9, 1977) ; all in the City of Waterloo, Black Hawk County, Iowa. That portion of the 60' wide right-of-way of Campbell Avenue that lies West of the Northerly extension of the East line of Lot 50 Lewis Miller' s Small Farms, all in the City of Waterloo, Black Hawk County, Iowa; shall be, and the same is hereby vacated. INTRODUCED: February 21, 2011 PASSED 1st CONSIDERATION: February 21, 2011 PASSED 2nd CONSIDERATION: February 21, 2011 PASSED 3rd CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this 21st day of February, 2011 . Li*7 E nest G. Clark, Mayor ATTEST: uzy -Sseia es, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5027, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of February, 2011 . Witness my hand and seal of office this 21st day of February, 2011 . 'SEAL Suzy S ares, CMC j _ City Clerk • IUXJ4i17 NORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY,ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA A NATURAL GAS SYSTEM TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS. BE IT ENACTED by the City Council of the City of Waterloo, Iowa: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the"Company," and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect,maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City," a gas-distribution system, to furnish natural gas along, under, and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell natural gas to the City and its inhabitants. For the term of this franchise the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a ten(10)year period from and after the effective date of this ordinance. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2009 or as subsequently amended or changed. The Company agrees that it will exercise all rights and privileges granted hereunder in compliance with applicable federal, state and local laws, rules and regulations. Section 3. The Company shall, after advance notice to the City(except in the case where Company has determined an emergency exists, in which case Company shall provide such notice to City as soon as reasonably possible), have the right to excavate in any street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits, and other facilities provided that same shall be so placed as not to unreasonably interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom,which have been or may hereafter be located by authority of the City. Section 4. In accordance with Iowa law,including but not limited to Company's tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended("Tariff"),the Company shall,at its own cost and expense,locate and relocate its existing facilities or equipment in,on,over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of 1 facilitating the construction,reconstruction,maintenance or repair of such street or alley. Notwithstanding the foregoing,the Company shall have no responsibilities under this Section with respect to facilities located in private easements(whether titled in Company exclusively or in Company and other entities). The City and the Company shall work together to develop a suitable alternative route or construction method so as to eliminate or minimize the cost and expense to the Company of relocation of Company installations. If the City determines, in its sole discretion, that a reasonable alternative route for the street, alley or public improvements or an alternative construction method is available which would not cause the relocation of the Company installations, the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested, the City shall provide, at no cost to the Company, copies of the relocation plan and profile and cross section drawings. If tree removals must be completed by the City as part of the City's project and are necessary whether or not utility facilities must be relocated,the City at its own cost shall be responsible for said removals. If the timing of the tree removals does not coincide with the Company facilities relocation schedule and the Company must remove trees that are included in the City's portion of the project, the City shall either remove the trees or reimburse the Company for the expenses incurred to remove said trees. If project funds from a source other than the City are available to pay for the relocation of utility facilities,the City shall attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation. Section 5. In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits or apparatus,the Company shall not unreasonably obstruct the use of the streets, and shall replace the surface, restoring it to the condition as existed prior to Company's excavation. In the event that multiple parties make excavations in connection with the same project,the Company will be responsible to restore and replace all areas that it excavated and to take reasonable steps to coordinate its activities with such other parties. The Company shall not be required to restore or modify public right-of-way, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition. Company agrees any replacement of road surface shall conform to current City code regarding its depth and composition. Section 6. Action by the City to vacate a street, avenue,alley,public ground or public right-of- way shall not deprive the Company of its right to operate and maintain existing facilities on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, 2 alley or public ground where the Company has natural gas facilities in the vicinity, the City shall provide Company with not less than sixty(60) days advance notice of the City's proposed action and, upon request, grant the Company a utility easement covering existing and future facilities and activities. If the City fails to grant the Company a utility easement for said facilities prior to abandoning or vacating a street, avenue, alley or public ground, the City shall at its cost and expense obtain easements for existing Company facilities. Section 7. The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous five years. Section 8. Pursuant to relocation of Company facilities as may be required by Sections 3, 4, 5, 6, and 7 hereof, if the City orders or requests the Company to relocate its existing facilities or equipment in order to facilitate the project of a commercial or private developer or other non-public entity, the City shall reimburse the Company or the City shall require the developer or non-public entity to reimburse the Company, for the cost of such relocation as a precondition to relocation of Company's existing facilities or equipment. The Company shall not be required to relocate in order to facilitate such private project at its expense. Section 9. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs, expenses, or attorneys' fees incurred on account of injury or damage to any person or property,to the extent caused or occasioned by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the natural gas facilities authorized by this franchise;provided, however,that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents. Section 10. Upon reasonable request the Company shall provide the City, on a project-specific basis, information indicating the horizontal location,relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in city right of way ("Information"). The Company and City recognize the Information provided may,under current Iowa law, constitute public records,but that nonetheless, some of the Information provided will be confidential under state or federal law or both. Therefore, the City shall give notice to Company at least 15 days in advance of any proposed release of Information in order for the Company to seek an injunction of other appropriate action to protect the confidentiality of the Information. The Company 3 shall cooperate with all requests of City to identify that portion of the Information that is not to be disclosed. The City shall not be liable for the disclosure of any Information which the Company did not indicate to be confidential. Section 11. The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law. Section 12. During the term of this franchise, the Company shall furnish natural gas in the quantity and quality consistent with and in accordance with the applicable regulations of the Iowa Utilities Board and the Company's Tariff. Section 13. There is hereby imposed upon and shall be collected from persons located within the corporate limits of the City who are retail natural gas customers of the Company receiving service pursuant to the Tariff, a franchise fee of the gross receipts from each revenue class as set forth below, minus uncollectible amounts, derived by the Company from the delivery and sale of natural gas to such customers. The Company shall remit such franchise fees to the City within sixty(60) days of collection. • Residential Customers zero ( 0)percent • Commercial Customers zero ( 0 )percent • Industrial Customers zero ( 0 )percent • Public Authority Customers zero (0 ) percent • Distribution(Transportation) Customers zero ( 0)percent Section 14. The City may, as allowed by Iowa law, exempt certain types or classes of sales from imposition of the franchise fee, or modify, decrease or eliminate the franchise fee. The City does therefore exempt the customer classes or customer groups shown below from paying franchise fees. • Customer classes initially exempted by the City: none. The City reserves the right to cancel any or all the franchise fee exemptions and also reserves the right to grant exemptions to additional customers or customer classes in compliance with Iowa law and Section 15 of this ordinance. Section 15. The City agrees to modify the level of franchise fees imposed only once in any 24- month period. Any such ordinance exempting certain types or classes of customers, increasing, decreasing, modifying or eliminating the franchise fee shall become effective, and billings reflecting the change shall commence, on an agreed upon date which is not less than sixty(60) days following written notice to the Company by certified mail. The Company shall not be required to implement 4 such new ordinance unless and until it determines that it has received appropriate official documentation of final action by the city council. Section 16. The City recognizes the administrative burden that collecting franchise fees may impose upon the Company and that the Company requires lead time to commence collecting said franchise fees. The Company will commence collecting franchise fees on or before the first Company billing cycle of the first calendar month that is ninety(90) days after receipt of information required of the City to implement the franchise fee, including the City's documentation of consumers subject to or exempted from the City-imposed franchise fee. The City shall provide the information and data required in a form and format reasonably acceptable to the Company. The Company will, if requested by the City, provide the City with a list of premises considered by the Company to be within the corporate limits of the City. Section 17. The City shall be solely responsible for identifying customers subject to or exempt from paying the City imposed franchise fee. The City shall be solely responsible for notifying Company of its corporate limits, including, over time, annexations or other alterations thereto, and customers that it wishes to subject to, or to the extent permitted by law, exempt from paying the franchise fee. The City shall provide to the Company, by certified mail, copies of annexation ordinances in a timely manner to ensure appropriate franchise fee collection from customers within the corporate limits of the City. The Company shall have no obligation to collect franchise fees from customers in annexed areas until and unless such ordinances have been provided to the Company by certified mail. The Company shall commence collecting franchise fees in the annexed areas no sooner than sixty(60) days after receiving annexation ordinances from the City. Section 18. The City shall indemnify the Company from claims of any nature arising out of or related to the imposition and collection of the franchise fee,to the extent such claims arise from or relate to the negligent acts or omissions, or the willful misconduct, of the Company, its officers, employees or agents. Section 19. The Company shall remit franchise fee revenues to the City no more frequently than on or before the last business day of the month following each quarter as follows. • January, February and March • April, May and June • July, August and September, and • October,November and December 5 The Company shall provide City with written notice at least thirty(30) days in advance of any changes made in this collection schedule, including any alterations in the calendar quarters or any other changes in the remittance periods. Section 20. The City recognizes that the costs of franchise fee administration are not charged directly to the City and agrees it shall, if required by the Company, reimburse the Company for any initial or ongoing costs incurred by the Company in collecting franchise fees that the Company and the City, as a result of good-faith negotiation, deem to be in excess of typical costs of franchise fee administration. Section 21. The Company shall not, under any circumstances, be required to return or refund any franchise fees that have been collected from City customers and remitted to the City. In the event the Company is required to provide data or information in defense of the City's imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers, the City shall reimburse the Company for the reasonable and necessary expenses incurred by the Company to provide such data or information. Section 22. The obligation to collect and remit the fee imposed by this ordinance is modified or repealed if: 1. Any other person is authorized to sell natural gas at retail to City consumers and the City imposes a p franchise fee or its lawful equivalent at zero or a lesser ra te than provide d in this P ordinance (in either instance a"Lesser Fee"), in which case the obligation of Company to collect and remit franchise fees shall be modified to match the Lesser Fee on the effective date of the other entity's franchise fee or ordinance.; 2. The City adds additional territory by annexation or consolidation and is unable or unwilling to impose the franchise fee upon all persons selling natural gas at retail to consumers within the additional territory, in which case the franchise fee imposed on the revenue from sales by Company in the additional territory shall be zero or equal to that of the lowest fee being paid by any other retail seller of natural gas within the additional territory on the effective date of the annexation or consolidation; or 3. Legislation is enacted by the Iowa General Assembly, the Supreme Court of Iowa issues a final ruling regarding franchise fees, or the Iowa Utilities Board issues a final nonappealable order (collectively, "final franchise fee action")that modifies, but does not repeal, the ability of the City to impose a franchise fee or the ability of Company to collect from City customers and remit franchise fees to City. Within thirty (30) days of final franchise fee action, the City shall notify Company and the parties shall meet to determine whether this ordinance can be revised, and, if so, how to revise the franchise fee on a continuing basis to meet revised legal requirements. After final franchise fee action and until passage by the City of revisions to the franchise fee ordinance, Company may, after prior consultation with the City, temporarily discontinue collection and 6 remittance of the franchise fee if it reasonably believes it is required to do so in order to comply with revised legal requirements. Contrary provisions of this ordinance notwithstanding, the Company shall be completely relieved of its obligation to collect and remit to the City the franchise fee, effective as the date specified below, and Company shall not be liable to the City for failure to collect and remit franchise fees under any of the following circumstances, as determined to exist in the reasonable discretion of Company: 1. The imposition, collection or remittance of a franchise fee is ruled to be unlawful by the Supreme Court of Iowa, effective as of the date of such ruling or as may be specified by that Court. 2. The Iowa General Assembly enacts legislation making imposition, collection or remittance of a franchise fee unlawful, effective as of the date lawfully specified by the General Assembly. 3. The Iowa Utilities Board, or its successor agency, denies the Company the right to impose, collect or remit a franchise fee,provided such denial is affirmed by the Supreme Court of Iowa, effective as of the date of the final agency order from which the appeal is taken. Section 23. Pursuant to Chapter 480A.6 of the Code of Iowa,the City shall not, if it collects a franchise fee from the Company, impose upon or charge to the Company right of way management fees or fees for permits for Company construction, maintenance, repairs, excavation,pavement cutting or inspections of Company work sites and projects, or related matters. Section 24. Either City or Company may terminate this franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach, the non-breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have sixty(60) days to cure the breach, unless it notifies the non-breaching party that additional time is needed and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the non-breaching party may terminate this franchise. The City shall have the option of requiring specific performance by Company as an alternative to pursuing a remedy at law, but only after good faith negotiations between the City and Company intended to resolve the circumstance giving rise to the material breach fail to result in a reasonable resolution. A party shall not be.considered to be in breach of this franchise if it has operated in compliance with state or federal law, or if the alleged breach is the result of the actions of a third party or the other party. Neither party shall be excused from performing in accordance with this franchise due to the failure of the other party to insist upon or seek compliance with the franchise terms. Section 25. If any section,provision, or part of this ordinance shall be adjudged to be invalid or 7 unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section,provision, or part thereof not adjudged invalid or unconstitutional. Section 26. The Company shall not assign its interest in the franchise without approval of the City Council, which approval shall not be unreasonably withheld,provided that such approval shall be promptly given if the assignee has satisfied all applicable requirements of the Iowa Utilities Board to provide natural gas service to an area that includes the City. Section 27. This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this ordinance within ten(10)days of its final passage. The Company shall, within thirty(30) days after City Council approval of this ordinance, file in the office of the clerk of the City its written acceptance of all the terms and provisions of this ordinance. Following City Council approval,this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of the Company's acceptance, but in any event not sooner than the date of publication. In the event that the Company does not file its written acceptance of this ordinance within thirty(30) days after its approval by the City Council,this ordinance shall be void and of no effect. Section 28. Upon the effective date of this ordinance, all prior natural gas franchises granted to the Company to furnish natural gas service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. PASSED AND APPROVED this day of , 2011. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor ATTEST: (OFFICIAL SEAL) City Clerk/Deputy 8 I, ,City Clerk/Deputy of the City of Waterloo,Iowa,hereby certify that the above and foregoing is a true copy of Ordinance No. ,passed by the City Council of said City at a meeting held ,2011,and signed by the mayor ,2011,and published as provided by law on , 2011. (OFFICIAL SEAL) City Clerk/Deputy 9 STATE OF IOWA, } I do solemnly swear that the annexed copy of legal City of Waterloo Hearing—MidAmerican Energy Company Natural Gas System 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 17th day of February, 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 correct bill for publishing said notice. Printer's Bill $13.02 ,.. 0 V.I.v.).-A\ \C W' CAJ\ Signed NOTICE OF PUBLIC HEARING ON Subscribed and sworn to before me this THE ADOPTION OF AN ORDINANCE TO WHOM IT MAY CONCERN: Notice is hereby given that on the 21st day of February,2011,at 5:30 p.m.,in Day of A.D., 20 1 r the Council Chambers in the City Hall in "" _-T the City of Waterloo,Iowa,a public hear- AL p, ing will be held by the Council of the City ."`�` SUESUEfop,.