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03/10/2014 (2)
RESOLUTION 2014-173 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE WATERLOO CENTER OF THE ARTS, LAW COURT THEATER, 5:30 P.M. MONDAY, MARCH 10, 2014 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (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. March 10, 2014 Page 2 Roll Call. Moment of Silence. Pledge of Allegiance: Patrick Morrissey, Ward 3 Council Member. Agenda, as proposed or amended. Minutes of March 3, 2014, Regular Session, as proposed. Recognition of Travis Nichols 2014 Team Member of the Month - March. Presentation of 2014 Basketball Character Counts Coach of the Year Awards to: Quentin Hart, Janie Lippert, Adonnis Hill, and Randy Self. Presentation of 2014 Basketball Player of the Year Awards to: Luestella Jones, Sabrina Anderson, Tervion Labeaux, and Antonio Alexander. 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, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Steve Grimm, IAHO Spring Waterloo, 04/02/ 14- 300.00 Rental Housing Conference IA 04/ 04/ 14 Inspector Certification & Recertification Paul Huting, Iowa Park & Cedar 04/07/14- 461.00 Leisure Services Recreation Assoc. Rapids, IA 04/ 09/ 14 Director Conference Phillip Schuppert, CPESC Certification Davenport, 04/28/ 14- 325.00 Storm Water specialist Review Course IA 04/29/ 14 Phillip Schuppert, CPESC Certification Davenport, 04/30/ 14- 275.00 Storm Water specialist Exam IA 05/01/14 March 10, 2014 5. 6. 7. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Z's Restaurant & Lounge 3937 W. Airline Hwy Class C Liquor Renewal 10/ 31 / 14 Jet Lounge 451-453 W. Parker St. Class C Liquor & Outdoor Service Renewal 04/ 14/ 14 X Jameson's Public House 310 E 4th Street Class C Liquor & Outdoor Service Only New- Seasonal 03/ 15/ 1q 03/ 17/ 14 X PUBLIC HEARINGS 2. Rezone request from Stainless Investments, LLC of Waterloo, Iowa to rezone approximately 0.41 acre of land located at 811 Elliott Court from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Terrace Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Rezone on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director March 10, 2014 Page 4 3. Request by Stainless Investments, LLC of Waterloo, Iowa for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 4. Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Superintendent of Waste Management Services for review. Submitted by Larry N. Smith, Superintendent of Waste Management Services. RESOLUTIONS 5. Resolution adopting the City of Waterloo Bicycle Master Plan by hereby adopting Chapter 5 Non -Motorized Transportation Component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycle Master Plan. Submitted by Aric Schroeder, City Planner and Co -Chair of the Waterloo Blue Zones Community Policy Committee on Walkability and Bikeability 6. Resolution approving award of contract to Nichols Construction, Inc. of Evansdale, Iowa in the amount of $68,000.00; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Cedar Vista Shelter Project, in Exchange Park, at the intersection of Park Road and Burton Avenue; and authorize Mayor and City Clerk to execute said document. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager March 10, 2014 Page 5 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Daktronics, Inc. of Brookings, SD at a total cost of $706,236.44 in conjunction with Young Arena Video/Audio Upgrade Project. Submitted by Chris Dolan, Young Arena Manager 8. Resolution to approve and accept award of a Black Hawk Gaming Association Grant in the amount of $150,000.00 to assist in the purchase of seven (7) Heart Monitors; and authorize Mayor and City Clerk to execute said documents. Submitted by Pat Treloar, Chief of Fire Services 9. Resolution approving Three (3) 28E Agreements with City of Waterloo and East Waterloo Township (East Waterloo), Cedar Township and Elk Run Heights for the period of July 1, 2014 through June 30, 2015; and authorize Mayor and City Clerk to execute said documents. Submitted by Pat Treloar, Chief of Fire Services 10. Resolution approving an amended Equal Employment Opportunity Policy Statement; and authorize Mayor and City Clerk to execute said documents. Submitted by Suzy Schares, City Clerk, CMC/Human Resource Director 11. Resolution setting date of public hearing as March 24, 2014 to enter into a Master Development Agreement and Supplemental Development Agreement with Grand Investments, LLC to authorize the sale and conveyance of a portion of City owned property for $1.00 commonly known as the former Grand Hotel site, at West Mullan Avenue and Jefferson Street, for the construction of an approximate 70 -unit condominium development with an estimated actual value of $6 million, with 20 years at 42% tax rebates; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning and Development Director 12. Resolution to approve and accept certain temporary easement and permanent easement contracts with Restaurant Concepts, Inc., to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-8155(731)--70-07. Submitted by Noel Anderson, Community Planning and Development Director March 10, 2014 Page 6 13. Resolution approving and accepting certain temporary easement contracts to the City of Waterloo for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT #STP -U- 8155(731)--70-07 from: 3410 Building Partnership, LLC in the amount of $100.00; The Auto Club Group in the amount of $100.00; Southridge Professional Bldg. Co. in the amount of $762.40; MidAmerican Energy Co. in the amount of $161.35; Greenwood Family Property, LLC in the amount of $987.60; Locke Realty, Inc. donated the property; Wells Fargo Bank, NA in the amount of $275.55; Weaver Enterprises, LTD donated the property; NE Iowa Real Estate Investments, LTD in the amount of $1,170.20; Central Christian Church in the amount of $541.01; Operation Threshold in the amount of $880.50; Sun Real Estate Investments, LLC in the amount of $1,457.50; Vanderloo, LLC in the amount of $100.00; and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning & Development Director 14. Resolution approving a Code of Conduct for the officers and employees of the City of Waterloo, Iowa for administration of federal grant funds; and authorize Mayor and City Clerk to execute said documents. Submitted by Jamie Knutson, PE, Associate Engineer 15. Resolution approving an Equal Opportunity Policy Statement for the officers and employees of the City of Waterloo, Iowa for administration of federal grant funds; and authorize Mayor and City Clerk to execute said documents. Submitted by Jamie Knutson, PE, Associate Engineer 16. Resolution approving award of hotel/motel discretionary funding to the following entities: Kiwanis Club of Waterloo for the Air Show in the amount of $15,000.00 and North End Cultural Center, Inc. for the North End Arts & Music Fest in the amount of $5,000.00. Submitted by Michelle Weidner, Chief Financial Officer ORDINANCES 17. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, bq repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo. Motion to consider and pass for the third time and adopt an Ordinance repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations. Submitted by Sandie Greco, Superintendent of Traffic Operations. March 10, 2014 Page 7 OTHER COUNCIL BUSINESS 18. Purchase of Seven (7) 12 -Lead Cardiac Monitors Motion to instruct Fire Services to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of hearing and bid opening as April 28, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Pat Treloar, Chief of Fire Services 19. Waterloo Public Library New Security Camera System. Motion to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as -2014 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Craig Clark, Building Official/Maintenance Administrator 20. Motion approving Change Order No. 1 for a net increase of $1,800.00 for work performed by Modus of Waterloo, Iowa in conjunction with the Waterloo Public Library New Security Camera System Project. Submitted by Craig Clark, Building Official/Maintenance Administrator ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, March 10, 2014 5:05 p.m. - Finance Committee, Council Chambers March 10, 2014 Page 8 PUBLIC INFORMATION 1. Communication from Fire Department on the retirement of Mark Olson, Fire Engineer effective February 28, 2014 with recommendation of approval of payout of $12,816.91 for unused benefits. 2. Civil Service Commission meeting minutes of January 13, 2014 on file at the City Clerk's office. 3. Waterloo Regional Airport Board meeting minutes of January 28, 2014 on file at the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Hwy 63 Storm Sewer Outfall Review Outlets to Cedar River -North & South Side of River Project Pay estimate No. 11 to AECOM in the total amount due of $16,304.27. 2. Kimball Ave. Transportation Imp. Project, Contract No. 843 Pay estimate No. 10 to Ament, Inc. in the total amount due of $18,372.53. March 3, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Waterloo Center for the Arts, Law Court Theater, Waterloo, Iowa, at 5:30 p.m., on Monday, March 3, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. 142360 - Hart/Schmitt that the Agenda, as amended by changing the content of 1.a.2.; 2. tabling public hearing until March 24, 2014, deleting resolution 2. as documents have not been received, and adding item 19 Change order for the No Name Creek Interceptor Sewer project, for the Regular Session on Monday, March 3, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142361 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 24, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Presentation of MidAmerican Energy's Trees Please! Grant of $20,000 to City of Waterloo Leisure Services Commission. Mike Messina, MidAmerican Energy, announced his retirement and introduced his replacement, Chuck Meyers. CONSENT AGENDA 142362 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated March 3, 2014, in the amount of $609,571.10, 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. 2014-147. 2. An order for failure to pay penalty and assess penalty in the amount of $300.00 with Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Resolution adopted and upon approval by Mayor assigned No. 2014-148. 3. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Prime Mart, 3535 Marigold Street, Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Resolution adopted and upon approval by Mayor assigned No. 2014-149. 4. Request of Patrisha Serfling for tax exemptions for the construction of an addition to a single family dwelling valued at $25,900.00 located at 642 W. Parker Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-150. 5. Request of Tony Fischels for tax exemptions for the construction of a new single family dwelling valued at $320,000.00 located at 4726 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-151. 6. Request from John Deere Waterloo Works for an Exception to Burning Yard Waste to burn approximately six (6) individual prairies of prairie grass located on its Tractor Cab Assembly Operation located at 3500 East Donald Street in Waterloo, Iowa during the period of March to April 2014, together with recommendation of approval of the Chief of Fire Services. Resolution adopted and upon approval by Mayor assigned No. 2014-152. •uanaS :saAV-a4on eoToA '17TOZ 'bZ uaggTaM 1o3 paTTPo zoAeW al -14 cozen TTPun peTgPq •paTaaPo uoTgoW aq buTaeaq egq. 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Resolution adopted and upon approval by Mayor assigned No. 2014-155. 142369 - Cole/Hart that "Resolution approving Real Estate Purchase Agreement with Bank of New York Mellon for the acquisition and purchase of 1027 Lafayette Street in the amount of $25,300.00; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-156. 142370 - 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. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-157. 142371 - Cole/Hart that "Resolution approving Traffic Safety Grant Agreement withIowa Department of Transportation in the amount of $36,000.00 for improving traffic signal installations and removing existing signals at the intersections of E. Ridgeway Ave. & W. 11th Street; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-158. 142372 - Cole/Hart that "Resolution approving Traffic Safety Grant Agreement with Iowa Department of Transportation in the amount of $15,000.00 for Radio Broadcast Traffic Safety Awareness Campaign focused on pedestrians and cyclists; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-159. ORDINANCES 142373 - Welper/Lind that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. 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AessT11oN/4aeH - SLEZPT •uanag :se/J-e;on TTPo TT02i •amT4 puooas egq. Io3 passed pup paaapTsuoo 'aTT3 uo paoeTd 'panTaoal eq '„ooT.1e eM 3o '4T0 alp 3o saoueuTpaO 3o epo0 ago 3o 'SuoTTETnbag a0TT0d 'S aT;Ty 30 'Toa:u00 TEUITu\ 'T Ia4deg0 Mau E 3oeiegq. neTT uT buT4eeua puE 'suoT4eTnbag aoTTOd 'S eT;Ty 3o 'T0_4Uo0 TeUITuy 'T Ia4deg0 buTTPedaa Aq 'ooTaa4eM 3o A4TO egq. 3o saoueuTpao 3o epo0 LOO egg buTpuaulP agq. buTpueule eDUPUTpIO Ueu 4eg4 AassTal0W;aPH - 6LEZbT abed 'TOZ 'E 1101P March 3, 2014 Page 5 142384 - Hart/Welper that Change Order No. 1 for a net increase of $13,440.00 for work performed by Cedar Valley Corp., LLC of Waterloo, Iowa for Rehabilitation of Taxiway "B" at Waterloo Regional Airport; and authorize Mayor to execute said document, be approved. Voice vote -Ayes: Seven. Motion carried. 142385 - Schmitt/Hart that proof of publication of notice of public hearing on FYE2015 Budget, as published in the Waterloo Courier on February 17, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142386 - This being the time and place of public hearing, the Mayor called for written and oral objections and there are written concerns on file in the City Clerk's office. Michelle Weidner, Chief Financial Officer, gave an overview of the City of Waterloo FY2015 budget. Leon Mosley, Gates Park Neighborhood Association, spoke in support of the Police Department and expressed concern with any personnel cuts to the Police Department. He also submitted a letter of support from the Association. Anne Grove, 3738 W. 9th Street, questioned if dispatch added interpreter services this year. She spoke in support of phone interpretation. Dan Trelka, Director of Safety Services, noted that funding was not increased nor decreased for interpreter service. Randy Herod, 111 Highland Ave., spoke in opposition to increased taxes. David Dryer, 3135 W. 4th Street, questioned making personnel cuts to departments other than Police and Fire and expressed concern with any tax increases. Steve Murphy, 124 Karis Dr., asked for Council to consider ways to decrease expenses. Jim Chapman, 224 Bertch, questioned how the size of the Police Department is determined. Forest Dillavou, 1725 Huntington Road, expressed concern with increased property taxes. Gayle Shinkle, Board of Realtors, expressed concern with the high tax rate in Waterloo. Marty Dickey, 117 Derbyshire Rd., expressed concern with Waterloo's tax rate compared to surrounding communities. He spoke in support of the TIF districts and recommended taking funds from those districts. He expressed concern with the decrease in population. Colleen Tierney, 1933 Wembley Road, expressed concern with Waterloo's tax rate. Bill Kammeyer, 526 Home Park Blvd., expressed concern with cutting personnel from Police and Fire and encouraged cuts and increased efficiency in other departments. Marty Dickey, explained John Deere's budget process. Mr. Welper spoke in support of keeping the staffing level the same in police and fire. Mr. Hart thanked Michelle Weidner for her work on the budget process and noted that the City is poised to do great things. He proposed to start with the Mayors budget proposal and then to reduce the tax askings by $511,734.00 bringing levy rate to 17.99. That will reduce the increase to residential property taxes for those properties who received a 4% reduction due to the reevaluation from 2.98% to 1.71% and properties with no reevaluation from 7.7% to 5.95%. It is proposed by reducing the following budget: not filling two vacant Police Department positions that will save $167,606.00, two Fire positions saving $155,780.00, reduce Police travel by $10,000.00, reduce uniforms with a 2 year average of $9,000.00, reduce employee benefits by $6,848.00, fire health services by $2,000.00 fire training by $3,000.00, decrease library budget by $5,000.00, Youth Pavilion budget by $2,500.00, Liability/Work Comp insurance premiums by $25,000.00, and utilize Fund balance of $100,000.00 with a total budget of $511,734.00. aogoaITQ aoanosag ueumH/NaaTO ' T3 OWO 'saaegog Azng •paTaaeo uoT oN •uanag :saA\-a4on aoToA •iu d ZZ:L 4P uanocpP TTouno0 eqg 4P144 34Tmu0S/4IPH - T6£ZPT INSWN2if]Of UK •pazaae° uoTgoN •uanag :saAv-agon aoToA *GTT; uo paoeTd pup panTaoaa aq sguaunuoo Teao anoOP egg TPug paxsP puP TTouno0 44? °S/4aPH - 06£Z'T •apaA 3xau ao3 sTPob gabpnq gas o;.TTouno0 auk ao3 goadsaa passaadxa ' •pnTg xaPd aUIOH 9ZS 'aaAaunuPN TTTE •agea xPg qbTq aqg q;TM uaaouoo passaadxa 'peog uTgog SILT 'uogaags ugoj SNOIy 1JNSSS2id 'N O •pazaaP° UOT;OW •uanag :sa& :e;on eOTOA •3uauln°op pTPs agn°axa og aoApw azTaoggnP pup : aaoq og buTob PPM Io;°Paquo° aaaqM x°Oapaq 3o Aaanooszp uaasaao;un og anp '6ti8 •0N goPlquo3 'IaMas aogdaoaagui xaaa0 auIPfq ON aqg ao3 'PMoI 'sauly 3o buTgoPaquo0 ?I)'P Aq paTuaojaad )[IOM 103 00 • 000'0ZT$ 3o gunoulP aqg uT asPaa°uT gau P ao3 I •oN aapa0 abuPT;O buTAoaddP uoTgow aadTaM/4aPH - 68£Z6T •Z9T-bTOZ •oN paubTssP aoAPW Aq TPnoaddE uodn pup pa;dopp notgnTosag •TPsodoad sTgg og uoTgTsoddo uT axods AassTaaoN •aw •ssaooad ;abpnq au; Io3 TTouno3 pup 33e;s aaq pup aeupTeM aTTagazw paxuPT;; 9T00 'SW .;;e;s Aapaodulag ao3 Apd (pg. buzpun3 buzsPaaouT gnq 33Pgs saoTAaas aansza- uMoguMop eq; ao3 33P3s buzppe you pup AapagTT e ; uo ;°PduIT eq; buTnoulaa gnq uoTgdo sT TPsodoad aqg gets; pauzpTdxa sauor • aN 'IadTam '/eSSTIaoW) aaagy :sAeN •ano,3 :saAM-a;on TTP° TTou •pa;dope aq '„gabpng STOZSX3 u;TM uoTgouncuo° uT 00.0TL'L88'017$ 30 sbuzxsP xPg Agaadoad TP;o; pup 8STS6 • LT$ 30 agPI AnaT xeg TP404 P TfgTM gabpnq pips bUTAOaddP uoTgnTosag„ ;eq; paoeTd puT'I/ggTWLTog - •paTaaP° uoTgow •uanag :saA!