HomeMy WebLinkAbout02/28/2011 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 28, 2011
CITY OF WATERLOO
GOALS
1. Support economic development efforts that attract, retain and create quality jobs
resulting in a diverse economic base and increased population.
2. Continue to support implementation of the Downtown Master Plan.
3. FaciIitate 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: Jim Quint, MIS Manager.
February 28, 2011 Page 2
Agenda, as proposed or amended.
Minutes of February 21, 2011, Regular Session, as proposed.
1. Consent Agenda: (The following items will be acted upon by voice vote on a single
motion without separate discussion, unless someone from the council or public
requests that a specific item be considered separately.)
a. Resolution to approve the following:
1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the
City Clerk.
2. Acceptance of Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Diamond Bar of 313 West 5th Street,for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Submitted by David R. Zellhoefer, Assistant City Attorney
3. Acceptance of Settlement Agreement with Five Star Snacks & Liquor of 437
Sullivan Avenue.
Submitted by Chris Wendland, Assistant City Attorney
4. Request to certify the following assessments to properties for work performed
by the Water Works, together with recommendation of approval of Board of
Water Works Trustees:
Address Amount to
certify
500-514 Pine Street $2,146.74
210 Norimer Street $1,532.13
• Submitted by Dennis Clark, General Manager of Waterloo Water Works
February 28, 2011
Page 3
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel Class/Meeting Destination Date(s) Amount not
to Exceed
1. Bill Gronen, Part- Travel to deliver Providence, March 4
time Temp $2,830.00
and/or Kent works from Rhode 12, 20I 1
collection of Island
Shankle, Curator as Haitian art to
an alternate Brown University
and Rhode Island
School of Design
2. Officers Erie and International Law Wheeling,
Gergen April 11- $1,797.I2
9 Enforcement Illinois 15, 2011
Educators and
Trainers
Association
3. Sergeants Brian Northwestern First Johnston, April 10- $1,500.00
Hoelscher and Line Supervisor Iowa 15, 2011
Hector Camarin School
4. Wendy Drinovsky, Shield Technology Johnston, May 3-5,
Records Manager; Conference Iowa $556.00
Rose Davis, Clerk 20I 1
5. Cammie Scully, Cultural Advocacy Des Moines, February
Director of Waterloo Day Iowa $185.00
Center for the Arts 14-15,
2011
6. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee Board/Commission Expiration Date New or Re
Leisure Services Appointment
Michael Allen March 1, 2014 New
Commission
Leisure Services Appointment
New
Julie Koch-Hoth
March 1, 2014 Commission
Leisure Services Appointment
Sharon Samec March 1, 2014 Re A
Commission ppointment
February 28, 2011 Page 4
7. Request of Bruce Stiles to burn 191/4 acres of prairie grass located on
the north side of Big Rock Road, a IA mile West of Highway 63 from
March 21, 2011 to April 23,2011, together with recommendation of
approval of the Fire Chief.
8. Request of Hawkeye Community College to burn - 1.5 acres of prairie grass
located east of Hawkeye Center and Campus View Drive; and 6 acres of prairie
grass located north of Arboretum Drive west of Hess Road during the time
period of March-May 2011, together with recommendation of approval
Beer License Permit Application
Class B
9. Cedar Valley Fish Market, 218 Division Street (Renewal) (Expires 1/25/12)
Liquor License Permit Application
Class C
10. Red Lobster#6267, 941 E. San Marnan (Renewal) (Expires 3/10/12) (Includes
Sunday Sales)
11. Red Carpet Golf, 1409 Newell Street (Renewal) (Expires 4/4/12) (Includes
Sunday Sales)
12. Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (Expires 3/7/12)
(Includes Sunday Sales) (Includes Sunday
13. Blue River, 315 W. 4th Street (Renewal) (Expires 2/14/12)
Sales)
14. National Dairy Cattle Congress -Pepsi Pavilion, 250 Ansborough Avenue
(Renewal) (Expires 2/28/12) (Includes Sunday Sales & Catering Privelege)
15. Buzz's Bar, 1016 Maynard Avenue (Renewal) (Expires 3/14/12) (Includes
Sunday Sales)
Outdoor Service Area Application
16. Red Carpet Golf, 1409 Newell Street
17. Blue River, 315 W. 4th Street
18. Buzz's Bar, 1016 Maynard Avenue
19. Bonds
MEW BUSINESS
2. Motion to approve the following:
Class B Beer License Permit Applicati 12/17/11)
El Mexquite Restaurant, 921 BroadwayStreet (New) (Expires
(Includes Sunday Sales)
February 28, 2011
Page 5
RESOLUTIONS
3. Motion approving Change Order No. 1 for a net decrease of$2,189.50 for
work performed by Peterson Contractors, Inc. of Waterloo, Iowa in
conjunction with Riverview Recreation Area Parking Lot and Fencing
Improvements, Contract No. 789.
Submitted by Paul Huting, Leisure Services Director
4. Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Peterson Contractors, Inc. of Waterloo,
Iowa at a total cost of$76,467.50 in conjunction with F.Y. 2010
Riverview Recreation Area OHV Park Parking Lot and Fencing
Improvements, Contract No. 789.
Submitted by Paul Huting, Leisure Services Director
5. Resolution approving the submission of grant application with Iowa
Governor's Traffic Safety Bureau for Alcohol-Impaired Driving Incentive
grant.
Submitted by Daniel J. Trelka, Director of Safety Services
6. Resolution approving the installation of a speed hump in the vicinity of
141 Easton Avenue.
Submitted by Sandie Greco, Superintendent of Traffic Operations
7. Resolution approving request of Tank Cleaning Contract with Enviromark
Waste Management Services of Davenport, Iowa in the amount of
$12,062.00 located at the former Chamberlain Manufacturing Property.
Submitted by Noel Anderson, Community Planning& Development Director
OTHER COUNCIL BUSINESS
8. Motion approving Change Order No. 1 for a net increase of$5,754.00 for
work performed by Prairie Construction of Waterloo, Iowa in conjunction
with T-Hangar Door Replacement Project at Waterloo Regional Airport.
Submitted by Bradley Hagen, Airport Director
9. Motion approving Change Order No. 9 for a net increase of$12,336.50 for
work performed by Cardinal Construction, Inc. of Waterloo, Iowa in
conjunction with New Fire Station #2.
Submitted by Craig Clark, Building Official/Maintenance Administrator
February 28, 2011 Page 6
10. Purchase of One 11) New Elgin Pelican Street Sweeper
Motion to instruct Superintendent of Central Garage to prepare
specifications, bid document, etc.
Motion to receive and file specifications, bid document, etc.
Resolution preliminarily approving specifications, bid document, etc.
Resolution instructing City Clerk to publish notice of specifications, bid
document, etc. Set date of hearing as March 14, 2011.
Submitted by Mark Rice, Superintendent of Central Garage
ORAL PRESENTATIONS
Motion to receive and file oral comments.
ADJOURNMENT
Motion to adjourn.
Suzy Schares
City Clerk
MEETINGS
Monday, February 28, 2011
4:20 p.m. - Council Work Session, Council Chambers
4:50 p.m. - Boards and Commissions, Council Chambers
4:55 p.m. - Building and Grounds Committee, Council Chambers
5:00 p.m. - Finance Committee, Council Chambers
PUBLIC INFORMATION
1. Communication from Mayor, transmitting termination of Debra Anderson, Building
Official/Maintenance Administrator, effective February 17, 2011, together with
recommendation of approval of payout of$7,457.40 for unused vacation and
personal time.
2. Communication from Superintendent of Streets, transmitting retirement of Steven
Crook, Equipment Operator I, effective January 31, 2011, together with
recommendation of approval of payout of$8,901.24 for unused vacation, sick and
comp time.
3. Waterloo Public Library Board of Trustees minutes of January 10, 2011 on file in
the City Clerk's office.
February 28, 2011
Page 7
4. Civil Service List for the position of Equipment Operator I, as certified by the Civil
Service Commission on February 18, 2011.
5. Civil Service List for the position of Park Maintenance IV-Electrician, as certified by
the Civil Service Commission on February 18, 2011.
6. Civil Service List for the position of Operations Supervisor, as certified by the Civil
Service Commission on February 18, 2011.
7. Waterloo Commission on Human Rights minutes of January 13, 2011 on file in the
City Clerk's office.
8. Northeast Iowa Response Group minutes of January 6, 2011 on file in the City
Clerk's office.
9. Community Development Board Meeting minutes of January 11, 2011 on file in the
City Clerk's office.
10. Community Development Board Public Hearing for Citizen Input on FY2012 CDBG
and HOME Program minutes of January 22, 2011 on file in the City Clerk's office.
11. Board of Waterloo Water Works Trustees minutes of February 16, 2011 on file in
the City Clerk's office.
CONTRACT PAYMENT SCHEDULE
1. Cedar River Water Trail between Park Ave Dam & 6th Street, Contract No. 734
Pay estimate No. 16 to Vieth Construction in the total amount due of$6,773.50
Amended Council Agenda Items
Council Meeting
Monday, February 28, 2011
DP
To be presented before Consent Agenda
Presentation of 2010-2011 Waterloo Leisure Services Character Counts Youth
Basketball Player of the Year Awards: Ja'cee Clark, Tiki Matlock and Alexi Alvarez.
Presentation of 2010-2011 Waterloo Leisure Services Character Counts Volunteer
Youth Basketball Coach of the Year Awards: Kate Sterner, Abbey Barry and Zach
Hasse(brink.
W'LOO
TY OF
1 l IE COURIER CLERK SIOFFICE AD
D NUMBER
1345468
PAGE 1 of 10
715 MULBERRY BILL DATE SALESPERSON
WATERLOO, IA 50703
319-291-4323 04105/11 milli
START DATE STOP DATE
04/05/11 04/05/11
AD NUMBER AD DESCRIPTION CLASS LINES
1345468 I FEB.28TH MINUTES 0950 LEGAL NOTICE 582
Publication Insertions Rate Net Amount Gross Amount
3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $252.59
TOTAL AD CHARGE $252.59
Purchase Order 719614 PAY THIS AMOUNT $252.59 $252.59
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
j Check# Credit Card Ad Number 1345468
COURIER COMMUNICATIONS
c/o LEE NEWSPAPERS H ❑ v ❑ o .M4 Billing Date I 04/05/11
PO BOX 540 -- .
WATERLOO IA 50704-0540 Acct#: Amount Due $ 252.59
Exp.Date: 1Amount
Name on credit card --- Enclosed $
Signature
Please make checks payable to: COURIER COMMUNICATIONS
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000432 COURIER COMMUNICATIONS
kt W'LOO CITY OF c/o LEE NEWSPAPERS
CLERK'S OFFICE PO BOX 742548
715 MULBERRY CINCINNATI OH 45274-2548
WATERLOO, IA 50703 Illiiiiiii IIIIII'IIIIIIIII IIII'1I1I11I 11II11I11111IIIIIIIillll
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STATE OF IOWA,
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I do solemnly swear that the annexed copy of
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a daily newspaper printed in WATERLOO,
Black Hawk County, Iowa, for 1 issues
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February 21, 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 21, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent:
Getty.
Moment of Silence.
Pledge of Allegiance: Brad Hagen, Airport Director.
135969 - Hart/Schmitt
that the Agenda, as amended moving item #5 to the consent agenda as 1.a.5, for
the Regular Session on Monday, February 21, 2011, at 5:30 p.m. , be accepted and
approved. Ayes: Six. Absent: Getty. Motion carried.
135970 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 14,
2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
Mike Messina, MidAmerican Energy, presented of check in the amount of $20, 000.00
for the Trees Please! Program.
Mayor Clark read a Proclamation declaring Sunday, February 27, 2011 as Roosevelt
Taylor Day.
Captain Rob, Salvation Army, presented Mayor with the first annual trophy of the
Battle of Bell.
Mayor Clark recognized Mary Peterson as the February Team Member of the Month.
CONSENT AGENDA
135971 - Hart/Schmitt
that the following items on the consent ag
enda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Schedule AP642, pp. 1-84, dated February 21, 2011, in
the amount of $1, 199, 412.65, 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. 2011-117.
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.
Resolution adopted and upon approval by Mayor assigned No. 2011-118.
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.
Resolution adopted and upon approval by Mayor assigned No. 2011-119.
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.
Resolution adopted and upon approval by Mayor assigned No. 2011-120.
5. 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. Zellhoefer, Assistant City Attorney.
Resolution adopted and upon approval by Mayor assigned No. 2011-121.
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Page 3
Dan Trelka, Director of Safety Services, there are three reasons why we are
recommending this denial. One is the money owed to the city for past fines and
forfeitures. There were issues with the application that failed to mention any
past criminal proceedings against the applicant. And past violations when these
particular individuals ran the business last. That included under age drinking,
under age individuals on the premises and such.
Ayes: Six. Absent: Getty. Motion carried.
PUBLIC HEARINGS
135972 - Schmitt/Welper
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on
February 17, 2011, be received and placed on file. Ayes: Six. Absent: Getty.
Motion carried.
135973 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Welper
that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried.
135974 - Schmitt/Welper
that "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", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Getty. Motion
carried.
135975 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
135976 - Schmitt/Welper
that "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", be considered and passed for
the second and third times and adopted. Ayes: Six. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 5027.
135977 - Greenwood/Schmitt
that proof of publication of notice of public hearing on MidAmerican Energy
Company Electric System Franchise Agreement, as published in the Waterloo
Courier on February 17, 2011, be received and placed on file. Ayes: Six.
Absent: Getty. Motion carried.
135978 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Schmitt
that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried.
135979 - Greenwood/Schmitt
that "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", be received, placed on file, considered and passed for the
first time. Ayes: Six. Absent: Getty. Motion carried.
135980 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
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Page 5
135989 - Schmitt/Welper
that "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", be adopted. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-124.
135990 - Welper/Hart
that "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", be adopted. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-125.
135991 - Welper/Hart
that "Resolution approving Convention & Visitors Bureau board recommendation for
reinstating FY11 hotel/motel tax grant funding for Kiwanis Club for securing Air
Show in the amount of $10, 000.00-Submitted by Aaron Buzza, Executive Director of
Waterloo Convention & Visitors Bureau", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-126.
135992 - Welper/Hart
that "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, EI, Associate Engineer", be adopted. Ayes:
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-127.
135993 - Cole/Hart
that "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", be adopted.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-128.
135994 - Cole/Hart
that "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", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-129.
135995 - Cole/Hart
that "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", be adopted. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-130.
135996 - Cole/Hart
that "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 Knebel for
$6,251.00; and instruct City Clerk to publish said notice-Submitted by Chris
Western, City Planner II", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-131.
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CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 21, 2011
Dept. Head Signature:
# of Attachments: 0
SUBJECT: 2010-2011 Waterloo Leisure Services Character Counts Player of the Year
Awards
Submitted by: Mark Gallagher, Sports Manner
Recommended City Council Action: Recognize individuals and present plaques provided by
Leisure Services.
Summary Statement Youth Basketball players are awarded plaques for their being voted the
Character Counts Player of the Year in their age division.
Expenditure Required NA
Source of Funds NA
Policy Issue NA
Alternative NA
Background Information: Players of the Year are as follows:
Ja'cee Clark
Tiki Matlock
Alexi Alvarez
CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 21, 2011
Dept. Head Signature:
# of Attachments: 0
SUBJECT: 2010-2011 Waterloo Leisure Services Character Counts Coach of the Year
Awards
Submitted by: Mark Gallagher, Sports Manager
Recommended City Council Action: Recognize individuals and present plaques provided by
Leisure Services.
Summary Statement Volunteer Youth Basketball coaches are awarded plaques for their being
voted the Character Counts Coach of the Year in their age division.
Expenditure Required NA
Source of Funds NA
Policy Issue NA
Alternative NA
Background Information: Coaches of the Year are as follows:
Kate Sterner
Abbey Barry
Zach Hasse[brink
CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 18, 2011
Dept. Head Signature:James E. Walsh,Jr., City Attorney
# of Attachments: 3
SUBJECT: Diamond Bar 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).
In January of 2010 Damir Pajazetovic signed an Acknowledgment/Settlement Agreement for a 30-
day suspension of his cigarette permit. However, ownership of the bar changed prior to the
suspension starting. Mr. Pajazetovic has now signed an Acknowledgment/Settlement Agreement
for the $1,500.00 penalty and paid that penalty.
Expenditure Required: None
Source of Funds
Policy Issue
Alternative
Background Information:
aiIlk j1y CITY OF WATERLOO , IOWA
IA/1
t CITY ATTORNEYIS OFFICE
l2 �m 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571
%rlp0 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney
Mayor
BUCK February 18, 2011
CLARK
COUNCIL
MEMBERS
Mayor Buck Clark and City Council
DAVID City Hall
JONES Waterloo, IA 50703
Ward 1
CAROLYN Re: Diamond Bar, 313 W. 5th Street, Waterloo, Iowa, 50702
COLE
Ward 2 Dear Mayor Clark and Council Members:
HAROLD
GETTY I have received a signed Acknowledgment/Settlement Agreement regarding the
Ward 3 violation of tobacco laws by the above-captioned permittee. The permittee has
QuENTrN M. chosen a $1,500.00 penalty. A copy is enclosed for your records.
HART
Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public
hearing and concluding this matter. Please approve and sign this Order at your
RON
WEEPER next regularly scheduled meeting. The Original signed Order should then be sent
WEL
Ward 5 to the permit holder. A copy should be returned to the City Attorney's Office.
BOB Thank you for your assistance. Please call me if you have any questions.
GREENWOOD
At-Large
Sincerely,
STEVE
SCHMITT
At-Large
id 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 Oppoctunity/Afirtnative Action Employer
IN RE:
DIAMOND BAR
313 W. 5TH STREET HEARING COMPLAINT
WATERLOO, IOWA, 50702 SECOND VIOLATION
The City of Waterloo hereby makes the following complaint against the above-named permittee:
1. Iowa Code §453A.2(1)provides that a person shall not"sell, give, or otherwise
supply any tobacco, tobacco products, or cigarettes to any person under eighteen
years of age."
2. Iowa Code §453A.22(2)(b)provides that if a permit holder or employee of a permit
holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil
penalty of One Thousand Five Hundred Dollars ($1,500.00) or a thirty-day cigarette
permit suspension for a second violation of Iowa Code §453A.2(1) within two years.
3. On or about March 31, 2009, the permittee or an employee of the permittee sold
cigarettes or tobacco products to a person under eighteen years of age. A copy of the
Compliance Check and/or Criminal Conviction is attached and incorporated herein.
4. On April 7, 2008, the permittee was issued a sanction for a first violation of Iowa
Code §453A.2.
5. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City
Council find a violation of the above-referenced sections of Iowa Code Chapter 453A
and assess a civil penalty in the amount of One Thousand Five Hundred Dollars
($1,500.00) or a thirty day cigarette permit suspension against Diamond Bar.
Da i el oefe
Assistant City Attorney
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Trial Court Case Details
[Summary] Parties [Long Title] [Filings] Property/Lis Pendens [Criminal Charges/Disposition] Judgment/Liens
Charges, Dispositions, Sentences
Title: STATE vs. ALLEN, GABRIELLE KATHLEEN
Case: 01071 STA0025491 (BLACK HAWK)
Citation Number:
Defendant: ALLEN, GABRIELLE KATHLEEN
Count 01 Charge
Charge: 453A.2(1)-C Description: 1ST
TOBACCOOFFENSE TO MINOR-EMPLOYEE PROVIDING
Offense 03/31/2009 Arrest
Date: Date: Against Type:
DPS
Number:
Adjudication
Charge: 453A.2(1)-C Description: 1ST OFFENSE-
EMPLOYEE PROVIDING TOBACCO TO MINOR
Adj.: GUILTY BY COURT Adj.Date: 04/27/2009
Adj.Judge:
TICKUP,
Comments:
Sentence
Charge: 453A.2(1)-C Description: 1ST OFFENSE-
EMPLOYEE PROVIDING TOBACCO TO MINOR
Sentence 04/27/2009 Sentence: FINE
Date:
Appeal: Sen.Judge: TICKUP,
Facility
Type: Attorney:
Restitution: Drug: Extradition:
Lic.Revoked: DDS: Batterer:
http://www.iowacourts.state.ia.us/ESAWebApp/TlndexFrm 1/22/2010
IN RE:
DIAMOND BAR ACKNOWLEDGMENT/
313 W. 5TH STREET 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.
l "
Date: W/R71,,i'
In accordance with Iowa Code §453A.22(2)(b), the above-captioned permittee chooses the
following penalty:
Lld" $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.
City Clerk/Finance Office
City of Waterloo
715 Mulberry St
Waterloo/ IA 50703
2/18/2011 Receipt Number. 201108322
10;00:42 Received By . CTYBS
Received From: DAMIR PAJAZETOUIC
* REPRINT *
POLICE TOBACCO FINES 1/500.00
010 11 11E5 3550
DAMIR PAJAZETOUIC
DIAMOND BAR/313 W. 5TH STREET
A• Receipt Total . : 1,500,00
• Amount Tendered : 1,500.00
Change ,00
Payment Received: Check : 1,500.00
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
DIAMOND BAR ORDER ACCEPTING
313 W. 5TH STREET ACKNOWLEDGMENT/SETTLEMENT
WATERLOO, IOWA 50702 AGREEMENT—SECOND VIOLATION
On this M 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:
a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00);
or
❑ a thirty(30) day cigarette permit suspension be executed against the above-
captioned permittee effective [fill in date].
This sanction will count as a Second Violation of Iowa Code §453A.2(1),pursuant to
Iowa Code §453A.22(2)(b).
la7
ayor Ernest G. Clark
A F1'EST:
Suzy Schare , City Clerk
RESOLUTION NO. 2011-135
RESOLUTION APPROVING ORDER ASSESSING PENALTY
OF SECOND VIOLATION AND ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - SECOND
VIOLATION FOR DIAMOND BAR, 313 WEST 5TH
STREET, AND DIRECTING EXECUTION OF SAID ORDER
BY MAYOR PRO TEM.
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 28, 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 Diamond
Bar, 313 West 5 h Street, Waterloo, Iowa, be and the same is
hereby approved and the Mayor Pro Tem and City Clerk authorized
to execute the same in behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 28th day of February, 2011 .
Quentin Hart, Mayor ro Tem
•
ATTEST:
Suzy Scha es, CMC
City Cler
•
Wallace W. Butler, Retired
-� ,,, Craig O.Clark 192.3-2004
+'' Fred G.Clark,Jr I922-1984
Clark,
l a r k. Butler® Emily Timothy
BarHama e
it
Rebecca A. Feiereisen
Timot W Hamann "
Jared R. Knapp
Walsh & Hamann Christy R.Liss
James E.Walsh.Jr. „
Christopher S.Wendiand
Attorneys at Law
315 E. 5th Street• PO. Box 596•Waterloo, Iowa 50704• )319) 234-5701 use admitted in Minnesota
FAX(319) 232-9579 • www.Cbwh-law.com Also admined in Winos.
Minnesota and Msconsin
February 17, 2011
Suzie Schares
City of Waterloo
715 Mulberry St.
Waterloo,IA 50703
Re: Five Star Snacks&Liquor
Dear Suzie:
Enclosed is a settlement agreement that I've worked out with the above licensee. This
pertains to a renewal application that was denied back in July and went to the state on appeal.
This has been reviewed by the licensee's attorney and signed by the licensee. It now needs to go
to City Council for approval.
Please return a signed copy of this agreement to me as soon as possible. There is a
hearing scheduled for the morning of March 2, and I want to get this agreement in the hands of
the Alcoholic Beverages Commission as soon as possible.
Be sure to keep a copy of this document for future use and reference. Pursuant to
paragraph 9, the agreement is effective until the parties agree to cancel it, or until the licensee
fails to have a license or permit for the premises at 437 Sullivan Ave.
Let me know if you have any questions.
Sincerely,
CLARK, BUTLER, WALSH& HAMANN
tiketka-4.—ef
By:
Chris Wendland
CSW:amj
enc.
S:\Users\Chris\CLIENTS\CITY\MISC\Letters\201 I\Schares.0217.wpd
•
ALCOHOL LICENSING SETTLEMENT AGREEMENT
This AIcohol Licensing Settlement Agreement (the "Agreement") is entered into as of the
last date signed below by and between the City of Waterloo,Iowa("City") and Chaudhry, Inc., d/b/a
Five Star Snacks &Liquor("Licensee").