-b-u� 9 of Waterloo,Iowa,on the adoption of an o ordinance granting MidAmerican Energy : • COMMISSION NO. 761976 Company,its successors and assigns, L. /Q a r. a N :tip{NPy31 j II.9 EXPIRES the right and non-exclusive franchise to ` ` 'u_a h /'1�4Y O L �J acquire,construct,erect,a maintain and {� operate in the City of Waterloo,Iowa a JV�t Notary Public natural gas system to furnish and sell natural gas to the city and its inhabitants; and authorize the city to collect franchise Received for a period of 10 years. Received of A copy of the specific recommendations is on file in the office of the City Clerk for public inspection. Anyone who is interested may appear at that time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo the sum of this 7th day of February,2011. Suzy Schares City Clerk Dollars. In full for publication of the above notice. ORDINANCE NO. 5028 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA AN ELECTRIC SYSTEM AND COMMUNICATIONS FACILITIES AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS. BE IT ENACTED by the City Council of the City of Waterloo, Iowa: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company, " and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City, " a system for the transmission and distribution of electric energy and communications signals along, under, over and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell electric energy to the City and its inhabitants. For the term of this franchise the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a ten (10) year period from and after the effective date of this ordinance. Section 2 . The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2009 or as subsequently amended or changed. The Company agrees that it will exercise all rights and privileges granted hereunder in compliance with applicable federal, state and local laws, rules and regulations. Section 3 . The Company shall, after advance notice to the City (except in the case where Company has determined an emergency exists, in which case Company shall provide such notice to City as soon as reasonably possible) , have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as excavate and bury conductors for the distribution of electric energy and communications signals in and through the City, but all said conduits and poles shall be placed as not to unreasonablyany interfere with the construction of water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of the City. The City, upon notice to the Company, shall have the right to use any of the Company' s poles, posts, towers or conduits for any City alarm, City control, or City communication purpose, but not for resale of communication service, to the extent that the use does not interfere with the Company' s use thereof. The City shall hold the Company harmless from any damages arising from City' s use of the Company' s structures. The charge, if any, to City for such use shall be in accordance with applicable law, rule or regulation. Section 4 . The Company is authorized and empowered to prune or remove at Company expense any tree extending into any street, alley or public grounds to maintain electric reliability, safety, Ordinance No. 5028 Page 2 to restore utility service and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Company. The pruning and removal of trees shall be done in accordance with current nationally accepted safety and utility industry standards and federal, state and local law, rules and regulations. Section 5. In accordance with Iowa law, including but not limited to Company' s tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended ("Tariff") , the Company shall, at its own cost and expense, locate and relocate its existing facilities or equipment in, on, over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of such street or alley. Notwithstanding the foregoing, the Company shall have no responsibilities under this Section with respect to facilities located in private easements (whether titled in Company exclusively or in Company and other entities) . The City and the Company shall work together to develop a suitable alternative route or construction method so as to eliminate or minimize the cost and expense to the Company of relocation of Company installations. If the City determines, in its sole discretion, that a reasonable alternative route for the street, alley or public improvements or an alternative construction method is available which would not cause the relocation of the Company installations, the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested, the City shall provide, at no cost to the Company, copies of the relocation plan and profile and cross section drawings. If tree removals must be completed by the City as part of the City' s project and are necessary whether or not utility facilities must be relocated, the City at its own cost shall be responsible for said removals . If the timing of the tree removals does not coincide with the Company facilities relocation schedule and the Company must remove trees that are included in the City' s portion of the project, the City shall either remove the trees or reimburse the Company for the expenses incurred to remove said trees . If project funds from a source other than the City are available to pay for the relocation of utility facilities, the City shall attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation. Section 6. In making excavations in any streets, avenues, alleys and public places for the installation, maintenance or repair of conductor, conduits or the erection of poles and wires or other appliances, the Company shall not unreasonably obstruct the use of the streets, and shall replace the surface, restoring it to the condition as existed prior to the Company excavation. In the event that multiple parties make excavations in connection with the same project, the Company will be responsible to restore and replace all areas that it excavated and to take reasonable steps to 1 coordinate its activities with such other parties . The Company shall not be required to restore or modify public right or way, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition. Company agrees any replacement of road surface shall conform to current City code regarding its depth and composition. Ordinance No. 5028 Page 3 Section 7 . Action by the City to vacate a street, avenue, alley, public ground or public right-of-way shall not deprive the Company of its right to operate and maintain existing facilities on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, alley or public ground where the Company has electric facilities in the vicinity, the City shall provide Company with not less than sixty (60) days advance notice of the City' s proposed action and, upon request, grant the Company a utility easement covering existing and future facilities and activities. If the City fails to grant the Company a utility easement for said facilities prior to abandoning or vacating a street, avenue, alley or public ground, the City shall at its cost and expense obtain easements for existing Company facilities . Section 8 . The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous five years. Section 9. Pursuant to relocation of Company facilities as may be required by Sections 3, 5, 6, 7 and 8 hereof, if the City orders or requests the Company to relocate its existing facilities or equipment in order to facilitate the project of a commercial or private developer or other non-public entity, the City shall reimburse the Company or the City shall require the developer or non-public entity to reimburse the Company, for the cost of such relocation as a precondition to relocation of Company' s existing facilities or equipment . The Company shall not be required to relocate in order to facilitate such private project at its expense. Section 10. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs, expenses, or attorneys' fees incurred on account of injury or damage to any person or property, to the extent caused or occasioned by the Company' s negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents. Section 11. Upon reasonable request the Company shall provide the City, on a project-specific basis, information indicating the horizontal location, relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in city right of way ("Information") . The Company and City recognize the Information provided may, under current Iowa law, constitute public records, but that nonetheless, some of the Information provided will be confidential under state or federal law or both. Therefore, the City shall give notice to Company at least 15 days in advance of any proposed release of Information in order for the Company to seek an injunction or other appropriate action to protect the confidentiality of the Information. The Company shall cooperate with all requests of City to identify that portion of the Information that is not to be disclosed. The City Ordinance No. 5028 Page 4 shall not be liable for the disclosure of any Information which the Company did not indicate to be confidential . Section 12. The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law. Section 13. During the term of this franchise, the Company shall furnish electric energy in the quantity and quality consistent with and in accordance with the applicable regulations of the Iowa Utilities Board and the Company' s Tariff. Section 14 . There is hereby imposed upon and shall be collected from persons located within the corporate limits of the City who are retail electric customers of the Company receiving service pursuant to the Tariff, a franchise fee of the gross receipts from each revenue class as set forth below, minus uncollectible amounts, derived by the Company from the delivery and sale of electric energy to such customers. The Company shall remit such franchise fees to the City within sixty (60) days of collection. • Residential Customers zero ( 0 ) percent • Commercial Customers zero ( 0 ) percent • Industrial Customers zero ( 0 ) percent • Public Authority Customers zero ( 0 ) percent Section 15 . The City may, as allowed by Iowa law, exempt certain types or classes of sales from imposition of the franchise fee, or modify, decrease or eliminate the franchise fee. The City does therefore exempt the customer classes or customer groups shown below from paying franchise fees . • Customer classes initially exempted by the City: none . The City reserves the right to cancel any or all the franchise fee exemptions and also reserves the right to grant exemptions to additional customers or customer classes in compliance with Iowa law and Section 16 of this ordinance. Section 16. The City agrees to modify the level of franchise fees imposed only once in any 24-month period. Any such ordinance exempting certain types or classes of customers, increasing, decreasing, modifying or eliminating the franchise fee shall become effective, and billings reflecting the change shall commence, on an agreed upon date which is not less than sixty (60) days following written notice to the Company by certified mail. The Company shall not be required to implement such new ordinance unless and until it determines that it has received appropriate official documentation of final action by the city council . Section 17 . The City recognizes the administrative burden that collecting franchise fees may impose upon the Company and that the Company requires lead time to commence collecting said franchise fees. The Company will commence collecting franchise fees on or before the first Company billing cycle of the first calendar month that is ninety (90) days after receipt of information required of the City to implement the franchise fee, Ordinance No. 5028 Page 5 including the City' s documentation of consumers subject to or exempted from the City-imposed franchise fee. The City shall provide the information and data required in a form and format reasonably acceptable to the Company. The Company will, if requested by the City, provide the City with a list of premises considered by the Company to be within the corporate limits of the City. Section 18 . The City shall be solely responsible for identifying customers subject to or exempt from paying the City imposed franchise fee. The City shall be solely responsible for notifying Company of its corporate limits, including, over time, annexations or other alterations thereto, and customers that it wishes to subject to, or to the extent permitted by law, exempt from paying the franchise fee. The City shall provide to the Company, by certified mail, copies of annexation ordinances in a timely manner to ensure appropriate franchise fee collection from customers within the corporate limits of the City. The Company shall have no obligation to collect franchise fees from customers in annexed areas until and unless such ordinances have been provided to the Company by certified mail. The Company shall commence collecting franchise fees in the annexed areas no sooner than sixty (60) days after receiving annexation ordinances from the City. Section 19. The City shall indemnify the Company from claims of any nature arising out of or related to the imposition and collection of the franchise fee, to the extent such claims arise from or relate to the negligent acts or omissions, or the willful misconduct, of the Company, its officers, employees or agents . Section 20. The Company shall remit franchise fee revenues to the City no more frequently than on or before the last business day of the month following each quarter as follows . • January, February and March • April, May and June • July, August and September, and • October, November and December The Company shall provide City with written notice at least thirty (30) days in advance of any changes made in this collection schedule, including any alterations in the calendar quarters or any other changes in the remittance periods . Section 21 . The City recognizes that the costs of franchise fee administration are not charged directly to the City and agrees it shall, if required by the Company, reimburse the Company for any initial or ongoing costs incurred by the Company in collecting franchise fees that the Company and the City, as a result of good- faith negotiation, deem to be in excess of typical costs of franchise fee administration. Section 22 . The Company shall not, under any circumstances, be required to return or refund any franchise fees that have been collected from City customers and remitted to the City. In the event the Company is required to provide data or information in Ordinance No. 5028 Page 6 defense of the City' s imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers, the City shall reimburse the Company for the reasonable and necessary expenses incurred by the Company to provide such data or information. Section 23 . The obligation to collect and remit the fee imposed by this ordinance is modified or repealed if: 1 . Any other person is authorized to sell electricity at retail to City consumers and the City imposes a franchise fee or its lawful equivalent at zero or a lesser rate than provided in this ordinance (in either instance a "Lesser Fee") , in which case the obligation of Company to collect and remit franchise fees shall be modified to match the Lesser Fee on the effective date of the other entity' s franchise fee ordinance. 2 . The City adds additional territory by annexation or consolidation and is unable or unwilling to impose the franchise fee upon all persons selling electricity at retail to consumers within the additional territory, in which case the franchise fee imposed on the revenue from sales by Company in the additional territory shall be 1 zero or equal to that of the lowest fee being paid by any other retail seller of electricity within the additional 1 territory on the effective date of the annexation or consolidation; or 3 . Legislation is enacted by the Iowa General Assembly, the Supreme Court of Iowa issues a final ruling regarding franchise fees, or the Iowa Utilities Board issues a final nonappealable order (collectively, "final franchise fee action") that modifies, but does not repeal, the ability of the City to impose a franchise fee or the ability of Company to collect from City customers and remit franchise fees to City. Within sixty (60) days of final franchise fee action, the City shall notify Company and the parties shall meet to determine whether this ordinance can be revised, and, if so, how to revise the franchise fee on a continuing basis to meet revised legal requirements . After final franchise fee action and until passage by the City of revisions to the franchise fee ordinance, Company may, after prior consultation with the City, temporarily discontinue collection and remittance of the franchise fee if it reasonably believes it is required to do so in order to comply with revised legal requirements . Contrary provisions of this ordinance notwithstanding, the Company shall be completely relieved of its obligation to collect and remit to the City the franchise fee, effective as the date specified below, and Company shall not be liable to the City for failure to collect and remit franchise fees under any of the following circumstances, as determined to exist in the reasonable discretion of Company: Ordinance No. 5028 Page 7 a. The imposition, collection or remittance of a franchise fee is ruled to be unlawful by the Supreme Court of Iowa, effective as of the date of such ruling or as may be specified by that Court . b. The Iowa General Assembly enacts legislation making imposition, collection or remittance of a franchise fee unlawful, effective as of the date lawfully specified by the General Assembly. c. The Iowa Utilities Board, or its successor agency, denies the Company the right to impose, collect or remit a franchise fee, provided such denial is affirmed by the Supreme Court of Iowa, effective as of the date of the final agency order from which the appeal is taken. Section 24 . Pursuant to Chapter 480A. 6 of the Code of Iowa, the City shall not, if it collects a franchise fee from the Company, impose upon or charge to the Company right of way management fees or fees for permits for Company construction, maintenance, repairs, excavation, pavement cutting or inspections of Company work sites and projects, or related matters . Section 25 . Either City or Company may terminate this franchise if the other party shall be materially in breach of its provisions . Upon the occurrence of a material breach, the non- breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have sixty (60) days to cure the breach, unless it notifies the non-breaching party that additional time is needed and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the non-breaching party may terminate this franchise. The City shall have the option of requiring specific performance by Company as an alternative to pursuing a remedy at law, but only after good faith negotiations between the City and Company intended to resolve the circumstance giving rise to the material breach fail to result in a reasonable resolution. A party shall not be considered to be in breach of this franchise if it has operated in compliance with state or federal law, or if the alleged breach is the result of the actions of a third party or the other party. Neither party shall be excused from performing in accordance with this franchise due to the failure of the other party to insist upon or seek compliance with the franchise terms . Section 26. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 27 . The Company shall not assign its interest in the franchise without approval of the City Council, which approval shall not be unreasonably withheld, provided that such approval shall be promptly given if the assignee has satisfied all applicable requirements of the Iowa Utilities Board to provide electric service to an area that includes the City. • Ordinance No. 5028 Page 8 Section 28 . This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this ordinance within ten (10) days of its final passage. The Company shall, within thirty (30) days after City Council approval of this ordinance, file in the office of the clerk of the City its written acceptance of all the terms and provisions of this ordinance. Following City Council approval, this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of the Company' s acceptance, but in any event not sooner than the date of publication. In the event that the Company does not file its written acceptance of this ordinance within thirty (30) days after its approval by the City Council, this ordinance shall be void and of no effect . Section 29. Upon the effective date of this ordinance, all prior electric franchises granted to the Company to furnish electric service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. INTRODUCED: February 21, 2011 PASSED 1ST CONSIDERATION: February 21, 2011 PASSED 2ND CONSIDERATION: February 21, 2011 PASSED 3RD CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this 21st day of February, 2011. E st . lark, Mayor ATTEST: Suzy Schres, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5028, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21st day of February, 2011. Witness my hand and seal of office this 21st day of February, 2011 . SEAL Suzy Sc ares, CMC City Clerk ORDINANCE NO. 5029 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA A NATURAL GAS SYSTEM TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS. BE IT ENACTED by the City Council of the City of Waterloo, Iowa: Section 1 . There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company, " and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City, " a gas- distribution system, to furnish natural gas along, under, and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell natural gas to the City and its inhabitants. For the term of this franchise the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a ten (10) year period from and after the effective date of this ordinance. Section 2 . The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2009 or as subsequently amended or changed. The Company agrees that it will exercise all rights and privileges granted hereunder in compliance with applicable federal, state and local laws, rules and regulations. Section 3. The Company shall, after advance notice to the City (except in the case where Company has determined an emergency exists, in which case Company shall provide such notice to City as soon as reasonably possible) , have the right to excavate in any street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits, and other facilities provided that same shall be so placed as not to unreasonably interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of the City. Section 4 . In accordance with Iowa law, including but not limited to Company' s tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended ("Tariff") , the Company shall, at its own cost and expense, locate and relocate its existing facilities or equipment in, on, over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of such street or alley. Notwithstanding the foregoing, the Company shall have no responsibilities under this Section with respect to facilities located in private easements (whether titled in Company exclusively or in Company and other entities) . The City and the Company shall work together to develop a suitable alternative route or construction method so as to eliminate or minimize the cost and Ordinance No. 5029 Page 2 expense to the Company of relocation of Company installations . If the City determines, in its sole discretion, that a reasonable alternative route for the street, alley or public improvements or an alternative construction method is available which would not cause the relocation of the Company installations, the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities . If requested, the City shall provide, at no cost to the Company, copies of the relocation plan and profile and cross section drawings . If tree removals must be completed by the City as part of the City' s project and are necessary whether or not utility facilities must be relocated, the City at its own cost shall be responsible for said removals. If the timing of the tree removals does not coincide with the Company facilities relocation schedule and the Company must remove trees that are included in the City' s portion of the project, the City shall either remove the trees or reimburse the Company for the expenses incurred to remove said trees. If project funds from a source other than the City are available to pay for the relocation of utility facilities, the City shall attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation. Section 5. In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits or apparatus, the Company shall not unreasonably obstruct the use of the streets, and shall replace the surface, restoring it to the condition as existed prior to Company' s excavation. In the event that multiple parties make excavations in connection with the same project, the Company will be responsible to restore and replace all areas that it excavated and to take reasonable steps to coordinate its activities with such other parties . The Company shall not be required to restore or modify public right-of-way, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition. Company agrees any replacement of road surface shall conform to current City code regarding its depth and composition. Section 6. Action by the City to vacate a street, avenue, alley, public ground or public right-of-way shall not deprive the Company of its right to operate and maintain existing facilities on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, alley or public ground where the Company has natural gas facilities in the vicinity, the City shall provide Company with not less than sixty (60) days advance notice of the City' s proposed action and, upon request, grant the Company a utility easement covering existing and future facilities and activities. If the City fails to grant the Company a utility easement for said facilities prior to abandoning or vacating a street, avenue, alley or public ground, the City shall at its cost and expense obtain easements for existing Company facilities . Section 7 . The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous five years . Ordinance No. 5029 Page 3 Section 8 . Pursuant to relocation of Company facilities as may be required by Sections 3, 4, 5, 6, and 7 hereof, if the City orders or requests the Company to relocate its existing facilities or equipment in order to facilitate the project of a commercial or private developer or other non-public entity, the City shall reimburse the Company or the City shall require the developer or non-public entity to reimburse the Company, for the cost of such relocation as a precondition to relocation of Company' s existing facilities or equipment. The Company shall not be required to relocate in order to facilitate such private project at its expense. Section 9. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs, expenses, or attorneys' fees incurred on account of injury or damage to any person or property, to the extent caused or occasioned by the Company' s negligence in construction, reconstruction, excavation, operation or maintenance of the natural gas facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents . Section 10 . Upon reasonable request the Company shall provide the City, on a project-specific basis, information indicating the horizontal location, relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in city right of way ("Information") . The Company and City recognize the Information provided may, under current Iowa law, constitute public records, but that nonetheless, some of the Information provided will be confidential under state or federal law or both. Therefore, the City shall give notice to Company at least 15 days in advance of any proposed release of Information in order for the Company to seek an injunction of other appropriate action to protect the confidentiality of the Information. The Company shall cooperate with all requests of City to identify that portion of the Information that is not to be disclosed. The City shall not be liable for the disclosure of any Information which the Company did not indicate to be confidential. Section 11. The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law. Section 12 . During the term of this franchise, the Company shall furnish natural gas in the quantity and quality consistent with and in accordance with the applicable regulations of the Iowa Utilities Board and the Company' s Tariff. Section 13 . There is hereby imposed upon and shall be collected from persons located within the corporate limits of the City who are retail natural gas customers of the Company receiving service pursuant to the Tariff, a franchise fee of the gross receipts from each revenue class as set forth below, minus uncollectible amounts, derived by the Company from the delivery and sale of natural gas to such customers. The Company shall remit such franchise fees to the City within sixty (60) days of collection. Ordinance No. 5029 Page 4 • Residential Customers zero ( 0 ) percent • Commercial Customers zero ( 0 ) percent • Industrial Customers zero ( 0 ) percent • Public Authority Customers zero ( 0 ) percent • Distribution (Transportation) Customers zero ( 0 ) percent Section 14 . The City may, as allowed by Iowa law, exempt certain types or classes of sales from imposition of the franchise fee, or modify, decrease or eliminate the franchise fee. The City does therefore exempt the customer classes or customer groups shown below from paying franchise fees . • Customer classes initially exempted by the City: none. The City reserves the right to cancel any or all the franchise fee exemptions and also reserves the right to grant exemptions to additional customers or customer classes in compliance with Iowa law and Section 15 of this ordinance. Section 15. The City agrees to modify the level of franchise fees imposed only once in any 24-month period. Any such ordinance exempting certain types or classes of customers, increasing, decreasing, modifying or eliminating the franchise fee shall become effective, and billings reflecting the change shall commence, on an agreed upon date which is not less than sixty (60) days following written notice to the Company by certified mail. The Company shall not be required to implement such new ordinance unless and until it determines that it has received appropriate official documentation of final action by the city council . Section 16. The City recognizes the administrative burden that collecting franchise fees may impose upon the Company and that the Company requires lead time to commence collecting said franchise fees . The Company will commence collecting franchise fees on or before the first Company billing cycle of the first calendar month that is ninety (90) days after receipt of information required of the City to implement the franchise fee, including the City' s documentation of consumers subject to or exempted from the City-imposed franchise fee. The City shall provide the information and data required in a form and format reasonably acceptable to the Company. The Company will, if requested by the City, provide the City with a list of premises considered by the Company to be within the corporate limits of the City. Section 17 . The City shall be solely responsible for identifying customers subject to or exempt from paying the City imposed franchise fee. The City shall be solely responsible for notifying Company of its corporate limits, including, over time, annexations or other alterations thereto, and customers that it wishes to subject to, or to the extent permitted by law, exempt from paying the franchise fee. The City shall provide to the Company, by certified mail, copies of annexation ordinances in a timely manner to ensure appropriate franchise fee collection from customers within the corporate limits of the City. The Company shall have no obligation to collect franchise fees from customers in annexed areas until and unless such ordinances have been provided to the Company by certified mail . The Company shall Ordinance No. 5029 Page 5 commence collecting franchise fees in the annexed areas no sooner than sixty (60) days after receiving annexation ordinances from the City. Section 18 . The City shall indemnify the Company from claims of any nature arising out of or related to the imposition and collection of the franchise fee, to the extent such claims arise from or relate to the negligent acts or omissions, or the willful misconduct, of the Company, its officers, employees or agents. Section 19. The Company shall remit franchise fee revenues to the City no more frequently than on or before the last business day of the month following each quarter as follows . • January, February and March • April, May and June • July, August and September, and • October, November and December The Company shall provide City with written notice at least thirty (30) days in advance of any changes made in this collection schedule, including any alterations in the calendar quarters or any other changes in the remittance periods . Section 20 . The City recognizes that the costs of franchise fee administration are not charged directly to the City and agrees it shall, if required by the Company, reimburse the Company for any initial or ongoing costs incurred by the Company in collecting franchise fees that the Company and the City, as a result of good- faith negotiation, deem to be in excess of typical costs of franchise fee administration. Section 21 . The Company shall not, under any circumstances, be required to return or refund any franchise fees that have been collected from City customers and remitted to the City. In the event the Company is required to provide data or information in defense of the City' s imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers, the City shall reimburse the Company for the reasonable and necessary expenses incurred by the Company to provide such data or information. Section 22 . The obligation to collect and remit the fee imposed by this ordinance is modified or repealed if: 1 . Any other person is authorized to sell natural gas at retail to City consumers and the City imposes a franchise fee or its lawful equivalent at zero or a lesser rate than provided in this ordinance (in either instance a "Lesser Fee") , in which case the obligation of Company to collect and remit franchise fees shall be modified to match the Lesser Fee on the effective date of the other entity' s franchise fee or ordinance. 2 . The City adds additional territory by annexation or consolidation and is unable or unwilling to impose the franchise fee upon all persons selling natural gas at retail to consumers within the additional territory, in Ordinance No. 5029 Page 6 which case the franchise fee imposed on the revenue from sales by Company in the additional territory shall be zero or equal to that of the lowest fee being paid by any other retail seller of natural gas within the additional territory on the effective date of the annexation or consolidation; or 3. Legislation is enacted by the Iowa General Assembly, the Supreme Court of Iowa issues a final ruling regarding franchise fees, or the Iowa Utilities Board issues a final nonappealable order (collectively, "final franchise fee action") that modifies, but does not repeal, the ability of the City to impose a franchise fee or the ability of Company to collect from City customers and remit franchise fees to City. Within thirty (30) days of final franchise fee action, the City shall notify Company and the parties shall meet to determine whether this ordinance can be revised, and, if so, how to revise the franchise fee on a continuing basis to meet revised legal requirements. After final franchise fee action and until passage by the City of revisions to the franchise fee ordinance, Company may, after prior consultation with the City, temporarily discontinue collection and remittance of the franchise fee if it reasonably believes it is required to do so in order to comply with revised legal requirements . Contrary provisions of this ordinance notwithstanding, the Company shall be completely relieved of its obligation to collect and remit to the City the franchise fee, effective as the date specified below, and Company shall not be liable to the City for failure to collect and remit franchise fees under any of the following circumstances, as determined to exist in the reasonable discretion of Company: a. The imposition, collection or remittance of a franchise fee is ruled to be unlawful by the Supreme Court of Iowa, effective as of the date of such ruling or as may be specified by that Court. b. The Iowa General Assembly enacts legislation making imposition, collection or remittance of a franchise fee unlawful, effective as of the date lawfully specified by the General Assembly. c. The Iowa Utilities Board, or its successor agency, denies the Company the right to impose, collect or remit a franchise fee, provided such denial is affirmed by the Supreme Court of Iowa, effective as of the date of the final agency order from which the appeal is taken. Section 23. Pursuant to Chapter 480A. 6 of the Code of Iowa, the City shall not, if it collects a franchise fee from the Company, impose upon or charge to the Company right of way management fees or fees for permits for Company construction, maintenance, repairs, excavation, pavement cutting or inspections of Company work sites and projects, or related matters. Ordinance No. 5029 Page 7 Section 24 . Either City or Company may terminate this franchise if the other party shall be materially in breach of its provisions . Upon the occurrence of a material breach, the non- breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have sixty (60) days to cure the breach, unless it notifies the non-breaching party that additional time is needed and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the non-breaching party may terminate this franchise. The City shall have the option of requiring specific performance by Company as an alternative to pursuing a remedy at law, but only after good faith negotiations between the City and Company intended to resolve the circumstance giving rise to the material breach fail to result in a reasonable resolution. A party shall not be considered to be in breach of this franchise if it has operated in compliance with state or federal law, or if the alleged breach is the result of the actions of a third party or the other party. Neither party shall be excused from performing in accordance with this franchise due to the failure of the other party to insist upon or seek compliance with the franchise terms . Section 25 . If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 26. The Company shall not assign its interest in the franchise without approval of the City Council, which approval shall not be unreasonably withheld, provided that such approval shall be promptly given if the assignee has satisfied all applicable requirements of the Iowa Utilities Board to provide natural gas service to an area that includes the City. Section 27 . This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this ordinance within ten (10) days of its final passage. The Company shall, within thirty (30) days after City Council approval of this ordinance, file in the office of the clerk of the City its written acceptance of all the terms and provisions of this ordinance. Following City Council approval, this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of the Company' s acceptance, but in any event not sooner than the date of publication. In the event that the Company does not file its written acceptance of this ordinance within thirty (30) days after its approval by the City Council, this ordinance shall be void and of no effect . Section 28 . Upon the effective date of this ordinance, all prior natural gas franchises granted to the Company to furnish natural gas service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. Ordinance No. 5029 Page 8 INTRODUCED: February 21, 2011 PASSED 1ST CONSIDERATION: February 21, 2011 PASSED 2ND CONSIDERATION: February 21, 2011 PASSED 3RD CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this 21st day of February, 2011. Ernest�I� Mayor ATTEST: Suzy Schlares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5029, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21st day of February, 2011 . Witness my hand and seal of office this 21st day of February, 2011. SEAL `SITY pc ares, CMC City Clerk • CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2 i Prepared: Daniel J. Trelk Dept. Head Signature: # of Attachments: 2 SUBJECT: Quakerdale Child Welfare Emergency Services Memorandum of Understanding (MOU) Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Requesting permission to allow Daniel J Trelka, Director of Safety Services, to sign the Memorandum of Understanding (MOU) between Quakerdale and the Waterloo Police Department. Summary Statement: This is an agreement between Quakerdale and the Waterloo Police Department as it relates to the implementation of the Iowa Department of Human Services Request for Proposal (RFP) "Child Welfare Emergency Services ACFS- 11-114„ Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Quakerdale Child Welfare Emergency Services (CWES) MEMORANDUM OF UNDERSTANDING (MOU) Quakerdale PO Box 8 • New Providence, IA 50206 10)00„. and the Waterloo Police Department 715 Mulberry Street Waterloo, IA 50703 This is an agreement between "Quakerdale", and the "Waterloo Police Department" PURPOSE & SCOPE The purpose of this MOU into identify the intent to cooperate by each party as they relate to the implementation of the Iowa Department of Human Services Request for Proposal (RFP) "Child Welfare Emergency Services ACFS-11-114." The RFP is intended to help state and private agencies alleviate the need for out of home Emergency Shelter Placement for youth throught the implementation of an array of short term interventions. To support this goal, Quakerdale and the Waterloo Police Department will cooperate to implement the completed contract. Both Quakerdale and the Waterloo Police Department should ensure that program activities are conducted in compliance with all applicable Federal and State laws, rules, and regulations. In particular, this MOU is intended to: • Indicate a commitment by both parties to work together to implement the CWES process into their respective entities following award of the contract II. QUAKERDALE'S RESPONSIBILITIES UNDER THIS MOU Quakerdale shall undertake the following activities: • Develop an array of services to be offered under the CWES RFP, to include a referral protocol • Educate staff of all agencies on the implementation of CWES as it affects their particular entity • Be available for support in the implementation and utilization of the OWES protocol III. WATERLOO POLICE DEPARTMENT'S RESPONSIBILITIES UNDER THIS MOU Waterloo Police Department shall undertake the following activities: • Commit to the implementation of CWES within their agency • Make referrals as appropriate under this RFP Page 1 of 2 02/11 • Notify Quakerdale immediately of any difficulties with the CWES program VI. FUNDING This MOU does not include the reimbursement of funds between the two parties. VIII. EFFECTIVE DATE AND SIGNATURE This MOU shall be effective upon the signature of Parties A and B authorized officials. It shall be in force from July 1, 2011 until the end of the resulting RFP contract. The signatures below indicate the agreement of both entities to this MOU. Signatures and dates Rob Talbot, Executive Director Quakerdale Signed Date Chief Daniel Trelka Waterloo Police Deaprtment Signed Date Page 2 of 2 02/11 RESOLUTION NO. 2011-122 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN QUAKERDALE CHILD WELFARE EMERGENCY SERVICES (CWES) AND THE WATERLOO POLICE DEPARTMENT AND DIRECTING EXECUTION OF SAID MEMORANDUM OF UNDERSTANDING BY POLICE CHIEF. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Understanding dated February 21, 2011, to indicate a commitment by both parties to work together to implement the CWES process into their respective entities, by and between the Quakerdale Child Welfare Emergency Services of Waterloo, Iowa and the City of Waterloo Police Department, be and the same is hereby approved, and the Police Chief authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of February, 2011 . L:LI. Ernest G. Clark, ayor ATTEST: Suzy Schare', CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2010 Prepared: February 14, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Acceptance of 3 gran Submitted by: Cammie Scully Recommended City Council Action: Authorization to accept terms of grant approval from the Vision Iowa/CAT program and the Waterloo Convention and Visitors Bureau Hotel-Motel grant program. Summary Statement Requesting permission of the Mayor and the City Council to authorize the acceptance of a Community Attraction and Tourism Program Marketing Grant through the Vision Iowa program for the amount of $15,000;`and the acceptance of two Waterloo Convention and Visitors Bureau Hotel-Motel grants:+$10,000 for Phelps Youth Pavilion and Holiday Arts Festival mark4ing and ' $3,000 i`or Master Artists of the Bahamas exhibition/symposium marketing. X Vision Iowa/CAT Marketing grant Expenditure Required $30,152.50 Source of Funds > $15,000 - CAT/Vision Iowa Grant $11,152.50- City of Waterloo Hotel-Motel Discretionary $4,000-Phelps Youth Pavilion marketing/advertising Waterloo Convention/Visitors Bureau Hotel-Motel grant Master Artists of the Bahamas Symposium&Exhibition Expenditure Required $96,404 Source of Funds ,X $3,000 - Waterloo Hotel-Motel Tax grant $29,904 - Waterloo Center for the Arts $10,000 - Humanities Iowa $12,000-Community Foundation of NE Iowa grant request $25,000 -Artists' donation $1,500-Friends of the Art Center $15,000-Bahamian Tourism& Government Waterloo Convention/Visitors Bureau Hotel-Motel grant Phelps Youth Pavilion&Holiday Arts Festival marketing Expenditure Required $36,288 Source of Funds /( $10,000-Waterloo Hotel-Motel Tax grant $15,000-CAT/Vision Iowa Grant $4,000 -Phelps Youth Pavilion marketing/advertising $7,288 -Community Foundation Expendable Fund Background Information: The WCA submitted these grant proposals in November 2010, and was recently a//S'I J notified that it will receive funding from each request. Citi IOWA !changing January 18, 2011 Shannon Farlow Development/Marketing Director • Waterloo Center for the Arts 225 Commercial St. Waterloo,IA 50613 RE: Waterloo Center for the Arts CAT Marketing Program Agreement 11-MKT-014—Phelps Youth Pavilion Dear Ms. Farlow: Congratulations on your CAT Marketing Program award in the amount of$15,000. For this award to take effect,the enclosed Agreement must be signed and returned. Please return the Agreement to: Pam Koehn-Miller Vision Iowa • Iowa Department of Economic Development 200 East Grand Avenue Des Moines,Iowa 50309-1819 Once this Agreement has been fully executed, fifty percent (50%) of the Grant award will be released to your organization. The remaining fifty percent (50%) will be released upon the receipt of a completed Final Report. The Final Report is due to the Vision lowa/CAT Program Manager within 60 days of the completion of the project. The report will require a description of placed advertisements and documentation to verify placement. Documentation may include,but is not limited to,tear sheets from magazines and newspapers, affidavits and a copy of the spot for broadcast ads, screen shots for online ads, or a proof of posting photo for billboards. The Final Report will require verification and evidence of eligible Project expenditures. And, the Final Report must include a description and supplemental information regarding how the advertisement effectiveness was tracked and measured. If you should have any questions or concerns,please contact me at(515) 725.3197, or by email at al aina.santizo(a�i owa.Qov. Sincerely, Alaina Santizo Vision Iowa/CAT Program Manager Enclosure: Minority Impact Statement Form Terry E Branstad,Govemor 10WA DEPARTMENT OF ECONOMIC DEVELOPMENT Mai Reynolds,Lieutenant Governor DebiV.Durham,Director •200 East Grand Avenue,Des Moines,Iowa USA 50309 • Phone:515325.3000 • Fax 515.725.3010•www.iowalifechanging.com Minority Impact Statement Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the State of Iowa which are due beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). ❑ The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project Indicate which group is impacted: _Women _Persons with a Disability _Blacks _Latinos _Asians —Pacific Islanders American Indians Alaskan Native Americans . — Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project, Present the rationale for the existence of the proposed program or policy. Provide evidence of consultation of representatives of the minority groups impacted. Indicate which group is impacted: _Women _Persons with a Disability _Blacks _Latinos _Asians —Pacific Islanders —American Indians Alaskan Native Americans —X _Other The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. . Present the rationale for determining no impact. I hereby certify that the information on this form is complete and accurate,to the best of my knowledge: Name: Shnon a.rlOw Title: <t't'tilftlPllt) Mt/Vn D►r, VISION IOWA COMMUNITY ATTRACTION AND TOURISM (CAT) MARKETING PROGRAM Grant Agreement This Grant Agreement (the"Agreement") is between the Vision Iowa Board("Board") and the Grantee identified below: The Parties: ' �aY^� G tea• : . SS ']+ ..y.