-agog a°Ton •e T3 uo pup paATaoaa aq sguaunuoo uaggTaM pup TPIo pup pasoT° aq buzaPaq eq. Teti; 88£Z6T gaPH/44zu1140S - L8EZbT •Aga3Pg °TTgnd buzonpaa 3o s;oa33e q;TM uaaouoo passaadxe IadTaM •IW •UOT;TI;;P gbnoagq. sTanaT buT33e;s buzonpal 3o gaoddns uT axods sauor •aW •UOT;Ta;;P gbnoagg sTanaT buz33P;s buTonpaa 3o gaoddns uT axods puTZ • W •a;Pa AnaT xPq saT;TD aagq;o sauTT;no ;Pq; spTdPH IepaO W013 guaumoop e pagngTa;sip aH •buTxsP xP; egg. aonpaa og UOT;Ta;;P ubnoagg sTanaT buT;;P;s buTonpal 3o gaoddns uT axods 44z11111os •aj •ooTaa;PM 103 ao TT TM ssauzsnq buTop saaAoTdula 103 SabeM eTgPATT P 103 buTNGP uoTgnlosaa P pasodoad pup gabpnq s,aoAPW eq; 3o gaoddns uT axods AasszaaoN •IW g abed VTOZ '£ 1401PN rTJ4rM MT4MBTR O_} VIE rMOrNT3L MARCH TRAVIS NICHOLS TRAVIS NICHOLS IS FACILITIES/PROJECTS MANAGER WITH LEISURE SERVICES AND HAS BEEN WITH THE CITY SINCE DECEMBER 1 5, 2008. TRAVIS COMPLETED AN EXTENSIVE FIXED ASSET INVENTORY OF BUILDINGS AND IMPROVEMENTS AS REQUESTED BY THE FINANCE DEPARTMENT FOR THE CITY'S ANNUAL FINANCIAL STATEMENTS. LEISURE SERVICES PROBABLY HAS THE LARG- EST NUMBER OF ASSETS OF ANY CITY DEPARTMENT AND IT'S BEEN HARD FOR FINANCE TO COMPILE ALL THIS INFORMATION TIMELY AND ACCURATELY EACH YEAR FOR ALL DEPARTMENTS; THIS IS WHY STAFF WITHIN EACH DEPARTMENT IS RELIED UPON TO PROVIDE ANY NECESSARY CHANGES. TRAVIS TOOK THIS TASK VERY SERIOUSLY AND PROVIDED UPDATED INFORMATION WITH VERY SPECIFIC DETAILS ABOUT CHANGES NEEDED TO LEISURE SERVICES' INVENTORY. THAT IN- FORMATION IS VALUABLE TO PROVIDING ACCURATE FINANCIAL STATEMENTS FOR THE CITY. TRAVIS IS ALSO VERY HELPFUL AND RESPONSIVE TO QUESTIONS FROM THE FINANCE DEPARTMENT REGARDING LEISURE SERVICES' PROJECTS AND ONGOING CONSTRUCTION CONTRACTS. FINANCE KNOWS WHEN THEY HAVE QUESTIONS THEY CAN COUNT ON TRAVIS TO HELP OUT. CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: March 4, 2014 Dept. Head Signature: h # of Attachments: 0 SUBJECT: 2014 Basketball 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: 2na & 3rd Grade Boys: Quentin Hart 2nd & 3ra Grade Girls: Jani Lippert 4th - 6th Grade Boys: Adonnis Hill 4th - 6th Grade Girls: Randy Self CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: March 4, 2014 Dept. Head Signature: ph # of Attachments: 0 SUBJECT: 2014 Basketball Character Counts Player 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 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: 4th - 6th Grade Female: Luestella Jones 4th - 6th Grade Female: Sabrina Anderson 4th - 6`h Grade Male: Tervion Labeaux 4th - 6th Grade Male: Antonio Alexander 0 1-1 0 O O O CA • CA O O ct 2. O xx 5 e Cre:,' c It: ce et • et et et jd CTI It • y o Tir O CO O CD :SUOROBSuPij, J AH 0 0 sID 0 II O Pz 0-05 tl et -. 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College DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 4/2/14 RETURN DATE: 4/4/14 DATE(S) OF MEETING: April 2 — April 4, 2014 PURPOSE OF TRAVEL/TRAINING Certification WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa PRIVATE VEHICLE ESTIMATE OF COST: LODGING MEALS 300.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 300.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NC) REQUIRED CERTIFICATION TOTAL: $ 300.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY "WATERLOO -, DEPARTMENT HEAD T DATE �r- K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST /41 MAYOR DATE I Clad TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Paul Huting, Leisure Services Director NAME OF CLASS / MEETING: Iowa Park and Recreation Association Conference FINANCE DEPT. STAFF ONLY LINE ITEM USED FY ' 1/BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Ori. inal - Clerk/Finance 3741%o /346, _36Zr)' acO 44r DATE: April 7-9, 2014 Copy - Department DEPARTURE DATE: I RETURN DATE: 4/7/2014 4/9/2014 PURPOSE OF TRAVEL: To attend the Iowa Park and Recreation Association Spring Conference. We host this conference in Waterloo on a rotating basis so we need to be represented. I serve on statewide committees that will meet during the conference. DESTINATION: Cedar Rapids, IA DEPARTURE POINT IF NOT WATERLOO: DATE(S) OF MEETING: 4/7-9/2014 WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: X CITY VEHICLE X COST $ NA YES NO AIRFARE DEPARTING FROM: Waterloo PRIVATE VEHICLE ESTIMATE OF COST: 250.00 LODGING 50.00 MEALS 225.00 REGISTRATION MILEAGE/FUEL 36.00 TOTAL FOR ALL: $ 461.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-4100-1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 0 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEA V DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST Gni MAYOR DATE 3)ic/i4- Iowa Park and Recreation Association C 11 14:0, 4), "Y EV e I CEDAR RAPIDS PARKS & RECREATION S i indicates a required field. IPRA 2014 Conference Registration I Iowa Park & Recreation Association Official Web s... Page 1 of 2 Username I Password) Forgot Password?Login Home Aquatics Jobs Education Board Contact Membership IPRA 2014 Conference Registration If paying by check Mail with payment to: Iowa Park & Recreation Association Attn: Annual Spring Conference 1534 Penrose Street Grinnell IA 50112-1203 * = INCLUDES ONE YEAR IPRA MEMBERSHIP Annual Spring Conference Participants Named [Paul Huting Participant's Title d (Leisure Services Director Participant's Organization J (City of Waterloo, Iowa Professional Full Package Bird Exp 03/24/2014) Professional Late Full Packages (after 03/25/2014) Professional Monday Only Professional Tuesday Only Professional Wednesday Only Student All Days Student One Day Only Special Fees- Institutes, Workshop, & Events Extra Tickets Included in Professional Full Package List Golf Partner (if any) IPRA Member ($210) 0 Non -Member ($355)* C IPRA Member ($260) u Non -Member ($405)* C IPRA Member ($125) 0 Non -Member ($270)* I_ IPRA Member ($125) Li Non -Member ($270)* C IPRA Member ($60) ❑ Non -Member ($220)* L (PRA Member ($45) a Non -Member ($50) C IPRA Member ($20) ❑ Non -Member ($20) ✓ Golf Outing ($50) Offsite Tour #1 - Aquatics - Mon PM ($15) / Offsite Tour #2 - Parks - Tues AM ($15) C Offsite Tour #3 - Natural Areas - Tues PM ($15) r Offsite Tour #4 - Playground - Tues PM ($15) E Aquatic CEU Workshop ($40) L. Monday Luncheon ($20) C Tuesday Luncheon ($20) • Tuesday Best of the Best Banquet ($35) Payment Information Cost $225.00 Payment Type !Select A Payment Type v Billing Information (Address must match with address on credit card statement) First Name .1 Last Name "*"- Address {Address ' https://www.iapra.org/index.cfm?fuseaction=cContents.home&Content=annual spring co... 2/24/2014 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY'X-E BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 54/ D1 7.C3( /306 07400.00 02 76 c. /%Cly Co.y - De•artment NAME(S) AND POSITION(S): Phillip Schuppert, Storm Water Specialist DATE: February 26, 2014 NAME OF CLASS / MEETING: CPESC Certification Exam DESTINATION: Davenport, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 30, 2014 RETURN DATE May 1,2014 DATE(S) OF MEETING: May 1,2014 PURPOSE OF TRAVEL/TRAINING: To take the Certified Professional in Erosion and Sediment Control Exam WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 75.00 LODGING MEALS 200.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 275.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 521-07-7830-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 275.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO gvA ESI �('� A DEPARTMENT HEAD February 26, 2014 DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THS TRAVEL REQUEST MAYOR DATE A Division of EnviroCert International, Inc. Application for: Send completed application with applicable fee and any attachments to: EnviroCert International, Inc. 49, State Street Marion, NC 28752-4020 CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROLTM General Information Read instructions and eligibility requirements before completing application. Type or print clearly in dark ink. Applications must be received at least 45 days prior to expected exam date. If you send your application electronically, do NOT mail a hard copy! 1. Certification you are applying for: CPESC 'ESC In -Training 2. Name (Last, First, Middle) ")(, ! \ `�' \C\ ‘`)‘\\ C VIi 3. Preferred Name (if different than line 2 above) ---- 4- Date of Birth c1L-\ ( 33 �1o‘`L 5. Mailing Address K\j 6. Mailing Address (contd.) ---- 7. City, State/Province, Zip/Postal Code \\ VA 8. Country \- i_ \ \ `-) ‘j-c't�rt Cm 9. Office Phone (include extension) 10. Fax Number 11. Home Phone Vii `)'01-1 \ 1 S- 12. 12. Email Address 2,i`\ IAA .,� 15 J 1 Application Fee The application fee is US$200. The fee includes a copy of the Study Guide which will be mailed to you. Make check payable to EnviroCert International, Inc. and send with application to: EnviroCert International, Inc., 49 State Street, Marion, NC 28752-402o Signature, Certification, and Release YOU MUST SIGN THIS APPLICATION! Sign Here: READ THE FOLLOWING CAREFULLY BEFORE YOU SIGN: A false statement on any part of this application may be grounds for denying you certification, or revoking your certification after you have been certified. I understand that any information I give may be verified by EnviroCert International, Inc. I understand that the application fee is non-refundable and non-transferrable. I consent to the release of information about my skills, abilities, professional ethics, and work records by current and former employers, schools, and references. I certify that I have read and fully subscribe to the CPESC Code of Conduct and Ethics. I certify that all information submitted in support of this application is correct and true to the best of my knowledge and that all information regarding this application will remain confidential. Signature Date NOVEMBER 1, 2013 WVVVV.CPESC.ORG PAGE I TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED f1,2/ 17 iS3o /.34 FY.Xi'-f BUDGETED aetv.01) EXPENDED YTD O cO THIS REQUEST J2 57 d() LEFT AFTER THIS REQUEST /6,66.063 DATE ?Gd o7 te-Aut Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Phillip Schuppert, Storm Water Specialist DATE: February 26, 2014 NAME OF CLASS / MEETING: CPESC Certification Review Course DESTINATION: Davenport, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 28, 2014 RETURN DATE: April 29, 2014 DATE(S) OF MEETING: April 29, 2014 PURPOSE OF TRAVEL/TRAINING: To attend Certified Professional in Erosion and Sediment Control (CPESC) Certification Review Course WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 75.00 LODGING TAXI MEALS PARKING 250.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 325.00 BUDGET LINE ITEM: 521-07-7830-1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 325.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO eDc6) PARTM NT HEAD February 26, 2014 I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 lic-14 GREAT CONNECTIONS 2014 ATTENDEE REGISTRATION Page 1 of 2 ATTENDEE REGISTRANT INFORMATION Last Name* Schuppert First Name* Phillip Company* City of Waterloo, Iowa Position or Title Stormwater Specialist Address 1* 715 Mulberry Street Address 2 City* Waterloo State/Province' Iowa Zip/Postal Code* 50703 Country* United States Phone* 319-493-1551 Email* phillip.schuppert@waterloo-ia.org Fax Prefix (if any): Suffix (if any): Credentials: (CPESC, CESSWI, CISEC, CPSWQ, PE, etc.) Field of Practice: (Please check all that apply) O Academic O Architect O Consultant O Contractor O Developer/Builder O Engineer El Golf Industry O Government Agency O Landscape O Landscape Architect O Legal O Manufacturing O Media/Publisher O Mining Industry CI Non -Profit O Stormwater El Stream/Wetland O Supplier O Utility Company O Waste Management O Other How did you hear about Great Connections 2014?* AI Associate/Colleague O Direct Communication from Conference CI Environmental Connection Magazine O IECA Chapter Mailing O IECA Chapter Website O IECA Website O Land and Water Magazine O Other BILLING INFORMATION O SAME AS ATTENDEE REGISTRANT INFORMATION If different: Last Name* First Name` Company* Position or Title Address 1* Address 2 City* State/Province* Zip/Postal Code* Country* Phone* Email* Fax Are you a member of any other associations/organizations? If so, please list them: PAYMENT INFORMATION Please email completed form to: GC2014@minervatri.com O Credit Card Payment O Visa O Master Card CI Discover CIAmerican Express Card Number: Name on Card: Expiration Card Security Code (VISA/MC: 3 digit number on the back of the card, AMEX: 4 digit number on the front of the card) Please fill out Page 2 to complete your registration. www.GreatConnections2014.com GREAT CONNECTIONS 1014 Ala ATTENDEE REGISTRATION Page 2 of 2 TUESDAY, APRIL 29, 2014 OPTIONS FULL-DAY COURSES CPESC CERTIFICATION REVIEW COURSE: Note: Though the review course is not a prerequisite, if you intend to sit for a certification exam you must be pre -approved by the certifying body. (Pre -approval is NOT required to attend a review course.) Please see Thursday, May 1 registration options below for exam requirements. O $225 IECA Member AI $250 Non -Member CMS4S CERTIFICATION REVIEW COURSE: Note: Though the review course is not a prerequisite, if you intend to sit for a certification exam you must be pre -approved by the certifying body. (Pre -approval is NOT required to attend a review course.) Please see Thursday, May 1 registration options below for exam requirements. O $225 IECA Member O $250 Non -Member CISEC TRAINING MODULES: Those wanting to sit for the CISEC nationwide certification examination must obtain written approval from CISEC, Inc. Download the application at www.cisecinc.org and submit application, references, and the administrative fee to CISEC, Inc. by April 10, 2014. O $225 IECA Member O $250 Non -Member ADAPTIVE MANAGEMENT FOR TMDL IMPLEMENTATION O $225 IECA Member O $250 Non -Member HALF-DAY COURSES 8:00 a.m. – 12:00 p.m. — LEADERSHIP THROUGH COLLABORATION O $115 IECA Member O $125 Non -Member 1:30 p.m. – 5:00 p.m. — THE ABC'S OF BMP'S O $115 IECA Member O $125 Non -Member WEDNESDAY, APRIL 30, 2014 OPTIONS CONFERENCE REGISTRATION: Includes Tuesday Reception, Wednesday Tech Sessions, Thursday Field Tour O $240 IECA Member O $265 Non -Member BLACKHAWK BOWLING SOCIAL: 2hrs bowling, hors d'ouerves, a drink (cash bar available). O $35 THURSDAY, MAY 1, 2014 OPTIONS FIELD TOUR: (Included in Wednesday Conference Registration Only) O Please check HERE if you are attending. Because of transportation/logistics ONLY those confirming their attendance will be permitted to participate. O $25 Extra Field Tour Ticket (exhibitors, spouses, students, etc.) CPESC CERTIFICATION EXAM* fJ Reserve Space Does not require review course participation; BUT all interested participants must be pre -approved to sit for the exam. Apply by March 15 through www.envirocertintl.org CMS4S CERTIFICATION EXAM* O Reserve Space Does not require review course participation; BUT all interested participants must be pre -approved to sit for the exam. Apply by March 15 through www.envirocertintl.org CPSWQ CERTIFICATION EXAM* O Reserve Space All interested participants must be pre -approved to sit for the exam. Apply by March 15 through www.envirocertintl.org A LA CART OPTIONS O $60 TRADE SHOW ONLY Pass (Incl. Exhibitor Reception) CESSWI CERTIFICATION EXAM* El Reserve Space All interested participants must be pre -approved to sit for the exam. Apply by March 15 through www.envirocertintl.org CISEC CERTIFICATION EXAM* O Reserve Space All applicants must apply to CISEC, Inc. by April 10, 2014 through www.cisecinc.org with all application materials, references and administrative fees. O $85 Spouse/Guest Meal Package I would like to be a Friend of the Chapters. All Friend of the Chapters donations will be shared equally by the event host chapters. O $5.00 O $10.00 O $25.00 O $50.00 O $75.00 GRAND TOTAL: $250.00 www.GreatConnections2014.com Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: # of Attachments: SUBJECT: A request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliott Court. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C - Z" Conditional Zoning District located at 811 Elliott Court. The applicant is requesting the rezone for the purpose of expanding their commercial parking lot. It would not appear that rezoning the land to allow for the area to be used as a parking lot would have a negative impact upon the surrounding area as long as the parking lot is properly screened from the nearby residential uses. The proposed rezone request covers 0.41 acres of land just located to the north of 3533 Cedar Terrace Drive at the site known as 811 Elliot Court. The Zoning Ordinance requires that for parking areas containing more than four parking stalls that is be effectively screened on each side adjoining property situated in a Residence District or any institutional premises, except when the adjoining property is used for professional office or multi -family, by a wall of densely planted compact hedge, except, if the closest point of such parking area is at least 100 feet from the nearest residential or institutional property line or across a street. Once the land is rezoned for conditional commercial uses, it will be necessary to screen the parking area from the residential uses along Elliot Court to the west. The applicant may want to consider keeping some of the landscaping that is currently there to screen the new parking lot. At this time, a detailed site plan of how the new parking lot will lay out and how many spaces it will have has not been submitted to determine if any screening would be required. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer At the February 4, 2014 Planning, Programming and Zoning meeting, the Commission voted unanimously in favor of the rezone request. Please find attached to this letter a staff report, aerial photo and legal description. Therefore, staff would request to set the date of public hearing as March 10, 2014 for a request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliott Court, and publish the pertinent notice. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use, and Economic Development Alternative: Background Information: Stainless Plus began their operations at this site in 2006 when they initially constructed the building that is currently on the site. Legal Description: See attached NA:ta cc: Aric Schroeder, City Planner --file-- REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: 2.4.14 — 811 Elliot Court — R2 to Cl CZ February 4, 2013 Request to rezone approximately 0.41 acres from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District, located at 811 Elliott Court. Stainless Investments, LLC, 811 Elliot Court, Waterloo, IA 50702 The applicant is requesting the rezone for the purpose of expanding their commercial parking lot. It would not appear that rezoning the land to allow for the area to be used as a parking lot would have a negative impact upon the surrounding area as long as the parking lot is properly screened from the nearby residential uses. The proposed rezoning request would not appear to have a negative impact upon vehicular or pedestrian traffic in the area. The location in question is located near the intersection of Cedar Terrace Drive and East Shaulis Road, and both streets are classified as Minor Arterials. There are no recreational trails within the immediate vicinity of the area in question. The rezone area in question is zoned "R-2" One and Two Family Residence District, and has been zoned as such since the adoption of the Zoning Ordinance. Surrounding land uses and their zoning are as follows: North — Vacant farm ground, zoned "R-2" One and Two Family Residence District. South — Existing light industrial development, zoned "C -1,C -Z" Conditional Zoning District. East — Vacant farm ground, zoned "R-2" One and Two Family Residence District. West — Existing residential development, zoned "R-2" One and Two Family Residence District. The surrounding area is mostly comprised of single-family housing, as well as vacant farm ground, with the exception of the light industrial development located south and adjacent to the parcel in question. This light industrial development was established in 2007, and most of the residential development in the nearby area was developed from the 1950s to the 1980s. Rezoning of the property for parking purposes would require that it be properly screened from the nearby residential uses to the west if the parking area will contain more than four parking spaces. Rezoning the land for parking purposes would not appear to have a negative impact upon drainage in the area as long as a proper storm water detention plan is submitted and executed to mitigate any drainage concerns. Page 1 of 2 1 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 4, 2013 No portion of the rezone area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. Lloyd Randall Park is located approximately 1/4 of a mile to the south and east at the intersection of East Shaulis Road and Foulk Road. There is an 8" sanitary sewer located within Cedar Terrace Drive. There is no storm sewer in the area. The Future Land Use Map designates this area as Low Density Residential. The rezone request is not in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The proposed rezone request covers 0.41 acres of land just located to the north of 3533 Cedar Terrace Drive at the site known as 811 Elliot Court. The applicant is intending to construct a new parking lot upon the property to serve their growing business. The intention is to demolish the house at 811 Elliott Court and remove some of the trees as well. The Zoning Ordinance requires that for parking areas containing more than four parking stalls that it be effectively screened on each side adjoining property situated in a Residence District or any institutional premises, except when the adjoining property is used for professional office or multi -family, by a wall of densely planted compact hedge, except, if the closest point of such parking area is at least 100 feet from the nearest residential or institutional property line or across a street. Once the land is rezoned for conditional commercial uses, it will be necessary to screen the parking area from the residential uses along Elliott Court to the west. The applicant may want to consider keeping some of the landscaping that is currently there to screen the new parking lot. At this time, a detailed site plan of how the new parking lot will lay out and how many spaces it will have has not been submitted to determine if any screening would be required. There is no platting required as a part of this request. Therefore, staff recommends that the request to rezone from "R-2" One and Two Family Residence District to "C -1,C -Z' Conditional Zoning District be approved for the following reasons: 1. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 2. It would not appear that rezoning the land to "C -1,C -Z" Conditional Zoning District would not have a negative impact upon the surrounding area. 2.4.14 — 811 Elliot Court — R2 to C1 CZ Page 2 of 2 2 City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 •sturn IIIM MI MIIIIII-M IIIIME 111111.41.111101M iik %lin= art NOM MI MI NM IMI loom —Elm mff- -- - .1-- um rni"1111111MEINO MI—SNI__ �..-�MIMINM / ■��M ill I I 111 811 Elliott Court Rezone R-2 to C-i,C-Z Stainless Investments, LLC 3 City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 811 Elliott Court Rezone R-2 to C -4,C -Z Stainless Investments, LLC. 4 SITE PLAN STAINLESS PLUS BUILDING ADDITION 3533 TERRACE DRIVE .- �ST'�✓� CITY OF WATERLOO, IOWA OWNER/ DEVELOPER STAINLESS PLUS, INC. 3533 CEDAR TERRACE DR. WATERLOO, IA 50702 ZONING C-1, C-2 CONDITIONAL ZONING COMMERCIAL DISTRICT LEGAL DESCRIPTION UNMATED WATERLOO WEST PART S 1/2 SE 1/4 SEC 7 T 88 R 12 BEG AT INTERS W LINE SAID SE 1/4 do RELY ROW UNE GP! RD #258 TH 14 174.33 FT ALONG SAID W UNE TH S 84 DEG. 54 MIN 49 SEC E 176.92 FT TH N 99.84 FT TH E 124.57 FT TH S 481.73 FT TO ROW LINE SAID #258 TH N 53 DEG 25 MIN 02 SEC W ALONG SAID ROW LINE TO PT OF BEG & EASE P�tf�,�,5 N89' 46' 46"E 126.33' 20' SETBACK z 0 t0 O r 0 Qr N ' O 0 I LOCATION MOE In 0 CO 0 ES u 0 rr1 FEATURE. LEGEND o PROPERTY CORNER SET • PROPERTY CORNER FOUND A. SECTION CORNER FOUND 100.00 DIMENSION OF 51./RVET (100.00) DIMENSION OF RECORD - G - EXISTING OAS - ST - EXISTING STORM SEWER -SAN- EXISTING SANITARY SEWER - T - EXISTING TELEPHONE - C - EXISTING GABLE -- E - EXISTING ELECTRIC W - EXISTING WATER -GNU- EXISTING OVERHEAD UTIL FO - EXISTING FIBER OPTIC —//— EXISTING FENCE C( EXISTING IJOHT POLE -0- EXISTING XT1UI1 POLE EXISTING ELECTRICAL BOX EXISTING MANHOLE EXISTING FIRE HYDRANT EXISTING WATER VALVE O 0 N EXISRNC CAS VALVE ED EXISTING TELEPHONE PED. ••® EXISTING TREE -000- EXISTING CONTOURS - GM- PROPOSED CONTOURS 7000.0D PROPOSED CRATES x000.00 EXISTING CRADES PROPOSED SILT FENCE OUTLET PIPE 20 Lf 6' a SDR 23.5 Pvt' 0 0.505 OUTLET. 836.25 PROPOSED DETENTION POND TOP EL- 537.60 BOTTOM EL- 536.35 OUTLET.. 836.35 PROPOSED DETENTION BASIN NOTES f. DESIGN PARMETERS' A. FASTING SITE • 6 YEAR STORM 8. PULLY IMPROVED SITE -15 YEAR STORM 2. ALLOWABLE SITE RELEASE A 6 YEAR STORM 1.65 CFS g. TOTAL STORGE VOLUME REQUIRED -1448 CLOG FEET 4. CRm0AL STORM DURATION .14 MINUTES 6. TOTAL DETENTION STORAGE PROVIDED:166I GU FT 0 871.80 POOL ELEVATION NORTH q 25 50 100 FP ut ` XIIS•SNNT01fr QQQ.E.••I:(b,% f,z 15557 m i u: Jim D. • `=y> Ellis ' e /o*ngn11f1„M* I hereby certify that this engine. ring document was prepaPhreadt bI y a me a odr uub'ndler mys dPirct personal supervision thed .ltheSLae ocelneswev. rofass rano! Engineer ander / 07 J 141 D. ELLIS, P.E. License number 15557 December Pages sorarenewal dote sheetscovered byseat: t 2008 II DATE '31, Z - SITE PLAN' STAINLESS PLUS VJ Engineering .j 1501 Technology Parkway kJ, Cedar Falls, Iowa — 319-266-582.9 seals 1-.50' Z droSJL by 9 dais i` 5-22—U/ revisions dale 5 APPLICATION FOR REZONING Si k`-e_Ply, it CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): 5 ck 1e,5, eS fN+c&fir LC Cl© (,.T4..,es C Address: g! j ELL i 07-T (.7' Phone: 319-•.296.2)/ 4 Fax: 319- . 96.23 4© City: W 1-e✓t co State: yl Zip: $-D7 C)'1 b. Status of applicant: (a) Owner ✓ (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: rt L t_ 1 oil" Cr .44. lexv-Ac.e. 811 6'1'44- L' -- 44 :53 std ref., b. Legal description of property to be rezoned: Parice I 8 e¢ t4 fe,e7 lee Doc, .?004 -0 2D41 *CS( et.i ec -4 f e fk! Set` ? T &e' IQ f.) 4.t- a pea''i.e c t, L:v�•,c t P Sr 1141 wkrc.... Is t?4.33 rt.11? 04' Nett' f'o,j [-hve ® f feiv-a.ce pi? Th � 1 Qe5 s`f r :*, 416f5eC ' /it*. ?1 0- fh A' foto. 30 F# yt,g7 tie, '5% issdw 419' $cc w rite.`ib €f id Siad W Aiwa t:tf a IA v` 9? lel 46 PT es seg do -tot . . c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): I o a,3 7( i 7 t,.91 d. Area of Proposed Zoning Boundary (Excluding Right of Way): t o d ,3n, . q e. Current zoning: / - ? Requested zoning: C .2 {- C 2 f. Reason(s) for rezoning and proposed use(s) of property: tte. o.,e_ t- ouye q,,.,� -Frees *NS t tt ttjj Park: • Li, f- � tS, J1LS� Kr v` s '- 14d1 60 `f4c: r te'1 c h tic& e.c.✓L'�i p1{flccKsiu•ra g. Conditions (if any) agreed to: t h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. if it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. gnature of Applicant /Cofrti Date Si ature of Owner fiti Date 6 811 Elliott Court - Rezone R-2 to C-1, C-Z Property to be rezoned for New Parking Lot Applicant's Existing Busine 7 LE - A Parcel "B" of Survey recorded in Doc # 2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa Subject to highways and easements of record. STATE OF IOWA, Black Hawk County, SS NOTICE OF PUBLIC HEARING ON REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 10th day of March, 2014, at 5:30 p.m. in the Law Court Theater, Waterloo Center for the Arts of Waterloo, Iowa, a public hear- ing will be held by the Council of the City of Waterloo, Iowa, on the request by Stainless Investments, LLC of Waterloo, Iowa, to approve the request by the City of Waterloo to rezone 0.41 acres of land from "R-2" One and Two Family Resi- dence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliott Court, legally described as follows: Rezone "R-2" to "C -1,C -Z" Parcel "B" of Survey recorded in Doc #2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Prin- cipal Meridian in the City of Waterloo, Black Hawk County, Iowa. Subject to highways and easements of record. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Wa- terloo this 24th day of February, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo RZ — Stainless Investments LLC Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 3rd day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $15.73 Signed Subscribed and sworn to before me this I Day of Ip JODI E MCKINSTRY COMMISSION NO.782413 MY CO? IS 1 EXPIRES 4 PRa,rA.D., 20 14 Received of Notary Public the sum of Dollars. In full for publication of the above notice. STATE OF IOWA, Black Hawk County, SS NOTICE OF PUBLIC HEARING ON REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 10th day of March, 2014, at 5:30 p.m. in the Law Court Theater, Waterloo Center for the Arts of Waterloo, Iowa, a public hear- ing will be held by the Council of the City of Waterloo, Iowa, on the request by Stainless Investments, LLC of Waterloo, Iowa, to approve the request by the City of Waterloo to rezone 0.41 acres of land from "R-2" One and Two Family Resi- dence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliott Court, legally described as follows: Rezone "R-2" to "C -1,C -Z" Parcel "B" of Survey recorded in Doc #2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Prin- cipal Meridian in the City of Waterloo, Black Hawk County, Iowa. Subject to highways and easements of record. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Wa- terloo this 24th day of February, 2014. Suzy Schares City Clerk ,P,' •. JODI E MCKINSTRY * ' ` ; " MY (MI '��bION NO.78�2ES 'OMP i 1/yp I do solemnly swear that the annexed copy of legal City of Waterloo RZ — Stainless Investments LLC Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 3rd day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $15.73 Signed Subscribed and sworn to before me this 14 Day of mc.af-a \ c E- Mc/6'1,u Notary Pub1j A.D., 20 14 Received of the sum of Dollars. In full for publication of the above notice. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: .®-- --� # of Attachments: SUBJECT: Set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC, for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x 60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC, for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x 60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive The applicant is requesting to expand their existing building located at 3533 Cedar Terrace Drive. The applicant is also requesting to expand their vehicular use area to the northwest of the building. As noted, the site in question is zoned "C -1,C -Z", and due to it being conditionally zoned, and based on the size of the proposed development, it is necessary that it go through a site plan review process before the Planning, Programming and Zoning Commission for recommendation and City Council for approval It would not appear that the site plan amendment would have a negative impact upon the surrounding area, as the new addition and expanded parking area would be consistent with the existing development upon the site. Expansion of the parking are may require that it be properly screened from the nearby residential uses to the west if the parking area will contain more than four parking spaces. As a part of the building permit process, staff will look at the submitted site plan for the building expansion and determine if additional landscaping would be required. There is an 8" sanitary sewer located within Cedar Terrace Drive. There is no storm sewer in the area. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Staff is recommending approval of the request, as it is located within the Primary Growth Area, it would not appear to have a negative impact upon traffic conditions in the, as well as not have a negative impact upon the surrounding area. Also, the proposed development is a good infill development project and can be serviced by the extension of existing utilities in the area. At their February 4, 2014 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the request for site plan amendment, subject to the final site plan meeting all applicable city codes, regulations, etc., but not limited to drainage, parking landscaping, etc. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development, Land Use Alternative: Background Information: Stainless Plus began their operations at this site in 2006 when they initially constructed the building that is currently on the site. Legal Description: See attached ta:NA Cc: Aric Schroeder, City Planner --file-- REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: February 4, 2013 Request for a site plan amendment to the "C -1,C -Z" Conditional Zoning District located at 3533 Cedar Terrace Drive Stainless Investments, LLC, 811 Elliot Court, Waterloo, IA 50702 The applicant is requesting the site plan amendment for the purpose of constructing a 20'x 60' (1,200 SF) addition to their existing building, as well as expand their vehicular use area. It would not appear that the site plan amendment would have a negative impact upon the surrounding area, as the new addition and expanded parking area would be consistent with the existing development upon the site. As long as proper screening is put in place, it would not appear to detract from the area. The proposed site plan amendment request would not appear to have a negative impact upon vehicular or pedestrian traffic in the area. The location in question is located near the intersection of Cedar Terrace Drive and East Shaulis Road, and both streets are classified as Minor Arterials. There are no recreational trails within the immediate vicinity. The site in question is zoned "C -1,C -Z" Conditional Zoning District, and has been zoned as such since December of 2001. Surrounding land uses and their zoning are as follows: North — Vacant farm ground, zoned "R-2" One and Two Family Residence District. South — Existing light industrial development, zoned "C -1,C -Z" Conditional Zoning District. East — Vacant farm ground, zoned "R-2" One and Two Family Residence District. West — Existing residential development, zoned "R-2" One and Two Family Residence District. The surrounding area is mostly comprised of single-family housing, as well as vacant farm ground, with the exception of the light industrial development located south and adjacent to the parcel in question. This light industrial development was established in 2007, and most of the residential development in the nearby area was developed from the 1950s to the 1980s. Expansion of the parking are may require that it be properly screened from the nearby residential uses to the west if the parking area will contain more than four parking spaces. As a part of the building permit process, staff will look at the submitted site plan for the building expansion and determine if additional landscaping would be required. It may be necessary that a new storm water detention plan is submitted for review to the Engineering Department due to the new 2.4.14 — 3533 Cedar Terrace - SPA Page 1 of 3 8 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: February 4, 2013 addition and the expanded parking area, unless the current storm water detention area on the site is adequately sized to handle the new addition and parking area. No portion of the rezone area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. Lloyd Randall Park is located approximately �/4 of a mile to the south and east at the intersection of East Shaulis Road and Foulk Road. There is an 8" sanitary sewer located within Cedar Terrace Drive. There is no storm sewer in the area. The Future Land Use Map designates this area as Low Density Residential. The request for site plan amendment related to a light industrial use is not in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The applicant is requesting to construct a new 20'x 60' (1,200 SF) addition to the north side of their existing building located at 3533 Cedar Terrace Drive. The applicant is also requesting to expand their vehicular use area to the northwest of the building. As noted, the site in question is zoned "C -1,C -Z", and due to it being conditionally zoned, and based on the size of the proposed development, it is necessary that it go through a site plan review process before the Planning, Programming and Zoning Commission for recommendation and City Council for approval. Whenever any application for a conditional zoning permit as an amendment to the Zoning Ordinance is submitted, it must be accompanied or supported by specific plans and design for the particular development and use. The applicant shall submit a detailed site plan defining any areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveway, points of ingress and egress, the location and height of walls, the location and type of landscaping, the location, size and types of signs, and detailed drawings indicating the architectural characteristics of said development. The only thing that has been submitted to staff at this time is a site plan that shows the proposed location of the addition on the north part of the existing warehouse, which is all within the required setbacks for the zoning district. No building layout plans, building elevation plans or parking layout plans have been submitted to staff for review. Looking through the previous site plan amendment file from 2006 for the property in question, there are building layout plan and building elevation drawings. Staff would feel it is necessary to see the layout of the proposed addition, what its use will be and what the exterior will look like, as these things are taken into consideration as a part of the site plan amendment process to ensure that the proposed development 2.4.14 — 3533 Cedar Terrace - SPA Page 2 of 3 9 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 4, 2013 would fit in with the existing area and what is already upon the site. It should be noted that it would appear that the vehicular use areas currently on the site appear to be gravel, and if the applicant is looking to expand their parking area, it would need to be an approved hard surfacing such as concrete or hot mix asphalt. If the applicant wishes to construct the new parking area out of gravel, it will be necessary to apply and obtain a variance through the Board of Adjustment to do so. There is no platting required as a part of this request. Therefore, staff recommends that the request for a site plan amendment to the "C -1,C -Z" Conditional Zoning District to allow for the expansion of an existing vehicular use area and a 1,200 SF addition to the existing building located at 3533 Cedar Terrace Drive be approved for the following reasons: 1. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 2. The proposed building and parking expansion area would not appear to have a negative impact upon the surrounding area. 3. The proposed development would not appear to have a negative impact upon traffic conditions in the area. 4. The proposed building can be serviced by the extension of existing utilities in the area. And subject to the following condition(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2.4.14 — 3533 Cedar Terrace - SPA Page 3 of 3 10 City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 0 12 l&- 1111111. 111104 ummos* lol iiiikotv *Olk ligmanitt osim* or-- -- a .. • Al _ '' = -= 11 —p 441.••• ► UI A-1 R-4 R-3 C-2 C -I '\ 40o R -4;R -P 3533 Cedar Terrace Drive C -1,C -Z Site Plan Amendment Stainless Investments, LLC City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 3533 Cedar Terrace Drive C-i,C-Z Site Plan Amendment Stainless Investments, LLC. 12 SITE PLAN STAINLESS PLUS BUILDING ADDITION 3533 TERRACE DRIVE - QST' CITY OF WATERLOO, IOWA OWNER/ DEVELOPER STAINLESS PLUS, INC. 3533 CEDAR TERRACE DR. WATERLOO, IA 50702 ZONING C-1, C–Z CONDITIONAL ZONING COMMERCIAL DISTRICT LEGAL DESCRIPTION UNPEATTED WATERLOO WEST PART S 1/2 SE 1/4 SEC 7 T 88 R 12 BEG AT INTERS W LINE SAID SE 1/4 & NELY ROW UNE CTY RD 1258 TH N 174.33 FT ALONG SAID W UNE TN S 84 DEG. 54 MIN 49 SEC E 176.92 FT TH N 99.84 FT TH E 124.57 FT TH S 481.73 FT TO ROW UNE SAID #258 TN N 5.3 DEG 25 MIN 02 SEC W ALONG SAID ROW LINE TO PT OF BEG & EASE N89' 46' 46"E S85'21'261. 176.91' FEATURE LEGEND o PROPERTY CORNER SET • PROPERTY CORNER FOUND .4 SECTION CORNER FOUND 100.00 DIMENSION Of SURVEY (100.00) DIMENSION Of RECORD – 0 – EXISTING ohs – ST – EXISTING STORM SEWER –SAN– EXISTING SANITARY SEWER – T – EXISTING TELEPHONE - C – EXISTING GABLE - E – EOf150N0 ELECTRIC -- W – EXISTING WATER –014U– MISTING WFRNEAO U21L – CO – EXISTING FIBER OPTIC --'//— EXISTING FENCE Ci 011011N0 UGNT POLE -0- EXIStINC UTILITY POLE E3 EXISTINC ELECTRICAL BOX O EXISTING 6UNHOLE 4 EXISTING FIRE HYDRANT )01' EXISTING WATER VALVE N EXISTING GAS VALVE W EXISTING TELEPHONE PED. 40- ® 035T1NG TREE –000– EXISTING CONTOURS –CD– PROPOSED CONTOURS )3(000.00 PROPOSES GRADES X0110.00 EXISTING GRADES PROPOSED SILT FENCE OUTLET PIPE 20 IF 6' a SDR 23.5 Pv0' 0 0,505 OUTLET- 836.25 PROPOSED DETENTION POND TOP EL•e 837.60 BOTTOM EL– 636.35 OUTLET, 836.35 PROPOSED DETENTION BASIN NOTES L 00510N PARMETERO: Alcamo SITE • 6 YEAR STORM I. FULLY IMPROVED STYE- 10 YEAR STORM L ALLOWABLE SIE RELEASC A. YEAR STORM • 145 CFO S. TOTAL STORGEVOLUME REOVIRED-1044 CUBIC FEET 4. CRITICAL STORM DURATION -14 MINUTES 6. TOTAL DETENTION sTOMGE PROVIDED: 1661 Cu FT 4 67140 POOL ELEVATION NORTH 0 25 50 100 pwasswoosszassawascaussarrararai .I,N£15516ry,'II „A QT-..•••-•.� 4 =+uP;' Licensed % -, 15557 :z= ;u.. Jim D. M; Ellis "= J'. T * v%,7T''4" ''pr ^e.unai�iYimina°s I hereby certify that this engineering document was preparedme or der mydirect personal u ervlsion nd ,that byr a duly licensd Professional EnROreco under the1P f lNe Slate of lows. / I/-�ij� (o/f2107 J D. ELLIS. P.E. III DATE License number 15557 My license renewal dote in December 31, 2008 PoOes or sheets covered by thiscool: 51.,..x— 10.0-I SITE PLAN STAINLESS PLUSfe ` YJ Engineering ?j 1501 Technology Parkway Y Cedar Falls, Iowa — 319-266-5829 00011 drawn by SJL i dote 5-72-D( revisions date j 13 APPLICATION FOR REZONING d Sr % P A?4 -a" CITY OF WATERLOO PLANNING, PROGRAMMING --- AND — AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): 51-1A,`,..." /tzs s 4. x/ V e S i-nr+e...,1rL C es c Address: // EC4 ► OTi CT Phone: 319-.216-2315' Fax: 3/9- alio• 23 4b City: WcAtc-too State: Y} Zip: CD (7 i b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: +L‘4 a. General location of property to be rezoned: I` L L I o i -F- CT- .4. Ce_d w.r (Lr rcac ,pal (I ELi— n.. } 3S3S reit,/ Tef/.tt-e.Q' b. Legal description of property to be rezoned: Pav ce I 8 a f 5,4 et, e7 Rec. Ore c.. 004 -o 2D4 t OC -5c v pc.r4 e f S C //ti SC, ? T figR t ac ct f- o. poi #t, lc c✓ L:vt.e c9`FSr'JY wk'Pc..h t Ft/0'm Nely RN./ L-Jnvc Bf 1e,re.ce pi? Th fY Oe$ SLI rrb - 4161 Se I?lo. ?a 0- 1 tJ 1047.30 F+ p487 tie, 61,.**4w 41 5cc w 176.(16 F+- ) St'd w Aiwa 67c -1 14 5 9? F+ 40 PTS Beg do4C- _ eLfrcr- c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): f o 0.3 7( I 7 c,.91 d. Area of Proposed Zoning Boundary (Excluding Right of Way): / a 0 •3 t y6.91 e. Current zoning: / _ ? Requested zoning: C . -- C 2 f. Reason(s) for rezoning and proposed use(s) of property: („.M a.a e- H.o u c. 4~d 4 rees Ns tt par k....s L, , 4- ( t 4) V pkat ertAx l–: 60`K -Cr �1.0 c� cl �h,n� p g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. f) C g.ignature of Applicant ft* Date • hti Si Tature of Owner Date 14 3533 Cedar Terrace Drive C-1, C -Z Site Plan Amendment T 15 e2of2 P• Y , ,iott A/tl e t Exhib! cbtett/aWm4QUe ant ed That part,of the South 1/2 of the Southeast Quarter of Section 7, Township 88 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the point of intersection of the West line of said Quarter and the NE-Iy right-of-way line of County Road No. 258 (Cedar Terrace Drive); thence North 00°00' East, 174.33 feet, along said West line; thence South 84°54'49" East, 176.92 feet; thence North 00°00' East, 99.84. feet; thence North 90° East, 124.57 feet; thence South 00°00' West, 481.73 feet, to the NE-ly right-of-way line of said Road; thence North 53°25'02" West, along said right-of-way line, to the point of beginning. AND Parcel "B" of Survey recorded in Doc # 2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa Subject to highways and easements of record. 1 STATE OF IOWA, Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 10th day of March, 2014, at 5:30 p.m. in the Law Court Theater, Waterloo Center for the Arts of Waterloo, Iowa, a public hear- ing will be held by the Council of the City of Waterloo, Iowa, on the request by Stainless Investments, LLC of Waterloo, Iowa for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive, legally described as fol- lows: That part of the South %z of the South- east Quarter of Section 7, Township 88 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the point of inter- section of the West line of said Quarter and the Northeasterly right-of-way line of County Road No. 258 (Cedar Terrace Drive); thence North 00°00' East, 174.33 feet, along said West line; thence South 84°54'49" East, 176.92 feet; thence North 00°00' East, 99.84 feet; thence North 90° East, 124.57 feet; thence South 00°00' West, 481.73 feet, to the Northeasterly right-of-way line of said Road; thence North 53°25'02" West, along said right-of-way line, to the point of beginning. AND Parcel "B" of Survey recorded in Doc #2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Prin- cipal Meridian in the City of Waterloo, Black Hawk County, Iowa. Subject to highways and easements of record. Anyone interested may appear at that time and place and be heard or may file written objection with the City Clerk, City Hall, in Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Wa- terloo this 24th day of February, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo SP Amendment — Stainless Investments Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 3rd day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $23.59 t Le.Signed Subscribed and sworn to before me this 14 Day of rrvl$d\. 4��_At It 0 • JODI E MICKINSTRY COMMISSION NO.782413 MY CO u ! a PIRES A.D., 20 14 Received of (LCJjjj 4aitti Notary Public the sum of Dollars. In full for publication of the above notice. STATE OF IOWA, Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 10th day of March, 2014, at 5:30 p.m. in the Law Court Theater, Waterloo Center for the Arts of Waterloo, Iowa, a public hear- ing will be held by the Council of the City of Waterloo, Iowa, on the request by Stainless Investments, LLC of Waterloo, Iowa for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive, legally described as fol- lows: That part of the South Y of the South- east Quarter of Section 7, Township 88 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the point of inter- section of the West line of said Quarter and the Northeasterly right-of-way line of County Road No. 258 (Cedar Terrace Drive); thence North 00°00' East, 174.33 feet, along said West line; thence South 84°54'49" East, 176,92 feet; thence North 00°00' East, 99.84 feet; thence North 90° East, 124.57 feet; thence South 00°00' West, 481.73 feet, to the Northeasterly right-of-way line of said Road; thence North 53`25'02" West, along said right-of-way line, to the point of beginning. AND Parcel "B" of Survey recorded in Doc #2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Prin- cipal Meridian in the City of Waterloo, Black Hawk County, Iowa. Subject to highways and easements of record. Anyone interested may appear at that time and place and be heard or may file written objection with the City Clerk, City Hall, in Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Wa- terloo this 24th day of February, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo SP Amendment — Stainless Investments Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 3rd day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $23.59 e (4 Signed Subscribed and sworn to before me this Day of 1 JODI E MCKlNSTRY COMMISSION NO.782 s .. MY CO A 1t4 f C\ A.D., 20 �L Received of /ocLD. 0.616.4,btht) Notary Public the sum of Dollars. In full for publication of the above notice. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward S TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 2/10/14 Prepared: 02/05/14 Dept. Head Signature: eC # of Attachments: 3 SUBJECT: Submitted by: Service Area #15 and #16 Phase I CIP Pipe Lining Larry N. Smith, WMS Superintendent Recommended City Council Action: Attached for your consideration is a set of contract documents for the above referenced project. We recommend approval and set the date of bidding to be March 10, 2014 Summary Statement CIP Lining for approximately 41/a miles of sanitary sewer in Service Area #15 and #16 Expenditure Required $1,000,000.00 Source of Funds Sewer bond Policy Issue Alternative WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer A=COM February 5, 2014 Mr. Larry Smith Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16 AECOM #60185826 (60163564) Dear Larry, AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Enclosed please find two (2) copies of the plans and specifications for the above -referenced project. We propose this be submitted to Council on Monday, February 10, 2014, to begin advertising; and we propose receiving and opening bids on March 10, 2014. We should discuss the completion date before we advertise; however, based on our discussions with potential bidders, they have been affected by the winter weather and are backlogged. The actual work may be in the four-month range, but we suggest giving them six to seven months to complete. This could affect the bid prices. In any event, we recommend we begin advertising to get it going. If you have any questions, please let us know. Yours sincerely, Robert E. Barns Enclosures: As Noted L:\work\project\60304092\300-Communications\310 Client\2-5-2014 IsSA 15&16 Spec -For Council Aprvl.docx STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429584 BIDS SANITARY SEWER IMPROVEMENTS notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/24/2014, in the issues of 02/242014 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $166.07 Subscribed and sworn to before me this C(s day o C Notar Public Received of (''vt(Atztui I � f the sum of Dollars in full for publication of the above invoice. Notary Seal: JODI E AMDK M'SSDAY 1SS'• NO 7p IES COURIER,-, NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the SANITARY SEWER IMPROVEMENTS SERVICE AREAS NO. 15 AND NO. 16 CIP PIPE LINING PHASE I In the City of Waterloo, Iowa CONTRACT NO. 866 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 10th day of March, 2014, un- til 4:00 p.m. for the construction of the SANITARY SEWER IMPROVEMENTS, SERVICE AREAS NO. 15 AND NO. 16, CIP PIPE LINING, Contract No. 866, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA, on the 10th day of March, 2014, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hear- ing on the proposed plans, specifica- tio, < form of contract, and estimate of CO' de p.r be tel cu ph an MI an CI PE ter be S ti d tE 1! SaEVONv1S HelH — pug awe Mau (ouei a41 k NMOEIH1 EIVONVH ONII.dE SS3aa 8 aa (nnoownn oi saasuV) shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the infor- mation listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor sub- mitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a sepa- rate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered un- der the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certi- fied check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be •nw. nrpeduDon liq- 4s-ea gr.ioN }saA ,I}nos fact}taH :afgaiaufnA u}nog :iafeaa z L o t t) b 8 x 9 x V A £ 6 q}noS V. 