RECITALS
A. On or about June 21, 2010, Licensee filed an electronic application (the
"Application")for renewal of a Class E liquor license with respect to premises at 437
Sullivan Avenue, Waterloo, Iowa (the "Licensed Premises"). The Application was
denied by the Waterloo City Council on July 26,2010.
B. Licensee appealed City's action to the Iowa Alcoholic Beverages Division ("ABD").
The parties desire to resolve the dispute, without further hearing, on the terms set
forth in this Agreement.
C. Licensee acknowledges its duty under Iowa law to maintain'a good reputation for
compliance with applicable laws,ordinances and regulations.
AGREEMENT
NOW,THEREFORE, in consideration of the mutual promises exchanged herein,the parties
agree as follows:
1. Licensee agrees to regularly monitor the exterior areas of the premises and the
adjacent alley during all hours that Licensee is open for business,no less than once
each hour. Licensee will direct apparently loitering patrons to leave the monitored
areas and, if such patrons are resistant or respond in threatening manner, Licensee
will promptly inform the Waterloo Police Department.
2. Licensee agrees to pick up and properly dispose of all trash on or about the business
premises,the abutting street and sidewalk,and the adjacent alley no less than once
each day that Licensee is open for business.
3. In connection with the periodic monitoring required above, Licensee shall also
monitor patrons for consumption of alcoholic beverages in public places, including
streets,alleys and sidewalks, and upon observing such activity Licensee shall
promptly report it to the Waterloo Police Department.
4. Licensee shall also post signs on the exterior of the business premises, conspicuously
and in a manner calculated to come to the attention of Licensee's patrons, advising its
patrons to comply with ordinances against loitering,public alcohol consumption,and
excessive noises.
5. The parties agree that(a)Licensee's promise of performance according to the terms
and conditions set forth herein is a material inducement to City's willingness to enter
this Agreement and to consent to approval of the Application and(b)such consent by
City is a material inducement to Licensee's making of the promises contained herein.
Both parties acknowledge that this Agreement is subject to approval by ABD and that
the Application will not be approved without action by ABD. If ABD approves this
Agreement and the Application,the parties agree to promptly take all action
reasonably necessary to dismiss the pending appeal.
6. Each party waives and releases any and all claims,demands, causes of action or
liability whatsoever that it may have against the other party, its officers,directors,
shareholders,officials,employees or agents,arising out of or in any way connected
with the Application or the denial or other handling of same, and each party holds the
other party harmless from and against any and all such liabilities.
7. Each party has had the opportunity to review this Agreement with independent legal
counsel before signing it. The parties execute this Agreement freely and voluntarily,
intending to be bound by its provisions. Because both parties have contributed to the
final content of this Agreement,the provisions hereof shall not be construed against
either party as drafter.
8. Nothing herein is intended or believed to contravene applicable state law,regulation,
or city ordinance.
9. This Agreement is the entire agreement between the parties pertaining to the subject
matter hereof, and it may not be amended except by the mutual written agreement of
the parties. This Agreement shall continue in effect until terminated by the mutual
written agreement of the parties or by Licensee's failure to have in force a liquor
license or beer or wine permit with respect to the Licensed Premises. This
Agreement is binding upon and shall inure to the benefit of the parties and their
respective successors and assigns. Time is of the essence.
IN WITNESS WHEREOF, the parties have executed this Alcohol Licensing Settlement
Agreement by their duly authorized representatives.
CITY OF WATERLOO, IOWA CHAUDHRY, INC.,d/b/a Five Star
{ Snacks&Liquor
By: �X (.;. - Yqi; By: ;2,
Muhammad Chaudhry,President
it&A)16/-
Attest:, , ,
Suzy Shares,City Clerk
Dated: 4 <9 '_ c: i i Dated:
Approved by Iowa Alcoholic Beverages Division on , 2011.
By:
Title:
2
RESOLUTION NO. 2011-136
RESOLUTION APPROVING SETTLEMENT AGREEMENT
WITH FIVE STAR SNACKS & LIQUOR, 437 SULLIVAN
AVE. , AND DIRECTING EXECUTION OF SAID
AGREEMENT BY MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Settlement Agreement dated February 28, 2011, in
conjunction with denial of liquor license application on July 26,
2010, by and between Five Star Snacks & Liquor, 437 Sullivan,
Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is
hereby approved, and the Mayor and City Clerk authorized to
execute the same in behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 28th day of February, 2011 .
Quentin Hart, Pro Tem
ATTEST :
y Sch es, CMC
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 18, 2011
Dept. Head Signature: Dennis Clark
# of Attachments: 1
SUBJECT: Request to certify assessment of work performed by the Waterloo Water Works at 2
locations (Consent agenda item)
Submitted by: Dennis Clark, General Manager of Waterloo Water Works
Recommended City Council Action: Adopt resolution approving communication from the
General Manager of the Waterloo Water Works transmitting request to certify repair amounts for
work performed by the Waterloo Water Works.
Address Amount to certify
500-514 Pine Street $2,146.74
210 Norimer Street $1,532.13
Summary Statement: The Board of Trustees of the Waterloo Water Works adopted a resolution
at their Board meeting, instructing the General Manager to forward the request to certify to the
City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of
the Waterloo Water Works.
Expenditure Required: No City funds are required for this action. The Water Works pays for
the repairs to the private service lines, and recovers the cost of the repairs through this assessment
process.
Source of Funds: Waterloo Water Works operating funds, generated from water sales.
Policy Issue:
Alternative:
Background Information:
WATERLOO WATER WORKS
DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: CRAIG CASLAVKA,Chair
General Manager&Secretary WATERLOO,IOWA 50704 FAX:319-232-1962 TERRY KUNTZ,Vice-chair
RODGER BURRIS
February 17, 2011
Honorable Mayor & Council
City of Waterloo
City Hall
715 Mulberry Street
Waterloo, IA. 50703
Dear Honorable Mayor & Council:
The following is an excerpt from the Board Meeting of the Waterloo Water Works
Trustees held Wednesday, February 16, 2011 .
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark,
presented a statement of$1,532.13, which is supported by invoice
from All Star Plumbing & Heating and the Waterloo Water Works,
showing the work necessary to repair the service line in regards to the
following:
WHEREAS, the owners were notified by the Waterloo
Water Works to make the repairs to the service line at 210 Norimer
Street, which is located on Lot No. 13, in Block No. 6, in "Conger Park"
in the City of Waterloo, Iowa, Black Hawk County and owned by Ryan
J. Etten and John M. Greiner.
WHEREAS, the property owners notified the Waterloo
Water Works that the owners desired to have the cost of water service
line repair assessed to the property taxes. After conversation with the
owners, the owners voluntarily signed a waiver of any further notice
that may be required to have the Waterloo Water Works cause the
work to be done and related costs assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of
Trustees of the Waterloo Water Works, that the General Manager
shall certify this statement to the City Clerk and that the Clerk in turn
shall give notice and an assessment made and certified as provided in
Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of
Ordinances, City of Waterloo, Iowa.
Printed an recycled paper
Page 2
It was moved by Kuntz, seconded by Burris, to adopt the
resolution and instruct the General Manager to certify this resolution to
the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent:
None. Resolution adopted.
After this is certified through your office, please send us a copy of the certification
as follow through and reference with the customer.
Respectfully,
WATERLOO WATER WORKS
Dennis D. Clark, P.E.
General Manager
DDC/cm
Enclosure
WATERLOO WATER WORKS
DENN1S D.CLARK,P.E. 325 SYCAMORE STREET • P.U.BOX 27 319-232-6280 TRUSTEES: CRAIG CASLAVKA,Chair
General Manager&Secretary WATERLOO,IOWA 50704 FAX:319-232-1962 TERRY KUNTZ,Vice-chair
RODGER BURRIS
February 17, 2011
Honorable Mayor & Council
City of Waterloo
City Hall
715 Mulberry Street
Waterloo, IA. 50703
Dear Honorable Mayor & Council:
The following is an excerpt from the Board Meeting of the Waterloo Water Works
Trustees held Wednesday, February 16, 2011.
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark,
presented a statement of$2,146.74, which is supported by invoice
from American Veterans Plumbing LC, showing the work necessary to
repair the service line in regards to the following:
WHEREAS, the owners were notified by the Waterloo
Water Works to make the repairs to the service line at 500-514 Pine
Street, which is located on the North Seventy-five (75) feet of the West
Twenty (20) feet of Lot No. Six (6); and the North Seventy-five (75)
feet of Lots Nos. Nine (9) and Ten (10) all in Block No. Seventy-two
(72) in the Cooley Addition to Waterloo, Iowa, Black Hawk County and
owned by L.V.M. & Son, LLC, an Iowa Limited Liability Company, as
Contract Purchaser, and MCK Properties, LLC, an Iowa limited Liability
Company, as Deed Holder.
WHEREAS, the property owners notified the Waterloo
Water Works that the owners desired to have the cost of water service
line repair assessed to the property taxes. After conversation with the
owners, the owners voluntarily signed a waiver of any further notice
that may be required to have the Waterloo Water Works cause the
work to be done and related costs assessed to the property.
n
(to
Printed on.recycled paper
Page 2
NOW, THEREFORE BE IT RESOLVED, by the Board of
Trustees of the Waterloo Water Works, that the General Manager
shall certify this statement to the City Clerk and that the Clerk in turn
shall give notice and an assessment made and certified as provided in
Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of
Ordinances, City of Waterloo, Iowa.
It was moved by Kuntz, seconded by Burris, to adopt the
resolution and instruct the General Manager to certify this resolution to
the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent:
None. Resolution adopted.
After this is certified through your office, please send us a copy of the certification
as follow through and reference with the customer.
Respectfully,
WATERLOO WATER WORKS
r�•.�
Dennis D. Clark, P.E.
General Manager
DDC/cm
Enclosure
Page 1 of 1
h1ARIA ARMSTRONG
From: PATTIE MAGEE
Sent: Wednesday, February 23, 2011 9:43 AM
To: MARIA ARMSTRONG
Subject: FW: Council Items
Maria, here are a couple of requests for the agenda; will bring you everything ASAP
Pattie
From: TIM ANDERA
Sent: Wednesday, February 23, 2011 9:35 AM
To: PATTIE MAGEE
Subject: Council Items
Pattie,
Please forward Maria this requests so she can place them on the upcoming council meeting on February
28:
1. Request to set the date of public hearing for a request by Lavern Droste to rezone 0.845 acres of land
at 245 Fletcher Avenue from"R-2,C-Z" Conditional Zoning District and "C-2,C-Z" Conditional Zoning
District to"C-1,C-Z" Conditional Zoning District.
2. Request by the City of Waterloo to dedicate a 210 SF permanent easement at the southeast corner of
Mobile Street and Newell Street, directly to the north of the Unity Square Townhomes development, for
sidewalk purposes.
Tim Andera,
Associate Planner
City of Waterloo Community Planning&Development Department
715 Mulberry Street
Waterloo, IA 50703
p: (319)291-4366
f: (319)291-4262
tim.and era(awaterloo-ia.org
Subject to the requirements of the Iowa Open Records Act,this message and accompanying documents are covered by the
Electronic Communications Privacy Act, 18 U.S.C.Subsection 2510-252,as amended,and contains information intended for the
specified individual(s)only.This information is confidential.If you are not the intended recipient or an agent responsible for
delivering it to the intended recipient,you are hereby notified that you have received this document in error and that any review,
dissemination,copying,or the taking of any action based on the contents of this information is strictly prohibited.If you have
received this communication in error,please notify us immediately by e-mail,and delete the original message.
2/23/2011
�_ '� �. CITY OF WATERLOO , IOWA
r41�r,f .
1.... ..... m COMMUNITY PLANNING AND DEVELOPMENT
�d O� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
l9l oo ' NOEL C.ANDERSON,Community Planning&Development Director
Council Communication
Mayor City Council Meeting: February 23, 2011
BUCK
CLARK Prepared: February 22, 2011
Dept. Head Signature:
# of Attachments:
COUNCIL
MEMBER
S SUBJECT:Approval of Tank Cleaning Contract with Enviromark Waste
Management Services, of Davenport Iowa in the amount of$12,062.00 located at
DAVID the former Chamberlain ManufacturingProperty.
JONES
Ward I
Submitted by: Noel Anderson-Community Planning&Development Director
CAROLYN
COLE
Ward 2 Recommended City Council Action:To approve Tank Cleaning Contract with
Enviromark Waste Management Services,of Davenport Iowa in the amount of
HAROLD $12,062.00 located at the former Chamberlain Manufacturing Property.
GETTY
Ward 3
QUENTIN Summary Statement: There are two (2) 125,000-gallon fuel oil tanks remaining on
HART the site that must be appropriately cleaned before salvaging. It is estimated that there
Ward 4 g g•
is a total of 2,000 gallons of#3 fuel oil between the two tanks. Once the tanks are
RON cleaned Enviromark will issue the City a "Clean Tank" certificate for each tank.
vWEEa PER One clean up of the tanks is completed, the tanks can be sold for scrap to a local
salvage yard.
BOB
GREENWOOD Expenditure Required: $12,062.00 dollars
At-Large
STEVE Source of Funds: The cleanup activities of the two (2) tanks will undertaken by the
SCHMITT City of Waterloo using Iowa Brownfield Grant funds.
Ar-Large
Policy Issue: Chamberlain Demolition and Redevelopment
Alternative: N/A
Background Information: The objective of this EPA Brownfield's Cleanup Project
is to make the former Chamberlain Site available for redevelopment as open space.
The former Chamberlain Site is located at 550 Esther Street. The Site occupies
approximately 22 acres and is topographically flat. The property has a manufacturing
history dating back to the early 1900s. Chamberlain Manufacturing Company
ceased operations in the early 1990's. The site was sold for warehousing in 1996.
CITY WEBSITE: wwwci.waterloo.ia.us
WE'RE WORKING FOR YOU! Ili
An Equal Opportunity/AffirmativeAafon Employer
The City of Waterloo took ownership of the property in December 2005 after completing
Phase I and II environmental assessments, After the conclusion of the Phase II,
Supplemental Phase II and Baseline Monitoring, the former site owner and operator,
Chamberlain Manufacturing, has agreed to voluntarily complete most of the remaining
cleanup and investigation of the site, with the exception of the asbestos cleanup and
demolition of above ground buildings
cc:NOEL C.ANDERSON,Community Planning&Development Director
a CITY OF WATERLOO , IOWA
dT COMMUNITY PLANNING AND DEVELOPMENT
.. , , O�� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
'&t!oo % NOEL C.ANDERSON,Conmwnity Planning&Development Director
Council Communication
Mayor City Council Meetings February 23, 2011
C LARK Prepared: February 22, 2011
Dept. Head Signature:
COUNCIL # of Attachments:
MEMBERS
»••.•••»••••»••• SUBJECT:Approval of Tank Cleaning Contract with Enviromark Waste
Management Services, of Davenport Iowa in the amount of$12,062.00 located at
JDOANE�S the former Chamberlain Manufacturing Property.
Ward l
Submitted by: Noel Anderson-Community Planning&Development Director
CAROLYN
COLE
Ward Recommended City Council Action:To approve Tank Cleaning Contract with
Enviromark Waste Management Services,of Davenport Iowa in the amount of
HAROLD $12,062.00 located at the former Chamberlain Manufacturing Property.
GETTY
Ward 3
QUENTIN Summary Statement: There are two (2) 125,000-gallon fuel oil tanks remaining on
y1,ard4 the site that must be appropriately cleaned before salvaging. It is estimated that there
is a total of 2,000 gallons of#3 fuel oil between the two tanks. Once the tanks are
RON cleaned Enviromark will issue the City a "Clean Tank" certificate for each tank.
vWEEa PER One clean up of the tanks is completed, the tanks can be sold for scrap to a local
salvage yard.
BOB
GREENWOOD Expenditure Required: $12,062.00 dollars
At-Large
STEVE Source of Funds: The cleanup activities of the two (2) tanks will undertaken by the
SCHMITT City of Waterloo using Iowa Brownfield Grant funds.
At-Large
Policy Issue: Chamberlain Demolition and Redevelopment
Alternative:N/A
Background Information: The objective of this EPA Brownfield's Cleanup Project
is to make the former Chamberlain Site available for redevelopment as open space.
The former Chamberlain Site is located at 550 Esther Street. The Site occupies
approximately 22 acres and is topographically flat. The property has a manufacturing
history dating back to the early 1900s. Chamberlain Manufacturing Company
ceased operations in the early 1990's. The site was sold for warehousing in 1996.
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal OpportunftylARirmative ACI(on Employer
The City of Waterloo took ownership of the property in December 2005 after completing
Phase I and II environmental assessments. After the conclusion of the Phase II,
Supplemental Phase II and Baseline Monitoring, the former site owner and operator,
Chamberlain Manufacturing, has agreed to voluntarily complete most of the remaining
cleanup and investigation of the site, with the exception of the asbestos cleanup and
demolition of above ground buildings
cc:NOEL C.ANDERSON,Community Planning&Development Director
r
RESOLUTION NO. 2011-137
RESOLUTION MAKING ASSESSMENT FOR WORK
PERFORMED BY THE WATER WORKS.
WHEREAS, the Board of Water Works Trustees of the City of
Waterloo, Iowa, did, as provided by law, notify by written notice
the property owner of the premises described below to have the
repairs completed and further damage prevented, and
WHEREAS, the property owner failed to comply with the order
of the Board of Water Works Trustees, as by law provided, and
WHEREAS, the Board of Water Works Trustees proceeded to have
the work done on the premises described below, in the City of
Waterloo, Iowa, to comply with Ordinance No. 1118 of the City of
Waterloo, Iowa, and
WHEREAS, the Board of Water Works Trustees filed with the
City Clerk on the 17th day of February, 2011, a report filing
claim for the repairs and preventing further damage at the below
described premises and same met all the requirements of the City
ordinance and have been fully completed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the said report of the Board of Water Works
Trustees be, and the same is hereby, approved; that the work was
done under and by virtue hereby, accepted, and that the cost of
said work is hereby determined to be as follows, which amount can
be assessed over a ten-year period against the property:
Ryan J. Etten and John M. Greiner, Owners
210 Norimer Street, Waterloo, Iowa
Legal Description:
Lot No. 13, in Block No. 6, in "Conger Park", in the
City of Waterloo, Black Hawk County, Iowa.
Unpaid Assessment: $1, 532 . 13
L.V.M. & Son, LLC, an Iowa Limited Liability Company, as
Contract Purchaser, and
MCK Properties, LLC, an Iowa Limited Liability Company, as
Deed Holder
500-514 Pine Street, Waterloo, Iowa
Legal Description:
The North Seventy-five (75) feet of the West Twenty
(20) feet of Lot No. Six (6) ; and the North Seventy-
five (75) feet of Lots Nos. Nine (9) and Ten (10) all
in Block No. Seventy-two (72) in the Cooley Addition,
in the City of Waterloo, Black Hawk County, Iowa.
Unpaid Assessment : $2, 146. 74
BE IT FURTHER RESOLVED that there be, and are hereby
assessed and levied a special tax and assessment against the
property improved in the City of Waterloo, Iowa, said assessment
shall bear interest from the date of levy of the assessment, viz :
February 28, 2011, at the rate of nine (9) percent per annum
until paid on all the unpaid amount of this assessment certified
to the County Treasurer of Black Hawk County, Iowa, and
Resolution No. 2011-137
Page 2
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby instructed to notify the above described property owners
of said property, accordingly and also instructed to certify said
assessment to the County Treasurer of Black Hawk County, Iowa, to
be entered upon the tax list to be collected as other taxes, as
provided by law, and when collected to be credited to the Water
Works Fund of said City, and assessment to be made over a ten-
year period.
PASSED AND ADOPTED this 28th day of February, 2011 .
K
Quentin Hart, Mayor Pro Tem
ATTEST:
� Se n l n Suzyh , CMC .Y
City Cle k
FINANCE DEPT. STAFF ONLY
LINE ITEM USED e"/j ,,?6, 4,4,6 1644/
TRAVEL REQUEST FYI ��1
II BUDGETED g 00
CITY OF WATERLOO EXPENDED YTD
THIS REQUEST Ag3000
LEFT AFTER THIS
REQUEST al7jQ gf
DATE / , : ��/z— //
Original-Clerk/Finance Copy-Department
NAME(S) AND POSITION(S): DATE:
Cammie Scully& Bill Groenen February 10, 2011
of a.WA-n0. , Re►•t� ►0k -C.4ri oek_
NAME OF CLASS/ MEETING: DESTINATION:
Providence, RI
DEPARTURE POINT
IF NOT WATERLOO:
DEPARTURE D TE: RETURN DATE: DATE(S) OF MEETING:
`4/4/1.1, ??11 f \ 1 4,42//4 31 19, ( 4
a
PURPOSE OF TRAVEL:
Travel to deliver works from WCA's collection of Haitian art to Brown University and Rhode Island School of Design for an
upcoming exhibition. WCA is partnering with these prestigious institutions for this project. Costs will be reimbursed by
Brown Universes.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ $720.00
YES NO
METHOD OF TRAVEL:
X CITY VEHICLE PRIVATE VEHICLE
AIRFARE DEPARTING FROM:
ESTIMATE OF COST: BUDGET LINE ITEM: 010-26-4265-1346
600 LODGING TAXI X GRANT REIMBURSABLE
630 MEALS PARKING YES NO
REGISTRATION AIRFARE X REQUIRED CERTIFICATION
1,400 MILEAGE/FUEL 200 MISC/TOLLS YES NO
TOTAL FOR ALL: $ 2,830.00 TOTAL: $ PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATERLOO /.41
DEPART ENT HEAD MAYOR
Ag6 c0 02///!// CV4496(1
DATE DATE
K:\Shared Goodies\Forms\Travel Request Form January 2010
FINANCE DEPT. STAFF ONLY
LINE ITEM USED 010-11-1100-1346
TRAVEL REQUEST FY _2011_ BUDGETED *0O0-0'U
CITY OF WATERLOO EXPENDED YTD /44/( UD
THIS REQUEST / 7Q2,0,
LEFT AFTER THIS
REQUESTt17g3„33
NAME(S) AND POSITION(S): DATE: DATE ;,,.
Officers Erie and Gergen Fat ruat960611-1Clerk/Finance Copy-Department
NAME OF CLASS/ MEETING: DESTINATION: Wateloa,-IA--
International Law Enforcement Educators and Trainers
Association. (ILEETA) DEPARTURE POINT �uf7t�t c
IF NOT WATERLOO:
DEPARTURE DATE: Return Date: DATE(S) OF MEETING:
April 11 April 15 April 11-15th, 2011
PURPOSE OF TRAVEL: Lt. Krogh is requesting to send Officers Erie and Gergen, both department control tactics
instructors, to the International Law Enforcement Educators and Trainers Association Conference, April 11-15,
2011 in Wheeling, Illinois. This is a conference for trainers or educators in the field of law enforcement only. It is
a hands on conference as well as classroom topics. There are over 130 courses offered this year and 30
certification courses. This conference has current information on the newest trends in law enforcement training
and some of the best instructors from around the country are there to teach in their chosen fields of law
enforcement from the state, local and federal levels. These officers gain valuable knowledge at this conference
and in turn, teach this to officers of the Waterloo Police Department during in service training. Both are already
members of ILEETA.
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:
533.12 LODGING TAXI x GRANT REIMBURSABLE
450.00 MEALS PARKING YES NO
714.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION
100.00 MILEAGE/FUEL MISC/TOLLS YES NO
TOTAL FOR ALL: $ 1797.12 TOTAL: $ PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATERLOO
DEPARTMENT HEAD MAYOR
t( 421/76(1
DATE DATE
FINANCE DEPT. STAFF ONLY
LINE ITEM USED 010-11-1100-1346
TRAVEL REQUEST FY.43///� BUDGETED I{/000.00
CITY OF WATERLOO EXPENDED YTD il; //6,.'7 .