- .l -.-. .v i _ '.'�lf � } a Y _ l .•- GRANTEE: Vision Iowa Board Waterloo Center for the Arts 200 East Grand Avenue Des Moines, IA 50309 GRANTEE ADDRESS: 225 Commercial St., Waterloo, IA 50613 GRANTEE CONTACT: BOARD CONTACT: Shannon Farlow, Development/Marketing Director Alaina Santizo, Program Manager Email: shannon.farlow@waterloo-ia.org Email: Alaina.Santizo@iowa.gov Phone: (319) 291-4490 Phone: 515-725-3197 The Grant: GRANT AGREEMENT# 11-MKT-014 AWARD DATE: December 8, 2010 MAXIMUM GRANT AMOUNT: $ 15,000.00 GRANTEE MATCH AMOUNT: $ 15,000.00 • PROJECT COMPLETION DATE: December 31, 2011 In consideration of the promises and mutual covenants and agreements contained herein, the Parties agree as follows: ARTICLE 1 AGREEMENT DURATION This Agreement shall be in effect as of the Contract Effective Date stated on the signature page. This Agreement shall remain in effect from the Contract Effective Date and for a reasonable period of time after the end of the Project Completion Date during which the Board will conduct closeout procedures. The Board will provide Grantee with written notice of final Agreement closeout and this Agreement shall terminate as of the date stated therein. ARTICLE 2 FUNDING 2.1 Funding Source. The source of funding for this Grant is a state appropriation by the legislature to the CAT Fund established in Iowa Code section 15F.204 for use by the Board for marketing CAT projects. 2.2 Reduction, Discontinuance or Alteration of Funding.Any termination, reduction, or delay of funds available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of fund, or(ii) any other reason beyond the Board's control may, in.the Board's discretion, result in the termination, reduction or delay of funds to the Grantee. Marketing Agreement Number: 11-MKT-014,Waterloo Center for the Arts ARTICLE 3 PROJECT DESCRIPTION; GRANT TERMS 3.1 Project description. "Project"means the detailed description of the work, services, and other obligations to be performed or accomplished by the Grantee as follows: .The proposed project will include television, radio, print;and online advertisements promoting the Phelps Youth Pavilion. Online advertisements will be placed with Facebook.com, desmoines`momslikeme.com, Greater Cedar Valley Chamber of Commerce Cedar Valley Extra, and EasternlowaTourism.com. Print advertisements will be placed with The Iowan, myvacationland.com Magazine, The, Courier, Mainstreet Mailers, and forty-five newspapers and eight shoppers throughout Northeast Iowa; •Radio . _. advertisements will be placed with MIX 93.5. Television advertisements will be placed with.the Cedar Falls Utilities Cable, Mediacom, and KWWL-TV. • The award is contingent on the following provisions: • The project will contain all components originally proposed in the application, as approved by the Vision Iowa Board. • Prior to the disbursement of funds, a Minority Impact Statement will be submitted. • • The advertisements will include credit to the Vision Iowa Program for the cooperative efforts. Credit should,be given with each ad and match the language and format approved by the Vision Iowa Board. • The award shall be made pursuant to contingencies outlined in a contract approved by all parties. • 3.2 Project Completion Date. "Project Completion Date"means the date stated on page one of this Agreement and is the date by which all Project activities shall be satisfactorily completed by Grantee. 3.3 Grant Award. The Board has approved a Grant in the total amount identified on page one of this Agreement. Grant funds have been awarded to the Grantee for the Project described herein. 3.4 Marketing Project Expenses. Eligible Project expenditures include those incurred for marketing placement between January 1, 2011 and December 31, 2011 as approved by the Board. Costs associated with design and production will not be considered. 3.5 Project Budget: I Line Item Grant Amount . Local Match Costs Total Advertisement Placement Costs $ 15,000.00 $ 15,000.00 $ 30,000.00 [ . 3.6 Cost Variation. In the event that the total Project cost is less than the amount specified in this Agreement, the Board's participation shall be reduced at the same ratio as Board funds are to the total Project budget, and any disbursed excess above the reduced Board participation shall be returned immediately to Board. ARTICLE 4 DISBURSEMENT TERMS The obligation of Board to disburse funds under this Agreement shall be subject to the following conditions: 4.1 Requests for Disbursement.All disbursements of Grant funds shall be subject to receipt by the Board of requests for disbursement, in form and content acceptable to Board, submitted by the Grantee. 4.2 Prior Costs. No expenditures made prior to the Award Date may be included as Project costs. 4.3 Claim\Payment Procedures. Fifty percent (50%) of the Grant award will be released to the Grantee upon the execution and delivery of this Agreement. The remaining fifty percent (50%)will be released upon the receipt of a completed final report and the necessary verification and authorization of the Board or its designee. Claims for .• payment must be presented to the Board, or its designee, no later than 60 days after the Project Completion Date. The Grantee, or their designee, shall request disbursement by submitting the request form provided by the Board (as the same may be modified from time to time by the Board) to the Board or its designee itemizing the Grantee's total • actual allowable expenses. Expenses shall be documented in a manner acceptable to the Board or its designee.. If the total grant award amount has not been claimed within one hundred twenty(120) days of the Project Completion Date, then the Board shall be under no further obligation for further disbursement. 2 Marketing Agreement Number: 11-MKT-014,Waterloo Center for the Arts 4.4 Suspension of Disbursement. Upon the occurrence of an Event of Default(as defined in Article 7) the Board may suspend payments to Grantee until such time as the default has been cured to Board's satisfaction. Notwithstanding anything to the contrary in this Agreement, upon a termination of this Agreement on account of an Event of Default, Grantee will no longer have the right to receive any disbursements after the effective date of default. 4.5 Investment of Grant Funds. (a) In the event that Grant Funds are not immediately utilized, temporarily idle Grant Funds held by the Grantee may be invested provided such investments shall be in accordance with State law, including but not limited to the provisions of Iowa Code chapter 12C concerning the deposit of public.funds. Interest accrued on temporarily idle Grant funds held by the Grantee shall be credited to and expended on the Project prior to the expenditure of other Grant funds. (b)All proceeds remaining, including accrued interest, after all allowable Project costs have been paid or obligated shall be returned to the Board within thirty (30) days after the Project Completion Date. Within ten (10) days of receipt of a written request from Board, Grantee shall inform the Board in writing of the amount of unexpended Grant funds in the Grantee's possession or under the Grantee's control, whether in the form of cash on hand, investments, or otherwise. ARTICLE 5 REPRESENTATIONS AND WARRANTIES Grantee represents and warrants to the Board as follows: 5.1 Authority and Validity of Obligations. Grantee has full right and authority to enter into this Agreement. The person signing this Agreement has full authority to: (a) Sign this Agreement on behalf of the Grantee, and (b) Obligate the Grantee to the performance of each and all of the obligations under the Agreement. 5.2 Approvals received. This Agreement delivered by the Grantee has been duly authorized, executed and delivered by the Grantee and constitutes the valid and binding obligations of the Grantee and enforceable against it in accordance with their terms. Grantee has secured all necessary authorizations and approvals with any governmental, regulatory or governing board that may be necessary to permit Grantee to execute this Agreement and comply with its terms. 5.3 Use of Proceeds.The Grantee hereby agrees to use Grant funds only for the Project and for the activities described in this Agreement. 5.4 Governmental Authority and Licensing. Grantee has received all licenses, permits, and approvals of all Federal,'state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Grantee threatened. 5.5 Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Granfee threatened, against the Grantee which if adversely determined would adversely impact Grantee's ability to perform under this Agreement. 5.6 Compliance with Laws. Grantee is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of Grantee. 5.7 Effective Date of Representations and Warranties.The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Grantee at the time each request for disbursement of funds is submitted to the Board. ARTICLE 6 COVENANTS 6.1 Performance Obligations. By the Project Completion Date, Grantee shall complete the Project in accordance with this Agreement. Grantee shall promptly provide Board with written notice of any major changes that would impact the success of the Project. 6.2 Repayment Obligations. Upon the occurrence of an unremedied Event of Default as described in Article 7 Grantee agrees to immediately repay such amounts determined by Board to due and payable. 6.3 Final Report. The Grantee shall submit a final written report to the Vision Iowa Program Manager within 60 days of the Project Completion Date. The report will require a description of placed advertisements and documentation to verify placement. Documentation may include, but is not limited to, tear sheets from magazines and newspapers, 3 Marketing Agreement Number. 11-MKT-014,Waterloo Center for the Arts affidavits and a copy of the spot for broadcast ads, screen shots for online ads, or a proof of posting photo for billboards. The final report will include verification and evidence of eligible Project expenditures. And the final report - will include description and supplemental information regarding how the advertisement effectiveness was tracked and measured. . _ 6.4 Inspection and Audit. Grantee shall permit the Board and its duly authorized representatives to.visit and inspect any of the Grantee's properties, books and financial records related to the Project, to examine and make copies of the books of accounts and other financial records , and to discuss the affairs, finances and accounts with, and to be • advised as to the same by, its officers, and independent public accountants (and by this provision Grantee authorizes. such accountants to discuss with the Board and the Board's duly authorized representatives the finances and affairs of the Grantee) at such reasonable time and reasonable intervals as the Board may designate. 6.5 Compliance with Laws. Grantee, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders including without limitation, all laws applicable to the prevention of discrimination in employment and the use of targeted small businesses as subcontractors or suppliers. The Grantee, its employees, agents and subcontractors shall also comply with all federal, state and local laws regarding business permits and licenses that may be required to carry out the work performed under this Agreement. Grantee may be required to submit its affirmative action plan to the Department of Management to comply with the requirements of 541 IAC chapter 4. 6.6 Use of Grant Funds. Grantee shall use Grant funds extended under this Agreement solely for the purposes set forth in Article 3. 6.7 Notice of Proceedings. Grantee shall promptly notify the Board of the initiation of any claims, lawsuits, or other proceedings brought against Grantee which would.adversely impact the Project. 6.8 Accounting Records. Grantee is required to maintain its books, records and all other evidence pertaining to this Agreement in accordance with generally accepted accounting principles and such other procedures specified by Board. These records shall be available to Board or its internal or external auditors, the Auditor of the State of Iowa, the Attorney General of the State of Iowa and the Iowa Division of Criminal Investigations at all times during the Agreement duration and any extensions thereof, and for three (3)full.years from this Agreement is closed out by Board. 6.9 Indemnification. Grantee shall indemnify, defend and hold harmless the Board, the State of Iowa, its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims (including taxes), and all related costs and expenses (including. reasonable.attomeys' fees and disbursements and costs of investigation, litigation,settlement,judgments, interest and penalties), arising from or in connection with any of the following: a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by Grantee of any representation or warranty made by the Grantee in this Agreement; c) Any claim, demand, action, citation or legal proceeding which results from an act or omission of Grantee or any of their agents in its or their capacity as an employer of a person. ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES 7.1 Events of Default. Any one or more of the following shall constitute an "Event of Default"hereunder: (a) Noncompliance with Agreement. Default in the observance or performance of any other provision of this Agreement; or (b) Material Misrepresentation. Any representation or warranty made by the Grantee in this Agreement or in any statement or certificate furnished by it pursuant to this Agreement, or made in its application for CAT marketing funds, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or (c)Adverse Change in Financial Condition. Any change shall occur in the.financial condition of the Grantee which would have a material adverse effect on the ability of the.Grantee to perform under this Agreement; or (d) Bankruptcy or Similar Proceedings Initiated. Grantee becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws; Grantee terminates or suspends its business; or the Board reasonably believes that Grantee has become 4 Marketing Agreement Number. 11-MKT-014,Waterloo Center for the Arts • insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law; 7.2 Notice of Default and Opportunity to Cure.- If Board has reasonable cause to believe that an Event of Default has occurred under this Agreement the Board shall issue a written Notice of Default to the Grantee, setting forth the nature of the alleged default in reasonable specificity, and providing therein a reasonable period time, from the date of the Notice of Default, in which the Grantee shall have an opportunity to'cure, provided that cure is possible and feasible. 7.3 Default Remedies: If the breach or noncompliance is not remedied by the date of the whiten notice,the.Board., may do aiiy of the following: (a) Suspend pending disbursements and terminate further disbursements of Grant funds. (b) Declare the total amount of Grant funds disbursed to be forthwith due and payable, including any and fees, charges and other amounts payable under this Agreement.The total amount due shall be and become immediately due and payable without further demand, presentment, protest or notice of any kind. (c) Immediately terminate this Agreement without additional written notice. (d) Enforce the terms and conditions of this Agreement and seek any legal or equitable remedies. 7.4 Expenses.Grantee agrees to pay to the Board all expenses reasonably incurred or paid by Board including . reasonable attorneys'fees and court costs, in connection with any Default br Event of Default by the Grantee or in connection with the enforcement of any of the terms of this Agreement. • • ARTICLE 8 • MISCELLANEOUS - 8.2 Choice of Law and Forum; Governing Law. • • (a) In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement,the proceeding shall-be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa, if such court haslurisdiction: If however, such court lacks jurisdiction and jurisdiction lies only in a United States District • Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. . • . . • (b)This-provision shall not be construed as waiving any immuhity to suit or liability,'in state or federal court, which may be available to the Board, the State of Iowa or its members, officers, employees or agents. (c)This Agreement and the rights and duties of the Parties hereto shall be governed by, and construed in accordance with the internal laws of the State of Iowa without regard to principles of conflicts of laws. 8.3 Agreement Amendments.The Agreement may only be amended if done so in writing and signed by the Grantee and the Board. 8.4 Notices. All notices hereunder shall be in writing and shall be given to the relevant party at its address, or e-mail address or fax number as set forth on the first page of this Agreement Each such notice, request or other communication shall be effective(i) if given by facsimile,when such facsimile is transmitted to the facsimile number specified and a confirmation of such facsimile has been received by the sender, (ii) if given by e-mail, when such e- mail is transmitted to the e-mail address specified and a confirmation of such e-mail has been received by the sender, • (iii) if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested, addressed as aforesaid or(iv) if given by any other means, when delivered at the addresses specified. 8.5 Headings. Article headings used in this Agreement are for convenience of reference only and are not a part of this Agreement for any other purpose. 8.6 Waivers. No waiver by Board of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Board in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by Board shall preclude future exercise thereof or the exercise of any other right or remedy. 8.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. • 8.8 Survival of Representations. All representations and warranties made herein or in any other Agreement document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Agreement and the other Agreement documents and shall continue in full force and effect with respect to the date as of which they were made until all of Grantee's obligations or liabilities under this Agreement have been satisfied. 5 vlarketing Agreement Number: 11-MKT-014,Waterloo Center for the Arts 3.9 Severability of Provisions.Any provision of this Agreement which is unenforceable in any jurisdiction, shall, as :o such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions iereof or affecting the validity or enforceability of such provision in any other jurisdiction. All rights, remedies and )owers provided in this Agreement or any other Agreement document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Agreement and any other Agreement document are intended to be subject to al.l applicable mandatory provisions of law which nay be controlling and to be limited to the extent necessary so that they will not render this Agreement or any other agreement document invalid or unenforceable. 3.10 Nonassignment.This Agreement may not be assigned by Grantee without prior written consent of the Board. 3.11 Termination. This Agreement may be terminated in the following circumstances: (a)As a result of the 3rantee's unremedied default under this Agreement; (b)As a result of the termination or reduction of funding to Board; ;c) upon written mutual, written agreement of Board and Grantee. 