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(es p no,( Buidoe 'pull' sema io Jnej wag of Buio5 s,aq Num Loop iuew pia UIIIBwI!: P itk DOC aIZZ snow .ieME .. n, LI :aa 'SL 3080V: WONOO[ imgramire 31111ILW 3111111 OlHIS 'paniasaa sty6lki IIV -- Oil 'd0ua6V IueluoO eunquj bt05 m num mom I O'a'Q 'spa oM'(aeu!pao ano} w.1( `aienbs yoea of aaiial `saawnr JnoJ °saw ainwean STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429584 BIDS SANITARY SEWER IMPROVEMENTS notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/24/2014, in the issues of 02/24/2014 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $166.07 Signed Subscribed and sworn to before me this day of Ftqsaittiti QcLiC NI(LICALII y Public Received of r (WILI the sum of Dollars in full for publication of the above invoice. Notary Seal: JIODI E MO ONSTRY COMMISSION NO.78 2412 my co ol M COURIER NOTICE OF PUBLIC HEARING shall consider the unit bid price as being On Proposed Plans, Specifications, the valid unit bid price. Form of Contract, The bidder has the option to submit a And Estimate of Cost and the computer-generated spreadsheet in NOTICE TO BIDDERS lieu of the portion of the Form of Bid or For the Taking of Construction Bids Proposal, which includes the Bid Item For the Number, Description, Unit, Estimated SANITARY SEWER IMPROVEMENTS Quantity, Unit Bid Price, Total Bid Price SERVICE AREAS NO. 15 AND NO. 16 and Total Bid. The computer-generated CIP PIPE LINING spreadsheet shall include all of the infor- PHASE I mation listed in that portion of the Form In the City of Waterloo, Iowa of Bid or Proposal as well as bear the CONTRACT NO. 866 signature of the Prime Contractor sub - RECEIVING OF BIDS mitting the bid. For the bidders who Sealed proposals will be received by the submit a computer-generated spread - City Clerk of the City of Waterloo, Iowa, sheet, the TOTAL BID (with alternates, if at her office in the City Hall of the said applicable) shall also be indicated in the City on the 10th day of March, 2014, un- space(s) provided on the Form of Bid or til 4:00 p.m. for the construction of the Proposal. SANITARY SEWER IMPROVEMENTS, BID SECURITY REQUIRED SERVICE AREAS NO. 15 AND NO. 16, All bids must be accompanied in a sepa- CIP PIPE LINING, Contract No. 866, rate envelope by a certified or cashier's as described in detail in the plans and check drawn on an Iowa bank, or a bank specifications now on file in the Office of chartered under the laws of the United the City Clerk. States, a certified share draft drawn on OPENING OF BIDS a credit union in Iowa or chartered un - All proposals received will be opened in der the laws of the United States, or bid open Council meeting to be held in the bond, (on the form furnished by the City) Law Court Theater at Waterloo Center payable to the City of Waterloo, Iowa, for the Arts, 225 Commercial Street, in the sum of not less than five percent Waterloo, IA, on the 10th day of March, (5%) of the bid submitted, which certi- 2014, at 5:30 p.m., and the proposals fied check, certified share draft or bid will be acted upon at such later time and bond will be held as Security that the place as may then be fixed. Bidder will enter into a Contract for the PUBLIC HEARING construction of the work and will furnish Notice is hereby given that the Council the required bonds, and in case the of said City will conduct a public hear- successful Bidder shall fail or refuse to ing on the proposed plans, specifica- enter into the Contract and furnish the tions, form of contract, and estimate of required bonds, his bid security may be cost for the construction of the above- retained by said City as agreed upon liq- described improvement project at 5:30 uidated damages. If bid bond is used, it p.m. on March 10, 2014, said hearing to must be signed by both the Bidder and be held in the Law Court Theater at We- the enret., nr a„ref.,'c enact Rinnature of }sea ,11.0N ;self glnoS iag;taN : alga tautnn q;nog :.lateaQ Z L OI a t- 9 N 9 N V £ 6 V + q}nog V4 £594 L601? • £ 9 I V • S OI a A Z s. L 6 f A Z 1's 9 OI 4 8 }sea }sem I, 8 6 I N 4 Z £s A LIax .j 17I-4Z-ZO g}=°N SC1EIVONVIS HJIH — pug aullJle Mau Roue; eq± :JaMsuV NMO)dHl !dVJNVH oNI)dO SS31:14 :sa)gwnp (MOJJowol SJBMSUV) (Y v Y .uoope0 snow ay; /q pe1se66ns se 'JaMSUe OSUdJRs eql two; et &Ja;lal Papp ata 86UEJJB MON �WtIO �H1 ONINNIM '238A 1d 2i >10d AI>I002f X1--11 210- Aes p not( 6uldoq 'pup' ( sent I e /o Jno leeq of 6u ob 8,04 ifu!UI i.uop I 3 ;u. alzzn sno!AeJ, JaMsl •• :aa 'St 2080V2 VVONOOV' ....3.111g co OIHIS 0-1 B 3 penlese 8146!8 IIV e6y lueluoo eunqul EOZ® I41111111111141101111101 .spJOM J(Jeu!pjo Rio; WIC Phase I — CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866 March 10, 2014 Bid Tab Estimate: $1,000,000.00 Bid Security Required Bidder Bid Security Bid Amount Municipal Pipe Tool Co., LLC 515 5th Street, Box 398 Hudson, IA 50643 0 5 /0 $641,171.36 Sak Construction, LLC 864 Hoff Rd. O'Fallon, MO 63366 5% $678,003.85 Visu-Sewer, Inc. W230 N4855 Betker Drive Pewaukee, WI 53072 5% $848,443.60 Phase I — CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866 March 10, 2014 Bid Tab Estimate: $1,000,000.00 Bid Security Required Bidder Bid Security Bid Amount Municipal Pipe Tool Co., LLC 515 5th Street, Box 398 Hudson, IA 50643 50 „:7/ d1 i 17 I . I Sak Construction, LLC 864 Hoff Rd. O'Fallon, MO 63366 5°/ b7 gj ([Q(Y�j jS" Visu-Sewer, Inc. W230 N4855 Betker Drive Pewaukee, WI 53072 5°/ i)(6L4Bt (-N3t 6I) Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-165 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATED COST, ETC., IN CONJUNCTION WITH PHASE I - CIP PIPE LINING SERVICE AREAS NO. 15 AND NO. 16, CONTRACT NO. 866. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Waste Management Services of said City to prepare proposed plans, specifications, form of contract, etc., for Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Waste Management Services did file said preliminary plans, specifications, form of contract, etc., for Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, which were preliminarily approved by Resolution No. 2014-109 on February 10, 2014, and WHEREAS, a public hearing, upon notice, was held on March 10, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, etc., for Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 10th day of March, 2014. ATTEST: Q)Z-y Scha City Clerk Ernest G. Clark, Mayor , CMC Coupe:, ' 1 P i..tou- wetAIS D Ke a40 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large O1 Nc( p /face (-d- Pic knot() - 5V°. hct l o r\ CITY OF WATERLOO, IOWA c/elides . COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 02/24/14 Prepared: 02/18/14 Dept. Head Signature: # of Attachments: SUBJECT: Resolution adopting the City of Waterloo Bicycle Master Plan by hereby adopting Chapter 5 Non -Motorized Transportation Component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycle Master Plan. Submitted by: Aric Schroeder, City Planner and Co -Chair of the Waterloo Blue Zones Community Policy Committee on Walkability and Bikeability. Recommended City Council Action: Approval of a resolution adopting the City of Waterloo Bicycle Master Plan. Summary Statement: Planning, Engineering and Traffic staff have been working closely with the Waterloo Blue Zones Community Policy Committee on Walkability and Bikeability, who helped the City develop a Complete Streets Policy for the City of Waterloo, which was recently recognized by the National Complete Streets Coalition as one of the best Complete Streets policies adopted across the nation in 2013. Adoption of the Complete Streets Policy was a required element towards the City of Waterloo's goal of becoming a Blue Zones certified community. Adoption of a Bicycle Master Plan is also a required element towards certification, one of the few remaining for the City of Waterloo to be able to complete certification. City staff worked closely with the Metropolitan Planning Organization in their recent development of the 2040 Long Range Transportation Plan (LRTP), which includes a Chapter 5 on Non -Motorized Transportation component. We are proposing to adopt Chapter 5 of the LRTP as the City of Waterloo's Bicycle Master Plan. In the future, we may want to look at development of a more detailed Bicycle Master Plan specific to Waterloo, but Chapter 5 of the LRTP is a good initial step and will keep us on track for Blue Zones certification. Please find attached a draft resolution, and the Chapter 5 Non -Motorized Transportation component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan which is Exhibit "A" to the resolution and would become the City of Waterloo's Bicycle Master Plan. Expenditure Required: No expenditure is required for the adoption of the plan, however additional discussion is needed regarding the implementation of complete streets and other non -motorized transportation elements identified within the plan, CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer which will have financial implications. In particular, local projects that do not involve federal, state or other funding sources such as grants will need to have additional discussion as to how complete streets elements would be funded. Source of Funds: n/a for adoption of the plan, however additional discussion is needed regarding the source of funding to implement complete streets elements. Policy Issue: Bicycle Master Plan Alternative: The alternative would be to not adopt the Bicycle Master Plan, however adoption of the plan is a requirement for the City of Waterloo to reach Blue Zones Certification, so not adopting the policy will prevent the City from reaching certification. Legal Description: n/a cc: Noel Andersion, Community Planning and Development Director Path: K:\USERS\AR1C-S\City of Waterloo\council letters\Misc - Appeals - Determinations - Other\05-05-13 Council Communication Complete Streets Policy.docx This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. RESOLUTION ADOPTING THE CITY OF WATERLOO BICYCLE MASTER PLAN BY HEREBY ADOPTING CHAPTER 5 NON -MOTORIZED TRANSPORTATION COMPONENT OF THE BLACK HAWK COUNTY METROPOLITAN AREA TRANSPORTATION POLICY BOARD 2040 LONG RANGE TRANSPORTATION PLAN AS THE CITY OF WATERLOO'S BICYCLE MASTER PLAN. WHEREAS, bicycling facilities are a critical component of public space and play a major role in establishing the image and identity of a city, provide vital quality of life to its citizens, and provide a key framework for current and future development; and WHEREAS, the City of Waterloo supports and encourages the expansion of existing and development of new bicycling facilities and supports and encourages the protection and long- term sustainability of bicycling facilities; and WHEREAS, Transportation 2013 adopted Transportation (LRTP); and the Black Hawk County Metropolitan Area Policy Board has developed and on November 14, the Black Hawk County Metropolitan Area Policy Board 2040 Long Range Transportation Plan WHEREAS, Chapter Transportation 5 of said component and includes a "Bicycle Accommodations" section, a "Bicycle Accommodation Plan" section, and an "Applying the Bicycle Accommodation Plan" section which includes elements on implementation of the plan, funding of projects and fiscal constraint, and tracking progress; and LRTP is the Non -Motorized WHEREAS, the Waterloo Blue Zones Project attaches certification for the community to development and adoption of a Bicycle Master Plan; and WHEREAS, as stated in the LRTP, the City of Waterloo is hereby adopting Chapter 5 Non -Motorized Transportation component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycling Master Plan; and WHEREAS, on June 10, 2013 the Waterloo City Council passed Resolution 2013-474 establishing a Complete Streets Policy and the Complete Streets Advisory Committee; and Resolution 2014 - Page 2 WHEREAS, a goal of Complete Streets is to improve the access and mobility for all users of streets in the community by improving safety through reducing conflict and encouraging non -motorized transportation, which includes development and expansion of: 1)shared use paths (off-road bike trails/multi- use paths), 2) bicycle lanes, 3) paved shoulders, 4) shared lanes (bike routes marked by signs and/or pavement markings such as sharrows), and 5) shared roadway (no separate bicycle facility or signage); and WHEREAS, a Bicycle Master Plan provides a method for prioritizing bikeway projects that will guide future development and funding and serve as a resource for improving the safety and transportation options for the residents and visitors of the City of Waterloo; and WHEREAS, specific projects and initiatives recommended in the Bicycle Master Plan will receive additional review by City Council, City staff, and the general public prior to construction. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City of Waterloo hereby adopts the City of Waterloo Bicycle Master Plan attached as Exhibit "A", which is the Chapter 5 Non -Motorized Transportation component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan. PASSED AND ADOPTED this 24th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk EXHIBIT ne Chapter 5 Non -Motorized Transportation Introduction National Policy State Planning Local History and Goals History Goals Public Input Survey Planning Efforts Bicycle/Pedestrian Focus Group Blue Zones and Complete Street Policies Cedar Falls Bicycle/Pedestrian Advisory Committee IA 58 Bicycle/Pedestrian Study Pedestrian Accommodations Safe Routes to School and I -WALK Pedestrian Master Plan Trail System Existing Trail System American Discovery Trail Trail Use Soft Trails Water Trails Prairie Pathways Cedar Valley Trails 911 Signs Project 2040 Long Range Transportation Plan 84 Bicycle Accommodations Bicyclist Skill Levels Types of Bicycle Facilities Cost of Bicycle Facilities Bicycle Accommodation Plan Applying the Bicycle Accommodation Plan Implementation Funding Projects & Fiscal Constraint MPO Programming Process Currently Programmed Projects Projected Revenues Fiscal Constraint Tracking Progress Ancillary Bicycle and Pedestrian Considerations Education 2040 Long Range Transportation Plan 85 Introduction Over the past several decades, walking and bicycling as a means of transportation and recreation have increased in popularity. This has led to a surge in the construction of trails and on -road accommodations for these modes of travel. The MPO is fortunate to have one of the finest trail systems in the Midwest. While finishing the off-road trail system remains important, priorities in the metropolitan area are shifting to maintenance of the existing system and the provision of on -road accommodations. This chapter provides insight into the development of bicycle and pedestrian facilities in the metropolitan area, including an overview of the current system and its usage, as well as identification of future needs and initiatives. The chapter provides a background of planning at the national, state, and local levels, and then focuses on pedestrian accommodations, multi -use trails, and bicycle accommodations. National Policy Planning and providing for bicycle/pedestrian facilities and transportation enhancements was strongly supported in ISTEA, has been reinforced since in TEA -21, SAFETEA-LU, and MAP -21. In addition to providing funding opportunities, the U.S. Department of Transportation (DOT) has taken a proactive approach in encouraging non -motorized transportation as an efficient and environmentally sound alternative for commuter travel. The DOT issued a Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations in 2010, which reflects the DOT's support for the development of fully integrated active transportation networks. The Policy Statement is: The DOT policy is to incorporate safe and convenient walking and bicycling facilities into transportation projects. Every transportation agency, including DOT, has the responsibility to improve conditions and opportunities for walking and bicycling and to integrate walking and bicycling into their transportation systems. Because of the numerous individual and community benefits that walking and bicycling provide — including health, safety, environmental, transportation, and quality of life — transportation agencies are encouraged to go beyond minimum standards to provide safe and convenient facilities for these modes. (http.//www.fhwa.dot.gov/environment/bicycle pedestrian/overview/policy accom.cfm) State Planning In 2000, the Iowa DOT developed Iowa Trails 2000, a document aimed at guiding the future development of trail corridors of regional, statewide, and national significance within the state. In 2013, the DOT hired a consultant to update its bicycle plan. The document provides an array of resources which can be used by state agencies and local and regional governments during trail planning and implementation. A supplement to the plan is titled Connecting People and Trails: Local Community Planning for Bicyclists and Pedestrians. This document identifies the following four basic principles to developing a successful bicycle and pedestrian plan: 2040 Long Range Transportation Plan 86 1. Local bicycle and pedestrian systems should provide safe and comfortable facilities. 