THIS REQUEST /6-(w_ao
LEFT AFTER THIS
REQUEST , ,j 2
DATE /�. ;-/ . di%
Original-Clerk/Finance Copy- Department
NAME(S) AND POSITION(S): DATE:
Sgt's Brian Hoelscher& Hector Camarin January 31st, 2011
NAME OF CLASS / MEETING: DESTINATION: Iowa Law Enforcement Academy
Northwestern First Line Supervisor School Johnston, Iowa
DEPARTURE POINT
IF NOT WATERLOO:
DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING:
April 10th, 2011 April 151h, 2011 April 11-15,2011
PURPOSE OF TRAVEL:
Capt. Leibold is requesting authorization to send Sergeant's Brian Hoelscher and Hector Camarin to the First Line
Supervisor course at the Iowa Law Enforcement Academy on April 11-15, 2011, in Johnston, Iowa. This five-day school is
presented by Northwestern University for Public Safety and will develop supervisor skills. The class will teach the
supervisor's the responsibilities of a supervisor and develop leadership and motivational skills that will assist them in
becoming a better leader and supervisor. The cost of registration is$550.00 per officer and would require housing at
Camp Dodge and meals at the academy. A city vehicle will be needed for travel to the training facility.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00
YES NO
METHOD OF TRAVEL:
xx CITY VEHICLE PRIVATE VEHICLE
AIRFARE DEPARTING FROM:
ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346
$200.00 LODGING TAXI xx GRANT REIMBURSABLE
$160.00 MEALS PARKING YES NO
$1100.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION
$40.00 MILEAGE/FUEL MISC/TOLLS YES NO
TOTAL FOR ALL: $ 1500.00 TOTAL: $ 0.00 PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATERLOO
DEPARTMENT HEAD MAYOR
42-817al
DATE DATE
FINANCE DEPT. STAFF ONLY
LINE ITEM USED 010-11-1105-1346
TRAVEL REQUEST FY AI i BUDGETED j.; ,�(),c.us
CITY OF WATERLOO EXPENDED YTD . 7C14•,
THIS REQUEST S 5 6.a)
LEFT AFTER THIS
REQUEST „� fl4/ ,
DATE -/3- � l I
Original-Clerk/Finance Copy-Department
NAME(S) AND POSITION(S): DATE:
Records Manager Wendy Drinovsky and Clerk Rose Davis February 11, 2011
NAME OF CLASS/MEETING: DESTINATION: Stoney Creek Inn
Shield Technology Conference Johnston, Iowa
DEPARTURE POINT
IF NOT WATERLOO:
DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING:
May 3,2011 May 5,2011 May 3-5,2011
PURPOSE OF TRAVEL:
Lt Krogh is requesting to send Records Manager Wendy Drinovsky and Clerk Rose Davis to the Shield Technology
Conference May 3-5,2011 at Stoney Creek Inn in Johnston, Iowa. The Waterloo Police Department currently uses Shield
Technology Corporations software on all of our computers including the patrol car computers. This is a three-day
conference, which will provide training to the attendees about new and improved updates to the computer software our
department uses. The attendees will then be able to train our officers on these new updates that will improve our abilities
with the software. The registration is free but will require hotel, meals, and a city vehicle to be provided.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00
YES NO
METHOD OF TRAVEL:
xx CITY VEHICLE PRIVATE VEHICLE
AIRFARE DEPARTING FROM:
ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1105-1346
$250.00 LODGING TAXI xx GRANT REIMBURSABLE
$256.00 MEALS PARKING YES NO
$0.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION
$50.00 MILEAGE/FUEL MISC/TOLLS YES NO
TOTAL FOR ALL: $ 556.00 TOTAL: $ 6-ee 9 m 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
DEPARTMEN HEAD MAYOR (I
2 —1, (. -- (. ( k4
DATE DATE
FINANCE DEPT. STAFF ONLY
LINE ITEM USED 7/0 ✓2o 4M65 I30te
TRAVEL REQUEST FY BUDGETED (Q/gUU
CITY OF WATERLOO EXPENDED YTD a�3
THIS REQUEST /p Jc UU
LEFT AFTER THIS
REQUEST 53?5 Sf
DATE 2u,) v?-/6o-,2411
Original-Clerk/Finance Copy-Department
NAME(S) AND POSITION(S): DATE:
Cammie Scully, Director/Waterloo Center for the Arts February 10, 2011
NAME OF CLASS/ MEETING: February 14-5, 15
Cultural Advocacy Day
DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING:
February 1.5 February 15 As-staters_
"d// S/77-gT'I it 7;i 4,41
PURPOSE OF TRAVEL:
To meet with legislators in special meetings and at events to encourage them to support and not cut cultural programs
and funds. There are two bills that have been introduced that could be devastating to museums and 3 programs that may
be cut that will directly impact our organization.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST $
YES NO
METHOD OF TRAVEL:
CITY VEHICLE XX PRIVATE VEHICLE
AIRFARE DEPARTING FROM:
ESTIMATE OF COST: BUDGET LINE ITEM: L%/U-41--/ &.5 -13 0
: f
$100 LODGING TAXI GRANT REIMBURS)tABL L'SC
$5f MEALS PARKING YES NO
REGISTRATION AIRFARE REQUIRED CERTIFICATION
$35 MILEAGE/FUEL MISC/TOLLS YES NO
TOTAL FOR ALL: $ 185 TOTAL: $ PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATERLOO
, 1141
Omit"
DEPARTMENT HEAD MAYOR _ fn February 10, 2011 er /PI) (I
DATE DATE `�Kj
K:\Shared Goodies\Forms\Travel Request Form January 2010
CITY OF WATERLOO
Committee Communication
Committee Meeting: February 28, 2011
Prepared: February 18, 2011
is
Dept. Head Signature: C _ -72 )
# of Attachments: 1
SUBJECT: Leisure Services Commission member appointments (3). See below.
Submitted by: Mayor Buck Clark
Recommended City Council Action: Approval
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information:
Appoint Michael Allen and Julie Koch-Hoth to their first terms as Leisure Services
Commission members effective 3/1/11, expiring 3/1/14. They replace Dave Buck and Christine
Handfelt who have served two consecutive three-year terms.
Appoint Sharon Samec to her 2nd 3-year term effective 3/1/11, expiring on 3/1/14.
Application
Exception to Burning Yard Waste
City of Waterloo,Iowa
The undersigned hereby requests that the City of Waterloo, Iowa, consider the following
application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo
Code of Ordinances. pp
1. Name of Applicant: R r u c.e I. Stilts
2. Address and Phone No.of Applicant `t33J Lajan Avenue, VVa-ter'loo
(319) 235-9907
3. General Description of area to be burned(including size):
I want to burn ►92 acres of prairie land, It isa rectanglef mile
on the east and west sides, andg mile on the north and South Sides.
Big Rock Rooc is onthe South cIde) and farm fields are on theothert.Side;
4. Dates and times of burning:The OJT IAIIgracs PraiR,e Center nerds a wide burn
Windot-th fob of bredSpriny WindyIveo(IIeR.Availahiti tya'tednts_ 2/ toAI IL23
5. Description of Vegetation: My land IS an enhanced prod rie remnant.
IYtost of the prairie Is covered with wet prairie species. The
prr irre has several rare spec,esl 4 S CCIE 0 a tPPE incluniN 3 P- s fl dy's SI" r,
6. Description of management techniques:
The fire. Wi II burn off brush and will aic/ The in controlling
weeclS . with herhicide and Spot /»owini,
7. Describe containment procedures: the UN1 To.JIGrass rrairk Center, t.t'th their
equipmelt,Stvde.ntc and personal) will conduct the burn. In 200$ the center Made
the video "Pre se-ribed Re incroislands,�onmy ?rm.ir,e. Fie 'breaks
wi Il be prated across4 corners. BAck f i oes.will be used ate around.
anzcz
Signature of Applicant
The Waterloo City Council will act on this applicant and you will be notified of their decision.
Prior to burning,please notify the Waterloo Fire Department:
1. To determine if proper weather conditions exist,and
2. To determine need for stand-by vehicles.
FOR CITY USE ONLY:
This application has been reviewed and approved by:
it
Date
Fire Chief
Fee Paid $ 60.6D
Receipt No. (901/063?O
Application
Exception to Burning Yard Waste
City of Waterloo,Iowa
The undersigned hereby requests that the City of Waterloo,Iowa consider the following application to allow the burning of yard
waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances.
1. Name of Applicant: Hawkeye Community College
2. Address&Phone No.: Terri Rogers,Natural Resources Hawkeye Comm.College
319-296-2320 x.1311 1501 E.Orange Road Waterloo,IA 50701
3. General Description of area to be burned(including size):
We will be burning two areas within Hawkeye Community College property,including one prairie on land now leased
to Cedar Valley Arboretum&Botanic Gardens(under their request). These areas are marked on the attached map with
a description of proposed bum areas.
HCC Prairie 1.5 acre (east of Hawkeye Center and Campus View Drive)
CVABG Prairie 6.0 acres(north of Arboretum Drive,west of Hess Road)
4. Dates and times of burning:The areas described above will be burned first available class date March-May.We will
consult with the Iowa bum forecast website as to weather conditions and bum conditions.
5. Description of Vegetation: All areas to be burned are restored native prairie species.
6. Description of management techniques:
Two crews of eight personnel each,armed with backpack pumps for fire control and radios for communication.
One crew on right flank,one crew on left flank of prescribed burn. One crew of four on mop up behind them
using swatters and backpack pumps. The right flank crew will light a backburn only when we have a wind of
10-15 mph or less. When the backburn is at least 25 meters,we will begin the burning of the left flank. We
carefully keep the right flank ahead of the left flank by twice the distance,ensuring that the fire does not leave
our containment zone or fire breaks.
7. Describe containment procedures:
We have defined our fire breaks with roads and mowed areas that are twelve to twenty five feet. We always
begin with backburns,carry backpack pumps,rakes and shovels to extinguish hot spots or fire jumps. We have
a water pumper truck for containment. We will also carry a radio to call for back up if need and a first aid kit.
We alert the fire department ahead of time,our public safety dejrnent,co operator,and neighbors.
Signs re of Applicant
The Waterloo City Council will act on this applicant and you will be notified of their decisio . Prior to burning,please notify the
Waterloo Fire Department:
1. To determine if proper weather conditions exist,and
2. To determine need for stand-by vehicles
FOR CITY USE ONLY:
This application has been reviewed and approved by:
rov : Date
Fire Chief
Fee$50.00 Paid EXEMPT
Receipt No.
BONDS FOR COUNCIL APPROVAL
FEBRUARY 28, 2011
RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000. 00
IA 559897 CARDINAL CONSTRUCTION INC. WATERLOO, IA
IA 564241 CARL SCHULER MASONRY CONSTR. WATERLOO, IA
SY53620 KE FLATWORK, INC. ELDRIDGE, IA
IA 537826 MARTINSON CONSTRUCTION CO INC. WATERLOO, IA
IA 596146 MATTHEW MCROBERTS DBA MCROBERTS CONSTRUCTION CEDAR FALLS, IA
IA 580675 PAULINE COMPANY INC WATERLOO, IA
� CITY OF WATERLOO , IOWA
.T1�
CITY ATTORNEY'S OFFICE
r �0 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax(319)291-4571
Gferl pp \O JAMES E.WALSH,JR.,City Attorney • DAVID R.ZBLLHOIirhic Assistant City Attorney
Mayor
BUCK
CLARK
COUNCIL February 28, 2011
MEMBERS
DAVID
JONES
Ward 1 Mayor Buck Clark and
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 24, 2011.
HART
Ward 4 Of the (j bonds submitted, c were approved and 0
RON rejected, as shown on the attached list.
WELPER
Ward 5 Very truly yours,
BOB
GREENWOOD f
At-Large
sTEVE Davi R. Zellhoefer
SCHMITT Assistant City Attorney
At-Large
DRZ:lc
CITY WEBSITE:www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/AfrmiatveAction Employer
Approved4nied Online
NEW
RENEWAL
EXPIRATION /22 I� !_
CLASS 6 b,ehf i� ( 4. p r-6
INSPECTION REPORT -i.PL O-FinlCtJ '
APPLICATION FOR BEER AND/OR LIQUOR PERMIT SfG,WAyle ifs regUi"-cf'
•a-(z3 1 1 1
BUSINESS: YLeAt.,tgr ' -
ADDRESS:
WE, THE UNDERSIGNED, HAVE INSPECTED THE ABOVE MENTIONED PREMISES
AND FOUND THAT THIS ESTABLISHMENT MEETS THE MINIMUM STANDARDS AS
SET FORTH BY ALL APPLICABLE LAWS AND ORDINANCES.
WE REPORT OUR FINDINGS AS FOLLOWS:
HEALTH &SANITATION
COMMENTS:
THIS ESTABLISHMENT IS CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA
CHAPTER 137F(FOOD CODE)
THIS ESTABLISHMENT IS NOT CURRENTLY IN COMPLIANCE WITH THE CODE
OF IOWA CHAPTER 137F(FOOD CODE) ,,^
APPROVED BY:� S141a
DATE: I L Lp 1)
� l I
FIRE MARSHALL
COMMENTS:
X APPLICANT IS IN COMPLIANCE WITH THE CURRENT FIRE CODE
NOT IN COMPLIANCE WITH FIRE CODE
APPROVED BY: , 2
DATE: - oG - o'0i/
POLICE CHIEF OR DESIGNEE
WE HAVE RESEARCHED THE APPLICABLE RECORDS OF THE OVE MENTIONED
ESTABLISHMENT AND REPORT THE FOLLOWING:
DENIED BY: APPROVED BY:- \x\.7L.
DATE: I 11
STATUS B
COUNCIL ACTT N V
DATE: 2 I `
Uttrisa Application ( )
ttant
Aiiiiiiie-of Applicant: El Mexauite Restaurant LLC
-iiiliietifOlasiness(DBA): El Mexauite Restaurant
- Address of Premises: 921 Broadway Street
City: Waterloo County: Iowa Zip: 5(103
Business Phone: (319)235-2080
Mailing Address: 921 Broadway Street
City: Waterloo State: IA Zip: 50703
Contact Person
Name: Imelda Saucedo
Phone: (319)961-5107 Email Address:
Classification: Class B Beer(BB)(Includes Wine Coolers)
Term: 12 months
Effective Date: 12/17/2010
Expiration Date: 01/01/1900
Privileges:
Class B Beer(BB)(Includes Wine Coolers)
Sunday Sales
Status of Business
BusinessType: Sole Proprietorship
Corporate ID Number. 406273 Federal Employer ID#2 7-3 7 91 335
Ownership
Amed Castro
First Name: Amed Last Name: Castro
City: State: Iowa Zip: 50703
Position Maneaer
%of Ownership 100.00% U.S.Citizen
Insurance Company Information
Insurance Company: Founders Insurance Company
Policy Effective Date: 12/17/2010 Policy Expiration Date: 12/17/2011
Bond Effective Continuously: Dram Cancel Date:
Outdoor Service Effective Date: Outdoor Service Expiration Date:
Temp Transfer Effective Date: Temp Transfer Expiration Date:
Page 1 of 1
-erasing-
N, ALCOHOL IC
BEV B_, _ DIVISION
• About
• Alcohol
• Tobacco
• Links
• Contact
•
On-Demand II Keg Registration : User Profile II Logoff j
Help License Search _ License List iReporting Search
Ownership BB_V_31311, El Mexquite Restaurant, Waterloo
License
After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen.
Privileges The navigation links on the top may also be used to move around the application.
Applicant Corporate applicant's,list all shareholders having 10%or more interest in the corporation and all officers and directors of
Status Of Business 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
If Ownership the Secretary of State office will need a trade name filing from their county recorder's office.
_• Criminal History
Owners:
> Violatons
Name Address Percentage
▪ Premises
Amed Castro 921 Broadway Street,Waterloo,IA,50703 100.00% View
▪ General Premises L'3 G et+ j'"�
,"t 1
Applicant Signature ( ef
• Dram Cart
• Local Endorse Firsted Last Name:.Castro
- -
Name:' - ......
• History Address: 921 Broadway Street
Address
Line 2:'._.... __.... _.. _ ._._ .....
City: VVaterlbo .... State: oi3
Zip: 50703
....____... .. No
SS#: 603-26 8168 U.S. No Spouse:
Position:.Manager Citizen:
Date at 06/20t19/3 of—
ownership: 0.00a
BE
MMIDD(YYYY '
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Contact Us
Iowa Alcoholic Beverages Division
1918 SE Hulsizer Road,Ankeny,IA 50021
Toll Free 866.IowaABD(866.469.2223)
Local 515.281.7400
• Terms and Conditions
• Privacy Policy
Copyright C2009 State of Iowa
Alcoholic Beverages Division.All Rights Reserved.
https://elicensing.iowaabd.com/Ownership.aspx 12/6/2010
ABD Licensing - Criminal History Page 1 of 1
Criminal History_ BB V 3.13.11, El Mexquite Restaurant, Waterloo.
Atftercomptetfon click on the F1EXT 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.
No 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.
yes 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.
SEE::_ If no arrests, indictments, summons or convictions are applicable select"NONE".
}
https://eicensing.iowaabd.com/CriminalHistory.aspx 12/6/2010
ABD Licensing-Applicant Signature Page 1 of 1
Applicant Signature BB_V_31311, El Mexquite Restaurant, 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.
I 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.
1 NOTE:The Applicant's Name must match one of the owner's names from the Ownership screen.
{ Applicant's Name: Amed Castro Date: 1 11C1201 MMIDD/YYYY
Tentative effective date: 12i17i2-2' MM/DDIYYYY
You are ready to submit the application for your license to sell alcoholic beverages in the State of Iowa. By
providing the following bank information, your account will be debited$360.00 for the payment of the license.
https://elicensing.iowaabd.com/ApplicantSignature.aspx 12/6/2010
ABD Licensing- Dram Shop Certification Page 1 of 1
Dram-Shop Liability Certificate of insuranceBB_V_31311 , El Mexquite
Restaurants_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: E i 00270
Assured: El rt e;cu'te Restaurant LLC
DBA: EI Mexquite Restaurant —
Address: 521 Broadway Street _
Address Line 2:
City: Waterloo
50703
State: `.owa Zip: —
Policy Effective Date: 12/17/2010 MM/DDIYYYY
To: Expiration Date: 12/17/2011 MM/DD/YYYY
Thru: ... —
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: 12103/2010 MMIDD/YYYY
https://elicensing.iowaabd.com/DramShopCert.aspx 12/6/2010
•
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.
AA arALs ! 2- iT2-
Applicant's Signature Date
NOTARY
State of llo
County of `fit "kt— ,` p� 1
Signed and sworn to before me on
Date
By � 06-St 1`b
Print/ of Applicant AL
Signature of Notary Date
THEfi9WA STATE BAR ASSOCIATION f p FOR THE LEGAL EFFECT OF THE USE OF
Official Form No.141. Jt Kurt R.Leistikow THIS FORM,CONSULT YOUR LAWYER
�ST"rF
. j ' c •
REAL ESTATE CONTRACT- INSTALLMENTS
s
IT IS AGREED this �7 f t day of August , 2010 ,by and between
CMS Inve>sl&uts. LT,C
of the County of Black Hawk State of Iowa,Sellers;and
Amed A. Castro J 1 I z ( --j t f.. �c�= e�lao SR) 7z.3
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:
Lots Nos. Twelve (12) and Thirteen (13) in Block No. Five(5) in "Burnside" in Waterloo, Iowa.
Property is commonly known as: 921 Broadway Street, Waterloo, Iowa 50703
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:
1.TOTAL PURCHASE PRICE.The Buyers agree to pay for said property the total of $ 95.000.00
due and payable at c/o Mike Taylor. 322 Rae Drive. Evansdale. IA 50707 ,Black Hawk
County,Iowa, as follows: See Attached Addendum for payment specifics
(a)DOWN PAYMENT of $ 16.000.00 RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED:and
(b)BALANCE OF PURCHASE PRICE. $ 79 (lff op ,as follows $ 660.79
® INCLUDING ❑ PLUS ,8o/n INTEREST(or more at the option of the Buyers)(and more as
may be increased by the provisions of the last sentence of this paragraph)on or before the 17th day of October 2010
and$ 660.79 ® INCLUDING ❑ PLUS 8%
INTEREST(or more at the option of the Buyers)(and more as may be increased by the provisions of the last sentence of this paragraph)on or
before the 17th day of each and every MONTH
thereafter until balloon payment is due October 17.2017 - `tl,E I
I I rLus irtte rent on un yeblc;,; {_
from Har9^ ^z9^°^i^^ ^t Lily-{aid:said payments to be applied first to the
interest then unpaid and next upon the balance of the principal. If indicated by'Yes'in the space following,or upon subsequent request by
Sellers,Buyers shall on the said dates for payment each MONTH, YES in addition to the said MONTHLY
payments,pay one-twelfth of the annual taxes,annual special assessments and annual
insurance to gpAp ,as a trust fund,in amounts reasonably calculated by Sellers,for the timely payment of such items by Sellers to the extent
of such fund YY NN
(Yes or not now)
2.POSSESSION.Buyers,concurrently with due performance on their part shall be entitled to possession of said premises on the
17 day of September . 2010 ;and thereafter so long as they shall perform the
obligations of this contract. If Buyers are taking subject to the rights of lessees and are entitled to rentals therefrom on and after
date of possession,so indicate by yes'in the space following
3.TAXES.Sellers shall pay
See Attached Adendum
and any unpaid taxes thereon payable in prior years. Buyers shall pay any taxes not assumed by Sellers and all subsequent taxes
before same become delinquent.Whoever may be responsible for the payment of said taxes,and the special assessments,if any,each
year, shall furnish to the other parties evidence of payment of such items not later than July 15 of each year. Any proration of taxes
shall be based upon the taxes for the year currently payable unless the parties state otherwise.
(Decide,for yourself,if that formula is fair if Buyers are purchasing a lot with newly built improvements).
4.SPECIAL ASSESSMENTS. Sellers shall pay the special assessments against this property:
(a)Which,if not paid,in the year ,would become delinquent and all assessments payable prior thereto.
(b)Which are a lien thereon as of
(c) Including all sewage disposal assessments for overage charge,heretofore assessed by any municipality having jurisdiction as of date of
possession.
Buyers,except as above stated,shall pay all subsequent special assessments and charges,before they become delinquent.
e The Iowa State Bar Association 2009 141-REAL ESTATE CONTRACT-,INSTALLMENTS
IOWADOCS® Revised June 2009
5. MORTGAGE. Any moAgegl3Fprxpcumbrance of a similar nature against the said property shall be timely paid by Sellers so as not to
prejudice the auyere equity herein. Should Sellers font to pay, Buyers may pay any such sums in default and shall receive credit on this
contract for such sums so paid.MORTGAGE BY SELLERS.Sellers,their successors in interest or assigns may,and hereby reserve the right
to at any time mortgsgii their right, title or interest in such premises or to renew or extend any existing mortgage for any amount not
exceeding 90 Enke Men unpaid balance of the purchase price herein provided.The interest rate and amortization thereof shall be
no more onerous than the installment requirements of this contract. Buyers hereby expressly consent to such a mortgage and agree to
execute and deliver all necessary papers to aid Sellers in securing such a mortgage which shall be prior and paramount to any of Buyers'
then rights in said property. DEED FOR BUYERS SUBJECT TO MORTGAGE. If Buyers have reduced the balance of this contract to the
amount of any existing mortgage balance on said premises,they may at their option,assume and agree to pay said mortgage according to its
terms,and subject to such mortgage shall receive a deed to said premises;or Sellers,at their option,any time before Buyers have made
such a mortgage commitment, may reduce or pay off such mortgage. ALLOCATED PAYMENTS. Buyers, in the event of acquiring this
property from an equity holder instead of a holder of the fee title, or in the event of a mortgage against said premises, reserve the right, if
reasonably necessary for their protection to divide or allocate the payments to the interested parties as their interests may appear.SELLERS
AS TRUSTEES.Sellers agree that they will collect no money hereunder in excess of the amount of the unpaid balance under the terms of
this contract less the total amount of the encumbrance on the interest of Sellers or their assigns in said real estate; and if Sellers shall
hereafter collect or receive any moneys hereunder beyond such amount,they shall be considered and held as collecting and receiving said
money as the agent and trustee of the Buyers for the use and benefit of the Buyers.