3.12 Integration.This Agreement contains the entire understanding between the Grantee and Board relating to the Project and any representations that may have been made before or after the signing of this Agreement which are not ;ontained herein, are nonbinding, void and of no effect Neither of the Parties has relied on any such prior -epresentation in entering into this Agreement. IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties lave entered into this Agreement and have caused their duly authorized representatives to execute this Agreement, effective as of the latest date below(the"Contract Effective Date"): FOR TH H BOARD: • Regenia D.Bailey, Vision Iowa Board Chairwoman Date FORTH!,GRANTEE: , , • si ' e �X IQhnto M 711-10Ji DeigyhtudiA40-4'-hl1� Dry Printed Name and Title Oarliaol) Date • 6 WALE PLC° CONVENTlCN&VISITORS BUREAU February 8, 2011 Dear Shannon, At last night's meeting,the Waterloo City Council approved recommendations for the FY12 Hotel-Motel Tax Grant program. The Waterloo Center for the Arts application for the Pavilion/Holiday Arts Festival Marketing was reviewed and funding in the amount of$10,000 was approved.The approved funds are to be used specifically for the items outlined in your grant application. Please also note the following: u Funds must be used for the project specified in your grant application. If details of your project change, please contact me at 319-233-8350 prior to funds being spent to ensure that funds will be approved for the changed use. ❑ Funding is for projects and expenditures that occur in Fiscal Year 2012 (July 1,2011—June 30, 2012). ❑ Funding is distributed as reimbursement approximately 30 days after receipt of the post-event evaluation form, which is included with this letter. u A logo highlighting the funding received through the Waterloo Hotel-Motel Tax Fund is to be included on all print and video materials, and acknowledgement of the funding should be included in all audio materials. The logo is available by contacting me. ❑ Funding may be used only for"Fundable Items" as highlighted on the grant application. If you have any questions, please feel free to contact me at 319-233-8350. Thanks very much for all you do for Waterloo tourism! Sincerely Ai Aaron : 11 a Executive Director W T RL CONVENT'GN &VISITo=.s EUREAU February 8, 2011 Dear Shannon, At last night's meeting,the Waterloo City Council approved recommendations for the FY12 Hotel-Motel Tax Grant program. The Waterloo Center for the Arts application for the Artists of the Bahamas was reviewed and funding in • the amount of$3,000 was approved.The approved funds are to be used specifically for the marketing outlined in your grant application. Please also note the following: ❑ Funds must be used for the project specified in your grant application. If details of your project change, please contact me at 319-233-8350 prior to funds being spent to ensure that funds will be approved for the changed use. ❑ Funding is for projects and expenditures that occur in Fiscal Year 2012 (July 1, 2011—June 30, 2012). ❑ Funding is distributed as reimbursement approximately 30 days after receipt of the post-event evaluation form, which is included with this letter. ❑ A logo highlighting the funding received through the Waterloo Hotel-Motel Tax Fund is to be included on all print and video materials, and acknowledgement of the funding should be included in all audio materials. The logo is available by contacting me. ❑ Funding may be used only for"Fundable Items" as highlighted on the grant application. If you have any questions, please feel free to contact me at 319-233-8350. Thanks very much for all you do for Waterloo tourism! Sincerely, Aaro Buz Executive Director RESOLUTION NO. 2011-123 RESOLUTION APPROVING AGREEMENT WITH IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY DEVELOPMENT/MARKETING DIRECTOR FOR THE WATERLOO CENTER FOR THE ARTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated February 21, 2011, for a Vision Iowa - Community Attraction and Tourism (CAT) Marketing Program Grant, Agreement No. 11-MKT-014, in the amount of $15, 000 . 00, for advertisement costs for the Waterloo Center for the Arts - Phelps Youth Pavilion, by and between the Iowa Department of Economic Development and the City of Waterloo, Iowa, be and the same is hereby approved, and the Development/Marketing Director for the Waterloo Center for the Arts authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 215t day of February, 2011 . '��,���".'r Ernest G. Clark, Mayor ATTEST: Suzy Scha'es, CMC City Clerk • Council Communication City Council Meeting: February 21, 2011 Prepared: February 15, 2011 �!(� Dept. Head Signature: Number of Attachments: 0 SUBJECT: Hotel/Motel Tax Mini-Grant Change authroization Submitted by: Aaron Buzza Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for reinstating FY11 hotel-motel tax grant funding for Kiwanis Club for securing Air Show. Summary Statement: The CVB board and City Council had approved $10,000 hotel-motel tax grant funding for FY11 for an Air Show in February 2010 as part of the overall hotel-motel tax grant recommendations. The Kiwanis had declined funding when the Air Show was not secured for August 2010. The Kiwanis have since secured the Thunderbirds for an Air Show in August 2011, and have requested that the grant be reinstated, with a change in approved use from marketing to entertainment (both fundable expenses per the grant application). The funds will be used within the current fiscal year as required by the application. The CVB Board reviewed the request and the proposed change and voted to recommend that Council approve reinstatement. Expenditure Required: $10,000 Source of Funds: Hotel-motel tax grant funding for FY11 Policy Issue: None Alternative: Do not provide funding Background Information: N/A 1 RESOLUTION NO. 2011-124 RESOLUTION APPROVING THE ACCEPTANCE OF A WATERLOO CONVENTION & VISITORS BUREAU HOTEL/MOTEL GRANT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Waterloo Convention & Visitors Bureau Hotel/Motel grant, in the amount of $3, 000 . 00, to be used for the Master Artists of the Bahamas Symposium & Exhibition, be and the same is hereby approved. PASSED AND ADOPTED this 21st da f February, 2011 . ,--,,"("44*--e— .2:" Ernest G. Clark, Mayor ATTEST: �'"''� c- --JLa--.Ct-P'IGli'Adi) Suzy Schgres, CMC City Clerk I RESOLUTION NO. 2011-125 RESOLUTION APPROVING THE ACCEPTANCE OF A WATERLOO CONVENTION & VISITORS BUREAU HOTEL/MOTEL GRANT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Waterloo Convention & Visitors Bureau Hotel/Motel grant, in the amount of $10, 000. 00, to be used for the Phelps Youth Pavilion & Holiday Arts Festival marketing, be and the same is hereby approved. PASSED AND ADOPTED this 21st day of February, 2011 . 4,54LieL d4e� rnest G. Clark, Mayor ATTEST: fa.., ClackgAA010__________ Suzy Sch1res, CMC City Clerk RESOLUTION NO. 2011-126 RESOLUTION APPROVING THE REINSTATEMENT OF WATERLOO CONVENTION & VISITORS BUREAU FY11 HOTEL/MOTEL TAX GRANT FUNDING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the reinstatement of Waterloo Convention & Visitors Bureau FY11 hotel/motel tax grant funding for the Kiwanis Club, in the amount of $10, 000. 00, to be used for securing an Air Show, be and the same is hereby approved. PASSED AND ADOPTED this 21st day of February, 2011 . rnest G. Clark, Mayor ATTEST: Suzy Schres, CMC City Cle_k CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2011 Prepared: February 15, 2011 Dept. Head Signature: Eric Thorson, P.E., City Engineer # of Attachments: SUBJECT: F.Y. 2011 BIENNIAL BRIDGE INSPECTIONS Submitted by: W.Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action: Authorize Mayor Clark to sign Professional Services Agreement with AECOM Technical Services, Inc. Summary Statement: Bridges and culverts are important components of transportation systems. The Federal Highway Administration(FHWA)requires biennial bridge inspections if government bodies wish to continue receiving Federal transportation dollars. These inspections allow the city, state and federal governments the ability to plan, prioritize and budget bridge repairs and replacements. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required: $29,500.00 Source of Funds: General Obligation Bonds - Bridge Inspections Policy Issue: N/A Alternative: N/A Background Information: • AECOM Technical Services, Inc. has been conducting our most recent bridge and culvert inspections. AECOM's staff is familiar with our structures, have the records for each and have the manpower and expertise to complete the inspections and submit the required reports in a timely manner. The FY2011 Biennial Bridge Inspections will consist of two parts: Part one will be the preparation of bridge load ratings for the 18`h Street,West Airline Highway culverts, West Shaulis Road bridge, and MLK over Lane Street. These are newer structures that meet current design standards and were not previously required to have load ratings. With the recent failures of bridges throughout the nation, the FHWA is now requiring that all structures have load ratings on file. Load ratings have been previously developed for all other structures. Part two will be the inspection of 61 bridges and culverts within the city limits. From those inspections, AECOM will deliver a report of the bridge conditions, highlighting maintenance concerns. The final report shall be delivered by September 16, 2011, allowing staff time to review maintenance and/or replacement options and have those options ready for the Fall 2012 budget-planning period. A=COM Letter of Transmittal DATE: February 15,2011 JOB ID NO. TO: City of Waterloo ATTENTION: Mr. Eric A.Thorson, P.E. 715 Mulberry Street RE: Biennial Bridge Review Program-F.Y. 2011 Waterloo, Iowa 50703 WE ARE SENDING YOU: 0 Attached ❑ Prints 0 Under Separate Cover Via the Following Items: ❑ Shop Drawings ❑ Change Order ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Copies Date No. Description 2 Professional Services Agreement for Above-Referenced Project vim" CCSY THESE ARE TRANSMITTED AS CHECKED BELOW: ❑O For Approval ❑ Approved as Submitted 0 Resubmit Copies for Approval ❑ For Your Use ❑ Approved as Noted ❑ Submit_Copies for Distribution ❑O As Requested ❑ Returned for Corrections ❑ Return Corrected Prints ❑ For Review and Comment ❑ ❑ For Bids Due 20 0 Prints Returned After Loan to Us REMARKS: We look forward to working with the City of Waterloo on this project. Upon execution,please return one(1) signed original for our files. COPY TO: SIGNED: aii?2j/ .._,;1(2 DWS:blc Douglas .Schindel, P.E. If enclosures are not as noted,kindly notify us at once. 501 Sycamore Street,Suite 222 • P.O.Box 1497 • Waterloo,Iowa 50704-1497 • (319)232-6531 • Fax: (319)232-0271 RESOLUTION NO. 2011-127 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated February 21, 2011, at a cost of $29, 500 . 00, for F.Y. 2011 Biennial Bridge Inspections, by and between AECOM Technical Services, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of February, 2011 . LiijgErnest G. Clark, ATTEST: --;;AA6 Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication P{~` City Council Meeting: February 21, 2010 Prepared: February 15, 2010 Dept. Head Signature: Eric Thorson, PE., City Engineer Y # of Attachments: 1� SUBJECT: F.Y. 2011 MIDPORT BLVD. EXTENSION-PHASE II CONTRACT NO. 802 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. This document has been reviewed by this office and is recommended for approval by the City Council. Expenditure Required $175.00 Source of Funds Local Option Sales Tax Policy Issue N/A Alternative None Background Information: This project includes the construction of 700 feet of MidPort Boulevard northwest from West Airline Highway. The new roadway will serve the new Standard Forwarding Trucking Terminal site development in MidPort America Park. PUBLIC NOTICE OF STORM WATER DISCHARGE The City of Waterloo, Iowa, plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2 "Storm Water Discharge Associated With Industrial Activity for Construction Activities." The storm water discharge will be from the construction of Midport Boulevard Phase III Grading and Paving. Located in SE '%Section 4, Township 89N, Range 13W, Black Hawk County, Iowa. Storm water will be discharged from one point source(s) and will be discharged to the following streams: Roadway Ditches to an Unnamed Drainageway, Ultimately to the Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 502 East 9th Street, Des Moines, Iowa, 50319-0034. The public may review the Notice of Intent from 8:00 a.m. to 4:30 p.m., Monday through Friday, at the above address after it has been received by the Department. C\work\project1601897B11400_Technical1405_Hydrology-Drainage\NPDES Permits1Midport Public Notice.doc IOWA DEPARTMENT OF NATURAL RESOURCES IDNR CASHIER'S USE ONLY 0253-542-SW08-0581 ENVIRONMENTAL PROTECTION DIVISION NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT No.1 FOR"STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY" or No.2 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES" or No.3 FOR"STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR ASPHALT PLANTS,CONCRETE BATCH PLANTS,ROCK CRUSHING PLANTS,AND CONSTRUCTION SAND AND GRAVEL FACILITIES." PERMIT INFORMATION Has this storm water discharge been previously permitted? 0 Yes ❑X No If yes,please list authorization number Under what General Permit are you applying for coverage? General Permit No. 1 0 General Permit No.2 O General Permit No. 3 0 PERMIT FEE OPTIONS For coverage under the NPDES General Permit the following fees apply: N Annual Permit Fee$175(per year)Maximum coverage is one year. ❑ 3-year Permit Fee$350 Maximum coverage is three years. ❑ 4-year Permit Fee$525 Maximum coverage is four years. ❑ 5-year Permit Fee$700 Maximum coverage is five years. Checks should be made payable to:Iowa Department of Natural Resources. FACILITY OR PROJECT INFORMATION Enter the name and full address/location(not mailing address)of the facility or project for which permit coverage is requested. NAME: Midport Boulevard Extension Phase III STREET ADDRESS OF SITE: North Side of Airline Hwy.Approx. 1100' West of Wa er Rd.and Airline H .Intersection. CITY: Waterloo COUNTY: Black Hawk County STATE: Iowa ZIP CODE: 50703 CONTACT INFORMATION Give name,mailing address and telephone number of a contact person (Attach additional information on separate pages as needed). This will be the address to which all correspondence will be sent and to which all questions regarding your application and compliance with the permit will be directed. NAME: Jeff Bales ADDRESS: 715 Mulberry Street CITY: Waterloo STATE: Iowa ZIP CODE: 50703 TELEPHONE (319)291-4312 Check the appropriate box to indicate the legal status of the operator of the facility. 0 Federal 0 State ❑x Public ❑Private 0 Other(specify) 11 SIC CODE(General Permit No. I &3 Applicants Only) SIC code refers to Standard Industrial Classification code number used to classify establishments by type of economic activity. Be sure to complete both sides of this form. 542-1415(Rev.7/08) FACILITY LOCATION OR LOCATION OF CONSTRUCTION SITE Give the location by'/ section,section,township,range,(e.g.,NW,7,T78N,R3W). 1/4 SECTION SECTION TOWNSHIP RANGE MAIL TO: STORM WATER COORDINATOR SE '/a 4 89 N 13 W IOWA DEPARTMENT OF NATURAL RESOURCES 502 E.9111 STREET DES MOINES,IA 50319-0034 OWNER INFORMATION Enter the name and full address of the owner of the facility. NAME: City of Waterloo,Iowa ADDRESS: City Hall,715 Mulberry Street CITY: Waterloo STATE: Iowa ZIP CODE: 50703 TELEPHONE: (319) 291-4301 OUTFALL INFORMATION Discharge start date,i.e.,when did/will the site begin operation or 10/1/92,whichever is later: April is`.2011 Is any storm water monitoring information available describing the concentration of pollutants in storm water discharges? ❑ Yes ❑x No NOTE: Do not attach any storm water monitoring information with the application. Receiving water(s)to the first uniquely named waterway in Iowa,(e.g.,road ditch to unnamed tributary to Mud Creek to South Skunk River): Storm Sewer Piping and roadway drainage ditches along Midport Boulevard to Airline Highway ditches to an unnamed drainageway ultimately to the Cedar River. Compliance With The Following Conditions: Yes No Has the Storm Water Pollution Prevention Plan been developed prior to the submittal of this Notice of Intent and does the plan meet the requirements of the applicable General Permit?(do not submit the SWPPP with the X application) Will the Storm Water Pollution Prevention Plan comply with approved State(Section 161A.64,Code of Iowa)or local sediment and erosion plans?(for General Permit 2 only) X Have two public notices been published for at least one day,one each in the two newspapers with the largest circulation in the area where the discharge is located,and are the proofs of notice attached?(new applications only) x GENERAL PERMIT NO.2 AND GENERAL PERMIT NO.3 APPLICANTS COMPLETE THIS SECTION. Description of Project(describe in one sentence what is being constructed): Construction of approximately 900 feet of new grading and paving along with associated roadway storm sewer and ditching. For General Permit No.3-Is this facility to be moved this year? Number of Acres of Disturbed Soil: 3.0 ❑ Yes ❑ No (Construction Activities Only) Estimated Timetable For Activities/Projects,i.e.,approximately when did/will the project begin and end: Start: April ls`,2011 End:December 31st,2011 CERTIFICATION—ALL APPLICATIONS MUST BE SIGNED Only the following individuals may sign the certification: owner of site, principal executive officer of at least the level of vice- president of the company owning the site, a general partner of the company owning the site, principal executive officer or ranking elected official of the public entity owning the site,any of the above of the general contracting company for construction sites. I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified people properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,this information is to the best of my knowledge and belief, true, accurate, and complete. I further certify that the terms and conditions of the general permit will be met. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. NAME:(print or type) Ernest G.Clark TITLE: Mayor,City of Waterloo SIGNATURE: DATE: RESOLUTION NO. 2011-133 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE F. Y. 2011 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 796, 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 plans, specifications, form of contract, etc. , in conjunction with the F. Y. 2011 Asphalt Overlay Program, Contract No. 796, 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 21st day of February, 2011 . -414"/ edi Ernest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 21, 2011 Prepared: February 16, 2011 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution approving request to submit Early Retiree Reinsurance Program Application Submitted by: Suzy Schares, City Clerk Recommended City Council Action:Approve submittal of application Summary Statement:This program provides reimbursement for a portion of the cost of health benefits for early retirees. The Secretary will reimburse plans for certain claims between $15,000 and$90,000. Congress has appropriated$5 billion for the temporary program. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Once the application is approved by U.S. Department of Health and Human Services claims will be calculated and submitted quarterly. OMB Approval#0938-1087 Early Retiree Reinsurance Program (ERRP)Plan Sponsor Instructions for Completing an Application U.S.DEPARTMENT OF HEALTH&HUMAN SERVICES Overview The Early Retiree Reinsurance Program(ERRP)was established by section 1102 of the Patient Protection and Affordable Care Act(the Affordable Care Act),P.L. 111-148, enacted on March 23,2010. The Congress appropriated funding of$5 billion for the temporary program. Section 1102(a)(1)requires the Secretary to establish this temporary program not later than 90 days after enactment of the statute,which is June 21, 2010. The program ends no later than January 1, 2014. The program provides reimbursement to participating employment-based plans for a portion of the cost of health benefits for early retirees and their spouses, surviving spouses and dependents. The Secretary will reimburse plans for certain claims between $15,000 and$90,000 (with those amounts being indexed for plan years starting on or after October 1, 2011). The purpose of the reimbursement is to make health benefits more affordable for plan participants and sponsors so that health benefits are accessible to more Americans than they would otherwise be without this program. The program addresses the recent erosion in the number of employers providing health benefits to early retirees. People in the early retiree age group often face difficulties obtaining insurance in the individual market because of advanced age or chronic conditions that make coverage unaffordable and inaccessible. The program provides needed financial help for employer-based plans to continue to provide valuable coverage to plan participants, and provides financial relief to plan participants. The program provides reimbursement to participating sponsors of employment-based plans for a portion of the costs of providing health benefits to early retirees (and eligible spouses, surviving spouses, and dependents of such retirees). The program regulation at 45 C.F.R.Part 149 defines the term "sponsor", "employment-based plan", "health benefits,"and"early retiree,"as well as many other important terms that are relevant to the program. The regulation also sets forth the requirements of the program, including the requirements discussed in these instructions. This document provides general instructions with respect to completing a program application (see ERRP regulation at 45 C.F.R. §149.40). Please note that if any information in the Application changes or if the sponsor discovers that any information is incorrect,the sponsor is required to promptly report the change or inaccuracy. It is critical for program applicants and participants to read the regulation, and the "Common Questions"and other policy guidance on the ERRP website,at www.errp.gov, in order to fully understand which organizations qualify for the program,how to apply for the program,what Page 2 HHS Form#CMS-10321 RESOLUTION NO. 2011-129 RESOLUTION AUTHORIZING SUBMISSION OF A U. S. DEPARTMENT OF HEALTH & HUMAN SERVICES GRANT FOR AN EARLY RETIREE REINSURANCE PROGRAM (ERRP) . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Early Retiree Reinsurance Program (ERRP) Plan, be and the same is hereby approved, and the City Clerk authorized to submit same to the U. S . Department of Health & Human Services in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of February, 2011 . .27 Alelf nest G. Clark, Mayor ATTEST: Suzy Schles, CMC City Cler ai, CITY OF WATERLOO IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 er10O tO NOH C ANDERSON,Comwutliy Planning&Development Pttecrot Council Communication U cr City Council Meeting: February 7, 2011 (/ BUCK CL.ARK Prepared: February 2, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 COUNCIL, MEMBERS SUBJECT: Resolution approving the Acquisition of the school properties: Baltimore Field, Williston field, and the former Lincoln School site. DAVID (ONES Submitted by: Noel Anderson, Community Planning & Development Director Ward/ Recommended City Council Action:Authorization of the acquisition of land as described, CAROI Y' for$1.00, with closing costs estimated at $400. COLT Summary Statement: As you may recall, the City Council authorized staff to proceed with interest in the land as described. There are all excellent infill development sites, which staff HAROLD will work with developers for new housing opportunities within the community. GET1 w't,r,r The Waterloo Community Schools Board took action to authorize the sale and conveyance of these sites to the City of Waterloo. Staff is currently working to evaluate and propose QUENTIN'. rezoning these and some other sites within the community for a Planned Residence District HART designation so we can help properly develop and redevelop these sites for a positive Wald{ influence on the neighborhoods surrounding them. RON WELPER Expenditure Required: up to $400 in closing costs LUaai 5 Source of Funds: Land and Right of Way line item funds BOB GREENWOOD Policy Issue: Housing Development within the City of Waterloo. At-Large Alternative: Not acquire STEVE SCII vtI't`i Background Information: The City of Waterloo wants to continue to work towards new At-lar;e housing opportunities and improvements to existing neighborhoods. 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'' • C • .!" `C�.