2. Direct access to destinations and continuity through connected facilities encourages the use of bicycle and pedestrian facilities. 3. The design and extent of a bicycle and pedestrian system should reflect the needs of the community. 4. A bicycle and pedestrian plan should be implemented in phases over a reasonable period of time. Efforts to develop bicycle and pedestrian accommodations in the metropolitan area have attempted to embody these principles. The MPO fully supports safe and comfortable facilities that fit the needs of the community. In particular, the needs of recreational bicyclists and other non -motorized recreational users have been well addressed by the implementation of the area's trail system over the last few decades. The final portions of the trail system will continue to be implemented as funding becomes available. However, the MPO is transitioning from a focus on off-road accommodations to an emphasis on improving on -road accommodations. Due to right-of-way constraints and other design factors, separated facilities are not feasible or necessary to reach many commuter -based destination points, resulting in the need for improved pedestrian accommodations and on -road bicycle accommodations. The recreational trail system is one of the best features of the metropolitan area, and should not be overlooked. However, that system is relatively complete, and does not by itself address all the needs of bicyclists and pedestrians. Local History and Goals History Since the construction of the Cedar Valley Nature Trail and the trail system in George Wyth Memorial State Park, area residents have shown an increasing interest in bicycling for recreation. In the mid-1970s and early 1980s, park and transportation officials throughout the metropolitan area recognized the need to develop and enhance the existing nature trails as an alternative transportation facility. To help organize and encourage bicycle trail planning to meet both these needs, INRCOG, along with the cities of the MPO, retained Barton-Aschman to draft the Bikeway Master Development Plan Bicyclists riding along the Cedar River in 1985. The Bikeway Master Development Plan studied current usage and demand for bicycle facilities in the metropolitan area. Based on these findings, the consultant developed a plan for the metropolitan area's bike system with recommended design standards, and suggested specific routes and funding guidelines for future implementation. The plan was the basis of metropolitan area trail planning and development following its adoption by the MPO in 1986. 2040 Long Range Transportation Plan 87 Goals To foster continued development of the metropolitan trail system and expand bicycle transportation opportunities, the MPO Policy Board has adopted several goals related to access and safety for the metropolitan area. These goals were first identified in the aforementioned Bikeway Master Development Plan and have since been revised, reflecting progress made and changes in bicycle/pedestrian transportation theory and practice. Access Goals 1. Complete a continuous trail system of on and off-road facilities in the Black Hawk County Metropolitan Area and provide for connections to the developing regional trail system. 2. Provide efficient non -motorized access between major traffic generators. 3. Provide a framework to local jurisdictions that encourages the incorporation of bicycle and pedestrian accommodations in new and existing transportation infrastructure and development initiatives. Safety Goals 1. Reduce bicycle/motor vehicle, pedestrian/motor vehicle, and bicycle/pedestrian conflicts and crashes. 2. Reduce physical obstructions/barriers that impede safe bicycle/pedestrian travel. 3. Encourage the development of safety education programs to inform the public of bicycle/pedestrian rules and regulations. 4. Where feasible, utilize railroad right-of-way, levees, and parkways to avoid traffic conflict, including adequate grade separation at intersections. 5. Utilizing established evaluation criteria, identify "bicycle friendly" streets, which will accommodate on -road bicycle travel. To accomplish these goals and meet the future needs of both recreation -based and commuter -based bicycle and pedestrian travel, the MPO will continue to implement a multi -tiered system. One tier consists of the extensive off-road trail system in the metropolitan area. Much of this system has been completed, thus the priority will be to implement the final links and focus on maintenance of the system. Another tier is the further development and implementation of on -road facilities that will serve bicyclists, particularly commuters. This has become more of a priority for the MPO, as it is recognized that an efficient on -street system will greatly enhance the transportation system for bicyclists. It is important to stress that the on and off-road systems envisioned must dovetail to provide seamless interaction between trails and on - road facilities. The MPO's focus for pedestrians will be enhancing the walking environment by filling in sidewalk gaps, improving crossing safety, and linking neighborhoods with schools and destinations. The existing trail system provides for non -motorized access to various recreation -based venues. However, it is lacking in the connection of non -recreation based destinations. Primary destinations considered in the overall development of the non -motorized system include intersections with existing local, regional, and statewide trails, parks and other outdoor recreation venues (which are largely already connected via trails), large retail/commercial areas, schools, colleges, large employment centers, and various public service facilities. The location of each destination will serve as a framework for the development of further bicycle and pedestrian accommodations. 2040 Long Range Transportation Plan 88 Public Input Survey Part of the reason that the MPO's focus has shifted from trails to other bicycle and pedestrian accommodations is that the public has become increasingly interested in improving the transportation system for modes other than the automobile. The April, 2013 public input survey, which garnered 348 responses, had several questions that involved bicycle and pedestrian components. An initial question asked how often residents undertook various transportation activities, and the bicycle/pedestrian-related topics are shown in Table 5.1. While the "Never" category ranks highest for all three categories, there was still a significant percentage of respondents selecting "More than 1 or 2 times per week" for each category. Table 5.1: How Often Respondents Undertook Various Bicycle/Pedestrian Activities 1or2 3to12 times in times in Never the year the year Walked or biked to/from work 60.7% Rode a bicycle on a city street 24.1% Used an off-road trail 21.3% Data source: 2013 MPO Public Input Survey 12.3% 2 or 3 times per month 5.3% 19.1%11.2% 21.3% 15.2% 1 or 2 times per week 3.2% 12.1% 13.7% More than 1 or 2 times per week Figure 5.1 shows the differences in perceived quality of various bicycle and pedestrian infrastructure elements. The two pedestrian categories are relatively similar in percentages for each quality level, with most respondents selecting "Fair" or "Good". However, a notable difference is visible in on -road bicycle accommodations versus the off-road trail system. Close to 90% of respondents selected "Good" or "Excellent" for off-road trails, while the two highest categories for on -road accommodations were "Fair" and "Poor". This lends further credence to the notion that the existing recreational trail system is a major asset for the area, while the on -road bicycle accommodation system has room for improvement. Figure 5.1: Comparison of Perceived Quality of Bicycle and Pedestrian Infrastructure 60.0% 50.0% it X40.0% O 0. ce 30.0% O V 20.0% a a 10.0% 0.0% Very Poor Poor Fair Good Excellent it Crosswalks Sidewalks and curb ramps On -road bicycle accommodations Off-road trail system Data source: 2013 MPO Public Input Survey 2040 Long Range Transportation Plan 89 Finally, Table 5.2 shows the importance of various types of bicycle/pedestrian infrastructure improvements to respondents. While all categories have their highest ranking in either "Moderately Important" or "Very Important", it is interesting to note that the two highest "Very Important" categories are completing missing segments of sidewalks along major roads and improving crosswalk safety along major roads. Table 5.2: Importance of Making Bicycle/Pedestrian Infrastructure Improvements More off-road trails aimed at recreation, linking parks, open spaces, and communities 11.6% 23.5% 33.3% 31.5% More off-road trails aimed at commuting, linking residential 9.7% 19.2% 31.9% 39.2% areas to schools and employment centers More on -road accommodations for bicyclists, such as 15.5% 18.2% 28.1% 38.2% signage, sharrows, or bike lanes Completing missing segments of sidewalks along major 4.4% 13.3% 28.4% 53.8% Not Somewhat Moderately Very Important Important Important Important roads Improving crosswalk safety on major roads 3.6% 13.4% 27.6% 55.5% Connecting bus stops to the sidewalk network 19.3% 27.8% 27.8% 25.1% Data source: 2013 MPO Public Input Survey Planning Efforts Bicycle/Pedestrian Focus Group The MPO's Bicycle/Pedestrian Focus Group met five times during the summer of 2013 to help guide development of this chapter and the Bicycle Accommodation Plan (BAP). Entities that were represented at the meetings included the Cities of Cedar Falls, Evansdale, and Waterloo, the Black Hawk County Conservation Board, Iowa DNR/George Wyth Memorial State Park, Blue Zones, Healthy Cedar Valley Coalition, Cedar Trails Partnership, Cedar Falls Tourism & Visitors Bureau, Waterloo Convention & Visitors Bureau, Ritland Kuiper Landscape Architects, the Iowa DOT, and INRCOG. This group spent much time discussing the shifting emphasis from off-road trails to on -road and shared lane bicycle accommodations, and was instrumental in creating the BAP. The group also reviewed the fiscal constraint element of the chapter and recommended the programming of funding discussed later in this chapter to the Policy Board. Blue Zones and Complete Street Policies In 2012, both Waterloo and Cedar Falls were selected as Blue Zones Demonstration Sites. The aim of Blue Zones is to live longer and better by implementing community policies and environmental changes that make healthier choices easier. One of the requirements for a city to become Blue Zones certified is to adopt a complete streets policy. Complete streets are designed and operated to enable safe access for all users. Pedestrians, bicyclists, motorists, and transit riders of all ages and abilities should be able to move safely along and across a complete street. There are many benefits to complete streets, with the most prominent being improved safety for all users. In addition, complete streets encourage other modes of travel besides personal automobile, thereby improving health, decreasing air pollution from emissions, and decreasing congestion. 2040 Long Range Transportation Plan 90 The design of a complete street can vary greatly, depending on the characteristics of the roadway. Local, residential streets that have low speeds and low traffic volumes are likely already complete streets, as they do not require separate accommodations for other modes of travel. Busier streets may require more infrastructure to make them complete. Example elements that could be part of a complete street include sidewalks, bike lanes, wide shoulders, separate trails, crosswalk striping/raised crosswalks, median refuges/islands, bus pullouts/bus-only lanes, roundabouts, aesthetic improvements, and audible pedestrian signals/countdown pedestrian signals. The optimal design for a particular street will depend upon many factors, including its traffic volume, speed limit, lane widths, parking, and so on. In 2013, Waterloo adopted a complete streets policy and Cedar Falls updated its complete streets policy to meet Blue Zones requirements (the policies can be viewed in the Appendix). Both policies outline the cities' approaches to considering all transportation users in the design of road projects. The MPO has discussed adopting a metropolitan complete streets policy, and anticipates doing so in the near future. The MPO strongly encourages all federally funded projects to be designed from a complete streets perspective, and consider pedestrians, bicyclists, and transit riders in the project design, in addition to automobiles and trucks. It is easier and more cost-effective to integrate complete street elements in the project's initial design, rather than attempting to retrofit the project later. Roadway projects requesting Surface Transportation Program Funding from the MPO are generally either new construction or major reconstruction; therefore, jurisdictions submitting projects should design those projects to function optimally for all users. Examples of how complete street elements are being integrated into the planning process for projects have been occurring with a couple projects programmed for federal aid in FY 2014 — Kimball Ave. in Waterloo and River Forest Rd. in Evansdale. A neighborhood advocacy group was formed for the Kimball Ave. project, which worked with city staff to integrate bicycle and pedestrian components into the design. The River Forest Rd. project has an advisory committee that is meeting to look at the design of the road from a complete streets viewpoint. These types of committees are expected to become commonplace for MPO projects. Cedar Falls Bicycle/Pedestrian Advisory Committee The City of Cedar Falls initiated a Bike Task Force several years ago, with the mission of expanding upon the existing recreational trail system and, based on best practices, developing a plan to encourage and facilitate utilitarian bicycling in Cedar Falls and to work with stakeholders to maximize its effective implementation. The Cedar Falls Bicycle Plan was adopted in 2009, and recommends development of a bikeway network via a system of bike lanes, shared lane markings, and wayfinding signs. The Cedar Falls Bicycle Plan was one of the elements that helped the city achieve a Bicycle Friendly Community bronze - level designation from the League of American Bicyclists. The Task Force has been comprised of several entities, including Cedar Falls council members, police, and staff, the Cedar Trails Partnership, Cedar Valley Cyclists, the Iowa Bicycle Coalition, the Cedar Falls Tourism and Visitors Bureau, INRCOG, local neighborhood associations, and other interested bike groups and riders. The Task Force intends to continue to accomplish its goals through a combination of the "5 Es": education, engineering, encouragement, enforcement, and evaluation. Recently, the Task Force has 2040 Long Range Transportation Plan 91 expanded to include a pedestrian element as well, and will be taking more of an active living approach to non -motorized planning in Cedar Falls. The efforts of the Task Force will continue to be integrated into the MPO's planning efforts. IA 58 Bicycle/Pedestrian Study At the time of the last LRTP update, the IA 58 Bicycle/Pedestrian Study had been recently completed. The aim of the study was to evaluate bicycle and pedestrian issues along IA 58 in Cedar Falls at three main intersections: Greenhill Rd., Viking Rd., and Ridgeway Ave. This corridor has been a quickly growing area, with the Cedar Falls Industrial Park on the west and a developing commercial area on the east. While there have been off-road trails along portions of this corridor for some time, there were concerns about the locations of these trails and the safety of bicyclists and pedestrians crossing the busy intersections. Now, the results of that study have been implemented and improvements will be complete by the end of 2013. This includes construction of a tunnel under Greenhill Rd. just east of IA 58, and a bicycle/pedestrian bridge over IA 58 between Greenhill Rd. and Viking Rd. The trail system was realigned in this area to discourage trail users from crossing at the intersections and encourage them to utilize the grade -separated features. The IA 58 corridor is now in the NEPA and design process to transition it to a fully access -controlled highway, and bicyclists and pedestrians moving through and across the corridor will remain an important consideration. Top: Construction wrapping up on the Cedar Falls Mayors Pedestrian Bridge over IA 58 in October, 2013, looking north Bottom: Trail underpass at Greenhill Rd., looking south 2040 Long Range Transportation Plan 92 Pedestrian Accommodations The provision of pedestrian accommodations has been an area of growing interest for the MPO. In the past, pedestrian accommodations were often seen as an issue for local jurisdictions, as stand-alone sidewalk projects were not eligible for federal aid. Also, jurisdictions have varying policies regarding the installation and maintenance of sidewalks. While walking has always been