6. INSURANCE. Except as may be otherwise included in the last sentence of paragraph 1(b) above, Buyers as and from said date of
possession,shall constantly keep in force insurance,premiums therefore to be prepaid by Buyers(without notice or demand)against loss by
fire,tornado and other hazards,casualties and contingencies as Sellers may reasonably require on all buildings and improvements,now on
or hereafter placed on said premises and any personal property which may be the subject of this contract, in companies to be reasonably
approved by Sellers in an amount not less than the full insurable value of such improvements and personal property or not less than the
unpaid purchase price herein whichever amount is smaller with such insurance payable to Sellers and Buyers as their interests may appear.
Sellers'interest shall be protected in accordance with a standard or union-type loss payable clause. BUYERS SHALL PROMPTLY DEPOSIT
SUCH POLICY WITH PROPER RIDERS WITH SELLERS for the further security for the payment of the sums herein mentioned.In the event
of any such casualty loss, the insurance proceeds may be used under the supervision of the Sellers to replace or repair the loss if the
proceeds be adequate; if not,then some other reasonable application of such funds shall be made; but in any event such proceeds shall
stand as security for the payment of the obligations herein.
7.CARE OF PROPERTY. Buyers shall take good care of this property;shall keep the buildings and other improvements now or hereafter
placed on the said premises in good and reasonable repair and shall not injure,destroy or remove the same during the life of this contract
Buyers shall not make any material alteration in said premises without the written consent of the Sellers.Buyers shall not use or permit said
premises to be used for any illegal purpose.
8.LIENS. No mechanics'lien shall be imposed upon or foreclosed against the real estate described herein.
9.ADVANCEMENT BY SELLERS. If Buyers fail to pay such taxes, special assessments and insurance and effect necessary repairs,as
above agreed, Seller may, but need not, pay such taxes. special assessments, insurance and make necessary repairs, and all sums so
advanced shall be due and payable on demand or such sums so advanced may,at the election of Sellers,be added to the principal amount
due hereunder and so secured.(For Buyers'rights to make advancements,see paragraph 5 above.)
10.JOINT TENANCY IN PROCEEDS AND SECURITY RIGHTS IN REAL ESTATE. If and only if,the Sellers immediately preceding this
sale,hold the title to the above described property in joint tenancy,and such joint tenancy has not later been destroyed by operation of law or
by acts of the Sellers,this sale shall not constitute such destruction and the proceeds of this contract,and any continuing and/or recaptured
rights of Sellers in said real estate,shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common;
and Buyers,in the event of the death of one of such joint tenants,agree to pay any balance of the proceeds of this contract to the surviving
Seller(or Sellers) and to accept deed solely from him or them consistent with paragraph 14 below unless and except this paragraph is
stricken from this agreement.
11.SELLERS. Spouse, if not titleholder immediately preceding this sale,shall be presumed to have executed this instrument only for the
purpose of relinquishing all rights of dower,homestead and distributive share and/or in compliance with section 561.13 Code of Iowa;and the
use of the word "Sellers"in the printed portion of the contract,without more,shall not rebut such presumption, nor in any way enlarge or
extend the previous interest of such spouse in said property,or in the sale proceeds,nor bind such spouse except as aforesaid,to the terms
and provisions of this contract
12.TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. Failure to promptly assert rights of Sellers herein shall not,
however,be a waiver of such rights or a waiver of any existing or subsequent default.
13. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this contract(See paragraph 14)
shall be without reservation or qualification EXCEPT:(a)Zoning ordinances;(b)Such restrictive covenants as may be shown of record;(c)
Easements of record,if any;(d)As limited by paragraphs 1,2,3 and 4 of this contract;(e)Sellers shall give Special Warranty as to the period
after equitable title passes to Buyers;(f)Spouse if not titleholder,need not join in any warranties of the deed unless otherwise stipulated:
(2)
(Mineral reservations of record?)
(h)
(Liens?) (Easements not recorded?) (Interests of other parties?) (Lessees?)
14.DEED AND ABSTRACT,BILL OF SALE. If all said sums of money and interest are paid to Sellers during the life of this contract,and all
other agreements for performance by Buyers have been complied with, Sellers will execute and deliver to Buyers a General
Warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract and Sellers will at this time deliver to
Buyers an abstract showing merchantable title,in conformity with this contract.Such abstract shall begin with the government patent(unless
pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to period of abstracting)to said premises and shall
show title thereto in Sellers as of the date of this contract;or as of such earlier date if and as designated in the next sentence.This contract
supersedes the previous written offer of Buyers to buy the above described property which was accepted by Sellers on the day of
.Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers
resulting in a change of title by operation of law or otherwise.If any personal property Is a part of this agreement,then upon due performance
by Buyers, Sellers shall execute and deliver a Bill of Sale consistent with the terms of this contract Sellers shall pay all taxes on any such
personal property payable in ,and all taxes thereon payable prior thereto.
15.APPROVAL OF ABSTRACT. Buyers have not yet examined the abstract of title to this property and such abstract is not yet accepted.
16.FORFEITURE. If Buyers(a)fail to make the payments aforesaid,or any part thereof,as same become due;or(b)fail to pay the taxes or
special assessments or charges,or any part thereof,levied upon said property,or assessed against it,by any taxing body before any of such
items become delinquent or(c)fail to keep the property insured;or(d)fail to keep it in reasonable repair_as herein required;or (e)fail to
perform any of the agreements as herein made or required;then Sellers,in addition to any and all other legal and equitable remedies which
they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon
completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such
payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of sefd property,and/or as liquidated
damages for breach of this contract; and upon completion of such forfeiture, if the Buyers, or any other.person or persons shall be in
possession of said real estate or any part thereof,such party or parties in possession shall at once peacefully remove therefrom,or failing to
do so may be treated as tenants holding over,unlawfully after the expiration of a lease,and mayatxbrdagly"b9Ql6tea'and removed as such
as provided by law.
17. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the
entire balance Immediately due and payable after such notice,if any,as may be required by Chapter 654,The Code.Thereafter this contract
may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the properly and of the revenues and
income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned,and such
receiver shall be liable to account to Buyers only for the net profits,after application of rents,issues and profits from the costs and expenses
of the receivership and foreclosure and upon the contract obligation.
It is agreed that if this contract covers less than ten(10)acres of land, and in the event of the foreclosure of this contract and sale of the
property by sheriffs sale in such foreclosure proceedings,the time of one year for redemption from said sale provided by the statutes of the
State of Iowa shall be reduced to six(6)months provided the Sellers,in such action file an election to waive any deficiency judgment against
Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code.If the
redemption period is so reduced,for the first three (3)months after sale such right of redemption shall be exclusive to the Buyers,and the
time periods in Sections 628.5,628.15 and 628.16 of the Iowa Code shall be reduced to four(4)months.
It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty(60)days if all of the three
following contingencies develop:(1)The real estate is less than ten(10)acres in size;(2)the Court finds affirmatively that the said real estate
has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure;and(3)Sellers in
such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption
period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty(30)days
after such sale,and the time provided for redemption by creditors as provided in Sections 628.5,628.15 and 628.16 of the Iowa Code shall be
reduced to forty(40)days.Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is
not abandoned.Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code.This paragraph
shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code.
18.ATTORNEYS FEES. In case of any action,or in any proceedings in any Court to collect any sums payable or secured herein, or to
protect the lien or title herein of Sellers, or in any other case permitted by law in which attomey's fees may be collected from Buyers, or
imposed upon them,or upon the above described property,Buyers agree to pay reasonable attorney's fees.
19.INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal contract rate applicable to a natural person
to the other on all amounts herein as and after they become delinquent,and/or on cash reasonably advanced by either party pursuant to the
terms of this contract,as protective disbursements.
20.ASSIGNMENT. In case of the assignment of this contract by either of the parties,prompt notice shall be given to the other parties,who
shall at the time of such notice be furnished with a duplicate of such assignment by such assignors.Any such assignment shall not terminate
the liability of the assignor to perform,unless a specific release in writing is given and signed by the other party to this contract.
21. PERSONAL PROPERTY. If this contract includes the sale of any personal property,then in the event of the forfeiture or foreclosure of
this contract,such personality shall be considered indivisible with the real estate above described;and any such termination of Buyers'rights
in said real estate shall concurrently operate as the forfeiture or foredosure hereto against all such personal property.
22.CONSTRUCTION. Words and phrases herein,including acknowledgments hereof,shall be construed as in the singular or plural number,
and as masculine,feminine or neuter gender,according to the context.See paragraph 11 above,for construction of the word"Sellers."
23. RELEASE OF RIGHTS. Each of the Sellers hereby relinquishes all rights of dower, homestead and distributive share In and to the
property and waives all rights of exemption as to any of the property.
24. LEAD-BASED PAINT NOTICE. If applicable, see attached Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint
Hazard.
25. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the
provisions set forth in Paragraph A shall be deemed selected.
A. Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known
private sewage disposal systems on the property.
B. Tire Pwper ty ib*er wed by a private*ewaye dibpubai nyatcnr,ui there is a private waye diapubal byateur uu the Pruperly. Seller ar Fit
Buyer , p,ufi0u of h ivate 3rvvaye Dispusal Syateu,.
C. Seller curd Buyer agree that Erin Aral aautimr IS) exempt hurl the trite of transfer itt*pectiur requirement* by reabuu drat
26.SPECIAL PROVISIONS.
See 1 in Addendum
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 CONTRACT.
Dated: August 1 . 2010 V\k, ' G`' S\(\"
Amed A. Castro BUYERS
Dated: August 1 ! . 2010
BUYERS
Exe9i4ed in duplicate or triplicate
qA C. t« 4Lc , k _c— Cis Vo
CM I' e e is C Amed A. Castro
Michael Ta0or Me er SELLERS BUYERS
322 Rae Drive 921 Broadway Street
Evansdale,IA 50707 Waterloo,IA 50703
• SELLERS ADDRESS BUYERS ADDRESS
INDIVIDUAL NOTARY
STATE OF Iowa ,COUNTY OF Black Hawk
This instrument was acknowledged before me on .by,
-A '/ -( ) D rl
--_\
,Notary Public
o,,a to KURT R.LEISTIKOW
T Commission Number 185382
ow My Commission
Jul Expires
11
CORPORATE NOTARY
STATE OF iC1�f.--.) ,COUNTY OF
This instrument was acknowledged before me on B "31" I a ,by,
Michael Taylor
as Member
ofCMS Tnyesti etits TJ,C
,Notary Public
,,s' L9 KURT R.LEISTIK r�
Commiss(o umber 185382
ow
y July 3, 201
Addendum 1/2
1. Total purchase price of$95,000.
A.EARNEST MONEY: Earnest money in the amount of$1000.00 is being held in
Oakridge Realtor's Trust Account
B.DOWN PAYMENT: The buyer submits$15,000.00 with completion of this contract for
a total down payment of$16,000.00
C.PAYMENTS: The remaning balance owed of$79,000.00 to be paid as follows:Monthly
payments of$660.79 per month.Buyer will also pay an additional 1/12th of the taxes and
1/12th of the insurance per month,which will be allocated and placed into an escrow
account to pay the real estate taxes and insurance on the property. There will be no penalty
for extra payments. Buyer may pay any amounts over, including full prepayment at any
time,without penalty. The$79,000.00 is to be amortized over 20 years @ 8.000%.These
payments shall commence on Octob-r 6.; _:10
D. BALLOON: There will be a k-year ball on payment which will be due and payable on
the 1st day of October,2017. Any outstanding or unpaid interest, as well as all outstanding
principle shall be due and owing, if not paid earlier. There shall be no pre-payment penalty.
E. TAXES: Tax Proration:Buyer and Sellers acknowledge that Seller shall pay all of the
March, 2010 and September,2010 real estate tax installment payments. All subsequent
taxes shall be the sole responsibility of Buyer, and shall be paid out of their escrow account.
F. ESCROW: The parties agree to set up an account for the administration of the escrow
account. The Seller shall have access to this account, and shall be the sole party allowed to
make payments from said account for the payment of real estate taxes on the property,
special assessments, if any, as well as any insurance on the property. In the event the
contract is forfeited,or in the event the down payment money is not paid, as set out in
paragraph 1 above, all funds in said escrow account shall become the exclusive and sole
property of the Sellers,with no reimbursement or accounting made to Buyer for same;
However,in the event the terms of the contract are fulfilled,these monies shall be
accounted for, and shall remain the property of Buyers, subject to the use for the real estate
taxes and insurance, as set out above.
G. This commercial property is being sold"As is/Where is",with no warranties, either
expressed or implied.
H.All personal property owned by the Seller is to remain at the property with no additional
value to the property.
I. If buyer decides to use their own insurance provider, insurance coverage must be
adequate to protect Seller and Mortgage Holder as their respective interest exists.
Addendum 2/2
J.Buyer may not sell this property on contract. All remaining principal,as well as accrued
interest, late fees and returned check fees, if any,must be paid to the Seller if the property is
sold.
K. If payment is more than 10 days late,there will be a late fee of$45.00 assessed.
L.If a payment check is returned due to insufficent funds,there will be a returned check fee
of$45.00 assessed.
�.y
INDIVIDUAL NOTARY
STATE OF , COUNTY OF
The instrument was acknowledged before me on , by
, Notary Public
STATE OF , COUNTY OF
The instrument was acknowledged before me on , by
, Notary Public
CORPORATE NOTARY
STATE OF , COUNTY OF
The instrument was acknowledged before me on
by
as
of
, Notary Public
STATE OF , COUNTY OF
The instrument was acknowledged before me on
by
as
of
, Notary Public
REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name CMS Investments, LLC
Address c/o Mike Taylor, 322 Rae Drive,Evansdale, Iowa 50707 .
Number and Street or RR City,Town or P.O. State Zip
TRANSFEREE:
Name Amed A. Castro
Address 921 Broadway Street, Waterloo,IA 50703
Number end Street or RR Ltty,Town or P.U. State Lip
Address of Property Transferred:
921 Broadway Street, Waterloo, IA 50703
Number and Street or HH City,Town,or P.U. State Zip
Legal Description of Property: (Attach if necessary) Lots Nos. Twelve (12) and Thirteen(13) in Block
No.Five (5) in "Burnside" in Waterloo, Iowa.
1. Wells (check one)
There are no known wells situated on this property.
❑ There is a well or wells situated on this property. The type(s), location(s)and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
There is no known solid waste disposal site on this property.
❑ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment#1, attached to this document.
3. Hazardous Wastes (check one)
.here is no known hazardous waste on this property.
❑ There is hazardous waste on this property and information related thereto is provided in
Attachment#1, attached to this document.
4. Underground Storage Tanks (check one)
There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
❑ There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (June 26, 2009)
5. Private Burial Site (check one)
There are no known private burial sites on this property.
❑ There is a private burial site on this property. The locatfen(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. P ivate Sewage Disposal System (check one)
There are no known private sewage disposal systems on this property.
E There is a private sewage disposal system on this property. A certified inspector's report is
attached which documents the condition of the private sewage disposal system and whether
any modifications are required to conform to standards adopted by the Department of Natural
Resources. A certified inspection report must be accompanied by this form when recording.
❑ There is a private sewage disposal system on this property. Weather or other temporary
physical conditions prevent the certified inspection of the private sewage disposal system from
being conducted. The buyer has executed a binding acknowledgment with the county board of
health to conduct a certified inspection of the private sewage disposal system at the earliest
practicable time and to be responsible for any required modifications to the private sewage
disposal system as identified by the certified inspection. A copy of the binding acknowledgment
is attached to this form. When the inspection is completed, an amended Groundwater Hazard
Statement shall be recorded with the certified inspection and shall include the document
numbers of both the real estate transfer document and the original Groundwater Hazard
Statement.
❑ There is a private sewage disposal system on this property. The building to which the sewage
disposal system is connected will be demolished without being occupied. The buyer has
executed a binding acknowledgment with the county board of health to demolish the building
within an agreed upon time period. A copy of the binding acknowledgment is provided with this
form.
❑ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption: .
❑ The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECJp RE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS
��� FORM
ANVtH T THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
/ /
i
Signature: /.77icA
is Telephone No.:
�' (Transf€ror o ent) / /
ILE WITH RECORDER DNR form 542-0960 (June 26, 2009)
REAL ESTATE TRANSFER-DECLARATION OF VALUE
Please read the filing instructions BEFORE completing this form. To enter information,use the"Tab"key to move to each field.
PART I-TO BE COMPLETED BY BUYER,SELLER, OR AGENT
(Please Type or Print Legibly) Social Security No.
SELLER A, Name CMS Investments,LLC (or Federal I.D. No.) 26-0154416.
Address c/o Mike Taylor,322 Rae Drive,Evansdale.Iowa 50707
Number and Street or Rural Route City,Town or Post Office State Zip
Social Security No. ff
BUYER Name Amed A.Castro (or Federal I.D. No.) 61.05_gam_S(47 o
Address 921 Broadway Street,Waterloo.IA 50703
Number and Street or Rural Route City,Town or Post Office State Zip
Address of Property Conveyed 921 Broadway Street,Waterloo,IA 50703
Number and Street or Rural Route City,Town or Post Office State Zip
Legal Description of Property Lots Nos.Twelve(12)and Thirteen(13)in Block No.Five(5lin"Burnside"in Waterloo,Iowa.
If this is a sale of AGRICULTURAL LAND to one of the following persons or entities,please check(x)the appropriate box.
Corporation nTrust QAlien El Non-ResidentAlien QLimited Partnership
Declaration of Value Statement
1. Total Amount Paid $ 95.000.00
2. Amount Paid for Personal Property(See Instructions) $
3. Amount Paid for Real Property Only(1 minus 2) $ 95,000.00
4. Contract Sale Information-Please See Instructions
Down Payment $ 16.000.00 ®Interest Rate 8,00 %e Monthly Payment 660.79
Length of Contract 20 years® Balloon Payment Date(if applicable) 10/1/2017 p
SALES CONDITIONS: Check(X)ALL of the following that apply to this sale
I 1 Sale Between Family Members(See Instructions) I r Corporate Merger or Reorganization Purc
hase of Adjoining Land
n Fulfillment of Prior Year Contract n Exchange for Other Property('Trade") n Auction Sale
n Transfer of Partial Intere3 n Sale to/by Exempt Organization n Quit Claim Deed
n Other(Explain) ,�
I HEREBY DEC/CARE AT T JOR - Q " ONTBINED IN PART 1 OF THIS FORM IS TRUE AND CORRECT. ?6.S 1
Signaturg')--` i �'f�� Telephone Number ( lcr ) S
`' / / (Buyer R Seller OR Agent)
PART II-TO BE COMPLETED BY RECORDER
Book(or instrument Page(or instrument
Date of Instrument dentification) A identification) A.
Date of Recording City or Township
® 1Contract ® Deed County
Real Estate Transfer Tax Paid
PART III-TO BE COMPLETED BY ASSESSOR
Classification of Property (1)0Urban (2)nRural
AGRICULTURAL REALTY COMMERCIAL RESIDENTIAL
(1)El Improved Farm 0 Dwelling (1)ED Business (3)QApartment (1)pSingle-Famlly Dwlg.
(2)El Unimproved Farm (2)nOffice (4)nOther (2)nTwo-Family Dwfg.
INDUSTRIAL Story Height
(1)D Lot&Bldgs. Age of Dwelling
SALES CONDITIONS
[ 1Lot Assessed As Unplatted Land 0 Sale of Portion of Property("Split'3 0 Partial Assessment nOther(Explain Below)
sslui�
A B C D E F
E�cB`o£�r014101tiR - (For Dept.of Revenue Use Only)
NOTE:ASSESSED VALUE Assessment Data SALES RATIO
MUST BE AS OF JANUARY I, LAND BLDGS. TOTAL
OF THE YEAR IN WHICH THE
SALE OCCURRED $ A $ A $ ova
Assessor Comments
N 0 P
APPROVED BY IDR DEPARTMENT OF REVENUE
Indexes Page 1 of 1
CASTRO LUCERO,AMED DOB: 06/20/1973 SSN: 603268168 PIN: BL1435269 A
ALBERTO ZAR
Prev/NM : CASTRO LUCERO,AMED ALBERTO
01071 SRCR127881`1 0 DEFT 11/29/2004 CLOSED 708.2A(2)(B)DNU-DOMESTIC 11/28/2004 01
ABUSE ASSAULT W/O INTENT
CAUSING INJURY(SRMS)
01071 ST20900 ` 0 DEFT 08/12/2003 CLOSED 321.20B-B VIOLATION-FINANCIAL 08/08/2003 01
LIABILITY-ACCIDENT
Citation#:20900
01071WTST006433 0 DEFT 07/08/2002 CLOSED WT/3842491DNU-SAFETY BELT- 07/07/2002 01
USE REQUIRED
Citation#:006433
01071WTST006434'- 0 DEFT 07/08/2002 CLOSED WT/3842.69 DNU-PROOF OF 07/07/2002 01
INSURANCE
Citation#:006434
Page: 1
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Page 1 of 2
MARIA ARMSTRONG
From: ARIC SCHROEDER
Sent: Thursday, January 20, 2011 9:13 AM
To: SUZY SCHARES; CAROL FAILOR; MARIA ARMSTRONG; ELLA ELLIS
Subject: Alcohol License for El Mexquite Restaurant at 921 Broadway Street
How did the El Mexquite Restaurant at 921 Broadway Street get placed on the Council agenda for an
alcohol license? I don't show any record that our office has approved a"Zoning Approval of an Alcohol
Sales Use"form. Unless one has been approved by our office that I'm not aware of, this item should be
pulled from the agenda. The agreement that was worked out for alcohol licenses, is that no"new"
request will be placed on a Council agenda without zoning approval. This is the ONLY way that we can
enforce the alcohol ordinance requirements that the Council passed. I'm not sure that this site is going to
be eligible for a license. Please note the e-mail below that I sent to Ella on December 6, 2010. The site
in question was formerly a bar, and is less than 100'from a protected use, so was grandfathered in. The
problem is, as I understand it, that the El Mexquite Restaurant opened in the site and has been operating
at the site for some time with no alcohol license. A restaurant with no alcohol license is a legally
permitted use at the site. So because the legal non-conforming use was replaced with a legal use, they
can not put another non-conforming use back in there unless they are approved for a variance by the
Board of Adjustment.
The reason that the request is unique and why they may have a good chance at getting a variance, is that
if they had requested the alcohol license from the very beginning, then they would have been requesting
to replace a non-conforming use with another non-conforming use, and would have been allowed to do so
(no variance even needed). But because they operated as a restaurant with no alcohol first, they lost
their legal non-conforming status.
Please pull the request from the Council agenda and have the business owner get in contact with our
office to start the variance process. If the variance is approved, they will need to fill out a Zoning Approval
of an Alcohol Sales Use form and sign an agreement to be a limited alcohol sales use.
Thanks,
Aric Schroeder
City Planner
City of Waterloo
(319)291-4366
From: ARIC SCHROEDER
Sent: Monday, December 06, 2010 11:11 AM
To: ELLA ELLIS
Cc: NOEL ANDERSON
Subject: RE: BEER& LIQUOR APPLICATIONS
Ella.
This site may be an issue for Zoning. They may not be able to get any sort of alcohol license without
getting a variance to the requirements. I think this site formerly had a license, and to that end could you
provide me with any information regarding when this site last held a valid license for any sort of alcohol?
But, if the site closed, even if closed for less than a year, and was reopened as a non-alcohol sales use,
then any sort of"grandfather" status will likely be lost.
Regardless, they will need to fill out our form and need to stop in and talk with us. I'll try to review the site
in more detail, but I think there could be some significant issues with this site being able to get a license.
Thanks,
Aric
From: ELLA ELLIS
1/20/2011
Page 2 of 2
Sent: Monday, December 06, 2010 9:48 AM
To: TROY LUCK; STEVE JORDAN; bcorey@co.black-hawk.ia.us; Isivesind@co.black-hawk.ia.us; pgerholdt@co.black-
hawk.ia.us; cbergmeier@co.black-hawk.ia.us; ARIC SCHROEDER; Robert Greenlee; John Beckman; Joe Leibold
Subject: BEER& LIQUOR APPLICATIONS
This application has been submitted to local authority:
NEW:
El Mexquite Restaurant 921 Broadway St. Imelda Saucedo 319-961-5107 Effective 12/17/10 *
*already open and operating as a restaurant.