„ ° , Ln : I=F - # ,.. • p P=, rty f `: L i • `':L1M. .� } } + J .. ,2 f '± -"`xTb.+ .tri "Mire -. � *v.dit ,,, created'with_Ardor. s, Ccrpyrtplil{C i 19f32k200, 1 Esg_g inc ' f 4 n Minutes of the Board of Education Waterloo Community School District County of Black Hawk, State of Iowa November 22,2010 The Board of Education of the Waterloo Community School District, County of Black Hawk, State of Iowa, was called to meet in regular session at 6:00 p.m. on Monday, November 22, 2010, in the Board Room of the Education Service Center, 1516 Washington Street, Waterloo, Iowa. Ms. Bernice Richard acted as meeting chair due to Mr. Mike Young's participation by phone. Present: Board Members: Shanlee McNally, Sue Flynn, Bernice Richard, Lyle Schmitt, Barb Opheim; Mike Young present by phone Superintendent, Dr. Gary Norris Assistant Superintendent for Administrative/Student Services, Dr. Peg Dokken-Opat Associate Superintendent for Educational Services, Dr. Jane Lindaman Executive Director of School&Community Relations/Board Secretary, Sharon Miller Chief Financial Officer/Board Treasurer, Michael Coughlin Associate Superintendent for Human Resources& Equity, Dr. Bev Smith Absent: Board Member, David Meeks I. Call to Order H. Moment of Silence HI. Pledge of Allegiance IV. Mission Statement The Waterloo Schools Mission Statement was read by Ms. Flynn. V. Public Hearing for East High School Athletic Training Facility Ms. Richard declared the Public Hearing for the East High School Athletic Training Facility open. No public comments were brought forth. It was moved by Ms. McNally and seconded by Ms. Opheim to close the Public Hearing for East High School Athletic Training Facility. Motion carried 6-0. VI. New Partnership Signing—Cadillac Lanes This item was presented as Information Only. Ms. Crystal Buzza, Director of Strategic Partnerships, and Ms. Marla Padget, Central Middle School principal, provided information. VII. New Partnership Signing—First Presbyterian Church This item was presented as Information Only. Ms. Crystal Buzza, Director of Strategic Partnerships, and Ms. Loleta Montgomery, Irving Elementary principal, provided information. VIII. New Partnership Signing—Trinity Episcopal Parish This item was presented as Information Only. Ms. Crystal Buzza, Director of Strategic Partnerships, Dr. Mary Jo Wagner, Highland Elementary principal, and Patricia Carlson, school chair of Highland Elementary Partners in Education, provided information. IX. Board Celebration —Prime Time Volunteers This item was presented as Information Only. Ms. Ellen Vanderloo, Volunteer Coordinator, provided information. X. Information from Individuals and Delegations Ms. Nicole Rodriquez, 202 First Street, Washburn, representing the Washburn Community Association, spoke concerning the association's interest in the Washburn school site. Ms. Diana Kruger, 1358 Wren Road, Waterloo, spoke about the revised dress code as well as safety concerns at West High. Ms. Hanna Kinney, student, 403 Crestridge Drive, Waterloo, spoke concerning discipline issues in school. Mr. Paul Smith, 826 Sunrise Blvd., Waterloo, called attention to an error in exhibit N and spoke in opposition to the revised dress code. Ms. Deidre Shay, 3565 Pheasant Lane, Waterloo, spoke in opposition to the revised dress code. Mr. Jason VanClark, 800 Hickory Street, Waterloo, spoke concerning the revised dress code. Ms. Missie Denning, 1007 Baltimore Street, Waterloo, expressed her disappointment in not being asked to serve on the expanded Policy Review Committee for the revised dress code. Ms. Kim Eastland, 1414 Black Hawk Road, Waterloo, spoke concerning the revised dress code. Mr. Austin Kinney, student, 403 Crestridge Drive, Waterloo, spoke concerning the revised dress code. Mr. Elliott Rossow, student, 403 Sunset Road, Waterloo, spoke concerning the enforcement of the dress code within the schools. Ms. Aly Eastland, student, 1414 Black Hawk Road, Waterloo, told a story for the school board to consider when reviewing the dress code. Mr. Jack Rash, 145 Winsor Ridge Drive, Raymond, spoke concerning the TNT Foundation and the new Athletic Facility at East High School. Ms. Karen Kinney, 403 Crestridge Drive, Waterloo, spoke concerning communication issues in regards to the recent bomb threat at West High; also spoke concerning the dress code. XI. Consent Agenda It was moved by Mr. Young and seconded by Ms. McNally that the Board of Education approve the consent agenda, as revised. Motion carried 6-0. Motions approved were: • Approve the Minutes of the November 8, 2010, Regular Board Meeting • Approve the Personnel Appointments and Adjustments • Approve the appointment of Board member to Black Hawk County Conference Board • Approve the Labor Negotiations Team • Approve the Equipment Purchase • Approve the Old Lincoln Demo Change Order#003 Exhibit H: Bills Due and Payable and Bills Paid Between Board Meetings It was moved by Ms. Opheim and seconded by Ms. McNally that the Board of Education approve bills due and payable and bills paid between Board meetings. Mr. Young abstained due to a possible conflict of interest. Motion carried 5-0-1. Mr. Young abstained. Exhibit I: SBRC Additional Allowable Growth Request for Open Enrollment Out Students Not Counted in FY10 and for Continued Funding for Limited English Proficient It was moved by Mr. Schmitt and seconded by Ms. Opheim that the board of Education authorize the administration to submit the SBRC Application form to the School Budget Review Committee requesting modified allowable growth funding. Mr. Michael Coughlin, Chief Financial Officer, Ms. Cora Turner, Executive Director of Student and At-Risk Services, and Ms. Sharon Miller, Executive Director of School&Community Relations, provided information. Motion carried 6-0. Exhibit N: East High School Academy Remodeling Changer Order#007 This item was presented as Information Only. Dr. Gary Norris, Superintendent, and Mr. Michael Coughlin, Chief Financial Officer, provided information on the project which came in under budget. XII. Student Enrollment by Building and Grade Level This item was presented as Information Only. XIII. Contract Termination Agreement—Covenant Medical Center It was moved by Mr. Young and seconded by Ms. McNally that the Board of Education approve the Contract Termination Agreement with Covenant Medical Center for a Covenant employee who would act as a mentor coordinator for the District. Ms. Sharon Miller, Executive Director of School&Community Relations, provided information. Motion carried 6-0. XIV. Grant Request to Lowe's Charitable and Educational Foundation—Safety Buckets It was moved by Ms. Opheim and seconded by Ms. Flynn that the Board of Education approve the grant to the Lowe's Charitable and Educational Foundation in the amount of$16,000 and acceptance of any resulting award. Ms. Sharon Miller, Executive Director of School& Community Relations, and Ms. Crystal Buzza, Director of Strategic Partnerships, provided information. Motion carried 6-0. XV. Request to Waterloo Convention and Visitor's Bureau and Cedar Valley Sports Commission for Battle of Waterloo It was moved by Mr. Young and seconded by Ms. Opheim that the Board of Education authorize submission of grants to the Cedar Valley Sports Commission of$6,000 and to the Waterloo Convention and Visitor's Bureau in the amount of$10,000 for the Battle of Waterloo and approval of any resultant awards. Mr. Brenton Shavers, Expo Alternative Learning Center principal, Mr. Todd Coulter, East High School Athletic Director, and Ms. Crystal Buzza, Director of Strategic Partnerships, provided information. Motion carried 6-0. XVI. Approve East High School Athletic Training Facility It was moved by Mr. Schmitt and seconded by Ms. Opheim that the Board of Education approve the East High School Athletic Training Facility as presented. Dr. Gary Norris, Superintendent, provided information. Motion carried 6-0. XVII. Sale or Disposal of Real Property It was moved by Ms. McNally and seconded by Ms. Flynn that the Board of Education approve the Facility Committee recommendations as presented with the exception of the Washburn and Devonshire sites. Sites approved are as follows: Property Person/Group Offer 1651 Sager Avenue Rory Delagardelle $1501 1725 Sager Avenue Rory Delagardelle $1251 1661 Sager Avenue Rory Delagardelle $501 Expo High School Peoples Community Health Clinic $1 Baltimore Field City of Waterloo $1 Williston Field City of Waterloo $1 Old Lincoln Site City of Waterloo $1 Old Irving School Habitat for Humanity Donation Maywood Tri-County Development Council Donation Dr. Gary Norris, Superintendent, provided information. Motion carried 6-0. XVIII.Federal Education Jobs Fund It was moved by Ms. Opheim and seconded by Ms. McNally that the Board of Education hereby directs the Superintendent to utilize Federal Education Jobs funds toward the goal of maintaining current district employment levels for the 2010-11 school year, absent any unforeseen further reductions in district revenues. Dr. Gary Norris, Superintendent, provided information. A friendly amendment was made to the motion and accepted by Ms. Opheim and Ms. McNally as follows: the Board of Education hereby directs the Superintendent to utilize Federal Education Jobs funds toward the goal of maintaining current district class-size levels for the 2010-11 school year, absent any unforeseen further reductions in district revenues. Motion carried 6-0. XIX. Board Policy Changes—First Reading The following policies were presented as Information Only. Revised copies of both the policy and the regulation were presented at the Board Meeting. • 504.2—Standardized Dress Code • 504.2-R—District Dress Code for Students XX. Superintendent's Report In his report to the Board, Dr. Norris shared the"Breaking Barriers"award which was accepted byMr. Youngon behalf of the District thispast week at the IASB Convention for the District's progress in Grade 5 Hispanic and Grade 11 IEP Reading Proficiency. He also noted that last week he met with Mr. Jacobsen, who has donated$11 for the Jacobsen Center for Literacy. Lincoln Elementary will be one of the schools piloted with the new approach to literacy. XVIII.Adjourn It was moved by Ms. McNally and seconded by Ms. Flynn that the Board of Education adjourn the meeting. Motion carried 6-0. The meeting adjourned at 8:37 p.m. Respectfully submitted, Sharon R. Miller, Board Secretary Date Approved by the Board of Education THE SUPERINTENDENT'S RECOMMENDATION IS: "the Board of Education approve the minutes of the November 22, 2010, regular Board meeting." EXHIBIT "A" LEGAL DESCRIPTION—LINCOLN SCHOOL The following property located in Waterloo, Black Hawk County, Iowa: Lots 1 thru 10, inclusive, Lots 12, Lots 16 thru 20, inclusive, the alley from the East line of said Lot 4 and 17 West to Burton Avenue in Block 14 and the West 35 feet of that part of the alley running East and West through Block 14 which lies between said Lots 5 and 16; all in Block 14 in Second Addition to Grand View Place, Waterloo, Iowa. EXHIBIT "A" LEGAL DESCRIPTION—BALTIMORE FIELD All that part of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition to Waterloo, Iowa, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa, lying South of the South line of Byron Avenue and North of the North line of Eureka Street. Lots No. One (1) and Two (2), in the Orlo C. Miller Addition to the City of Waterloo. The North Thirty feet(30 ft.) of the East One Hundred Forty(140) feet, of Lot No. Five (5), in Auditor Francis' Reitzel Plat, Waterloo, Iowa. WILLISTON FIELD- LEGAL DESCRIPTION Lot 3 in Auditor Francis' Dry Run Plat, Black Hawk County, Iowa except those parts deeded to the City of Waterloo, Iowa in 104 TLD 558, 292 TLD 33 and 583 CLD 264, RESOLUTION NO. 2011-130 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF WATERLOO BOARD OF EDUCATION PROPERTY GENERALLY LOCATED AT BALTIMORE FIELD, WILLISTON FIELD, AND OLD LINCOLN SCHOOL SITE IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, by Ordinance No. 4493, adopted on July 23, 2001, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Consolidated Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa (the "Plan") for the Urban Renewal Area, and WHEREAS, the hereinafter described parcels are within the Consolidated Urban Renewal Area (CURA) and Enterprise Zone areas, and as such have been previously designated as priority areas for redevelopment in the community, and WHEREAS, it is the intention of the City of Waterloo to evaluate and propose rezoning of these and other sites within the community for a Planned Residence District designation, and WHEREAS, the Cityof Waterloo oo intends to work with developers for new housing opportunities within the community, and WHEREAS, the acquisition of the hereinafter described parcels are in conjunction with the Consolidated Urban Renewal and Redevelopment Plan. Subject properties are legally described as follows : Lincoln School Lots 1 thru 10, inclusive, Lot 12, Lots 16 thru 20, inclusive, the alley from the East line of said Lot 4 and 17 West to Burton Avenue in Block 14 and the West 35 feet of that part of the alley running East and West through Block 14 which lies between said Lots 5 and 16; all in Block 14 in Second Addition to Grand View Place, City of Waterloo, Black Hawk County; And Baltimore Field All that part of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition to Waterloo, Iowa, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa, lying South of the South line of Byron Avenue and North of the North line of Eureka Street . Resolution No. 2011-130 Page 2 Lots No. One (1) and Two (2) , in the Orlo C. Miller Addition to the City of Waterloo. The North Thirty feet (30 ft. ) of the East One Hundred Forty (140) feet, of Lot No. Five (5) , in Auditor Francis' Reitzel Plat, City of Waterloo, Black Hawk County; And Williston Field Lot 3 in Auditor Francis' Dry Run Plat, Black Hawk County, Iowa except those parts deeded to the City of Waterloo, Iowa in 104 TLD 558, 292 TLD 33 and 583 CLD 264; for $1. 00 each, plus approximately $400 . 00 in closing costs NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for acquisition for the purposes as described in the Consolidated Urban Renewal and Redevelopment Plan. PASSED AND ADOPTED this 21st day of February, 2011 . nest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk opv,., CITY OF WATERLOO , 1 0 WA 1 , rp :. COMMUNITY PLANNING AND DEVELOPMENT 40, Mulberry Street • Waterloo, Iowa 50703 57A0 . (319)191 : Fax i '9 er/oo NUS.'.C.`\ DERSON.Commwuty PLLrm-t?g irn��„ CITY OF WATERLOO BUCKCLARK : K/ Council Communication "c`rUNC it. City Council Meeting: Februa 21 2011 MEMBERS g Prepared: February 15, 2011 Dept. Head Signature iota # of Attachments: 7_ „dI SUBJECT: To set a date of public hearing on the sale of a 657A property at 261 Cottage CARO 'YE! Grove to Roger and Hope Knebel for&6,251.00. ticor.E Submitted by: Chris Western-Planner II HAROLD Recommended City Council Action: To set a date of public hearing on the sale of a 657A property at 261 Cottage Grove to Roger and Hope Knebel for$6,251.00 and publish an Qi'ENiIN official notice pertinent to the requested sale. i-IART Summary Statement A single bid was received by Roger and Hope Knebel in the amount of RON $6,251. Staff has reviewed the bid and is recommending that the bid be accepted as submitted. `}yrFLri" b agreement There will be a development signedMr. and Mrs. Knebel prior to transferring tt,,.d 5 py property. BO:3 �� < G 11E1'N iNOOi> Expenditure Required N/A O`b STEM E'- Source of Funds N/A Ley Policy Issue Dilapidated Housing/Infill Development Alternative Demolish or re-bid Background Information: The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. The City acquired the property in 2008 through Iowa Code 657 A. Staff was asked to write a policy for the sale of 657A homes to the public and has know received it's first bid based on that policy. CITY Y \VEBSEFE www.ci.w,ticrioala.us WE'RE WORKING FOR You' wa n oo, An Equal Qrportunity!AHi,mative Action Employer r � City of Waterloo Property Bid Sheet Property to be bid upon: 261 Cottage Grove Name in which property would be transferred: ° o5e_i- \-kope_ 1'�nzL,v,l Name of bidder: 05e`r tNre.. Address of bidder: D5-14 in�ie�urnle�c e J.'e_ (.ti c ic.tlp, t4 Su7o7 Phone &Fax number of bidder: (3 yet) 3 i- V'93tF, \ r Sk L My offer for property being bid upon: Ce j as 1.00 $1,000.00 earnest fee: (Note:this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer.Also,it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: Sze c�>�e;c herl Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. })4410 / f I S l/o Signature of applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to Clerks office. 4-1-X/ I Rr-y- DESCRIPTION OF IMPROVEMENTS In kitchen new cabinets and appliances . New floor coverings where needed . Repaint and repair walls where needed . New fixtures in bathroom if needed . we have not been able to get access to this house , so it is hard to say what will need to be fixed , repaired or replaced . Reside the garage . New garage door. Repair front and back porch . Clean up the yard Reseed the yard if needed . will be doing some landscaping , but are not sure what we want to do yet . As stated abovem we have not been able to get acces to this house . we have called to see this house , but no one has been able to let us in to see what condition the house is in . So it is difficult to give a complete list intended improvements . our goal is to resell this house . we will need to make all necessary repairs and replacements to make this a home someone will want to buy. Page 1 . ri - n• credit union December 28, 2010 To the City of Waterloo To Whom It May Concern: Oh behalf of Roger and Hope Knebel, Veridian Credit Union hereby guarantee funds for the list named member for the purpose of purchasing and fixing up a house. If there are any concerns please feel free to contact us. Thank you, (In 6-61e__-. Karrie McCabe . Loan Officer. Crossroads. Veridian Credit Union. (319) 236-5600 ext. 3084. (800) 235-3228. karrieam@veridiancu.org. www.veridiancu.org. P.O.Box 6000 1827 Ansborough Ave Waterloo,IA 50704-6000 319.236.5600 www.veridiancu.org F NCUA Q. Qridk: n • credit union December 13, 2010 To Whom It May Concern, Roger Knebel has $15,000 in their accounts at Veridian Credit Union. This was verified on December 13, 2010. If you have any further questions or concerns please contact me at (319)236-5600. Sincerely, juuc( t vy' ii (tv,A1 Lindsey Annis Teller Service Representative P.O.Box 6000 1827 Ansborough Ave Waterloo,IA 50704-6000 319.236.5600 www.veridiancu.org NCUA i 0 Black Hawk County Property Photos Page 1 of 1 There is 1 photo of parcel 891230160013 • .w w �j i .�p.'Pin°�r...r.A. �^ h., Tyf SK•�+^ - 1"y6AM'� tom' LYTy.Y jr y yy!! ) . • ' .te '- 4' . http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=89123 0160013&a... 2/16/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8912-30-160-013 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED 7 EWTLO-07 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer 261 COTTAGE GROVE AV Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-5125 /22/2010 6/24/2010 2010 024269 D SALES BUILDING PERMIT None Date Number Amount Reason 2/24/2003 IWA 2554 351 Roof ASSESSED VALUES/CREDITS Year Class 2010 E 100% Land Dwelling Building M/E Total Acres Value 4,820 40,190 0 0 45,010 0 Taxable Land Dwelling Building M/E Total Value 4,820 40,190 0 0 45,010 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 4,820 40,190 0 0 45,010 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 2,261 18,853 0 0 21,114 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 4,820 40,190 0 0 45,010 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 2,197 18,322 0 0 20,519 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 940001 -WATERLOO District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 45,010 19,262 1,852 42.76081 $823.66 $824.00 Nocorp 0 0 0 0 $0.00 Homestead (Disabled Veteran (Property Tax Relief Ag Family Farm Credit Credit Credit (Credit Credit http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891230160013 2/16/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 (Corp I$0.00 I$0.00 I$0.00 I$0.00 1 I$0.00 I Nocorp $0.00 LEGAL (LINDEN PLACE W 15 FT LOT 12 BLK 13 E 30 FT LOT 13 BLK 13 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 45 45 142 142 0 6390 0.147 Foot Totals: 6390 0.147 DWELLING CHARACTERISTICS Type Style Single-Family / Owner Occupied 2 Story Frame Year Built Area Heat AC Attic 1909 572 Yes No None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 5 0 3 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp Exterior Walls Interior Finish Vinyl Plas Roof Asph /Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Plumbing Full Bath Porch Style Area 18 Frame Open 84 GARAGES CAR PORTS ear Built Style 'Width Length Area Basement Qtrs Over Area AC Basement Stalls None 939 Det Frame 12 20 240 0 None 0 0 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891230160013 2/16/2011 RESOLUTION NO. 2011-131 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE SALE AND CONVEYANCE OF CITY-OWNED 657A PROPERTY GENERALLY LOCATED AT 261 COTTAGE GROVE AVENUE TO ROGER AND HOPE KNEBEL AS MARCH 7, 2011, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 7th day of March, 2011, for the purpose of considering and acting upon a proposal to sell and convey city-owned 657A property generally located at 261 Cottage Grove Avenue to Roger and Hope Knebel, and legally described as follows : The West 15 feet of Lot 12 and the East 30 feet of Lot 13 Block 13, "Linden Place", all in the City of Waterloo, Black Hawk County, Iowa; for $6, 251 . 