considered a viable and important mode of transportation, there has not been a great deal of MPO -level planning with regard to it previously. SAFETEA-LU brought about a renewed focus on pedestrian issues, primarily through the Safe Routes to School (SRTS) program, which was aimed at helping to increase the number of children walking and bicycling to school. Sidewalks, crossing improvements, and other projects involving pedestrians were common SRTS initiatives. SRTS has remained a popular initiative even though MAP -21 eliminated it as a specific, stand-alone program. An additional effort that has been able to follow-up on the success of SRTS is the Iowa Department of Public Health's I -WALK Initiative. Safe Routes to School and I -WALK Safe Routes to School is an effort to promote children safely walking and bicycling to school through the "5 Es": engineering, education, enforcement, encouragement, and evaluation. Programs funded under SAFETEA-LU provided for a variety of initiatives. Types of infrastructure grants included sidewalk infill, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on - road and off-road bicycle/pedestrian improvements, bicycle parking facilities, and traffic diversion improvements. Types of non -infrastructure grants included items such as the development of SRTS studies or plans, production of educational or promotional materials, and SRTS training workshops. While MAP -21 eliminated SRTS as a stand-alone program, SRTS projects are still eligible under the Transportation Alternatives Program. In 2008, INRCOG was awarded a Safe Routes to School (SRTS) grant from the Iowa Department of Transportation. The purpose of the grant was to facilitate a study of adequacies and deficiencies related to walking and bicycling to school for all elementary and middle/junior high schools in the metropolitan area. INRCOG hired a local consulting firm, AECOM, to conduct the study. The study reviewed conditions around all K-8 schools in the Cedar Falls, Hudson, and Waterloo school districts, as well as parochial schools in the area. Walking and bicycling conditions were evaluated, as well as issues such as drop- off/pick-up congestion and parking lot configurations. Where appropriate, recommendations for infrastructure projects were made, and cost estimates were given. A separate portion of the study involved an education and encouragement component aimed at working with three target schools to implement strategies to increase the number of children walking and bicycling to school. The report includes a case study from Kingsley Elementary, where the PTO developed a walking school bus program. The desired outcome of the study was to utilize it to make infrastructure improvements that encourage children to safely walk and bicycle to school, as well as to provide information to schools to assist in efforts to encourage safe walking and bicycling practices. 2040 Long Range Transportation Plan 93 A number of SRTS grants have been awarded to cities in the MPO to implement projects based on the SRTS Study. These have included: • In 2010, Waterloo was awarded $154,620 for sidewalk and intersection improvements near Lincoln Elementary School. • In 2010, Cedar Falls was awarded $76,450 for constructing a sidewalk along Rownd St. and implementing crossing improvements on Hawthorne Dr. near Cedar Heights Elementary School. • In 2011, Cedar Falls received $63,570 to construct sidewalks on Angie Dr., 3rd St., and Crescent Dr. to benefit Hansen Elementary School and Holmes Junior High School. • In 2011, Evansdale was awarded $84,220 to construct a sidewalk along New sidewalk and school crossing near Lincoln Elementary School in Waterloo, constructed as part of an SRTS project Grand Blvd. from Gilbert Dr. to Central Ave. to benefit students of Poyner Elementary School and Bunger Middle School. • In 2012, Waterloo was awarded $92,000 to implement a stoplight at the intersection of W. 5th St. and Baltimore St. to better control traffic flow near Irving Elementary School. • In 2012, Waterloo was awarded $65,000 to provide sidewalk infill and crossing improvements in the Mobile St. corridor near Cunningham Elementary School. Additional projects at other schools were identified in the SRTS Study, and are expected to continue to be implemented over time. In addition to SRTS, the I -WALK Program has been implemented at some schools throughout the metropolitan area. I -WALK stands for Iowans Walking Assessment Logistics Kit, and is an effort by the Iowa Department of Public Health and Iowa State University Extension and Outreach. I -WALK utilizes GPS and mapping technologies to identify barriers to walking or bicycling to school (or other destinations) and helps identify solutions to improve the pedestrian environment. I -WALK assessments have been performed for Cunningham Elementary School in Waterloo and Lincoln Elementary School in Cedar Falls. An I -WALK assessment for older adults was also completed in Cedar Falls. The remaining elementary schools in Cedar Falls will be completing the I -WALK assessment in the near future, which INRCOG is helping to coordinate. Pedestrian Master Plan In 2013, INRCOG committed to developing a Pedestrian Master Plan (PMP) for the MPO. The PMP, expected to take one to two years to develop, will involve an intense planning process focusing on origins, destinations, routes, infrastructure, policies, funding, and implementation, with an aim to chart a course to improve the pedestrian environment throughout the MPO. The PMP will likely become an addendum to this long range plan. 2040 Long Range Transportation Plan 94 While detailed pedestrian planning will be left to the PMP, several pedestrian issues have been discussed by the Bicycle/Pedestrian Focus Group during development of this plan: • Many of the destinations discussed later in this chapter for bicyclists are also the primary destinations to consider for pedestrian improvements. These include K-12 schools, colleges, downtown areas, commercial areas, business parks, and large employers. • SRTS and I -WALK projects should continue to be implemented. These efforts can enhance the understanding of the local walking environment and can include improved infrastructure around schools, as well as education/encouragement efforts. • Design standards for sidewalks can result in stand-alone sidewalk projects being expensive and cumbersome. While sidewalks and pedestrian facilities should always be a consideration during road reconstruction projects, small sidewalk -only projects are not an efficient use of federal funding. • From the perspective of the MPO, sidewalks and crossing improvements on federally classified roads are a priority. As it is far easier to construct pedestrian facilities at the time a road is reconstructed rather than to retrofit it later, jurisdictions should strongly consider pedestrian accommodations in all road reconstruction projects. • Priority sidewalk projects include filling in gaps in the sidewalk network along busier roads, in commercial/business areas, and near schools. • Priority crossing improvement projects include providing safe passage across the MPO's arterial and collector roadways. 2040 Long Range Transportation Plan 95 Trail System The MPO has one of the best hard -surfaced trail systems in the Midwest. With well over 100 miles of trails connecting recreation areas with downtowns and destinations, and offering numerous trail loops and types of surroundings, the trail system is one of the area's best features. In a way, trails bridge the gap between pedestrians and bicyclists, as they are a type of infrastructure that can be used by both. While the MPO is shifting away from the trail mindset specifically for bicyclists who ride for transportation, and not necessarily recreation, trails are still an important part of the MPO's planning efforts. Recent road reconstruction projects have often included a separated trail rather than an on -road bicycle accommodation, likely because trails serve both pedestrian and bicyclists and are the type of accommodation that is familiar in the area. While this plan focuses more heavily on accommodating bicycles on roadways, it is still important to review the existing trail system and understand the recreation and transportation value it provides. Walkers along the recreational trail at Prairie Lakes Park in Cedar Falls Existing Trail System The current trail network is shown on Map 5.1. The majority of trails are separated facilities, connecting parks and other outdoor venues. Several trails form loops of varying lengths and character, as detailed on the area's Cedar Valley Trails and Recreation Guide. There are also trails along roadway alignments in several areas, such as Greenhill Rd., U.S. 63, and Shaulis Rd. Most trails are ten feet in width. A normal design includes a two -foot grass shoulder, which serves as the required clear zone for signage and other obstacles. The majority of trails are hard -surfaced with concrete or asphalt. Due to funding constraints, some trails are granular limestone products or recycled asphalt. Because granular trails are less user- friendly, and cannot be used for some recreation activities such as in-line skating, the MPO supports hard - surfacing granular trails when funding is available. American Discovery Trail The American Discovery Trail (ADT), a nationally significant trail, transverses the MPO. The ADT stretches for over 6,800 miles across 15 states and is the only coast-to-coast non -motorized trail. The route of the ADT is shown on Map 5.2, and includes a dual alignment on both sides of the Cedar River. The final segments of the ADT in the metropolitan area were implemented in the past few years, and the ADT encompasses nearly 40 miles of trail within the metropolitan area. The northernmost point of the ADT is in George Wyth Memorial State Park. 2040 Long Range Transportation Plan 96 0-1• • is ■ ■ ■ ■ ■ 11 11 ■ ■ • • ■ ■ • -1111■■•11.11•■■•■■• ■ CedarFalls NKr • ■ • • • ■ • E• ■ •a ■ ---- • 1 ■ • • i ■ I ■•■■■■■■■■•s • • Waterloo - ■ • er7- ; ■ N ■ 1 • ~cel � 1 • • I �, � Elk• • Run s••••■•■ 1 Heights • -Lr-v1------------i • L. Raymond ■ (Evansdale j -- �`'�- • r-- Cedar • • ■ • • .` .__. d- • • i..,Hudson !• . ■ ! • i ,��� • 58 , b --- ir- I r--- ■ !ie i c� ---- -----j us 1 • i r .st4 • ■■■■■1111•■■••• •11.11■..1111.E • • h' ■ -c-- ` 1 • • ■ • ■ '- • ■ •N • ...•..11.1111. A •••■•■ wierrarina • ■ ■ ■ • ■ •■■ ■■ 0 0.5 1 2 4 Miles Map 5.2 Black Hawk County Metropolitan Area Path of the American Discovery Trail through the MPO American Discovery Trail City Boundary MPO Study Area 2040 Long Range Transportation Plan C (Nov. 2013) Iowa Northland Regional Council of Govemments Please call 319-235-0311 to obtain permission for use. NRCOG 98 Trail Use Due to the large investment of time and dollars in the metropolitan area's trail system, it is important to quantify the use occurring on it. To achieve this, INRCOG, with the assistance of many individuals and organizations, has facilitated user counts of the trail system from 1996-2000, in 2004, and in 2009. Another count is planned for 2014. In addition to the trail count data, a user survey was performed in 2000. The results of the initial counts and survey are available in the December, 2001 document prepared by INRCOG entitled Trail Use in the Cedar Valley and are summarized below. The data from 2004 has not been included in the analysis because data collection that year was focused mainly on the weekend and is not comparable to the full weeks of data from the previous years. However, the data that was collected in 2004 reaffirmed the conclusions reached in the earlier data. The 2009 trail counts largely reflected continuing trends from the earlier counts. The purpose of the trail counts was to gain a better understanding of the amount and type of use occurring on the trail system. The method of conducting the trail counts included the following: • Modes counted included adult bicyclist, child bicyclist, walking/running, and in-line skating. • The trail count was taken between the second and fourth week of June each year. • The duration of the count was one week. • Five locations were counted every year after 1997; an additional five locations were added to the 2009 count. Count locations are viewable on Map 5.3. • All possible turning movements at each location were counted. • Data reflects the number of trips, not necessarily the number of users. • Time of day was broken into four segments. • Weather conditions were noted. • The trail counts were not tested for statistical significance; therefore the observed trends and underlying assumptions are not statistically based. The trail counts have resulted in a clear overview of trail use in the MPO and have served to help justify continued investment in the trail system. In the future, further counts will be taken to observe trends over time and the impacts of new trails on the system. The following conclusions summarize the results of the ongoing trail counts: • Trail use remains consistently high. • Modal use is relatively constant for each year; however, modal use varies by location. • The number of trail users varies by location, with the highest concentration of use associated with established and connected park sites. • The addition of new trail facilities can result in a change of trip patterns. • The peak day for use remains consistent, with major fluctuations attributable to weather conditions. • The peak time period for use remains unchanged. While five locations were added in the 2009 counts, the number of trail users counted remained relatively static with previous years. This may suggest that usage on the trail system has diffused over the years as more trails have been added and additional connections have been made. 2040 Long Range Transportation Plan 99 ' U. ■ SEE INEEE11111111111 ■ ■ ■ ■■■ • i I -- • ■ ■ ■ • ■ ■ . m E IS CP■ r■ ■.a ■ ■ I ■ i ° • ■ ma • • Waterloo ; ::1-i ■ • Y ■ • • r Elk i Run -.`..I Heights Raymond r�,,,e ._.._.._.., ."\T-L-1--Lri ■ ■ i. k -.Hudson I ' _-•_ ■ I i'- ■ s •I ■ ■ ■ ■ ■ ■ N ■A Mall ■■•■ ■■° 0 0.5 1 2 4 I\ Gilbertville a Miles Existing Trail Existing Paved Shoulder Programmed Trail Trail Count Location City Boundary ■ ■ ■ ■ ®. ®; MPO Study Area 2040 Long Range Transportation Plan Trail Count Location #10 Cedar Valley Nature Trail @ McFarlane Park Map 5.3 Black Hawk County Metropolitan Area Trail Count Locations ® (Nov. 2013) Iowa Northland Regional Council of Governments Please call 319-235-0311 to obtain permission for use. NRCOG 100 A challenge for future trail counts is to shift from a focus solely on trails to also counting bicyclists using on -road facilities. It will be important to determine the best way to collect such data, whether it is through manual counts like the past trail counts, or through some type of technological means, such as sensors or cameras. Soft Trails In addition to the large network of hard -surfaced trails, the MPO is home to a network of soft trails that provide hiking and bicycling opportunities. There are over 40 miles of soft trails throughout the metropolitan area, with the heaviest concentrations occurring at George Wyth Memorial State Park, Hartman Reserve, Ulrich Park, and throughout the Katoski Greenbelt along Black Hawk Creek. The Cedar Valley Association for Soft Trails (CVAST) is a local group dedicated to promoting, maintaining, and creating sustainable soft trails in the area, and maintains the trails at George Wyth and Hartman Reserve. The group has established land management agreements with the Iowa DNR and Black Hawk County, and has begun to link areas together while modifying and eliminating user conflicts to increase the overall enjoyment of the soft trail system. A variety of events are held throughout the year to encourage people to explore and enjoy the soft trails in the metropolitan area. Soft trail in George Wyth Memorial State Park Water Trails While not often used solely as a form of transportation, water trails are important as a recreation feature, and add to the quality of life of the area. The MPO has one completed water trail, two water trails currently being implemented, and several potential future water trail connections, as described below (see Map 5.4). There are several components that may be included as part of water trails. These include: • Access points where canoeists and kayakers can enter and leave the water. • Signage to direct users to the access points and water trail. • Signage to designate the trail and features along it. • Portages around shallow water areas or features such as dams. The Cedar Valley Paddlers Trail is a completed water trail loop that covers 10 miles (8.4 water trail and 1.6 portage) over the Cedar River and lakes in both state and county recreation areas. George Wyth Memorial State Park, located on the northeast side of the Cedar River, contains four lakes ranging in size from 40 to 120 acres. Hartman Reserve Nature Center, a Black Hawk County Conservation Board entity, is located on the southwest side of the Cedar River, with two lakes. This trail received an Iowa Water Trails grant from the Iowa Department of Natural Resources. The 44 -mile Cedar River Water Trail is currently being implemented through Black Hawk County. The water trail will be adjacent to numerous parks and recreation areas, as well as recreational trails. 