1/20/2011
ZONING APPROVAL OF AN ALCOHOL SALES USE
CITY OF WATERLOO COMMUNITY PLANNING AND DEVELOPMENT
715 MULBERRY STREET,WATERLOO,IOWA 50703
(319)291-4366
1.APPLICANT INFORMATION: 1
a. Business Name: El h-te-kG(Ali'Y1— Re,s-Vtaar LL C.
Site Address: C 2( Sir. Phone: 31 q 235 208O Fax:
b. Applicant's Name(please print): A r'YIedp (h C1-A-o Zcty C.CtS{-v v Luce r0
Address:. J(p $(y-}[�✓ 4ve Phone: Z. -2,D8U Fax:
City: LJCL-4-erlc2o State:T c A>cA Zip: O-7c:1 3
e. yvt e-A & 615AT //
Signature of Applicant Date
2.BUSINESS INFORMATION(information not required for sites within the"C-3"Commercial District):
The City of Waterloo Zoning Ordinance No.2479,as amended,restricts the placement of"Alcohol Sales"
uses,including zoning districts in which an alcohol sales use is permitted,if Special Permit approval is
required,minimum setback requirements from"Protected Uses"as defined by the Ordinance,and other
restrictions on the location and types of alcohol sales permitted. Alcohol sales uses are divided between those
that are not limited,and those that are limited. A non-limited alcohol sales would not restrict the amount of
alcohol that can be sold,either by percent of gross income or percent of floor space. This would include uses
such as a bar or liquor store. A"Limited Alcohol Use"is any business that derives income from alcohol sales
with more than fifty(50)percent of the gross income being derived from and more than seventy-five(75)
percent of the floor space being devoted to the sale of merchandise other than liquor,wine,beer or other
alcoholic beverage and without regard to the sale of any petroleum products. This would include such uses as
restaurant,gas station/convience store,grocery store or pharmacy. For a restaurant,more than fifty(50)
percent of the gross income must be derived from the sale of prepared food.
a. The Business will be(CHECK ONE):
_A non-limited Alcohol Sales Use(bar,liquor store,etc).
X_A Limited Alcohol Use(restaurant,gas station/convenience store,grocery store,pharmacy,etc).
(For Limited Alcohol Uses,applicant must sign an"Affidavit and Status Agreement")
b. For sites that have previously held a license by the City of Waterloo to sell alcoholic beverages:
i. What was the name of the last business that held a license: 'Wylie'
v. What was the date that the business closed: AI/ 7c)
iii. Was the business a non-limited Alcohol Sales X. or a Limited Alcohol Use (CHECK ONE)
DO NOT WRITE BELOW THIS LINE-OFFICE USE ONLY
3.ZONING INFORMATION:
a. Current Zoning: L
b. Distance to Protected Use: 9.0 /
c. Located along a Principal Arterial or Interstate(Yes or No): /0 0
d. All restrictions for an Alcohol Sales Use meet (Yes or No): ,{)0 ' If no, explain (legal non-
conforming,variance approved,\ etc.): VaJ io'.& r o. k'u,,` at(cLUal So(c s
Cres tuJeKr7 Cie + 443 A kt{e-
e. Special Permit Required(Yes or No): AJc ;If yes,date approved:
f. Fencing Required(Yes or No,if yes where): .4/0
Please Note: Signature of the Zoning Official below indicates that the proposed Alcohol Sales Use is it
compliance with Zoning Ordinance requirements for an Alcohol Sales Use as of the date indicated below, anc
based on the information provided on this form. Any change to the information provided shall nullify this
approval.
/Signature of Zoning Official Date
(AFFIDAVIT AND STATUS AGREEMENT
I/We, �t1 1T�11-0U Zev (usfrd-Loco✓c) , under penalty of perjury pursuant
to the laws of the State of Iowa, certify to the truthfulness and accuracy of the
representations below, and further, intending to be bound and to bind my/our heirs,
personal representatives, successors, assigns and future owners of the property and/or
business, do hereby make the promises set forth below:
1. Reference is made to City of Waterloo Zoning Ordinance No. 2479, adopted
February 3, 1969, and to Ordinance No. 4976, adopted November 23, 2009, which
amended the zoning ordinance to create additional restrictions for businesses with
alcohol-related sales. n
2. I/We own or lease real property at 'Z?/ f�SG"cY(dt4A , Waterloo, Iowa
and execute this instrument in connection with the establishment or confirmation of
a"limited alcohol use"(as defined in Ordinance No. 4976) at that property.
3. I/We own and operate or are proposing to own and operate a limited alcohol use at
said property, said use being a restaurant, which use will comply with the
requirement that for a restaurant, more than fifty (50) percent of its gross income
shall be derived from the sale of prepared food. I/We agree to provide adequate
documentation of the business's gross revenues upon the request of the City of
Waterloo as provided in Ordinance No.4976.
4. I/We understand and agree that said limited alcohol use shall continue to meet the
gross income restrictions of the zoning ordinance, as amended, and that failure to
comply with the terms of this Affidavit and Status Agreement shall be deemed a
violation of the City of Waterloo Zoning Ordinance and will be subject to the
penalties and enforcement provisions thereof, and said failure shall constitute
grounds for the revocation of any license or permit for the sale or dispensing of
alcoholic beverages.
I/m om- fin✓ CA-StmiTi [ 04 /- //
Owner/Lease Holder Signature Date
Owner/Lease Holder Signature Date
CITY ACKNOWLEDGMENT
The Planning and Zoning Department of the City of Waterloo, Iowa, in reliance on the
representations set forth above, hereby acknowledges as of the date hereof that the
site in question meets all requirement of the Zoning Ordinance, including the alcohol
sales provisions amendment adopted by Ordinance No. 4976, for the establishment of
a limited alcohol sales use as defined by the Zoning Ordinance, or is a "legal non-
conforming" use for purposes of the alcohol sales provisions of the Zoning Ordinance.
By:
Title: Gc
Date: -102371(
Wells Fargo Money Market Savings
Account number: 671232882 ■ August 3,2010-September 1,2010 ■ Page 1 of 3
Questions?
AMED A CASTRO Available by phone 24 hours a day, 7 days a week:
216 BUTLER AVE 1-800-TO-WELLS (1-800-869-3557)
WATERLOO IA 50703-5154 TTY:1-800-877-4833
En espanol: 1-877-727-2932 TTY:1-888-355-6052
o 1-800-288-2288 (8 am to 7 pm PT,M-F)
Online: wellsfargo.com
Write: Wells Fargo Bank,N.A.(001)
666 Walnut Street
Des Moines,IA 50309
You and Wells Fargo
Set,plan and monitor your savings goals more easily with My Savings Plan,our free online money management tool.Once you have a
Wells Fargo savings account,enroll in or log on to Online Banking,click Account Summary then Create Savings Plan to get started.
With you when you want to keep your spending on track
Check I= Your Wells Fargo Checking Package'with free online tools like My Spending Report with Budget Watch
lets you automatically view an organized summary of your spending so you can manage and budget
wisely.Meet with us,callus at 1-800-WFB-OPEN,or visit wellsfargo.com to learn more today.
Activity summary Account number. 671232882
Beginning balance on 8/3 $38,965.52 AMED A CASTRO
Deposits/Additions 1.54 Iowa account terms and conditions apply
Withdrawals/Subtractions - 16,233.50 For Direct Deposit and Automatic Payments use
Ending balance on 9)1 $22,733.56 Routing Number(RTN): 073000228
Interest summary
Interest paid this statement $1.54
Average collected balance $37,515.15
Annual percentage yield earned 0.05%
Interest earned this statement period $1.54
Interest paid this year $10.22
(1)Ins=1
Sheet Seq=0000875
Sheet 00001 of 00003
xs✓ 1
Account number 671232882 ■ August 3,2010-September 1,2010 • Page 2 of 3
WELLS
FUGO
7
Transaction history
Deposits/ Withdrawals/ Ending daily
Date Description Additions Subtractions balance
8/20 Withdrawal Made In A Branch/Store 1,004.00 37,961.52
8/31 Withdrawal Made In A Branch/Store 15,221.50
8/31 Withdrawal Made In A Branch/Store 8.00 22,732.02
9/1 Interest Payment 1.54 22,733.56
Ending balance on 9/1 22,733.56
Totals $1.54 $16,233.50
The Ending Daily Balance does not reflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your
transactions posted. If you had insufficient available funds when a transaction posted,fees may have been assessed.
Sheet Seq=000067e
Sheet 00002 of D0003
Account number. 6759340851 ■ November 5,2010-November 30,2010 • Page 2 of 3
WL+L-t•S
FARGO':
Transaction history (continued)
Check Deposits! Withdrawals/ Ending daily
Date Number Description Credits Debits balance
11/12 POS Purchase-11/11 Mach ID 000000 Wal-Mart#1496 Waterloo 20.68
IA 1060 0552042?McC=5411
11/12 POS Purchase-11/11 Math ID 000000 Michucana Meat/ 16.65 967.49
Waterloo IA 1060 00300316026683300?McC=5422
11/15 POS Purchase-11/13 Mach ID 000000 Kwik Star#723 Waterloo 43.66 923.83
IA 1060 00300318127827055?McC=5541
11/17 POS Purchase-11/17 Mach ID 000000 Sam's Club Waterloo IA 73.27 850.56
1060 0612906?McC=5300
11/16 Deposit Made In A Branch/Store 170.00 1,020.56
11/26 POS Purchase-11/26 Mach ID 000000 Sam's Club Waterloo IA 102.38 918.18
1060 0448137?McC=5300
11/30 POS Purchase-11/30 Mach ID 000000 Samsdub#6514 Waterloo 108.50 809.68
IA 1060 0545394?McC=5300
Ending balance on 11/30 809.68
Totals $1,270.00 $460.32
The Ending Daily Balance does not reflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your
transactions posted. If you had insufficient available funds when a transaction posted,fees may have been assessed.
Account transaction fees summary
Units Excess Service charge per Total service
Service charge description Units used included units excess units(.8) charge($)
Cash Deposited(6) 1,200 5,000 0 0.002 0.00
Paid and Deposited Items 1 150 0 0.50 0.00
Total service charges - $0.00
Thank you for opening your Wells Fargo Business Services Package account.We hope that this product offers you additional
convenience to manage your finances more easily,greater value that will save you money and time,and the flexibility to choose the
products and services you need,when you need them.
In order to ensure you are satisfied with your account,Wells Fargo will be waiving the Monthly Service Fee for three months.To learn
how you can continue to have the Monthly Service Fee waived following the three month waiver,consult your Fee and Information
Schedule,contact your banker or call the National Business Banking Center at the number located on the top of your statement.
Advantage Business Package Checking WELLS
Account number 6759340851 • November 5,2010-November 30,2010 ■ Page 1 of 3 FARGO
Questions?
EL MEXQUITE RESTAURANT, LLC Available by phone 24 hours a day,7 days a week:
921 BROADWAY ST 1-800-CALL-WELLS (1-800-225-5935)
WATERLOO IA 50703-5815 77Y:1-800-877-4833
En espanol: 1-877-337-7454
Online: wellsfargo.com/biz
Write: Wets Fargo Bank NA.(D01)
666 Walnut Street
Des Moines,IA 50309
Your Business and Wells Fargo Account options
Wells Fargo offers business owners a full-service payroll solution with payroll A check mark in the box indicates you have these convenient
processing,reporting,and tax services.That means you can spend less time services with your account. Go to wellsfargo.com/6iz or call
working in your business and more time growing your business.And now,enjoy the number above if you have questions or if you would like
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banking leader.For more information,visit wellsfargo.com/biz/payroli or call us at Business Online Banking Q
1-800-421-4714. Rewards for Business Check Card
Online Statements
Business Bill Pay
Business Spending Report E✓
Overdraft Protection
Activity summary Account number. 6759340851
Beginning balance on 11/5 $0.00 EL MEXQUITE RESTAURANT,LLC
Deposits/Credits 1,270.00 Iowa account terms and conditions apply
Withdrawals/Debits - 460.32 For Direct Deposit and Automatic Payments use
Ending balance on 11/30 $809.66 Routing Number(RTN): 0730D0228
For Wre Transfers use
Average ledger balance this period $997.98 Routing Number(RTN): 121000248
Overdraft Protection
Your account is linked to the following for Overdraft Protection:
• Savings - 000006759345058
Transaction history
Check Deposits/ Withdrawals/ Ending daily
Date Number Description Credits Debits balance
11/5 Checking Opening Deposit 1,100.00 1,100.00
11/12 POS Purchase-11/11 Mach ID 000000 Samsdub#5514 Waterloo 95.18
IA 1060 0378035?McC=5300
11)
Sheet Seq=0009272
Sheet 00001 of 00002
BALL, KIRK HOLM, BC.
ATTORNEYS AT LAW
Max E.Kirk 3324 KIMBALL AVENUE
BK H.Daniel Holm,Jr. P.O. BOX 2696
David W.Stamp WATERLOO, IOWA 50704-2696
Michael W.Buckner TELEPHONE: (319) 234-1638
&H Jennifer L Chase FACSIMILE: (319) 234-2237
William C.Ball E-MAIL:bkh@ballkirkholm.com
Retired
Mr. Amed Castro
216 Butler Avenue
Waterloo, IA 50703 WC SETTLEMENT
RECOVERY: $ 46,432.80
LESS: Litigation Expenses(Attached) $ 2,926.38
NET RECOVERY: $ 43,506.42
LESS: Attorney Fees $ 14,502.14
TOTAL TO CLIENT: $ 29,004.28
I acknowledge receipt of a check representing my portion of the recovery,the funds of which will
be available per the attached letter.
I understand that my file will be destroyed in five (5)years.
Amed Castro
Dated:
Witness:
Complete Advantage® Checking .
Account number:6759339754 ✓ January 15,2011 -February 14,2011 ® Page 1 of 4 FA
p•
DCD411DTC5 003077
IIItP111111lrhrllfnlrlllllhllllIIIIII IPP11lllllll4rnn Questions?
B. AMED A CASTRO Available by phone 24 hours a day,7 days a week:
216 BUTLER AVE 1-e00-TO-WELLS (1-800-869-3557)
WATERLOO IA 50703-5154 77Y: 1-800-877-4833
En espanol: 1-877-727-2932 TTY.•1-888-355-6052
0 1-800-288-2288 (8 am to 7 pm PT,M-F)
Online:wellsfargo.com
Write: Wells Fargo Bank,NA(001)
666 Walnut Street
Des Moines,IA 50309 0
0
0
You and Wails Fargo Account options 81
At Wells Fargo,we are committed to doing what's right for our customers based Acheck mark in the box indicates you have these o
on their changing needs.That's why we periodically meet with our customers to convenient services with your account. Go to g
ensure they have the right accounts and services for their financial needs.Visit a wellsfargo.com orcal/ he number above z
banker today and request a financial review.
questions orifyouwouldliketoaddnewservices. z
z
Online Banking 0 Direct Deposit Elz
Online Bill Pay EI Overdraft Protection QJ Z
Online Statements 0 Rewards Program ❑ z
z
Mobile Banking ❑ Auto Transfer/Payment Q z
My Spending Report QJ z
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With a Wells Fargo Cash Back'Credit Card,you can automatically apply your cash back earnings
toward an eligible Wells Fargo checking,savings,personal loan,or home equity account.To learn
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Activity s 9®ii8k89ary Account number. 6759339754
Beginning balance on 1/15 $9.20 AMED A CASTRO
Deposits/Additions 394.16 Iowa account terns and conditions apply
Withdrawals/Subtractions - 209.26 For Direct Deposit and Automatic Payments use
Ending balance on 2/14 $194.10 Routing Number(RTN): 073000228
Account number:6759339754 ® January 15,2011 -February 14,2011 El Page 2 of 4 .)
i
� ¢t ;
Overdraft Protection
Your account is linked to the following for Overdraft Protection:
SI Savings - 000000671232882
interest summary
Interest paid this statement $0.00
Average collected balance $82.96
Annual percentage yield earned 0.00%
Interest earned this statement period $0.00
Interest paid this year $0.00
Total interest paid in 2010 $0.00
Transaction history
Check Deposits/ Withdrawals/ Ending daily
Date Number Description Additions Subtractions balance
1/18 Bkcd Processing Bkcd Depst 201101 274700075407 El Mexquite 37.22 46.42
Restaurant
-
1/20 Bkcd Processing Bkcd Depst 201101 274700075907 El Mexquite 27.50 73.92
Restaurant
1/26 Bkcd Processing Bkcd Depst 201101 274700075907 El Mexquite 41.84 115.76
Restaurant _
1/31 Recurring Transfer Ref#Opexdfjvjzto Savings xn. '882 75.00 40.76
2/1 Northern Leasing Lease Pmt 020111.1809443:0201 El Mexquite 47.34
Restaurant
2/1 Northern Leasing Lease Pmt 020111 1814113:0201 El Mexquite 26.14
Restaurant •
2/1 Overdraft Protection From 671232882 42.72
•
2/1 Savings Overdra_ftTransfer Fee 10.00
211 _ __ State Sales Tax 0.70 -0.70
2/2 Bkcd Processing Bkcd M Dsc 201102 274700075907 El Mexquite 39.38
Restaurant
•
2/2 Overdraft Protection From 671232882 50.08
2/2 Savings Overdraft Transfer Fee _ 10.00
212 State Sales fax 0.70 -0.70
2/7 Bkcd Processing Bkcd Depst 201102 274700075907 El Mexquite 127.79 127.09
Restaurant _
_
2/9 Bkcd Processing Bkcd Depst 201102 274700075907 El Mexquite 60.96 - • 188.05
Restaurant
2/14 Bkcd Processing Bkcd Depst 201102 274700075907 El Mexquite - 6.05 194.10
Restaurant
Ending balance on 2/14 194.10
Totals $394.16 $209.26
The Ending Daily Balance does not reflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your
transactions posted. If you had insufficient available funds when a transaction posted,fees may have been assessed.
Read the latest updates about the integration efforts under way between Wells Fargo and Wachovia.Visit
wellsfargo.com/wachovia/news.
Help save trees!Switch to free Online Statements today!
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CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: Februa 23 201
Dept. Head Signature:
# of Attachments: 1
SUBJECT: CHANGE ORDER NO. 1 FOR RIVERVIEW RECREATION AREA PARKING
LOT AND FENCING IMPROVEMENTS ,CoA 'F No•-18•9
Submitted by: Paul Huting, Director, Leisure Services
Recommended City Council Action: Request City Council approve and authorize the Mayor to
sign Change Order No. 1, which is a deduction in the amount of$2,189.50 for various work
being done by Peterson Contractors, Inc. of Waterloo Iowa for the 2010 Riverview Recreation
Area Off-Highway Vehicle (OHV) Park, Parking Lot and Fencing Improvements.
Summary Statement: See attachment
Expenditure Required: Original $78,657.00
Change Order 1 ($ 2,189.50)
Final $76,467.50
Source of Funds: Change Order No. 1 is a decrease of$2,189.50 from approved $78,657.00
project cost.
Policy Issue
Alternative
Background Information: Original Contract approved and signed June 14, 2010.
1
CHANGE ORDER NO. 1
Owner: City of Waterloo,Iowa Date: January 17,2011
Project: FY 2010 Riverview Recreation Area Off-Highway Vehicle(OHV)Park,Parking Lot and Fencing Improvements
Owner's Contract No.: 789 Contractor: Peterson Contractors,Inc.
Date of Contract Start: 7/1/10 $ 78,657.00
You are directed to make the following changes in the Contract Documents. Description:
Increase/Decrease Change Order for Project Close-Out-Quantity Adjustments(See Attachment)
Reason for Change Order:
Increase/Decrease Change Order for Project Close-Out
CONTRACT PRICE CONTRACT TIMES(Calendar Days)
To Substantial To Final
Completion Completion
August 15,2010
Original: $ 78,657.00 Original: August 15,2010 (40 WDs)
Previous C.O.s(ADD/DEDUCT): $ 0.00 Previous C.O.s(ADD/DEDUCT):
This C.O.(A-BB/DEDUCT): $ (2,189.50) This C.O.(ADD/DEDUCT): — —
Contract Price With All Approved
Change Orders: $ 76,467.50 REVISED: -- --
Revised Completion Date: -- --
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered herein,including all impact,delays,and
acceleration costs. Other than the dollar amount and time allowance listed above,there shall be no further time or dollar compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT'AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO
RECOMME .sn//J /////j r/
By: L�/�( er a Ne i!44e V $/1
• A,EC Date
•
ACCEPTED.\ "'�T -- 1 f l
By: G a tit ' /l- l l
Peterson Contractors,Inc. Date
APPROVED:
By:
Owner(Authorized Signature) Date
AECOM
112548 1
Project No. Change Order No.
L:lwork ADMIN\TRNSCR\MISC\SAV E\CO1-RIvRec-OHV.doc
CITY OF WATERLOO
Council Communication
City Council Meeting: February
28, 2011
Prepared: February 231;,().
Dept. Head Signature
# of Attachments:
SUBJECT: 2010 RIVERVIEW RECREATION AREA OFF-HIGHWAY VEHICLE(OHV)
PARK PARKING LOT AND FENCING IMPROVEMENTS toitrk.cf No .'7rq
Submitted by: Paul Huting, Director, Leisure Services
Recommended City Council Action: To request the City Council accept Completion of Project
and Recommendation of Acceptance for the 2010 RIVERVIEW RECREATION AREA OFF-
HIGHWAY VEHICLE (OHV) PARK PARKING LOT AND FENCING IMPROVEMENTS
Waterloo IA. Work completed by Peterson Contractors, Inc. of Waterloo, Iowa.
Summary Statement: Final Contract Amt $76,467.50
Expenditure Required
Source of Funds: All costs to be reimbursed by Trail Blazers Off Road Club
Policy Issue
Alternative
Background Information: Original contract approved by council and signed June 14, 2010.
RESOLUTION NO. 2011-138
RESOLUTION APPROVING THE RECOMMENDATION OF
ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED
BY PETERSON CONTRACTORS, INC. OF REINBECK,
IOWA, IN CONJUNCTION WITH THE F.Y. 2010
RIVERVIEW RECREATION AREA OFF-HIGHWAY VEHICLE
(OHV) PARK PARKING LOT AND FENCING
IMPROVEMENTS, CONTRACT NO. 789, AND ACCEPTING
THE WORK.
WHEREAS, that Peterson Contractors, Inc. of Reinbeck, Iowa,
has under contract with the City of Waterloo, Iowa, furnished
certain materials and performed labor at a total cost of
$76, 467 . 50 in conjunction with the F. Y. 2010 Riverview Recreation
Area Off-Highway Vehicle (OHV) Park Parking Lot and Fencing
Improvements, Contract No. 789, in the City of Waterloo, Iowa.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Certificate of Completion and Recommendation of
Acceptance be and the same hereby approved.
PASSED AND ADOPTED this 28th day of February, 2011.
Quentin Hart, Mayor Pro em
ATTEST:
Suzy Sc ares, MCA
City Cl rk
CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 18, 2011
Dept. Head Signature: Daniel J. Trelka
# of Attachments:
SUBJECT: IA Governor's Traffic Safety Bureau (GTSB) Alcohol-Impaired Driving
Incentive Grant (410): application request
Submitted by: Daniel J. Trelka, Director of Safety Services
Recommended City Council Action: Requesting Council permission to apply for GTSB 410
grant funding for impaired driving enforcement. The application process is being done
electronically this year.
Summary Statement: This application is for funds associated with overtime for OWI
arrests and other alcohol-related offenses. We are also applying for monies to
purchase equipment, materials and for training expenses related to impaired driving.
The contract period would be October 1, 2011 through September 30, 2012
Expenditure Required: No grant match monies apply.
Source of Funds
Policy Issue
Alternative
Background Information:
RESOLUTION NO. 2011-139
RESOLUTION APPROVING APPLICATION WITH IOWA
GOVERNOR' S TRAFFIC SAFETY BUREAU (GTSB) FOR
ALCOHOL-IMPAIRED DRIVING INCENTIVE GRANT AND
DIRECTING EXECUTION OF SAID APPLICATION BY
MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the application dated February 28, 2011, for an Alcohol-
Impaired Driving Incentive Grant (410) to be used for overtime
for OWI arrests and other alcohol-related offenses, and for the
purchase of equipment, materials and training expenses related to
impaired driving, by and between Iowa Governor' s Traffic Safety
Bureau (GTSB) 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 28th day of February, 2011 .