00 . Section 2 . That the City Clerk is hereby directed to Publish notice of the tim e and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 21st day of February, 2011 . Ernest . Clark, Mayor ATTEST: C Suzy S res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 I aS Prepared: February 1, 2011 Dept. Head Signature: Eric Thorson, P.E. t�4 ( # of Attachments: 1 L/ �`�'�" �� (�( SUBJECT: Title 8, Chapter 4,Article C, Post-Construction Storm Water Management Submitted by: Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action:Approval and adoption of the proposed ordinance. Summary Statement: Proposed ordinance Title 8, Chapter 4,Article C, Post-Construction Storm Water Management (8-4C) codifies the current post-construction storm water management policy used by the Engineering Department for controlling storm water discharges from new or redeveloped commercial and qualifying residential construction. This ordinance also contains requirements for the maintenance of the required storm water management facilities and provisions for the enforcement of maintenance by City personnel. Expenditure Required: None Source of Funds: N/A Policy Issue: Codifies existing Engineering Department policy for the management of storm water from commercial land development. Alternative: None Background Information: Under the conditions of the City of Waterloo's NPDES storm water discharge permit, the City was required to develop and implement four storm water ordinances. The first three ordinances have been established and are being enforced. The first ordinance,Title 8, Chapter 4, Storm Water Management Program, created the City's storm water management program. The second ordinance, Title 8, Chapter 4, Storm Water Management Program Article A, Illicit Discharge Detection and Elimination, created procedures to detect and eliminate illicit discharges into the storm sewer system. The third ordinance, Title 8, Chapter 4 Storm Water Management Program,Article B, Construction Site Erosion and Sediment Control, created construction site, plan review and enforcement procedures. The Engineering Department has had a policy in place now for 30+years requiring storm water detention for new commercial developments or redevelopment. The new ordinance codifies that policy. In December 2010, the Engineering Department sent copies of the proposed ordinance to key City personnel, local civil engineering and architectural firms, and several large land development firms for comments on the proposed ordinance. Their comments were reviewed and incorporated where possible into the proposed ordinance. The City attorney has reviewed the proposed ordinance and revisions made as necessary. A copy of that final draft was distributed on January 26, 2010, to Council members for the final review. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE C, POST-CONSTRUCTION STORM WATER MANAGEMENT, OF CHAPTER 4, STORM WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Article C, Post-Construction Storm Water Management, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, is hereby enacted as follows: TITLE 8 CHAPTER 4 STORM WATER MANAGEMENT PROGRAM ARTICLE C. POST-CONSTRUCTION STORM WATER MANAGEMENT Section 8-4C-1. Findings. A. The U.S. EPA's National Pollutant Discharge Elimination System ("NPDES") permit program ("Program") administered by the Iowa Department of Natural Resources ("IDNR") requires that cities meeting certain demographic and environmental impact criteria obtain from the INDR an NPDES permit for the discharge of storm water from a Municipal Separate Storm Sewer System (MS4) (the "MS4 Permit"). The City is subject to the Program and is required to obtain, and has obtained, an MS4 Permit. The City's MS4 Permit is on file at the office of the City Clerk and is available for public inspection during regular office hours. B. As a condition of the City's MS4 Permit, the City is obliged to develop, implement and enforce a post-construction storm water management ordinance. C. No state or federal funds have been made available to assist the City with inspections, monitoring activities and/or enforcing the Program. Accordingly, the City shall fund its inspections, monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties, which are made subject to the Program by virtue of state and federal law, and/or other funding sources. Fees shall be determined from time to time by resolution of the City Council. Section 8-4C-2. Definitions. Terms and acronyms used in this article shall, unless defined in this article, have the meanings given to them in Section 8-4-1 of this chapter. Applicant: Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision required by this article to develop a Post Construction Storm Water Management Plan in conjunction with the development or redevelopment of land within the City of Waterloo. Applicant's Engineer: A licensed Professional Civil Engineer, Registered Architect or Registered Landscape Architect employed by the Applicant who has primary responsibility for the design of the PC Plan for the Applicant's site. City Storm Water Management Requirements: Are set forth in Section 8-4C-4-C and are based, in part, upon the Iowa Storm Water Management Manual. Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes. Iowa Storm Water Management Manual: The manual collaboratively developed by the Iowa Department of Natural Resources (INDR) and the Center for Transportation Research and Education (CTRE) - now the Institute for Transportation (InTrans) - at Iowa State University that contains the sizing criteria, design and specification guidelines and BMPs that address storm water quality and quantity management. This manual can be found on the web at the following address: http://www.intrans.iastate.edu/pubs/stormwater/index.cfm Post Construction Storm Water Management Plan (PC Plan): The set of plans, specifications, calculations and supporting materials approved by the City that defines the system of BMPs that are to be constructed and maintained on the site to handle the quantity and increase the quality of storm water runoff created by development. Property Owner: A person who, alone or with another person or other persons, holds the legal title to property; except, however, where property has been sold on contract to a person who has the present right to possess the property and the contract has been filed for record in the Office of the County Recorder, in which case the person so purchasing the property, whether alone or with another person or other persons, is the "property owner", and the person retaining bare legal title to the property as a security for the balance of the purchase price is not the "property owner". Regional Storm Water Management Facility: Facilities designed to accept storm water runoff from two or more sites that are required to comply with all city, state or federal storm water management requirements. Single-Family Dwelling: A detached residence designed for or occupied by one family only. Storm Water Management: The use of BMPs that are designed in accordance with City storm water requirements to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. Section 8-4C-3. Applicability. A. This article shall apply to all development, redeveloped property or land disturbing activities within the City of Waterloo meeting the criteria stated below: 1. Land disturbing activity exceeding 43,560 square feet or more in area on land previously vacant of buildings or largely free of previous land disturbing activity; or 2. Land disturbing activity creating 5,000 square feet or more in area of impervious surface; or 3. Land disturbing activity that is smaller than the minimum area criteria set forth in this subsection, if such activities are part of a larger common plan of development that may or may not take place at the same time; or 4. Construction of new parking and storage areas or the expansion, reconstruction or hard surfacing of existing parking lots or storage areas. The addition of granular material to the existing footprint of a granular surfaced parking lot or storage area shall not be considered reconstruction under this article. B. Activities exempt from this article: 1. Development or redevelopment of property within the Central Business District, as defined in the current City of Waterloo Zoning ordinance. 2. Any additions or modifications to existing single-family dwellings provided that said additions and/or modifications do not create a dwelling with impervious surfaces greater than 5,000 square feet. 3. Any logging activity consistent with an approved timber management plan. 4. Any agricultural activity consistent with an approved soil conservation plan. No owner or developer of land subject to this article shall receive any building permits without first meeting the requirements of this article prior to commencing the proposed activity. Section 8-4C-4. Submission and Approval of the Post Construction Storm Water Management Plan. A. Required submittals: A complete Post Construction Storm Water Management Plan (PC Plan) requires that the following materials be submitted to the City Engineering Department: a. Plans, specifications, calculations and supporting materials utilized to develop the Applicant's PC Plan; b. Regional storm water management facility repair and maintenance agreement, if applicable; c. Drainage easement, if applicable; and d. A Storm Water Pollution Prevention Plan (SWPPP), if applicable; B. Submission review process: The City's PC Plan submission review process shall proceed as follows: a. The City shall review the submission for completeness. If an incomplete submission is received, the review shall be halted and the City shall inform the Applicant of the additional materials that need to be submitted in order for the review to continue. The PC Plan review period will begin anew when all materials have been submitted. b. If during the review the Applicant's PC Plan, elements are found that do not comply with the requirements of this section, the review shall be halted and the City shall send a written bill of particulars to the Applicant and the Applicant's Engineer. The PC Plan review period will begin anew when a revised PC Plan is submitted. The City shall not issue approval of a PC Plan until all non-complying elements have been corrected. c. The City shall send written notification to the Applicant and the Applicant's Engineer of the approval of the Applicant's PC Plan within ten (10) business days following the Applicant's submission of a complete and/or revised PC Plan. C. PC Plan Requirements: Every PC Plan submitted to the City shall include a plan detailing the control, operation and maintenance of the proposed storm water management facility or facilities, shall comply with standards approved by the City Engineer and shall include the following: a. Be prepared by the Applicant's Engineer; b. The following statement signed and dated by the Applicant: "The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant's Post-Construction Storm Water Management Plan." c. Contact information, including the name, address and phone number of the property owner(s); d. A map or maps indicating the following: i. The location of existing and proposed: 1. Buildings; 2. Roads; 3. Parking and storage areas; 4. Utilities; 5. Easements; 6. Contours; 7. Drainage patterns; 8. Land disturbance limits; 9. Storm water management facilities; 10.Sediment, erosion and pollution control BMPs. ii. For all developments 5 acres or greater in size, a map of the site which extends a minimum of 250 feet beyond the limits of the proposed development that indicates existing contours, surface water drainage, including streams, ponds, culverts, ditches, and wetlands; current land uses, including all existing structures; locations of utilities, roads and easements; and significant natural and manmade features. e. A tabulation of the percentage of surface area to be adapted to various uses; f. The storm water management facilities constructed shall detain all on-site storm water run-off equal to the differences between the total storm water run-off generated from a 10-year design storm as applied to the entire property, including the proposed and future, if applicable, improvements and a 5-year design storm as applied to the entire property prior to any development. g. Hydrologic and hydraulic design calculations for the undeveloped and post-development conditions for the 5-yr, 10-yr, and 100-yr design storms. Such calculations shall include: i. Description of the design storm frequency, intensity, duration: ii. Time of concentration; iii. Soil curve numbers or runoff coefficients; iv. Peak runoff rates and total runoff volumes for each watershed area; v. Infiltration rates, where applicable; vi. Culvert capacities; vii. Flow velocities; viii. Data on the increase in rate and volume of runoff, and; ix. Documentation of sources for all computation methods and field test results. h. If a storm water management facility depends on the hydrologic properties of the soils (e.g., infiltration basins), then a report detailing the existing soil conditions and percolation test results shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pit profiles shall be determined based on what is necessary to determine the suitability and distribution of soil types present at the location of the facility. The percolation test results shall be based on on-site percolation tests. The number and location of the percolation test sites shall be determined based on the soils report of the existing soil conditions and the location(s) of the proposed storm water management facility. i. For development occurring on a previously developed site, the PC Plan shall include existing storm water runoff discharges. j. Multiple submissions of a PC Plan shall include a summary of differences between the new PC Plan and the previously submitted PC Plan. D. Water quality components shall be considered in the design of the storm water management facility and implemented when practical. BMPs utilized shall have clear citations to the Iowa Storm Water Management Manual, latest edition. All landscaping components and soil stabilization practices shall comply with existing City zoning and storm water erosion and sediment control requirements. E. The PC Plan shall also include specifications for the inspection, maintenance and repair of the storm water facility(ies). F. The City may require that the applicant file a conceptual plan to analyze the maximum development potential of a site under existing zoning regulations, regardless of whether the applicant presently intends to develop the site to its maximum potential. G. The proposed storm water management facilities shall not cause downstream property owners, water courses, channels, or conduits to receive storm water runoff from the proposed development site at a higher peak flow rate than that allowed under section 8-4C-4C-f or the city storm water detention policy in effect at the time of approval of the development. H. After construction is completed, the Applicant shall submit to the City "as built" drawings of the storm water management facility, certified by a licensed professional civil engineer, registered architect or registered landscape architect. If the as-built storm water management facilities were constructed differently than the facilities described in the approved PC Plan, the Applicant shall provide to the City calculations that the constructed storm water facilities provide the same or greater storm water control and treatment as the facilities originally approved by the City. J. In the event the property owner(s) and the City agree that the constructed storm water management facilities are to be accepted by the City, the property owner(s) shall provide documentation as the City determines is appropriate. This documentation may include, but is not limited to: as-built plans, a two-year maintenance bond, construction test results, material certifications, and itemized construction costs. K. If the submitted PC Plan is for a development utilizing a regional storm water management facility, the Applicant shall submit a maintenance and repair agreement with the PC Plan. Said agreement shall be between the Applicant and the owner(s) of the property the regional storm water management facility is located on and shall detail the responsibilities of each party regarding inspection, maintenance and repair of the facility and the payment of the costs incurred for those activities. This agreement shall be filed in the office of the County Recorder and shall be binding upon all owners of the properties involved until the facility is removed or is no longer used by the property sending storm water. L. If the use of a regional storm water facility requires the creation of a drainage easement to allow water to flow between properties, the Applicant shall provide copies of the drainage easement between the owners of the affected properties. This document shall describe the location of the easement and shall detail the responsibilities of the parties involved regarding the inspection, maintenance and repair of the easement area and payment for costs incurred for those activities. This easement shall be filed in the office of the County Recorded and be binding upon all properties involved until such time as the easement is no longer needed. M. The City's review of the Applicant's PC Plan is not a determination of the effectiveness of the controls shown in the PC Plan. Section 8-4C-5. Inspection, Maintenance and Repair of Storm Water Management Facilities. Each property owner(s) and successor property owners shall be responsible for inspecting and maintaining the storm water management facilities located on the property. The owner(s), successor owners and benefactors of a regional storm water management facility shall be jointly and severally responsible for inspecting and maintaining the regional storm water management facility. A. Inspections: The property owner(s), successor property owners and benefactors shall ensure that the storm water management facilities, devices and structures are periodically inspected. Periodic inspections shall be completed as needed and in no case less than one (1) time per year. Failure to conduct inspections shall be considered a violation of this article. This inspection requirement shall also apply to all existing storm water management facilities constructed before the adoption of this article. B. Maintenance and Repair: All property owner(s), successor property owners and benefactors of a storm water management facility shall ensure that all storm water management facilities, devices and structures be maintained in accordance with the approved PC Plan to provide for the proper functioning of the facilities. This maintenance and repair requirement shall also apply to all existing storm water management facilities constructed before the adoption of this article. If facility repairs are needed, the repairs shall be conducted in a timely manner. Failure to conduct repairs in a timely manner shall be considered a violation of this article. C. Inspection, Maintenance and Repair Documentation: All inspections, maintenance and repairs shall be documented. The property owner(s) or their assigns shall retain these documents for at least ten (10) years. Copies of all documentation shall be made available to the City upon request. A copy of the certified "as-built" construction plans for the storm water management facility shall be included with the inspection, maintenance and repair documentation. Section 8-4C-6. City of Waterloo Inspection Procedures. A. The City Engineer or his designee shall conduct all inspections undertaken by the City under this article. B. The City shall be permitted to enter and inspect, at any reasonable time, any property with storm water management facilities to determine compliance with this chapter, including storm water management facilities constructed before the adoption of this article. Additionally, the City may request that a property owner verify, through the preparation of plans or a report completed by an Applicant's Engineer, that the storm water management facilities continue to have the same capacities and operational characteristics as originally designed and approved. C. Failure of the property owner to allow access to the property shall constitute a violation of this ordinance. Section 8-4C-7. Corrective Action. A. In the event that a storm water management facility is found to be in non- compliance with the approved plans, the City will deliver to the property owner a written bill of particulars that identifies any non-compliant element or condition. The property owner shall have fourteen (14) days from the date of notice to provide to the City a written response outlining the steps and implantation timelines for corrective action. The property owner shall have thirty (30) days from the date of notice to complete the corrective action necessary to bring the storm water management facility back into compliance with the approved plans. For good cause shown, the City may extend the deadline for taking corrective action. B. Following the review of the property owner's written response, if extenuating circumstances exist which make implementation of the necessary corrective action difficult to complete within the time period specified above, the City may, at its sole discretion, grant a reasonable extension of time to complete the corrective action if requested by the property owner. C. Failure of the property owner to provide a written response or undertake corrective action shall constitute a violation of this ordinance and shall be deemed a nuisance, which the City may summarily abate or restore at the property owner's expense in accordance with the procedures set forth in section 8-4-15 of the code. Appeal of such action shall be pursuant to section 8-4-16 and not section 8-4C-10 of this Article. The City's costs to abate the nuisance shall, if not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code § 364.12 for collection in the same manner as a property tax. Section 8-4C-8. Responsibility. The failure of City personnel to observe or foresee hazardous or unsightly conditions, or to impose other or additional conditions or requirements, or to deny or revoke permits or approvals, or to stop work in violation of this chapter, shall not relieve the property owner of the consequences of its acts or omissions or result in the City, its officers, employees or agents, being liable therefore or on account thereof. The City shall not be responsible for the direct or indirect consequences to the Applicant or to third parties for non-compliant conditions that were undetected by inspection or because an inspection did not occur. Section 8-4C-9. Enforcement. A. Violation of any provision of this article may be enforced by issuance of a stop work order by the City Engineer or his designee or by civil action, administrative or judicial, including but not limited to an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied. B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as PC Plan elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense. C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be abated or remedied at the violator's expense as provided in section 8-4-12 of this code, and/or a civil action may be prosecuted to abate, enjoin, or otherwise compel the cessation of such nuisance. The City's costs to abate the nuisance shall, if and to the extent not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code § 364.12 for collection in the same manner as a property tax, in accordance with the procedures set forth in section 8-4-14 of the code. D. In addition to any fine or penalty set forth in a schedule of violations adopted by the City, as amended thereafter from time to time, the City may recover all attorney's fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses. E. The remedies listed in this article are not exclusive of any other remedies available under the applicable federal, state or local law. It is within the discretion of the City Engineer or his designee to seek cumulative remedies if necessary. The City Engineer, or his designee, upon the advice and consent of the City Attorney, shall undertake enforcement pursuant to this section. Section 8-4C-10. Appeal. A. Other than nuisance actions subject to the procedures of sections 8-4-15 and 8- 4-16 of the code, administrative decisions by City staff and enforcement actions of the City Engineer or his designee, may be appealed by the Applicant to the City Council, or a committee designated by the City Council, pursuant to the procedures set forth in this section. B. The appeal must be filed in writing with the City Clerk within fourteen (14) days of the decision or enforcement action. An administrative fee, as set forth in a schedule of fees determined by the City Council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing. The written appeal shall specify the action appealed from, the errors allegedly made that give rise to the appeal, and the relief requested. C. The City Clerk shall notify the Applicant and the City Engineer or his designee whose decision or action has been appealed of the date, time and place for the appeal hearing. Notice shall be mailed to the Applicant by ordinary mail. The hearing shall be scheduled for a date not less than four (4) days nor more than twenty (20) days after the filing of the appeal, unless the Applicant requests an extension of not more than fourteen (14) days. The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The City Council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this paragraph is to promote the prompt and speedy resolution of disputes. The Applicant may be represented by counsel at the Applicant's expense. The City Engineer or his designee or other City employees may be represented by the City Attorney or by an attorney designated by the City Council at City's expense. D. The decision of the City Council, or committee designated by the City Council, shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa District Court as provided by law. Section 8-4C-11. Severability. The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. PASSED AND ADOPTED by the City Council on , 2011, and approved by the Mayor on , 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk ORDINANCE NO. 5030 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. Ordinance No. 5030 Page 2 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 Ordinance No. 5030 Page 3 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. Ordinance No. 5030 Page 4 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. 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; Ordinance No. 5030 Page 5 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 Ordinance No. 5030 Page 6 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 tot al runoff volume s 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 a 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 . Ordinance No. 5030 Page 7 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. I . 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. Ordinance No. 5030 Page 8 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 Ordinance No. 5030 Page 9 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. Ordinance No. 5030 Page 10 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 Ordinance No. 5030 Page 11 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 . Ordinance No. 5030 Page 12 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 1 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. I INTRODUCED: February 07, 2011 PASSED 1ST CONSIDERATION: February 07, 2011 PASSED 2ND CONSIDERATION: February 14, 2011 PASSED 3RD CONSIDERATION: February 21, 2011 PASSED AND ADOPTED this 21st day of February, 2011 . Er st G. lark, Mayor ATTEST: -S-1. Suzy S ares, CMC City Clerk Ordinance No. 5030 Page 13 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5030, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of February, 2011. Witness my hand and seal of office this 21st day of February, 2011 . li SEAL Suzy ares, CMC City Clerk CITY OF WATERLOO Council Communication Vc-112--m) City Council Meeting: February 21, 2011 Prepared: February 14, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer #of Attachments: SUBJECT: F.Y. 2011 ASPHALT OVERLAY PROGRAM CONTRACT NO. 796 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 ASPHALT OVERLAY PROGRAM, Contract No. 796, as prepared by the City Engineer's Office. Expenditure Required TBD at bid opening Source of Funds Local Option Sales Tax Policy Issue n/a Alternative None Background Information: Cc: Louis Starks, Contracts & Grants Coordinator RESOLUTION NO. 2011-132 RESOLUTION PRELIMINARILY APPROVING THE PLANS, SPECIFICATIONS FORM OF CONTR ACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 796 . 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 Asphalt Overlay Program, Contract No. 796, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the F. Y. 2011 Asphalt Overlay Program, Contract No. 796. 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 Asphalt Overlay Program, Contract No. 796, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 21st day of February, 2011 . Ernest G. Clark, Mayor ATTEST: buzy Sc ares, CMC City Clerk RESOLUTION NO. 2011-133 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 796, 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 plans, specifications, form of contract, etc. , in conjunction with the F. Y. 2011 Asphalt Overlay Program, Contract No. 796, 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 21st day of February, 2011 . .44/134 Ernest G. Clark, Mayor ATTEST: G uzy Scha es, CMC City Cler CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. December 17,2010 Carnegie Conference Room Members Present: Tim Luce,Bonetta Culp, John Blitsch,Abraham Funchess(ex officio) Others Present: Cammie Scully, Pat Treloar, Sandie Greco, Dan Trelka, Steve Decker, Bob Stringer, Cheryl Huddleston Huddleston reported that Item B under Unfinished Business is deleted and an Update for Instrumentation Control Technician is added. Moved by Blitsch, seconded by Culp to approve the December 17 2010 Agenda as amended. Motion carried. Moved by Culp, seconded by Blitsch to approve the November 19, 2010 Minutes as mailed. Motion carried. ITNFINISAEI)RI'SINE SS The Civil Service List for Maintenance Electrician - Traffic Operations was presented for approval. The position was approved by the Human Resources Committee on 9/13/10 and by the Civil Service Commission on 9/24/10. There is a vacancy due to a resignation. The position was advertised in the Courier,posted on the City website and cable channel, a notice was sent to the IBEW and to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. We received 4 resumes and 3 candidates were invited to interview on 11/16/10. Panel members were Mohammed Elahi from Traffic Operations, Randy Heiberger-retired Traffic Operations and Mary Peterson from Human Resources. All candidates passed the interview but there were concerns about residency and backgrounds so the City readvertised with the same venues and received 5 additional resumes. The same panel interviewed these candidates on 12/16/10 (1 candidate cancelled). The,Civil Service List has 7 white males. Moved by Blitsch, seconded by Culp: We, the members of the Civil Service Commission, certibi the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Maintenance Electrician for the City of Waterloo, Iowa Traffic Operations Department. Appointment(s) shall be made from this list for the next year(December 17, 2010—December 16, 2011). CERTIFIED LIST Todd Winter Merlin Kruse Kelby Haynes Douglas Bast Nathan Alderman Ed Griffith Tyler Ledtje Motion carried. The Civil Service List for Waste Services Technician— Waste Management Services was presented for approval. The position was approved by the Human Resources Committee on 8/2/10 and by the Civil Service Commission on 9/24/10. There is a vacancy due to a termination. The position was advertised in the Courier,posted on the City website and cable channel, a notice was sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. We received 42 resumes and 26 candidates were invited to interview on 12/7-9/10. Panel members were Brian Rath and Keith Kearns from Waste Management Services and Cheryl Huddleston from Human Resources. One candidate cancelled, there were 4 no shows and 1 candidate was not interviewed because he did not have a CDL. The Civil Service List has 2 white females and 8 white males;the Reserve List has 1 black male and 9 white males. Moved by Blitsch, seconded by Culp: We, the members of the Civil Service Commission, certibi the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Waste Services Technician for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s)shall be made from this list for the next year (December 17, 2010—December 16, 2011). CERTIFIED LIST Sherry Powers Debbie Ernst Troy Seemann Scott Crawford Brett Broadway Scott Anderson Larry Crane Donald Grimm Robert Decker III Gary Bergman The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. RESERVE. LIST Alan Even Chad Even Michael Hackbarth Russell Myers Matthew Stroh Jay Millett Edward Clark Daniel Jay Chris Curtis Ryan Anderson Motion carried. The Civil Service List for Fire Engineer was presented for approval. The position was approved by the Human Resources Committee on 8/2/10 and by the Civil Service Commission on 9/24/10. The current list has expired. The position was posted as a promotional and 19 candidates signed up to take the tests. An equipment test was conducted over the course of several days. A written test and a street identification test were given on 11/20/10. One candidate withdrew. No passing scores were established on either part of the test. Huddleston would like to recommend that, next time we test, there be a cutoff total score (excluding seniority points) of 60 that would have eliminated 5 of those currently on the list. Because there was no cutoff, some candidates did not take this testing seriously because they knew they would make the list no matter how poorly they scored. The Civil Service List has 18 white males. This list will be used for out-of-rank assignments as well as for promotions. Moved by Blitsch, seconded by Culp: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Fire Engineer for the City of Waterloo, Iowa Fire Rescue Department. Appointment(s) shall be made from this list for the next two years (December 17, 2010—December 16, 2012). CERTIFIED LIST Jason Phillips Joshua Powers Jeff Wood Steve Carey • Brad Purdy Jerry Bjerke Eric Schmudlach William Beck Justin Junk David Hook Robert Hennessy David Jensson Lucas King Brock Weliver Michael Spence Douglas Schwebach Marc Mahood Brian Peters Motion carried. The Civil Service List for Police Lieutenant was presented for approval. There is an anticipated vacancy due to a promotion. The position was posted in the Police Department and 5 resumes were received. The testing process was changed from using an external interview panel to a panel of current sworn officers. Panel members were Lieutenant Mike McNamee, Sergeant Mark Meyer and police officer Randy Hammitt. They interviewed the candidates on 12/15/10. The Civil Service List has 1 white female and 4 white males. The new process seemed to work well. Moved by Culp, seconded by Blitsch: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Police Lieutenant for the City of Waterloo, Iowa Police Department. Appointment(s) shall be made from this list for the next two years (December 17, 2010—December 16, 2012). CERTIFIED LIST Monty Frana Brooke Carter Keith Rogers Robert Hewitt Robert Greenlee Motion carried. The Civil Service List for Police Captain was presented for approval. There is a vacancy due to a retirement. The position was posted in the Police Department and 5 resumes were received. The testing process was changed from using an external interview panel to a panel of current sworn officers. Panel members were Captain Tim Pillack, Sergeant Mark Meyer and police officer Randy Hammitt. They interviewed the candidates on 12/15/10. The Civil Service List has 5 white males. The new process seemed to work well. Moved by Luce, seconded by Culp: We, the members of the Civil Service Commission, certifi, the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Police Captain for the City of Waterloo, Iowa Police Department. Appointment(s) shall be made from this list for the next two years (December 17, 2010—December 16, 2012). CERTIFIED LIST Brent Cirksena David Mohlis Michael McNamee Frank Krogh Corbin Payne Motion carried. The Civil Service List for Registrar — Culture & Arts was presented for approval. There is a vacancy due to a retirement. The position was approved by the Human Resources Committee on 8/16/10 and by the Civil Service Commission on 9/24/10. The position was advertised in the Courier,posted on the City website and cable channel, a notice was sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. The Culture&Arts staff also made some contacts with arts and culture venues. We received 32 resumes and 12 candidates were invited to interview on 12/1/10. Panel members were Kent Shanide and Chawne Paige from Culture & Arts and Mary Peterson from Human Resources. One candidate cancelled. The Civil Service List has 9 white females and 1 white male; the Reserve List has 1 white male. Moved by Blitsch, seconded by Culp: We, the members of the Civil Service Commission, certib) the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Registrar for the City of Waterloo, Iowa Culture &Arts Department. Appointment(s) shall be made from this list for the next year (December 17, 2010—December 16, 2011). CERTIFIED LIST Elizabeth Andrews Kendra Derrer Josh McDonnell Heather Baldus Heather Coffman Stephanie Bliss Jenny Gilmore Denise Czachura Abby Haigh Mary Hartman The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. RESERVE LIST Donovan Oberheu Motion carried. A request has been made by the Street Superintendent to change the testing for Equipment Operator I and a revised job notice is being presented for approval. In the previous notice, the civil service process included an equipment test. The Street Superintendent no longer wants an equipment test. The only testing would be the interview. Moved by Luce, seconded by Blitsch to approve the revised job notice for Equipment Operator I- Street Department. Ayes—Luce, Blitsch.Nay-Culp. Motion carried. TlpdateS Mechanic Foreman-Central Garage Approved by Human Resources on 9/13/10 and by Civil Service on 11/19/10. The position was posted as a promotion and 3 resumes were received. Interviews will be conducted after the holidays. Equipment Operator I-Street Department Approved by Human Resources on 9/27/10 and by Civil Service on 11/19/10. Several vacancies due to retirements. Advertised in all the usual venues. Received 54 resumes and are still reviewing — will probably interview/test 25-30 candidates. Operations Supervisor-Street Department Approved by Human Resources on 10/11/10 and by Civil Service on 11/19/10. Vacancy due to retirement. Advertised in all the usual venues. Received 13 resumes and 3 candidates will be interviewed after the holidays. All those being invited to interview are current employees. Park Maintenance IV/Electrician-Leisure Services Approved by Human Resources 10/11/10 and by Civil Service on 11/19/10. New position replacing Park Maintenance II/Construction position. Advertised in all the usual venues. Received 10 resumes and still reviewing—will schedule interviews after the holidays. Sewer Maintenance Worker—Waste Management Services Approved by Civil Service on 11/19/10 and by Human Resources on 12/13/10. Will be advertising possibly next week. Police Recruit Approved by Human Resources on 11/8/10 and by Civil Service on 11/19/10. Extensive advertising — in addition to our normal venues, also sent PSA to regional radio stations and newspapers, KBBG, KWWL, posters all over town, fitness facilities, policeone.com, policerecruiter.com, officer.com, State and regional colleges with police science program. Received 93 resumes to date and will continue accepting resumes through 12/30/10. Instrumentation Control Technician-Waste Management Approved by Human Resources on 7/12/10 and by Civil Service on 7/30/10. There has been a vacancy for a couple years. Advertised and received 11 resumes; 4 were invited to interview by a panel of Keith Kearns and Kent Quin from Waste Management and Mary Peterson from Human Resources on 11/19/10. One candidate did not show. Only 1 candidate passed so we readvertised and received 4 additional resumes. Three of those candidates were invited to interview but the City had to cancel due to a death in the family of one of the panel members. Interviews will be rescheduled after the holidays. NEW RIJSINESS None OTHER RIJSINESS Former Fire Chief Doug Carter has requested a hearing regarding his demotion to Fire Captain. At this point, we need to know availability of Commissioners the next few weeks. Culp is not available 1/11/11, Luce is not available 12/22-28/10, Blitsch is not available the last week of January and the first week of February. City Attorney Jim Walsh has advised that the City will be filing a resistance to the Civil Service Hearing. With no further business, moved by Culp, seconded by Blitsch to adjourn. Motion carried. Cheryl Huddleston,Human Resources Manager Clerk for the Civil Service Commission CIVIL SERVICE COMMISSION MINUTES 7:30 a.m.January 4, 2011 Carnegie Conference Room Members Present: Tim Luce,Bonetta Culp, John Blitsch, Abraham Funchess(ex officio) Others Present: Larry Smith, Steve Schmitt, Jim Walsh, Chris Wendland, Dave Dutton, Tim Jamison, Bob Stringer, Cheryl Huddleston Moved by Blitsch, seconded by Culp to approve the January 4, 2011 Agenda. Motion carried. Commission began with Unfinished Business. UJNFINISHFD BIJSINESS The Civil Service List for Instrumentation Control Technician — Waste Management Services was presented for approval. Human Resources approved the position on 7/12/10 and by Civil Service on 7/30/10. There has been a vacancy for a couple years. The position was advertised in the Courier, posted on the City website and cable channel, a notice was sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. We received 11 resumes and 4 candidates were invited to interview by a panel of Keith Kearns and Kent Quin from Waste Management and Mary Peterson from Human Resources on 11/19/10. One candidate did not show. Only 1 candidate passed so we readvertised and received 4 additional resumes. Three of those candidates were invited to interview but the City had to cancel due to a death in the family of one of the panel members. Interviews were finally conducted on 12/28/10 and one candidate did not pass the interview. The Civil Service List has 3 white males. Moved by Blitsch, seconded by Culp: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Instrumentation Control Technician for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next year (January 4, 2011—January 3, 2012) CERTIFIED LIST Kevin Kuenstling Douglas Bast Dennis Draeger Motion carried. When the Commission certified the Civil Service List for Registrar in December, there was an error on the list as presented. The top 2 candidates tied for first. We are requesting to certify this corrected Civil Service List. Moved by Culp, seconded by Blitsch to approve the corrected Civil Service List for Registrar—Culture &Arts. We, the members of the Civil Service Commission, certibi the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Registrar for the City of Waterloo, Iowa Culture &Arts Department. Appointment(s) shall be made from this list for the next year (December 17, 2010—December 16, 2011). CERTIFIED LIST Elizabeth Andrews Kendra Derrer Josh McDonnell Heather Baldus Heather Coffman Stephanie Bliss Jenny Gilmore Denise Czachura Abby Haigh Mary Hartman The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. RF,SF_RVF, LEST Donovan Oberheu Motion carried. NEW B1TSNN1 SS Motion to Dismiss Appeal Request Former Fire Chief W. Douglas Carter had requested an appeal hearing before the Civil Service Commission on his demotion to Fire Captain. Attorney Dave Dutton is representing Carter. Attorney Chris Wendland, on behalf of the City, has filed a Motion to Dismiss, alleging the Civil Service Commission does not have jurisdiction over this matter. Both Attorneys were given an opportunity to present their case to the Civil Service Commission. An audiotape of the presentations is available in the City Clerk's Office. The Civil Service Commission went into Closed Session at 8:15 a.m. to review and discuss the information presented by both sides. The Civil Service Commission meeting was reconvened at 9:15 a.m. with the following present: Suzy Schares, Steve Schmitt, Bob Stringer, Chris Wendland, Tim Jamison, Dave Dutton, Cheryl Huddleston. Moved by Culp, seconded by Blitsch. The Civil Service Commission does not have jurisdiction under Iowa Code Chapter 400.14 to hear this issue. But W. Douglas Carter has recourse under Iowa Code Chapter 372.15 to be heard before the Waterloo City Council. Motion carried. OTHER BuTSINESS None With no further business, moved by Blitsch, seconded by Culp to adjourn. Motion carried. Cheryl Huddleston,Human Resources Manager Clerk for the Civil Service Commission ,, . � ��� CITY OF WATERLOO , IOWA �1�1���\r.r0' CITY HALL • 715 MULBERRY STREET 50703 01-‘02, S %;-- o_ \° Today's Date: 17-Feb-11 Effective Date: January 31 2011 Employment Date: February 24 1997 To: City Council Members Re: Notice of Severance Department Building Inspections Job Title/Classification Plans Examiner This is to report that the employment of Douglas Erpelding with the City of Waterloo has been severed by reason of: Ei Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 14 $ 28.45 $ 398.30 Vacation-Current 92 $ 28.45 $ 2.61740 Usable Sick Leave 43 $ 28.45 (x)25% $ 305.84 Frozen Sick Leave (x)_ova $ - Personal Hours 0 $ - Comp Time Pay 10 $ 28.45 $ 284.50 Unscheduled Leave $ - Other Pay $ Total Payment] $ 3,606.04 Comments: Approved by (le-7 �� Date Human Resources AC; Date IT if Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Updated 7/20/10 Council Agenda Date: j24)'2-0'\ ❑ AS/400 Status/Accruals ❑ 1-9 / / ° \ § \ k \ \ k / / k a 3 I- § a > 0 ate . i Ej / ee -C tI 77 00 Ca 0 Co C in' a § f fi 3f § jCt mm 1------C . e ± / 0 § § o/ $ / a t ° § ƒj \ \ £ �• \ E / _) ] / \ \ > / / 7 0. ; sue . a. & o I > k O X,- < / _ u a � k k $ § § 0 < 0 a) / / k To o / I- \ ! ? • Eu N. ) ° J \ • • 0) • / a ° 2 c R ) / * f g e ! o } < a } \ 0 .0 a as �'l § E 0 ,& ƒ Z . 0 - a A\ / ° - o k � � - S , \c { o g o2J > ¥ 0 , > > < o - c' n m COCD C r O N N 2 N r O 0 0 o O r O r Q) (NI N V) ti N. 1 O Q J 00 0) O N N ..-_-- -0 a) a) co O o) Z d a C . ,J N A O a) * y � E CO E CD a W m t a) w .moo LO 2 > C C U a2 W '" mE a o i N U a U O O ). 0 ('0 0 .0 r ¢ a) Z t 0- O- C U : W o iN ) oO o c O C/ N O = E ca m v t- a) w} a) E a) j ; a U OLL C Q Q V' CO co r _ 4- I- cor co -t O w O Q) N r r a � � O O N E r N Q. 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