Quentin Hart, Mayor Pro Tem
ATTEST:
•
zy Sc s, CMC
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 22, 2011
Dept. Head Signature: Sandie Greco
# of Attachments: 1
SUBJECT: Request for approval to install one speed hump in the vicinity of
141 Easton Avenue.
Submitted by: Sandie Greco, Traffic Operations Superintendent
Recommended City Council Action: Resolution approving the speed hump installation request.
Summary Statement
A speed study indicated an 85th percentile speed of 33 mph, however, the pace speed was 25-
34 MPH. Appropriate coordination with Engineering Department has been done.
Expenditure Required
The estimated cost is $2.500.
Source of Funds
G.O. Bond
Policy Issue
Alternative
Background Information: Traffic Operations Department receives many speeding complaints
and/or petitions for speed humps. A follow up speed study of the subject location of a complaint
or a petition is done. Based on the results of the speed study and the characteristics of the
particular location a speed hump might be recommended.
RESOLUTION NO. 2011-140
RESOLUTION APPROVING INSTALLATION OF A SPEED
HUMP IN THE VICINITY OF 141 EASTON AVENUE IN
THE CITY OF WATERLOO, IOWA.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the installation of a speed hump in the vicinity of 141
Easton Avenue in the City of Waterloo, be and the same is hereby
approved, and Sign and Traffic staff authorized to install said
speed hump.
PASSED AND ADOPTED this 28th day of February, 2011 .
Quentin Hart, Mayor Pro Tem
ATTEST:
uzy Schres, CMC
City Clerk
_1, �i� CITY OF WATERLOO , IOWA
_ COMMUNITY PLANNING AND DEVELOPMENT
�d Ohm 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
PTO \ NOEL C.ANDERSON,Community Planning&Development Director
Council Communication
Mayor City Council Meeting: Februar 2 1
BUCK
CLARK Prepared: February 22, 2011
Dept. Head Signature: - _f
COUNCIL # of Attachments:
MEMBERS
SUBJECT:Approval of Tank Cleaning Contract with Enviromark Waste
Management Services, of Davenport Iowa in the amount of$12,062.00 located at
ONES DAVI
the former Chamberlain Manufacturing Property.
Ward I
Submitted by: Noel Anderson-Community Planning& Development Director
CAROLYN
COLE
Ward 2 Recommended City Council Action:To approve Tank Cleaning Contract with
Enviromark Waste Management Services, of Davenport Iowa in the amount of
IGIEARY D $12,062.00 located at the former Chamberlain Manufacturing Property.
Ward 3
QUENTIN Summary Statement: There are two (2) 125,000-gallon fuel oil tanks remaining on
HART the site that must be appropriately salvaging.
Ward A ppropriatel cleaned before salva in . It is estimated that there
is a total of 2,000 gallons of#3 fuel oil between the two tanks. Once the tanks are
RON cleaned Enviromark will issue the City a "Clean Tank" certificate for each tank.
WELd PER One clean up of the tanks is completed, the tanks can be sold for scrap to a local
salvage yard.
BOB
GREENWOOD Expenditure Required: $12,062.00 dollars
At-Large
STEVE Source of Funds: The cleanup activities of the two (2) tanks will undertaken by the
SCHMITT City of Waterloo using Iowa Brownfield Grant funds.
At-Large
Policy Issue: Chamberlain Demolition and Redevelopment
Alternative: N/A
Background Information: The objective of this EPA Brownfield's Cleanup Project
is to make the former Chamberlain Site available for redevelopment as open space.
The former Chamberlain Site is located at 550 Esther Street. The Site occupies
approximately 22 acres and is topographically flat. The property has a manufacturing
history dating back to the early 1900s. Chamberlain Manufacturing Company
ceased operations in the early 1990's. The site was sold for warehousing in 1996.
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
III
An Equal Opportunity/Affirmative Action Employer
The City of Waterloo took ownership of the property in December 2005 after completing
Phase I and II environmental assessments. After the conclusion of the Phase II,
Supplemental Phase II and Baseline Monitoring, the former site owner and operator,
Chamberlain Manufacturing, has agreed to voluntarily complete most of the remaining
cleanup and investigation of the site, with the exception of the asbestos cleanup and
demolition of above ground buildings
cc:NOEL C.ANDERSON,Community Planning&Development Director
EN IRQMARK
Industrial•Environmental Waste Management Services
February 3, 2011 Estimate: 10086
Chris Western
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Mr. Western:
Enviromark Corporation is pleased to submit to you this cost estimate for cleaning (2) 125,000 gallon
above ground storage tanks located at the former Chamberlain facility. Enviromark will provide all
labor, equipment, materials, supplies, insurance and supervision necessary to perform this project.
Enviromark understands that this work will be completed within a confined space area.
Enviromark's project scope includes removing portions of the secondary containment to provide
access to the tank, venting the tank, cutting an access way into the side of the tank, removing any
residual sludge/product, and triple rinsing the tank interiors. All collected product and wash water will
be transported to Enviromark's facility for proper disposal management. Enviromark's estimate is
based on the understanding the tank is of single-walled construction. Should the tank be of other
construction (double walled, insulated, or other), Enviromark will contact the Client for direction and
will not proceed until approval by Client is received. It is Enviromark's understanding that disposal of
secondary containment material is not part of the scope of work. Upon completion Enviromark will
issue clean tank certificates for each tank.
Enviromark estimates that this project will be completed within twelve (12) hours of on-site work time
and four (4) hours of mobilization time. Enviromark plans to complete the project scope within forty
five (45) days from date of award. These rates are reflective of Enviromark Corporation's straight time
hourly rates and will be adjusted to fit your actual project needs. Please feel free to contact me with
any questions or concerns that you may have.
Scope of Work:
1. Mobilization $ 1,912.00
2. Equipment $ 4,110.00
3. Labor $ 2,040.00
4. Supplies/PPE $ 710.00
5. Per Diem $ 390.00
6. Disposal (estimated 2,000 gallons#3 fuel oil @ 0.85/gal
and 300 gallons sludge @ $4/gallon) $ 2,900.00
Estimate cost $ 12,062.00
7301 Vine Street Court
Davenport, IA 52806
Phone: (563) 388-9100
Fax: (563) 388-1515
EN JiOMARK
Industrial•Environmental Waste Management Services
Enviromark appreciates the opportunity to submit this cost estimate to you. After reviewing, please
indicate your acceptance, if so desired, in the space provided below and fax to (563)388-1515. I look
forward to hearing from you. Should you have any questions, please feel free to contact me at (563)
388-9100.
GENERAL TERMS:
PAYMENT FOR SERVICES
Client shall pay Enviromark for the services provided pursuant hereto within thirty(30)days from receipt of
invoice. Any amounts not paid within thirty(30)days shall accrue interest at the rate of one and one-half
percent per month, or the highest lawful interest rate in the state in which the Client's office is located,
whichever is higher.
LIMITATION OF LIABILITY
Client hereby agrees to limit Enviromark's liability on the project, such that the total aggregate liability of
Enviromark shall not exceed the amount of services paid by the client to Enviromark. In no event shall
Enviromark be liable for indirect, consequential, special, speculative or remote damages.
INDEMNIFICATION
The client shall indemnify, defend and hold harmless Enviromark from and against any and all claims, losses or
damages, including attorney's fees, arising from or related to the project, except to the extent that claims, losses
or damages arise from the negligent acts of Enviromark.
In the event that you accept the terms and conditions set forth in this quote, please indicate your acceptance in
the space provided below and return one copy of the proposal to us for our files. This quotation is valid for
thirty days from date above. We look forward to hearing from you in the future regarding this quote, and if you
have any questions don't hesitate to phone our office.
Sincerely,
a.k.t � Z
Accepted by:
Shane Seeley Title:
Project Manager
ENVIROMARK CORPORATION Date:
7301 Vine Street Court
Davenport,L4 52806
Phone: (563)388-9100
Fax: (563)388-1515
*` h
•
a.
o-"
A`Y p
gat, i4h -
RESOLUTION NO. 2011-141
RESOLUTION APPROVING TANK CLEANING CONTRACT
AT THE FORMER CHAMBERLAIN MANUFACTURING
PROPERTY WITH ENVIROMARK WASTE MANAGEMENT
SERVICES OF DAVENPORT, IOWA.
WHEREAS, Enviromark Waste Management Services of Davenport,
Iowa has submitted a Proposal with cost estimate for cleaning two
(2) 125, 000 gallon above-ground storage tanks located at the
former Chamberlain Manufacturing property, and
WHEREAS, once the tanks are cleaned Enviromark will issue
the City a "Clean Tank" certificate for each tank, wherein the
tanks can be sold for scrap to a local salvage yard, and
WHEREAS, the cleanup activities will be undertaken by the
City of Waterloo using Iowa Brownfield Grant funds, at a cost not
to exceed $12, 062 . 00, and
WHEREAS, the objective of the EPA Brownfield' s Cleanup
Project is to make the former Chamberlain Site available for
redevelopment as open space.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that it is deemed advisable and necessary and it
is so ordered on motion by this Council that the said Proposal be
approved.
PASSED AND ADOPTED this 28th day of February, 2011 .
Quentin Hart, Mayor Pro Tem
ATTEST:
:31-54es, CM
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 18, 2011
Dept. Head Signature: Bradley Hagen
#of Attachments: 1
SUBJECT: Approval of Change Order #1 for a net increase of$5,754 for work performed by
Prairie Construction of Waterloo, Iowa in conjunction with T-hangar door replacement project at
Waterloo Regional Airport..
Submitted by: Bradley Hagen,Airport Director
Recommended City Council Action: Approval of Change Order #1 for a net increase of$5,754
for work performed by Prairie Construction of Waterloo, Iowa in conjunction with T-hangar door
replacement project at Waterloo Regional Airport.
Summary Statement
Expenditure Required: $5,754
Source of Funds: 100%grant - IDOT Vertical Infrastructure Grant(I-Jobs).
Policy Issue
Alternative
Background Information: Council approved a contract between City of Waterloo, through
Waterloo Regional Airport, and Prairie Construction of Waterloo, IA. on April 14, 2010. The
original contract was $146,850. With this proposed change order#1 ($5,754) the original contract
is increased by 3.92%. This change order is to add a structural support beam in a hangar and to
mill existing asphalt in front of hangar doors. This additional scope of work was not identified in
the original contract. The hangar doors are approximately 35 years old and in need of
replacement. This is the only grant funding available to improve hangars.
Z�V MM AECOM 319.232.6531 tel
/'7 501 Sycamore Street 319.232.0271 fax
Suite 222
Waterloo,Iowa 50703
www.aecom.corn
February 18, 2011
Mr. Bradley Hagen, ME
Director of Aviation
Waterloo Regional Airport
2790 Livingston Lane
Waterloo, Iowa 50703
Subject: Waterloo Regional Airport
Vertical Infrastructure
Replace T-Hangar Doors, Hangar A and Hangar B
Waterloo, Iowa
AECOM #60146113
Dear Mr. Hagen:
Transmitted herewith, for Airport Board and City Council consideration, are five (5) copies of Change Order
No. 1 for the above-mentioned project. This change order increases the total contract amount by $5,754.
This change order provides for the following items:
• Stiffening of existing truss on hangar building in addition to providing flat plane in line with columns
for installation of hangar doors.
• Grinding of existing asphalt adjacent to Hangar No. 15.
We have reviewed this change order, find it to be fair and reasonable, and recommend approval.
Please return three(3)fully-executed copies to our office for distribution.
If you have any questions or comments, please contact our office at your convenience.
Yours sincerely,it)
'Qtd.tig_
Douglas W. Schindel, .E.
Enclosures: As Noted
c: Mr. Steve Eaton (w/enclosures)
T/L/bh HangarsA-BCo1.docx
RESOLUTION NO. 2011-142
RESOLUTION PRELIMINARILY APPROVING THE
SPECIFICATIONS, BID DOCUMENT, FORM OF
CONTRACT, ESTIMATE OF COST, ETC. , IN
CONJUNCTION WITH THE PURCHASE OF ONE (1)
NEW ELGIN PELICAN STREET SWEEPER.
WHEREAS, the City Council of the City of Waterloo, Iowa,
heretofore instructed the Superintendent of Central Garage of
said City to prepare proposed specifications, bid document, form
of contract, estimate of cost, etc. , in conjunction with the
Purchase of One (1) New Elgin Pelican Street Sweeper, in the City
of Waterloo, Iowa, and
WHEREAS, said Superintendent of Central Garage did file said
specifications, bid document, form of contract, estimate of cost,
etc. , in conjunction with the Purchase of One (1) New Elgin
Pelican Street Sweeper.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that said proposed specifications, bid document,
form of contract, estimate of cost, etc. , in conjunction the
Purchase of One (1) New Elgin Pelican Street Sweeper, in the City
of Waterloo, Iowa, be, and the same are hereby, preliminarily
approved as filed.
PASSED AND ADOPTED this 28th day of February, 2011 .
CJ ..
Quentin Hart, Mayor Pro Tem
ATTEST:
y Sc a es, CMC
City Cler
RESOLUTION NO. 2011-143
RESOLUTION FIXING THE TIME AND PLACE OF
HEARING ON PROPOSED SPECIFICATIONS, BID
DOCUMENT, FORM OF CONTRACT, ETC. , IN
CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW
ELGIN PELICAN STREET SWEEPER, IN THE CITY OF
WATERLOO AS MARCH 14, 2011, AT 5 : 30 P.M. AT
CITY HALL COUNCIL CHAMBERS, WITH THE TAKING
OF BIDS THEREFORE, AND INSTRUCTING THE CITY
CLERK TO PUBLISH THE NOTICE OF HEARING.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
AS FOLLOWS:
Section 1 . That the Council of the City of Waterloo, Iowa,
shall meet at the City Hall Council Chambers in the City of
Waterloo, Iowa, at 5 : 30 p.m. on the 14th day of March, 2011, for
the purpose of holding a public hearing on proposed
specifications, bid document, form of contract, etc. , in
conjunction with the Purchase of One (1) New Elgin Pelican Street
Sweeper, 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 28th day of February, 2011 .
Q.Y. ,
Quentin Hart, Mayor Pro Tem
ATTEST:
Sch res, CMC
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: February 28, 2011
Prepared: February 22, 2011
Dept. Head Signature:
# Of Attachments: 3
SUBJECT: Change order#9 for Fire Station #2
Submitted by: Craig Clark Building Official & Maintenance Admin.
Recommended City Council Action: Approval
Summary Statement Cost to install carpet, opticom work and paint apparatus bay
Expenditure Required 12,336.50
Source of Funds
Policy Issue
Alternative
Background Information: The total contract amount and timeframe for this project are
not affected by the changes.
transmittal S T '" T U f E ,,AT
;00
ARCHITECTS ❑ESMOINES
To: City of Waterloo Date: 2/8/2011
Attn: Carol Pallor
715 Mulberry Street
Waterloo, IA 50703
New Fire Station #2 for the City of
From: Jaymi Shores Re: Waterloo, IA #08068
For Your: x Approval ❑ Record 0 Distribution ❑ Review&Comment
The Following: ❑Drawings 0 Shop Drawings ❑ Specifications x Other
Items Transmitted:
NO. DATE DESCRIPTION
G-9 02/02/11 Change Order
Message:
Please review, sign and date all (3) copies of the enclosed Change Order(s).
Retain the "Owner" copy for your records.
Return the "Architect" and "Contractor" copies to our office for further processing.
Thank you.
Copies To: With Enclosure:
314 E 4th Street • Waterloo,Iowa 50703-4704 •Tel:319.234.1515 • Fax:319.234.1517
CITY OF WATERLOO
= 3/14 jt
Council Communication
City Council Meeting: March 14, 2011
Prepared: Februa 21 20 1
Dept. Head Signatur . �
# of Attachments:
SUBJECT: Request to set date of hearing and notice of public hearing for the purchase
of one (1) new Elgin Pelican Street Sweeper for the Street Department
Submitted by: Mark Rice, Central Garage Superintendent
Recommended City Council Action: Approval
Summary Statement: Programmed Street Sweeper Replacement
Expenditure Required: Estimated Cost: $166,750
Source of Funds: 410-19-7100-2117
Policy Issue: NA
Alternative: NA
Background Information: We have had the ability to test a number of different types and styles
of sweepers and vacuum trucks and find the Elgin 3-Wheel continues to perform best for our
specific needs. Due to the regional sales structure within Elgin, it will not be possible to seek
competitive bids for a like model sweeper. I am requesting authorization to purchase this
sweeper through the Minnesota state bid, which will result in an estimated 2-3%savings versus
factory direct.
_� ��� CITY OF WATERLOO , IOWA
/Lir E\ CITY HALL
715 MULBERRY STREET 50703
�
dterloo `O� Today's Date: 12/9/2010
Effective Date: 2/17/2011
Employment Date: 1/12/2010
To: City Council Members
Re: Notice of Severance
Department Building Inspections
Job Title/Classification Building Official/Maintenance Administrator
This is to report that the employment of Debra Anderson
with the City of Waterloo has been severed by reason of: ❑ Retired
Disability Related ❑ No ❑ Yes
❑ Resigned
O Termination 11/19/10
❑ 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 21 $ 35.66 $ 748.86
Vacation-Current 155 $ 35.66 $ 5,527.30
Usable Sick Leave 36.5 $ 35.66 (x)25% $ 325.40
Frozen Sick Leave (x) $ -
Personal Hours 24 $ 35.66 $ 855.84
Comp Time Pay $ -
Unscheduled Leave $ -
Other Pay $
Total Payment!' $ 7,457.40
Comments: Paid through 2/17/11 based on 90 day severance notice in non-bargaining fringe benefits manual.
Usable Sick-64 earned, used 27.50 hours. Personal time-32 hours remaining, max allowed to be paid is 24 hours.
•
,.9.414/
Approved by / Date Cg/I Z ///
Human Resources C �:� — Date ��?—l/I
Routing: ((JJ
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: ( goo 0 AS/400 Status/Accruals 0 1-9
i I''
_ -' 1-. CITY OF WATERLOO , IOWA
`��1���\'�1"' CITY HALL • 715 MULBERRY STREET 50703
i�1'-T�//�
%r�00 `O Today's Date: 2/8/2011
Effective Date: 1/31/2011
Employment Date: 4/7/1980
To: City Council Members
Re: Notice of Severance
Department STREET
Job Title/Classification EQUIPMENT OPERATOR 1
This is to report that the employment of STEVEN CROOK
with the City of Waterloo has been severed by reason of:
❑ Retired
Disability Related El No ❑ Yes
❑ Resigned
❑ Termination
❑ Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Benefits I Total Hours II(x)Hourly Rate II II Total Payout
Vacation-Accrued 17.05 $ 20.95 $ 357.20
Vacation-Current 72 $ 20.95
$ 1,508.40
Usable Sick Leave 8 $ 20.95 (x)25% $ 41.90
Frozen Sick Leave 502 $ 20.95 60% $ 6,3/0./4
Personal Hours
Comp Time Pay 32.63 $ 20.95 $ 683.60
Unscheduled Leave J $
Other Pay $
Total PaymentII $ 8,901.241
Comments:
Approved by `'n
�J( Date A/ ‘ci/ t k.
Human Resources / `. ��t`
,���III Date
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: 9 (I
❑ AS/400 Status/Accruals ❑ 1-9
WATERLOO PUBLIC LIBRARY—Board of Trustees—January 10,2011
Submitted by Kim Chapman
Members present: Troyce Vich, Alex Crouse, Sue Smith, Karol Erdmann
Members absent: Jan Hahn
Others present: Kim Chapman, Lori Petersen,Amy Heth,Sheryl McGovern, Nick Rossman, Carolyn
Sallis, Kelly Stern
The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President
Sue Smith at 12:01 p.m.
Moved by Vich, seconded by Crouse, to approve the agenda as amended by changing Xl. Next Meeting
Date,A.January 10, 2011,to February 14, 2011. Motion carried.
Moved by Crouse,seconded by Vich, to approve the November 8, 2010, minutes as submitted. Motion
carried.
The financial reports and bills were reviewed. It was noted quarterly brochures will be emailed to those
it can;thus, not as many will be printed, reducing expenses in the printing line item. Moved by Crouse,
seconded by Vich,to approve payment of the bills. Motion carried.
The December statistics were not available, but will be reflected on next month's report.
Director's Report
• IUPLA Statistics Report—IUPLA(Iowa Urban Public Library Association)statistics were reviewed and
discussed. Sheryl noted that WPL trails some of its peers in some categories, including per capita
rates and financial support.
• Annual Report and Letter to Council—as required by City Ordinance,an Annual Report was
prepared, and Sheryl distributed it to the City Council along with a letter addressed to the Council.
• Second Floor Remodel Funds and Plans—a plan for remodeling and rearranging the second floor has
been worked on and studied by the staff for quite some time for these three areas: 1) moving public
internet computer stations, and including new furniture, to a different corner; 2) placing AV
materials, including new display units, at the top of the stairs on second floor where the public
internet stations now reside; 3) redecorating the teen area, including heavy plastic strips for
sectioning it off. The building official would be consulted regarding heating and cooling of that area.
Sue Smith gave Alex background on the ME&V study from a few years ago.
• Teacher's Card—Kelly distributed figures regarding the number of teacher units filled and the
amount of books checked out on teacher cards for the past calendar year. Currently teacher cards
have a six week check-out period with no renewals and no fines; a personal card has a three week
check-out period with one three-week renewal and will be assessed fines. There is no official policy
on limiting teacher cards to Waterloo Schools teachers, or allowing a teacher card to be issued and
used by teachers from surrounding area schools. Regardless of the decision,Sheryl would like to see
a written policy. The Youth Department will present policies for a vote at next month's meeting.
• Miscellaneous—the shared director evaluation should be completed by the first of April. Karol and
Alex have agreed to serve on the evaluation committee; Cedar Falls Board members serving on the
committee include Lynn Blair-Broeker, Don Richardson, and Rick Tagtow. The WPL Board will head
the committee.
Jeff Siebel of the City's building maintenance department, and who cares for our building, has
discovered the City's CIP money designated for third floor carpeting is still available. Jeff will begin
working on replacing the carpet. No money will be used from the library budget.
Informational Reports from Staff
• Lori Petersen,Technical Services-100 e-books have been added to the collection; materials have
been added to the state database;getting ready for the RFID conversion with lots of withdrawing.
• Kelly Stern,Youth Librarian—there was good attendance at the Holiday Hoopla and Puppet Palooza
event in December where kids made an edible craft and saw a puppet show; Lego Lab @ the Library
will be the first Sunday of each month, except for summer months, from 3-4 pm, creations will be on
display in the youth department.
• Amy Heth,Volunteer Coordinator and Marketing—the FOL Buck-a-Bag Sale will take place February
12 and 13; February is Library Lovers Month, there are a "bazillion" romance novels to sell; February
is Black History Month, and Carolyn has planned several events.
• Nick Rossman, Circulation and Teen—looking forward to the RFID conversion project;there was not
a great turn-out for the teen winter break activities/gaming event.
• Cheryl Scholl, CWA—the staff expresses appreciation for the reserve parking spots.
• Kim Chapman, Business Office—nothing to report.
Referred for Board Action
• Proposed Electronic Equipment Tracking Policy—moved by Crouse, seconded by Erdmann to accept
and approve the proposed policy as presented. Motion carried.
• Days Closed: 2011—moved by Erdmann, seconded by Crouse to close the library as holidays on
Veterans Day, November 11, 2011, and the day following Thanksgiving, November 25, 2011. Motion
carried.
• Mary Catherine Scully Donation to FOL—the Friends have received a $10,000 gift from the Scully
Estate and have given it to the Library. Moved by Vich, seconded by Crouse to accept the donation
for use in purchasing materials. Motion carried.
• Extension of Shared Director Contract—moved by Vich, seconded by Erdmann to extend the shared
director contract. Motion carried.
• Disposition of Charlotte Swanger Bequest—WPL is one of the beneficiaries of the Charlotte Swanger
Estate. A decision must be made whether to accept the bequest as mutual funds or as cash.
Currently it is invested. To cash it out will be roughly$24,000. Sheryl has been asked to check with
the City Attorney on specifics and return next month with details. No action taken.
• Gilbertville Contract—after discussion, moved by Vich, seconded by Erdmann to continue the
contract for library service with Gilbertville at the same rate as FY11. Motion carried.
• Amnesty Period for Library Lovers Promotion (1 item =$2.00 in fines)—in celebration of Library
Lovers Month, a canned food drive proposed for the Northeast Iowa Food Bank during a one week
period of February 13-20 when one can or one non-perishable food item would go towards$2 for
overdue fines. Discussion followed with several ideas brought forward. Moved by Erdmann,
seconded by Crouse to hold fine amnesty where one item equals$2 towards overdue fines. Motion
carried.
• Alcohol Policy—the City does carry liability, which does cover wine, beer and alcohol. Moved by
Vich, seconded by Crouse to approve the Alcohol Policy as presented in packets. Motion carried.
Special Order of Business
• Bid Opening for RFID Conversion Project—five bids received,opened by Sue Smith:
o ITG proposes$93,358.28
o 3M proposes$105,170.00
o Demco proposes$150,220.80
o Bibliotecha proposed $105,175.00
o Envisionware proposes prices per different pieces of the project with no total supplied
Labor/Management Communications—the December 16, 2010, meeting notes were included in the
packets.
New Business—Karol Erdmann asked if the library has a periodic energy audit, noting the large gap at
the bottom of the side garage door. Sheryl will bring it to Jeff's attention and will check with the
building maintenance department regarding arranging an audit.
FOL Liaison—Troyce Vich reported the Friends book sale will be held February 12 and 13.
The next meeting will be February 14, 2011. Moved by Vich, seconded by Crouse,to adjourn at 1:16
pm. Motion carried.
0-444VIA
CITY OF WATERLOO , IOWA
HUMAN RESOURCES DEPARTMENT
620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569
ROBERT C.STRINGER • Human Resources Director
February 18,2011
Mayor TO: Honorable Mayor& City Council
BUCK
CLARK
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
COUNCIL Commission for the appointment to the position of Equipment Operator I for the City of
MEMBERS Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next
year(February 18 2011 —February 17,2012).
DAVID
JONES
Ward I CERTIFIED LIST
Scott Paeper
CAROLYN Debbie Ernst
COLE Michael Yerkes
Ward 2
Chad McNamara
HAROLD Michael Hackbarth
GETTY Robert Decker
Ward 3 Larry McNamara
QUENTIN Kenneth Rieves
HART Chris Leet
Ward 4 Brian Uthe
RON
WELPER The reserve list shall be held in reserve and must be certified within the first year in order to
Wards be utilized.
BOB RESERVE LIST
GREENWOOD Gary Wentz
At-Large Jay Millett
STEVE Russell Myers
so-nun' Dave Rutledge
At-Large Clint Olmstead
Mike Skillings
Craig Gorman
Jeff Sharkey
Respectfully submitted,
�� ��Tim Luce Date John Blitsch ate
Bonetta Culp Date
CS LIST EQUIPMENT OPERtrI}
IIWEBSITE:www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
%0I��, CITY OF WATERLOO , IOWA
qT 191,9
HUMAN RESOURCES DEPARTMENT
�df \�34 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319)291-4589
QrIU� ROBERT C.STRINGER • Human Resources Director
February 18,2011
Mayor
BUCK
CLARK
COUNCIL TO: Honorable Mayor& City Council
MEMBERS
We,the members of the Civil Service Commission, certify the following list of applicants, who
DAVID are eligible, based upon the examination process as set forth by the Civil Service Commission
ONES for the appointment to the position of Park Maintenance IV-Electrician for the City of
Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for
CAROLYN the next year(February 18,2011 —February 17,2012).
COLE
Ward 2
CERTIFIED LIST
HAROLD Joseph Boyle
GETTY
Ward 3 Todd Heinrich
Matt Delagardelle
QUENTIN Gary Sadler
HART Merlin Kruse
Ward 4
Matthew Schuster
RON
WELPER
Ward S
BOB
GREENWOOD
At-Large
Respectfully submitted,
STEVE
SCHMITT
At-Large
C ia> _ I /
Tim Luce Date /John Blitsch a° e
•
ai��,
Bonetta Culp Date
CS LIST PARK MAINTENANCE IV-ELECTRICIAN 11
CITY WEBSITE:www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Al h►, 'bTY OF WATERLOO , IOWA
HUMAN RESOURCES DEPARTMENT
m......� v....� 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569
t''erloo ROBERT C.STRINGER • Human Resources Director
February 18,2011
Mayor
BUCK
CLARK
COUNCIL TO: Honorable Mayor&City Council
MEMBERS
We, the members of the Civil Service Commission,certify the following list of applicants,who
DAVID are eligible, based upon the examination process as set forth by the Civil Service Commission
ONES for the appointment to the position of Operations Supervisor for the City of Waterloo, Iowa
Ward I
Street Department. Appointment(s) shall be made from this list for the next year(February 18,
CAROLYN 2011 —February 17,2012).
COLE
Ward CF,RTIFIF.D LIST
HAROLD Scott Clement
GETTY Tony Pauley
Ward 3
QUENTIN
HART
Ward 4
RON
WELPER
Wards Respectfully submitted,
BOB
GREENWOOD
At-Large
Tim Luce Date ohn Blitsch ate
STEVE
SCHMITT
At-Large /y c=2
Bonetta Culp CO Date
CS LIST OPERATIONS SUPERVISOR 11
CITY WEBSITE:www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal OpportunIty/Affirmative Action Employer
4.
WATERLOO COMMISSION ON HUMAN RIGHTS
MONTHLY MEETING
Thursday,January 13, 2011, 4:00 p.m.
HUMAN RIGHTS CONFERENCE ROOM
4:00 P.M. —5:00 P.M.
Call to Order
Commissioner Rhonda McRina called the meeting to order at 4:04 p.m. on Thursday, January
13, 2011.
Roll Call
Rhonda McRina, Dustin Cox, Steve Buckles, Sulejman Dizdarevic, Beth Huffman, Sharina
Sallis, Ricardo Uranga, Jr.,Ron Wood
Excused Absence: Sulejman Dizdarevic
Unexcused Absence: None
Staff Present
Abraham Funchess, Shelly Kruger
Others Present
Police Chief, Dan Trelka
Oral Presentation from the Public:
None
Approval of Agenda
Motioned by Commissioner Sallis and 2nd by Commissioner Cox to accept the agenda.
Approval of Minutes
Motioned by Commissioner Sallis and 2nd by Commissioner Cox to accept the minutes.
Tracking Data by Police Chief Dan Trelka
Regarding use of force incidents, since December 14, 2010,the taser was used on absolutely
nobody. There were, however, 7 displays of the taser. Crime and violence is down in Waterloo
8.75%and armed robberies are down more than 50%. In the past 90 days there have been 12
Internal Affairs reports generated. Out of those 12, 3 of the officers were exonerated.
Exonerated meaning they were found, in essence,not guilty. 4 of the 12 officers were sustained
which means they were, in essence, found guilty. Punishment ranged from the most severe being
resignation in lew of termination to suspension without pay to discipline being less than
suspension. The remaining 5 are currently active.
•
A motion was made by Commissioner Buckles and 2"d by Commissioner Huffman to move the
oral presentation from the public down towards the bottom for the duration of the meeting.
Approval of Revenue & Expense Reports
Motioned by Commissioner Uranga, Jr. and 2nd by Commissioner Sallis to accept the December
reports.
Commission Management
December 10th Domestic Violence Collaboration, Clothing Drive
December 10th was International Human Rights Day. We collaborated with Seeds of Hope and
Mt. Carmel Missionary Baptist Church to bring awareness to the problem of domestic violence
and sexual assault in the Cedar Valley. There were about 30 participants, including the Mayor, in
attendance. We also used this day to kick off our clothing drive.
Saturday,January 15th,Award Ceremony, THE MEETING
We're asking that everyone help in putting the word out about"The Meeting"this Saturday
night, January 15, 2011. Tickets are $20 regardless of age. The program is divided into 2 parts.
The first part is primarily sponsored by Jubilee United Methodist Church itself and is an award
ceremony recognizing 6 pastors. The second part is the theatrical performance "The Meeting."
Thursday,January 20th, Cedar Valley Citizens for Undoing Racism Open House
Thursday, January 20th there will be an open house at Jubilee Resource Center for Citizens for
Undoing Racism. They're now using the book"The New Jim Crow: Mass Incarceration in the
Age of Colorblindness"as a discussion point.
WCHR Commission Recruitment
We just wanted to bring it to your attention that it's time to examine the commissioner's terms.
February 2011 —Alexander Clark Movie Project Presentations
The Executive Director is working on bringing Joseph Cassis to town during African American
history month to look at the merits of the Alexander Clark movie project.
Ron Wood was present at 4:54 p.m.
Executive Director's Report
The Executive Director Report was made available.
Other
Staff Reports
Reports were made available
Commissioners Reports
Planning & Zoning
None
Other
None
Adjournment
Motioned by Commissioner Huffman and 2nd by Commissioner Sallis to adjourn. The meeting
was concluded at 5:08 p.m.
Next meeting: Thursday, February 10, 2011 @ 4:00 p.m.
1 NORTHEAST IOWA RESPONSE GROUP
1I\ _ 425 East Third
I Waterloo, Iowa 50703
Phone 800-291-4682 • Fax 319-291-4285
(�11 email: hmrtc@waterloo-ia.org
f
Allamakee
Black Hawk
Bremer
Butler
Chickasaw
Grundy
Hardin Northeast Iowa Response Group
Howard Meeting Minutes
Poweshiek January 6, 2011
Tama
Winneshiek
Mike Jenn Waterloo Fire Rescue
Jim Johnson Hardin County
Lyle Jeske Hardin County
Kip Ladage Bremer County EMA
Lode Glover Black Hawk County EMA
Bruce Goetsch Winneshiek County EMA
Rick Holthaus Chickasaw County
Josh Heller WFR
Chris Heerkes Grundy County EMA
Ken Rasing Chickasaw County EMA
John Miller Black Hawk County
Barbara Smith Grundy County
Chris Dahlstrom Allamakee EMA
Lonnie Pierce Winneshiek County
Tim Neil Bremer County
Dave Jensson WFR
Mike Schipper WFR
Kendall Jordan Tama County
Darrel Knecht Howard County EMA
Meeting called to order at 1:03 p.m.
Roll Call taken.
Motion made by Winneshiek, seconded by Grundy to approve the minutes from the last
meeting. Motion Carried.
Motion made by Black Hawk County to allow Jim Johnson (Hardin County) to sign
checks in the absence of Chief Carter. Chickasaw seconded. Motion Carried.
Northeast Iowa Response Group
Page 2 — January 6, 2011
Meeting Minutes
Motion was made by Allamakee to approve the Treasurer's Report. Seconded by
Winneshiek. Motion Carried.
Motion made by Black Hawk to approve the Agenda as written. Seconded by Grundy,
Motion Carried.
The next meeting of the Northeast Iowa Response Group will be at 1:00 p.m. at the
Hazardous Materials Regional Training Center, 1925 Newell Street, Waterloo, IA
on March 3, 2011.
Motion made by Chickasaw, seconded by Howard to approve bills for payment. Motion
carried.
Unfinished Business
1. Training Update — January 18 and 19 will be WMD training in Des Moines. There
will be five team members attending. Josh Heller stated that there would be
charges of$240.00 for backfill.
Allamakee made motion to allow for training with costs not to exceed $2000.00.
Winneshiek seconded. Motion Carried.
Mike Schipper filled the group in on two conferences he's been looking into. The
first would be in Chicago at approximately $920.00 for 2 people, $1710 for 4
people. Registration would have to be made before April 1, 2011.
The second conference is in Baltimore. This is the same conference a number of
team members have attended in the past. The cost for this would be
approximately $2000.00 for 2 people and $3900.00 for 4 people.
The group requested he bring back more information for the March meeting.
2. Equipment Update —the PID is back. There may be more equipment in a couple
of weeks.
3. Grant Update —All is going well. Received $49,838.79 for planning and
$17,949.19 for Training.
Northeast Iowa Response Group
Page 3 — January 6, 2011
Meeting Minutes
New Business
1. Changes at Waterloo Fire — Chief Mike Jenn attended the meeting and explained
Mayor Clark's proposed change in Public Safety for the City of Waterloo. He
explained the Doug Carter has been reassigned and that there will be an internal
fill of a new position of Assistant Chief within the department. At the present time
the effect will be at an administrative level only. There should be more
information available by the March meeting.
2. Haz Mat Incidents — No incidents
Allamakee discussed a hog confinement fire with onsite burial of carcasses.
Bremer Hydrochlean — diesel at General Machine —fuel truck was struck.
Allamakee discussed chicken manure truck overturned. DNR called it a
hazardous material — billing is going through truck company.
3. Equipment— Request was made for a charger bank for the 2nd bank on semi.
Winneshiek made motion to approve spending up to $150.00 for 2nd charger,
wire and extension cords. Allamakee seconded. Motion Carried.
Request was made for approval of the bids for physicals from Covenant. Motion
made by Black Hawk to approve the new bid at $1159 per person. Seconded by
Chickasaw. Motion Carried.
Motion made by Howard county to adjourn the meeting. Seconded by Allamakee.
Motion Carried. Meeting adjourned at 1:59 p.m.
MINUTES
COMMUNITY DEVELOPMENT BOARD MEETING
January 11, 2011
The regular meeting of the Community Development Board was held in the City Council Chambers, 715
Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:30 p.m. on Tuesday,
January 11,2011.
Members present: Kenneth Adderley, Gary Rankin, Bob Reisinger, Jeri Thomsberry and Chairman Eric
Johnson.
Members absent: Amber Boyd and Mickye Johnson.
Also present: Rudy Jones, Community Development Director;Noel Anderson, Community Planning&
Development Director; Steve Schmitt, Council Liaison; David Jones, Council member; Nancy Gulick,
Community Development Coordinator; Ann Northey, Administrative Secretary; Perry Goodman,
Neighborhood Services Coordinator; Patricia King, Eye of the Needle; and Tim Jamison, Waterloo/Cedar
Falls Courier.
A. APPROVAL OF THE AGENDA.
Chairman Johnson indicated Board packets were mailed out and asked for additions or changes to the
agenda.
It was moved by Bob Reisinger and seconded by Kenneth Adderley to approve the Agenda as mailed.
Motion carried.
B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON DECEMBER 21,2010.
It was moved by Bob Reisinger and seconded by Gary Rankin to approve the minutes for the
December 21,2010 meeting. Motion carried.
At this time Rudy Jones introduced Geraldine "Jeri"Thomsberry and welcomed her as the newest member
of the Community Development Board. Ms. Thomsberry was appointed by the City Council on January
10, 2011 to complete the term vacated by the resignation of Anesa Kajtazovic and will serve through
March 1, 2013.
Ms. Thomsberry then shared her work experience and expressed interest in serving on the Board. All
Board members and staff introduced themselves and noted their term of service.
C. OLD BUSINESS:
1. Multi-Family Rental Housing Funds Update—Round 2.
Chairman Johnson indicated this item has been on hold for several months awaiting a decision from the
State on the award status for this funding.
Rudy Jones reported that three proposals were originally submitted for review. Two proposals were
actually accepted and sent in to the State for review and approval. Our first choice was the proposal from
Brad and Ben Stroh and the second choice was the proposal from DuWayne Wessels. The Stroh proposal
was under scrutiny as we requested a waiver for a possible conflict of interest, due to the fact that the
Minutes
January 11,2011
Page 2
Strohs' father,Bernie Stroh,was a member of this Board. It has taken months for us to receive approval
and release of the waiver so that the proposal submitted by Ben and Brad Stroh for a 32-unit development
of Multi-Family Rental Housing can begin on Flammang Drive. Rudy noted we will provide a formal
contract and hope to start this project in the Spring.
Chairman Johnson explained the application process to Ms. Thornsberry, and noted a subcommittee picked
the Stroh project as our favored project. Board member,Bernie Stroh did not participate in any of the
subcommittee meetings,however it was decided it might be a possible conflict of interest with his presence
on the Board. Bernie Stroh resigned from the Board immediately and we submitted our request for a
waiver. We have been waiting months for this confirmation. Now that we have the approval of the Stroh
project,we are excited to see this move forward. The Chairman noted that no action is required from the
Board at this time.
Gary Rankin inquired if there will be another round of funding for Multi-Family Rental units.
Rudy Jones said he has no further information. The State may be pulling dollars from this source for single
family units.
D. NEW BUSINESS:
1. Endorse Rehabilitation Contracts for December 2010. (Report attached.)
Rudy Jones explained that staff is currently finishing up the flood recovery activities and we are
moving back into our single family, lead remediation projects. We are strongly urging staff to ratchet up
our rehabilitation program for this year. Rudy noted our newest staff member is currently working to
acquire his required certifications, so it may take a few months to get into full swing again with the
rehabilitation program staff.
Gary Rankin inquired about the status of homeowner participation on loans through the rehabilitation
program.
Rudy Jones indicated he has a goal of July 1st , stating several banks are willing to assist us with this
process.
Chairman Johnson indicated these are grants for low-income homeowners in the community. Some
homeowners require 100%assistance,however, some homeowners may be able to pay 50%of the
rehabilitation cost and we would pay 50%of the cost. This would help us leverage the funds to make a
bigger impact in the community as we have 700+names on our waiting list. The Chairman noted a big
issue in the past has been the administration of these loans.
It was moved by Gary Rankin and seconded by Bob Reisinger to endorse the Rehabilitation
Contracts for December 2010 as presented. Motion carried.
2. Five-Year Update on CDBG and HOME Accomplishments.
Chairman Johnson referred to the worksheet detailing the accomplishments for the last five years in CDBG
and HOME funding.
Rudy Jones indicated that in funding year 2013 there could be some reductions in allocations,therefore,
entitlement cities were asked to report the progress and impact of these funds in their communities.
Minutes
January 11, 2011
Page 3
Nancy Gulick reported she would be taking this information to Washington, D.C. when she meets with
congressional staff next week.
The Chairman questioned the percentages used and some of the bullet points with negative results for jobs
created and economic development.
Following considerable discussion between Board and staff members it was decided a new report would be
prepared for submission to the congressional staff. Nancy confirmed this report was requested by the
National Community Development Association for each entitlement city in order to make comparisons
nationwide to be presented to Congress.
Board members suggested the five-year dates be added to the report to confirm the timeframe.
3. National Community Development Week.
Rudy Jones stated that National Community Development week is approaching and this is a time to
showcase our activities and promote our projects. He noted staff will be working on a presentation for the
end of April.
E. DISCUSSION ITEMS:
1. Update on new hire, Rehabilitation/Rehabilitation/Relocation Specialist Position.
Rudy indicated Matthew Chesmore has been hired and will be receiving some of his certifications and
training yet this month.
Chairman Johnson inquired if the lead grant is lost, how would this effect the position?
Rudy Jones stated this should not impact this position, however we would take more of these dollars from
Rehabilitation Administrative funds instead of the Lead allocation.
Nancy Gulick stated we have always had two rehabilitation specialists and one rehab manager. The first
lead grant we received we hired an extra rehabilitation specialist to work with the program. We did not do
that for the second grant because the current rehabilitation manager was hired to be a working manager,
who would also do individual rehabilitation projects.
F. ADJOURN MEETING
With no further business to come before the Board, the Chairman adjourned the meeting.
Respectfully submitted,
Kenneth Adderley, Secretary
§ . . . . . --
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MINUTES
COMMUNITY DEVELOPMENT BOARD
PUBLIC HEARING FOR CITIZEN INPUT
FY2012 CDBG and HOME PROGRAM
January 11,2011
Chairman Eric Johnson called the public hearing to order at 5:00 p.m. in the City Council
Chambers, 715 Mulberry Street, Waterloo, Iowa. The Chairman stated the purpose of the
hearing is to gain citizen input into the application process for FY2012 CDBG and HOME
Program funding. The Chairman welcomed participants to the meeting, and indicated the Board
members have copies of all applications before them.
Board Members present: Kenneth Adderley, Gary Rankin, Bob Reisinger, Jeri Thornsberry and
Chairman Eric Johnson.
Board Members absent: Amber Boyd and Mickye Johnson.
Also present: Steve Schmitt, City Council Liaison;Rudy Jones, Community Development
Director;Nancy Gulick, Community Development Coordinator;Noel Anderson, Community
Planning&Development Director;Ann Northey, Administrative Secretary;Perry Goodman,
Neighborhood Services Coordinator; Patricia King, Eye of the Needle; Barb Prather, Northeast
Iowa Food Bank; and Tim Jamison, Waterloo/Cedar Falls Courier.
A. APPROVAL OF AGENDA
It was moved by Bob Reisinger and seconded by Gary Rankin to approve the agenda as
mailed. Motion carried.
B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION
FOR NOTICE OF PUBLIC HEARING
Chairman Johnson indicated a copy of the display ad published in the Waterloo/Cedar Falls
Courier on Sunday, January 2, 2011 announcing the public hearing was included on the back of
the printed agenda. The Chairman noted the hearing process was advertised in many different
formats during the past few months and asked Rudy Jones to explain.
Rudy noted advertisements were submitted to the Waterloo Courier numerous times. We also
posted on the City of Waterloo's website and the Community Development website. Notices
were sent in the Neighborhood Services newsletters. We also held a public forum to kick off the
process early November.
It was moved by Kenneth Adderley and seconded by Gary Rankin to approve and place on
file the affidavit for the notice published in the Waterloo Courier. Motion carried.
C. OPEN PUBLIC HEARING
It was moved by Bob Reisinger and seconded by Gary Rankin to open the public hearing.
Motion carried.
yt _ _
Minutes
January 11, 2011
Page 2
Chairman Johnson gave a few introductory comments, noting the Board received requests that
out number the funds we anticipate receiving for the fiscal year. The past year was funded at 1.5
million and our requests this year total approximately 2.5 million in CDBG funds, so there will
be some trimming of requests. The Chairman stated that a portion of this allocation is utilized
to provide administrative costs for the staff. He also noted the HOME funds we anticipate are
approximately$450,000 this year and there are requests close to $600,000.
Chairman Johnson addressed the audience and stated this is a point in time whereby anyone who
submitted a request can provide additional information or answer questions from the Board.
The Board will be reviewing each request in detail. Following today's public hearing there will
be additional meetings of the Board's Subcommittee. The Subcommittee will ultimately make a
recommendation to the full Board at the February 15th public hearing, at which time applicants
may address the Board to further discuss their application. Once the Board makes a final
recommendation it will be published for a 30-day comment period. Then in early April,the
recommendation will go before the City Council for their final decision prior to submission to
HUD.
At this time the Chairman opened the hearing for comments and asked participants to identify
themselves at the microphone, stating their name, address and project request. The Chairman
reminded participants that each application would be read and noted there was no necessity to
read applications to the Board. He indicated the subcommittee might be contacting applicants
for additional information during the review process.
Perry Goodman,Neighborhood Services Coordinator for the City of Waterloo Neighborhood
Services Department,thanked the Board for past CDBG funding and inquired if there were
questions concerning his application. There were no questions.
Patricia King,representing Eye of the Needle, indicated her application was for the same amount
she requested last year. Ms. King stated their program has tripled from last year's request and
many agencies have been referring clients to them. They are hoping to receive additional
support this year for this program.
Chairman Johnson stated that last year the funding was utilized rather quickly.
Ms. King responded that they served people from the floods,people from other programs,people
from domestic abuse, and many people who lost their jobs.
Jeri Thornsberry inquired how the program tripled over the past year.
Ms. King explained the basic needs provided for many flood victims and many individuals
moved into the area with no resources.
Bob Reisinger asked Ms. King to explain their transportation program.
s
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Minutes
January 11, 2011
Page 3
Ms. King responded that they basically provide transportation for persons who work, but have no
vehicle. There are others that may provide for their uniforms for work. Ms. King stated they
provide bus tickets until their clients receive their first paycheck. We also provide bus tickets
for doctor appointments and other appointments and bus tickets and coupons for those needing
transportation to attend school.
Barb Prather,Northeast Iowa Food Bank indicated their project is in the 3`d year for their Capital
Campaign and thanked the Board for funding the past two years.
Gary Rankin inquired on the status of their fund raising efforts.
Ms. Prather indicated they have raised almost$4.2 million and indicated some other funding
sources are being considered to hopefully reach$5 million.
Chairman Johnson asked for further comments from the public. No further comments were
received.
D. CLOSE PUBLIC HEARING
The Chairman called for a motion to close the hearing.
It was moved by Gary Rankin and seconded by Bob Reisinger to close the public hearing.
Motion carried.
E. MOTION TO PUBLISH INITIAL SUBCOMMITTEE RECOMMENDATIONS ON
FEBRUARY 6,2011 PRIOR TO NEXT HEARING ON FEBRUARY 15,2011.
Chairman Johnson explained the subcommittee has met once and will be meeting again next
week. An initial recommendation for the use of CDBG and HOME funding will be made to the
Board at the meeting on February 15th. We are required to publish the recommendations so
applicants know what is being recommended and they will be given an opportunity to respond at
the next hearing.
It was moved by Kenneth Adderley and seconded by Gary Rankin to publish the
subcommittee recommendation for the use of CDBG and HOME Program funding on
February 6,2011 prior to the next hearing scheduled for February 15, 2011. Motion
carried.
F. ADJOURN
Chairman Johnson thanked everyone for attending and with no further business adjourned the
meeting.
Respectfully submitted,
Kenneth Adderley, Secretary
273
At the regular meeting of the Board of Waterloo Water Works Trustees,
held Wednesday, February 16, 2011, there were present Terry Kuntz, Chairman Pro-
Tern, and Rodger Burris, Trustee. Also in attendance: Steve Scharfenberg, Assistant
General Manager, and Dennis Clark, General Manager and Secretary.
Chairman Pro-Tem Terry Kuntz called the meeting to order at 8:00 a.m.
The Board approved to adopt the agenda.
The minutes of the regular meeting of January 19, 2011 were approved
as read.
Upon motion, passed, the following Bills Resolution was adopted.
BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY
OF WATERLOO, IOWA:
That the bills listed below for which warrants against the funds
designated, have been issued in payment, are found to be correct, and the acts of the
Secretary in issuing and delivering said warrants are hereby ratified and approved.
JANUARY 31, 2011
GENERAL FUND
43588 Sam Annis & Company Propane for thawing hydrants 9.35
43589 Black Hawk Waste Disposal Waste disposal 94.00
43590 City of Waterloo Semi-annual balance of sewer and 11,159.00
garbage deposits
43591 Frickson Backhoe & Water main repair at W. 4th and W. 5,913.00
Trucking Ridgeway
43592 Iowa Public Employees IPERS for 11 employees 7,788.60
Retirement System
43593 Dick's Sporting Goods, Inc. Refunded overpayment on bill due 1,181.41
to wrong reading
43594 Mindy Edgar M. D. & U. D. refund 41.38
43595 Justin Dale 60.50
43596 Tiffany Byrd " It
it
1.59
43597 Contrell Burt " " 37.69
43598 Dan Knebel " It
20.17
43599 Franklin S. Deans It
" " If
46.00
43600 The Great American Cookie M. D. refund 22.87
43601 Lewis System of Iowa, Inc. Armored car service 234.76
43602 Mark Morgan Reimbursement for uniform cost 20.00
43603 Qwest Service 315.95
43604 Charles Schwab Institutional Litigation refund payment to 36.22
pension fund
43605 United Parcel Service Shipping charge for pave box 29.62
wand repair
43606 Van Wert, Inc. Meter reading service 3,750.60
43607 Collection Services Center Authorized payroll deduction for 370.53
child support
43608 Cedar Valley United Way Authorized payroll deduction for 150.00
United Way
43609 ING Life Insurance Authorized payroll deduction for 3,012.00
deferred compensation
43610 Lincoln Financial Group Authorized payroll deduction for 40.00
deferred compensation
43611 Public Employees Credit Authorized payroll deduction for 3,509.50
Union credit union
43612 Charles Schwab Institutional Authorized payroll deduction for 1,350.84
employee pension contribution
EFT US Department of Treasurer Federal withholding tax 18,591.29
43613 ABM Janitorial Janitorial services for January 1,041.50
43614 Allen Memorial Hospital Drug testing for one employee 22.00
274
43615 BMC Aggregates, L.C. Fill sand 91.25
43616 City of Waterloo Mark's Park/US Bank Water Main 4,159.62
Extension Project
43617 Jason Conkling Reimbursement for uniform cost 32.47
43618 Dell Marketing, L.P. New computer, T. Robbins 1,572.36
43619 Angela Vanarsdale M. D. & U. D. refund 3.37
43620 Leslie Winters 28.35
43621 Jordan Kapple " " " " 46.00
43622 Shari Alcorn ,, it
" " 11.38
43623 Timothy J. Wizniak " " " `l 46.00
43624 K & R Consulting Group MAS90 Basic Maintenance Plan 1 ,450.00
renewal
43625 Steve Kerns Reimbursement for uniform cost 70.00
and cell phone
43626 Doug Kloster Reimbursement for uniform cost 20.00
43627 Kwik Trip, Inc. Fuel for vehicles 3,861.71
43628 Travis Larson Reimbursement for uniform cost 20.00
43629 Menard's Garbage bags, green tarp and chain 42.67
saw oil
43630 Mutual Wheel Co. Reflector lenses for units #33 and #34 19.38
43631 PDCM Insurance Commercial, commercial auto, 8,531 .48
worker's compensation and
commercial umbrella insurance
43632 Radio Communications February access fee and pager rental 154.00
43633 Rainbow Florists & Sympathy flowers 50.00
Greenhouses
43634 Tim Robbins Reimbursement for cell phone 50.00
43635 Scot's Supply Nuts and bolts for hydrant flags 54.82
43636 St. Luke's Drug & Alcohol Drug testing for one employee 37.00
Testing Services
43637 United Parcel Service Shipping charge for pave box 22.47
wand repair
43638 WBC Mechanical, Inc. Repaired boiler system circulating 1,640.94
pump in garage
43639 Rob Wehmeyer Reimbursement for uniform cost 20.00
43640 Rick Wilberding Reimbursement for cell phone 50.00
43641 Waterloo Water Works Kimball South billing and mortgage 58.45
charges
43642 Mark Young Reimbursement for uniform cost 20.00
43643 - 43722 Voided 0.00
EFT Treasurer, State of Iowa State withholding tax 10,629.00
EFT State of Iowa Treasurer Sales tax 13,000.00
43723 Aecom Engineering services for Third Street 4,774.61
River Crossing and Highway 63 Projects
43724 Aramark Uniform Services Towel service 417.60
43725 Black Hawk County Auditor Water and sewer bond fees 41,106.67
43726 Black Hawk County Data processing for December 6,055.99
Treasurer, MIS
43727 BMC Aggregates, L.C. Fill sand and roadstone 241.42
43728 The CBE Group, Inc. Collection fee 41.57
43729 City of Raymond Water bond, sewer & garbage fees 11,278.17
43730 City of Waterloo Garbage, sewer and storm water 1,142,873.85
43731 Community National Bank Bank charges for December 455.26
43732 Frickson Backhoe & Repaired pave box at 316 Boston 3,100.00
Trucking & service line leak at 9 N. Elk Run Road
43733 Gierke-Robinson Co. Cord and cord protector for electric 29.42
jackhammer
43734 Iowa One Call One Call service for December 179.10
43735 Laura Fay M. D. & U. D. refund 105.00
43736 Margarita Oliver 37.69
43737 Adam Nienkark " " " it 21.18
11
43738 Great Properties, LLC 55.41
43739 Devontez Roberts 70.84
275
43740 T I S, Inc. M. D. refund 2.87
43741 Michael J. Gayther M. D. & U. D. refund 75.00
43742 Norma Bustos U. D. refund 30.00
43743 Keystone Laboratories, Inc. Water sampling 930.00
43744 Travis Larson Reimbursement for shipping charges 62.09
for flow meter repair at well #17
43745 Menard's Pick axes, shovels, hammer, utility 149.71
knives and electrical connectors
43746 Motor Winding, Inc. Rebuilt discharge valve motor at 350.00
well #17
43747 Murphy Tractor & Air filters for unit #20 53.00
Equipment Co.
43748 One Call Oil and fuel filters for units #20, 171.51
#33 and #34 for stock
43749 Matt Parrott & Sons Co. Uniform embroidery 25.50
43750 Postmaster Postage 3,000.00
43751 Mary Ratkovich Reimbursement for supplies for 180.20
employee retirement gathering and
new Christmas decorations for office
43752 Schumacher Elevator Co. Elevator maintenance service contract 458.39
43753 Storey Kenworthy Copying machine paper, print cartridges, 215.56
bathroom hand towels and dust cleaner
43754 Swisher & Cohrt, P.L.C. Legal services 140.00
43755 TestAmerica Laboratories Water sampling 40.00
43756 United Parcel Service Shipping charges for Sensus 49.72
interrogator loaner
43757 Utility Equipment Co. Hydrant parts and freight charge 601.61
43758 Waterloo Implement, Inc. Cutting edge for blade on John Deere 102.35
tractor and horn for unit #20
43759 WBC Mechanical, Inc. Repaired leak on radiator in office 343.24
43760 Wellmark BlueCross Medical insurance 45,039.15
BlueShield
43761 Waterloo Water Works City service fees 11,963.37
EFT State of Iowa Treasurer Sales tax 14,084.74
43762 Collection Services Center Authorized payroll deduction for 370.53
child support
43763 ING Life Insurance Authorized payroll deduction for 3,012.00
deferred compensation
43764 Lincoln Financial Group Authorized payroll deduction for 40.00
deferred compensation
43765 Public Employees Credit Authorized payroll deduction for 3,509.50
Union credit union
43766 Charles Schwab Institutional Employer contribution and 192,142.36
authorized payroll deduction for
employee pension contribution
43767 Teamsters Local Union Authorized payroll deduction for 661.00
#238 union dues
EFT US Department of Treasurer Federal withholding tax 18,517.85
43768 Andrews Auto Supply Parts for walk behind snow blower 37.31
at pumping station
43769 Aspro, Inc. Cold mix 897.07
43770 Assurant Employee Benefits Dental and disability insurance 7,024.54
43771 Barry Blough Reimbursement for uniform cost 20.00
43772 BMC Aggregates, L.C. Fill sand 58.90
43773 Campbell Supply Crescent wrench, marking flags, 139.07
internal pipe wrench and pliers
43774 C & C Welding & Sand Repaired running board on unit #12 50.00
Blasting
43775 Dex East Advertisement in phone book 34.15
43776 Ferguson Enterprises, Inc. Teflon tape and brass nipples for 36.81
Washburn
43777 Hogan & Hansen Payroll and consulting services 549.78
43778 George Washington Carver Overpayment on account 460.00
Academy
276
43779 Casey Herkelman Overpayment on account 206.20
43780 Hawkeye Towers Overpayment on final bill 37.76
43781 Kip Lewis M. D. & U. D. refund 105.00
43782 Dominik Lynem 16.27
43783 Virginia Snyder " " " " 18.21
43784 Kasey P. Staley " " " " 20.17
43785 Derek D. Frieling " " " " 18.08
43786 Natalie Steimel 37.44
43787 Trysure Medina " 2.91
43788 Jason Manning Reimbursement for uniform cost 42.49
43789 Menard's Internet surge protector, garbage 204.97
bags, batteries, windshield wash
and clamps
43790 Northern Lake Service, Inc. Water sampling 408.00
43791 Matt Parrott/Storey Uniform embroidery 34.00
Kenworthy Co.
43792 Plumb Tech, Inc. New gas regulator on well #10 708.69
43793 Roth Jewelers Two employee retirement watches 232.00
43794 Sensus Metering Systems Flange gaskets for 3" meters and 6,600.66
meters for stock
43795 St. Luke's Drug & Alcohol Annual membership dues 50.00
Testing Services
43796 Storey Kenworthy Calculator, binders, pens, retirement 386.38
plaque, bathroom soap/towels, hand
cleaning pads and cleaner
43797 Titan Machinery Bumper for unit#21 72.19
43798 Utility Equipment Co. Two brass nipples for meter pit 20.48
repair in Raymond
43799 Waterloo Implement, Inc. Carburetor kit for walk behind 113.65
snow blower at pumping station
Payroll 99,821.16
$1,730,272.46
The General Manager presented the Monthly Financial Report as of
January 31, 2011 as follows:
January 1, 2011 Balance $3,539,584.55
Receipts 633,914.42
Disbursements 510,930.19
January 31, 2011 Balance $3,662,568.78
Debt Reserve Fund 330,000.00
Restricted Bond Fund 0.00
Bond Debt Sinking Fund 33,567.71
Repairs & Rehabilitation Fund 250,393.56
General Fund Balance 3,048,607.51
$3,662,568.78
It was moved, seconded and approved to receive and place on file the
Monthly Financial Report as presented.
277
The General Manager presented the Revenue and Expense Summary
as of January 31, 2011 as follows:
2010 2011
Operating Revenue $544,694.75 $618,211.14
Operating Expense 278,835.45 494,317.42
$265,859.30 $123,893.72
Non-Operating Revenue 9,124.56 12,861.92
Non-Operating Expense 0.00 0.00
Capital Expense 18,317.34 10,519.04
$256,666.52 $126,236.60
It was moved, seconded and approved to receive and place on file the
Revenue and Expense Summary.
The General Manager presented the following resolution for adoption
and transmittal to the Waterloo Mayor and City Council for assessment of the charges
to the property taxes for service line repair at 500-514 Pine Street.
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark, presented a
statement of$2,146.74, which is supported by invoice from American Veterans
Plumbing LC, showing the work necessary to repair the service line in regards to the
following:
WHEREAS, the owners were notified by the Waterloo Water Works to
make the repairs to the service line at 500-514 Pine Street, which is located on the
North Seventy-five (75) feet of the West Twenty (20) feet of Lot No. Six (6); and the
North Seventy-five (75) feet of Lots Nos. Nine (9) and Ten (10) all in Block No.
Seventy-two (72) in the Cooley Addition to Waterloo, Iowa, Black Hawk County and
owned by L.V.M. & Son, LLC, an Iowa Limited Liability Company, as Contract
Purchaser, and MCK Properties, LLC, an Iowa limited Liability Company, as Deed
Holder.
WHEREAS, the property owners notified the Waterloo Water Works that
the owners desired to have the cost of water service line repair assessed to the
property taxes. After conversation with the owners, the owners voluntarily signed a
waiver of any further notice that may be required to have the Waterloo Water Works
cause the work to be done and related costs assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the
Waterloo Water Works, that the General Manager shall certify this statement to the
City Clerk and that the Clerk in turn shall give notice and an assessment made and
certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of
Ordinances, City of Waterloo, Iowa.
It was moved by Kuntz, seconded by Burris, to adopt the resolution and
instruct the General Manager to certify this resolution to the City Clerk. On Vote:
Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted.
The General Manager presented the following resolution for adoption
and transmittal to the Waterloo Mayor and City Council for assessment of the charges
to the property taxes for service line repair at 210 Norimer Street.
RESOLUTION
WHEREAS, the General Manager, Dennis D. Clark, presented a
statement of $1,532.13, which is supported by invoice from All Star Plumbing &
Heating and the Waterloo Water Works, showing the work necessary to repair the
service line in regards to the following:
278
WHEREAS, the owners were notified by the Waterloo Water Works to
make the repairs to the service line at 210 Norimer Street, which is located on Lot No.
13, in Block No. 6, in "Conger Park" in the City of Waterloo, Iowa, Black Hawk County
and owned by Ryan J. Etten and John M. Greiner.
WHEREAS, the property owners notified the Waterloo Water Works that
the owners desired to have the cost of water service line repair assessed to the
property taxes. After conversation with the owners, the owners voluntarily signed a
waiver of any further notice that may be required to have the Waterloo Water Works
cause the work to be done and related costs assessed to the property.
NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the
Waterloo Water Works, that the General Manager shall certify this statement to the
City Clerk and that the Clerk in turn shall give notice and an assessment made and
certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1 , in the Code of
Ordinances, City of Waterloo, Iowa.
It was moved by Kuntz, seconded by Burris, to adopt the resolution and
instruct the General Manager to certify this resolution to the City Clerk. On Vote:
Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted.
The Board reviewed a copy of the Iowa Public Official Bond Cancellation
Request for Craig Caslavka. The bond was for a two-year period and was written to
protect the City of Waterloo. The bond was effective for the period from June 12, 2010
to June 12, 2012.
It was moved by Kuntz, seconded by Burris and approved to authorize,
receive and place on file the Cancellation Request for Craig Caslavka's Iowa Public
Official Bond.
Bids are received annually for pipe, valves and fittings. These bid prices
are for the estimated material needs for the 2011 construction season and for
distribution system repairs made throughout the year. Advertisement for Bids was
published in the Waterloo Courier on February 3, 2011. Bidding documents were
mailed to several suppliers that have bid or requested to be on the bidder's list. Bids
were received, opened and read aloud on February 15, 2011.
The bids received for pipe, per foot, were as follows:
American Cast
Schimberg Co. Griffin Pipe Iron Pipe Co.
6" Ductile Iron $13.74 $14.61 $15.63
8" Ductile Iron $18.71 $19.80 $21.29
10" Ductile Iron $24.50 $25.82 $27.87
12" Ductile Iron $30.80 $32.46 $35.12
16" Ductile Iron $44.00 $46.93 $50.92
20" Ductile Iron $58.00 $61 .21 $66.51
The bids received for valves, tapping valves and tapping sleeves were as
follows:
Municipal Supply, Inc. $28,232.00
Schimberg Co. $28,238.16
Utility Equipment Co. $29,790.00
HD Supply Waterworks $31,004.34
The bids received for fittings were as follows:
Utility Equipment Co. $36,162.00
Municipal Supply, Inc. $38,023.00
Schimberg Co. $38,348.40
HD Supply Waterworks Incomplete Bid
It was moved, seconded and approved to award the pipe contract for
2011 to Schimberg Company as being the lowest and best bid; to award the valve
contract for 2011 to Municipal Supply, Inc., as being the lowest and best bid; and to
award the fittings contract for 2011 to Utility Equipment Company as being the lowest
and best bid.
279
Overhead costs of the Waterloo Water Works are presented annually to
the Board of Trustees for approval. The total labor overhead cost is calculated using
the most recent year-end information, as well as available current year information.
The Water Works uses the overhead cost to mark up labor costs on various projects.
The marked-up labor costs are used to more accurately invoice projects and to
maintain cost records.
2007 2008 2009 2010 2011
Social Security 7.65% 7.65% 7.65% 7.65% 7.65%
Workmen's Comp. Insurance 2.52% 2.27% 2.32% 1.85% 2.56%
General Liability Insurance 1.39% 1.41% 1.44% 1.62% 1.46%
Employee Insurance Benefits 29.12% 28.79% 23.53% 26.47% 28.12%
Vacation, Holiday and Casual Days 14.55% 15.68% 13.65% 14.20% 14.99%
IPERS Equivalent 6.41% 6.47% 6.40% 6.43% 7.78%
Total 61.64% 62.27% 54.99% 58.22% 62.56%
It was moved, seconded and approved to authorize the use of the labor
overhead percentage of 62.56% as the appropriate 2011 labor overhead markup
charge.
B & B Builders & Supply has completed the 2010 Pavement Repairs
Project. The original contract amount on the project was the sum of$105,673.00.
As part of the contract, the contractor provides the Water Works with unit costs for
additional pavement repairs that develop throughout the life of the contract, due to
main breaks, valve repairs, hydrant repairs and other causes. With the additional
pavement repairs, the final contract amount is the sum of $119,549.55.
B & B Builders & Supply has submitted the necessary closeout
documents, including lien waivers, sales tax forms, quantity form and 2-year
maintenance bond.
It was moved, seconded and approved to accept completion of the
project and work performed by B & B Builders & Supply for the 2010 Pavement
Repairs Project.
Water Works staff is completing the design work for the 2011 Street
Reconstruction Program - Division II Water Main Replacement and Connection
Project. The 2011 Water Main Project is being let in conjunction with the City of
Waterloo's FY 2011 Street Reconstruction Program. The City of Waterloo will act as
the overall contracting authority.
This year's project includes one large section of 12-inch water main
replacement on Ridgeway Avenue, between Oregon Street and Ohio Street. The
project also includes two connection projects to eliminate several dead ends, resulting
in system strengthening, increased fire flows and improved reliability. The connection
projects are a short extension of 16-inch water main on the University Avenue frontage
road in front of Beck's Sport Brewery, and an 8-inch main extension on Sager Avenue,
from Deloris Drive to Westland Avenue.
The majority of main breaks in the system appear to be caused by
corrosion. The areas most frequently suffering from breaks are the Castle Hill area,
the area of Waterloo north of San Marnan and west of LaPorte Road, and the area
generally around Central Middle School. Other smaller pockets of increased breakage
exist as well. In 2006, the Water Works began a program of replacing water main in
the Castle Hill area, in conjunction with the City of Waterloo's annual Street
Reconstruction Program. The program has continued each year since 2006, focusing
on streets that are included in the City Street Reconstruction Project. Replacing the
water mains in conjunction with the Street Reconstruction Project benefits the
residents,.the City of Waterloo and Water Works, and will improve project
coordination, scheduling, logistics and economics.
280
The very preliminary estimate of cost for the project is $300,000 to
$350,000. The 2011 Capital Budget includes $535,380 for water main replacement/
connection projects, including remaining costs for the 2010 project. The anticipated
remaining expenses for the 2010 project are the sum of $217,275. The Water Works
2011 remaining available line item budget for this project is the sum of $318,105.
Costs against the 2010 and the 2011 projects include engineering, design, pre-
reconstruction work, the work contracted through the City project, geotechnical testing
and contingencies. All engineering and design work is being done in-house with
minimal capital cost to the Water Works. Pre-reconstruction work will be completed by
the Water Works Distribution Department and by hired contractors. Water Works staff
and a geotechnical testing agency will provide construction review for compliance with
specifications.
It was moved by Burris, seconded by Kuntz and approved to instruct the
General Manager to prepare plans, specifications, form of contract, etc.
It was moved by Burris, seconded by Kuntz and approved to receive,
place on file, and preliminarily approve plans, specifications, form of contract, etc.
It was moved by Burris, seconded by Kuntz and approved to instruct the
General Manager to publish notice of plans, specifications, taking of bids and to set
the date of Public Hearing as the March 16, 2011 Board of Trustees meeting.
The General Manager reported that negotiations have been ongoing with
the City of Hudson, Iowa, to provide drinking water to Hudson's Northern Tier. A few
issues remain to be resolved and an agreement is not available for Board approval at
this time.
It was moved, seconded and approved to table adoption of an
agreement with the City of Hudson to provide drinking water to Hudson's Northern
Tier.
The following items were reported by management:
Dennis Clark presented water pumpage information for January 2011,
which was 2.65% less than January 2010.
The current market value of the Pension Fund as of January 31, 2011 is
the sum of$3,981,251.21, including one employee's personal balance of$30,406.17
held by the paying agent. The value of the fund increased $210,777.11 in the last
month and year to date. The Waterloo Water Works has made contributions of
$190,750.00 to the plan in 2011. Employees have made contributions of$3,396.87 to
the plan in 2011. Year to date fees are the sum of $4,4,22.11, year to date payments
to retirees are the sum of$27,254.95, and the year to date yield of the fund is +1.28
percent.
The annual tabulation of broken mains, main leaks and broken hydrants
was reported to the Board. In 2010, 27 mains were broken, 20 main leaks occurred,
and 8 hydrants were damaged.
A tabulation was distributed showing the total number of service line
leaks in 2010. A total of 150 service line leaks occurred in 2010, compared to 147
service line leaks in 2009. The number of galvanized line leaks continues to trend
down, while copper line leaks are trending up. Copper line leaks accounted for 87.3%
of all service line leaks in 2010.
A list of several major projects and initiatives currently underway or planned
for 2011 was presented to the Board.
281
The next regular meeting is scheduled for Wednesday, March 16, 2011 at
8:00 a.m.
Upon motion, the meeting was adjourned at 9:59 a.m.
BOARD OF TRUSTEES
Secretary
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