2040 Long Range Transportation Plan 101 ■ e�eaye' ■ Ct-E.eic E (front 1 gig Vvocds, Lake to Cedar River edar Rive€. I Elk Run ■■■■■r Heights Raymond Evansdale Existing Water Trail Water Trail Under Development Potential Water Trail Potential Whitewater Course I City Boundary ■■■ • • �� MPO Study Area 2040 Long Range Transportation Plan M a p 5.4 Black 1 IRA County y Met ©poi titan Area Existing anti PatersUa" tiVater Tri o © (Nov. 2013) Iowa Northland Regional Council of Governments Please call 319-235-0311 to obtain permission for use. MtCOG 102 The implementation of this trail includes signage, informational kiosks at access points, and safety improvements, including portages around dams. A Federal Recreational Trails Program grant was awarded by the Iowa DOT for the project, and a Low -Head Dam Safety Grant was also awarded for the portages around the dams in Waterloo. Though not currently funded, whitewater courses have been proposed for future implementation on the Cedar River, including one near Gateway Park in Cedar Falls, and one in downtown Waterloo. Downtown riverfront along the Cedar River in Waterloo The Black Hawk Creek Water Trail is also currently being implemented. This trail begins in Grundy County, enters the MPO near Hudson, and travels northeast through a greenbelt into Waterloo, eventually joining the Cedar River. An Iowa Water Trails grant was received for this water trail, including funding for signage and access improvements near Ranchero Rd. and Fletcher Ave. Several other water trail connections have been proposed for future implementation. These are: Kayakers on Black Hawk Creek near Hudson • The Beaver Creek Water Trail, which would run from New Hartford, in Butler County, to Black Hawk Park, just north of Cedar Falls. ® The Dry Run Creek Water Trail, which would begin at Jennings Dr. on the University of Northern Iowa campus and continue to Pfeiffer Park in Cedar Falls, where it would connect to the Cedar Valley Paddler's Trail. o A connector water trail, which would link Big Woods Lake in Cedar Falls with the Cedar River Water Trail. 2040 Long Range Transportation Plan 103 Prairie Pathways Prairie Pathways is an interpretive signage project along the MPO's trail system that was completed in the past couple years. Dozens of interpretive panels and kiosks are located throughout the trail system. The objective of Prairie Pathways is to encourage trail visitors to learn about the region's heritage and enhance the community and trail network. The themes of the panels focus on three main areas. The Cedar Valley themes present the natural, historical, and human context for the growth of communities in the region. The Town Life themes consist of the experience of living in urban areas, contrasting with the rural areas that dominate the landscape of Iowa. The Growing Prosperity themes present the stories of industry, which has been a contributing source of growth for urban communities in the Cedar Valley. Maps of the trail system are also integrated into interpretive panels and kiosks at selected locations to assist trail users in navigating the trail system. Prairie Pathways kiosk on the W. 4th St. plaza in downtown Waterloo Cedar Valley Trails 911 Signs Project For the convenience and safety of trail users, the 911 Signs Project was developed to assist emergency response officials to more quickly and accurately locate persons in need of assistance on the recreational trails system. A map grid system was devised utilizing GIS software and local data, and can communicate location within one hundredth of a square mile. This system expanded on the previous system, the Trail Emergency Access System (TEAS). The 911 Signs Project was implemented in 2005. The main objective of the project was to develop a meaningful location identification code that was consistent across jurisdictions and could be easily utilized by persons in need of emergency assistance. Multiple local agencies met to determine what elements to incorporate into the system. It was decided to use a number -letter -number format with a maximum of five characters to designate locations, as this would be easier to remember than an entirely numerical system. A grid was devised by breaking Black Hawk County into one tenth of a square mile blocks. This enabled the creation of a unique 2040 Long Range Transportation Plan YOUR CURRENT 911 LOCATION Trail 911 sign along the Martin Luther King Jr. Dr. Trail in Waterloo 104 identifier for each area of 528 feet by 528 feet, or approximately 6.4 acres. Once the identifier system was determined, a new 911 sign was designed. Signs are generally attached to existing features, such as benches or other signs, and can be horizontal, vertical, or square. INRCOG conducted a GPS trail survey to capture location and attribute information for each trail feature. This served both to determine the best locations for signs, and also as an asset management exercise, as the condition of all features was recorded. The 911 sign grid was integrated into the Black Hawk Consolidated Public Safety Dispatch Center's dispatch system, which enables 911 dispatchers to reference the location communicated by a trail user to guide emergency responders to the site. Education efforts on utilizing the trails safely should include a component on how to utilize the 911 Signs when in need of assistance. Black Hawk County is currently considering adopting the United States National Grid system, which provides a standardized, nationally consistent grid reference system for locating places. It is possible this system could become the standard across the county and throughout parks and trails of all types, which could result in a phasing out of the TEAS. 2040 Long Range Transportation Plan 105 Bicycle Accommodations Residents of the MPO are fortunate to have access to one of the finest networks of multi -use trail facilities in the Midwest. The planning process, funding, and dedication that have gone into constructing the current system have been extensive. The vision first set out decades ago of a multi -use trail system connecting recreation areas has largely been realized. While a few trails remain to be constructed, the majority of the recreation system is now complete. Due to this, as well as an emphasis on providing the most appropriate accommodations for bicyclists and pedestrians on any given road, the MPO has shifted its focus from Bicycle lane along Center St. in Cedar Falls planning additional trails to a Bicycle Accommodation Plan, which lays out a vision of bicycle facilities throughout the MPO, including all jurisdictions — Waterloo, Cedar Falls, Evansdale, Hudson, Elk Run Heights, Raymond, Gilbertville, and portions of Black Hawk County. While this vision does include off- road trails, it focuses more on creating a network of on -road bicycle facilities and shared lanes that would greatly enhance the bicycling environment of the MPO. Bicyclist Skill Levels An important consideration in the design and location of bicycle accommodations is the varying skill level of bicyclists. The metropolitan area's system of bicycle and pedestrian facilities, including off-road trails and on -road accommodations, should continue to be designed for all users to the extent possible. The skill level and preferences of bicycle riders can vary greatly. Riders who use bicycles to commute to work are likely comfortable on the majority of roads, including those without designated bicycle facilities. However, the casual user may be uncomfortable on routes that do not include separate bicycle designations, and younger children are likely best suited by facilities that are separate from the road. AASHTO's 2012 Guide for the Development of Bicycle Facilities discusses types of bicyclists by dividing them into two main categories: • Experienced/Confident Riders: Most are comfortable riding with vehicles on street, prefer a more direct route, avoid riding on sidewalks, may ride up to 25 mph, and may cycle longer distances. • Casual/Less Confident Riders: Prefer on or off-road designated bicycle facilities, may avoid busier streets, may ride on sidewalks, may ride around 8-12 mph, and may cycle shorter distances. The City of Portland, Oregon, has also developed a bicycle classification system based on its experience. It divides the population into the following four types of cyclists: • <1%: Strong & Fearless • 7%: Enthused & Confident • 60%: Interested but Concerned • 33%: No Way No How 2040 Long Range Transportation Plan 106 The City of Portland does recognize that in reality there is more of a continuum between the various categories, but feels its classification holds true overall for its population. This classification seems to be relevant for the MPO, as there is a small but enthusiastic group of cyclists that advocates strongly for on - road accommodations. A larger portion of local bicycle users tend to have varying feelings about on -road accommodations, depending upon the characteristics of the roadway. Types of Bicycling Facilities There are several types of bicycle facilities that can accommodate various types of bicyclists and purposes of bicycling trips. While the metropolitan system currently features predominately off-road trails, other types of accommodation will likely become more common in the future. All types of accommodation should be considered in the effort to provide the area with the best possible system of bicycle and pedestrian accommodations. The most common types of bicycle facilities are: • Shared roadway (no separate bicycle facility or signage): Most minor residential streets would qualify as shared roadways, as they have small amounts of low -speed traffic and therefore do not need any bicycle designations or accommodations. • Signed/marked shared roadway: These roads can be designated by bike route signs and/or pavement markings such as sharrows, generally either to provide continuity with other bicycle facilities (such as bike lanes), or to designate preferred routes through high -demand corridors. • Paved shoulders: These are primarily implemented in rural areas, often on state and local highways. Paved shoulders provide a separated space for bicyclists, similar to bicycle lanes. A minimum of 4 feet is recommended. • Bicycle lanes: Bicycle lanes are established by pavement markings and signage along streets where there is significant bicycle demand and the necessary street conditions to accommodate bike lanes. A minimum of 5 feet is recommended. Bicycle lanes can also be protected or buffered from traffic by adding a painted or landscaped space between the bike and vehicular travel lanes. • Shared use path: These are generally referred to as trails or off- road accommodations. Shared use paths often serve corridors not served by roads, or where wide right-of-way exists next to the roadway, permitting their construction parallel to the road. There are many factors to consider when determining the best type of accommodation for a particular road, including traffic volume and speed, lane widths, parking, and so on. Many streets, especially low-volume residential ones, are safe for bicycling without any modifications. The MPO recommends using AASHTO's 2012 Guide for the Development of Bicycle Facilities or NACTO's Urban Bikeway Design Guide for design standards for various types of bicycle facilities. From top to bottom: 1. Sharrows on Seerley Blvd. in Cedar Falls 2. Bike lanes on Clay St. in Cedar Falls 3. Shared use path/trail on Shaulis Rd. in Waterloo 2040 Long Range Transportation Plan 107 Cost of Bicycle Facilities The cost of different types of bicycle accommodations can vary widely. Shared lane signage is estimated to be $250 per sign; bike lane signage would likely be slightly less. With one sign each direction per block, that would equal $8,000 per mile. The cost of painting a sharrow with high durability paint that will last up to five years is estimated at $400, which would equal almost $13,000 per mile. The cost of bicycle lanes will vary widely depending upon the road. It would be a relatively minor expense to paint a bike lane on a road that has adequate width. However, constructing new bike lanes along roads is estimated to range from $440,000 per mile for rural paved shoulders to $650,000 for urban bike lanes in areas with many intakes and driveways. Due to the wide variations in cost, and the fact that the type of complete street elements included in any individual project typically will not be determined until it is under design, on -road, shared lane, sidewalk, and other types of accommodations are often not individually programmed. Rather, these elements are usually part of larger roadway projects. Bicycle Accommodation Plan The MPO has chosen to focus its Bicycle Accommodation Plan (BAP; see Map 5.5) on three types of bicycle facilities: hard -surfaced trails, on -road accommodations (such as bike lanes), and shared lane accommodations (such as signage or sharrows). Most future trails shown on the plan are not along roadways, but rather are connecting existing trail segments or recreation areas. On -road accommodations were primarily targeted towards roads that had a higher functional classification (minor arterial or above), speed limits of 30 mph or above, and traffic of 5,000 vehicles per day or above. These are also typically the roads with more destinations that need to be connected for the bicycling system. Shared lane accommodations are targeted towards lower classified roads that still have higher traffic volumes or speeds, or are important for connectivity of the system. The Bicycle Accommodation Plan was created by focusing on a number of goals, including: • Having a bicycle accommodation within a half -mile of the majority of MPO residents and businesses. • Connecting major destination areas, including downtowns, major commercial/retail areas, business parks, and colleges • Connecting to public and private elementary, middle, and high schools • Connecting to employers with 50 or more employees The aim is that when bicyclists leave their neighborhood, they are able to utilize a system of on -road or shared lane accommodations for the majority of their journey. Full implementation of the BAP would help achieve this by resulting in a bicycle network of close to 400 miles of accommodations, as shown on Table 5.3. Table 5.3: Existing and Planned Mileage of Bicycle Accommodations, as of Sept. 2013 Existing Miles Planned Miles in Bicycle Accommodation Plan I Multi -Use Trail 117.0 22.0* i Bike Lane or Paved Shoulder 11.5 145.7 j Sharrow or Signed Route 3.9 79.0 *Planned trail miles include 9.0 miles of trails programmed for funding in the next four years. 2040 Long Range Transportation Plan 108 Applying the Bicycle Accommodation Plan Implementation The BAP is a vision plan. It has been created with the understanding that what type of accommodation any particular road ultimately receives will be a decision of each jurisdiction. While the MPO has the responsibility of creating the plan, accountability for implementing that vision will be the responsibility of each individual city. It is anticipated that the complete street policies discussed earlier will be one of the methods through which cities evaluate and implement these elements. The timing of various accommodations and projects will depend upon the cost and amount of work required to create them. For example, adding signage, sharrows, or bike lanes when the pavement is already wide enough and only requires restriping are projects that can be undertaken in the near future. However, if adding bike lanes to a road would require widening the road and constructing them, that type of project would likely only be undertaken along with a major reconstruction project. Development of a Bike Master Plan is strongly encouraged as part of the Blue Zones initiative. The City of Cedar Falls is utilizing their 2009 Bicycle Plan for this, and the City of Waterloo will be utilizing this document as their Bike Master Plan. It is anticipated that the City will adopt the Bicycle Accommodation Plan (Map 5.5) as an addendum to their current Comprehensive Plan. Projects identified in this document, as well as those identified for programming in the next four years in the Transportation Improvement Program, will be added to the City's Capital Improvement Program as they move forward, with the City generally responsible for at least 20% of the project's cost. The Complete Streets Policy adopted by Waterloo in June, 2013, will help ensure that the design of road construction and reconstruction projects considers bicyclists (see the Appendix for Waterloo and Cedar Falls' Complete Streets Policies). Accountability for implementing the concepts and projects discussed in this plan will be shared across several entities within the City. This includes the Complete Streets Advisory Committee, which will help identify ways to implement the Complete Streets Policy and concepts for bicycle accommodations for road projects; the Planning Department, which will also help identify concepts and initial design ideas; the Engineering Department, which will translate ideas and concepts into detailed designs and help determine the feasibility of project elements; and ultimately, the City Council, which will have the final say on the design of road projects and what bicycle accommodations are included. Funding Projects & Fiscal Constraint To help show the fiscal reality of implementing the BAP, the MPO has undergone a fiscal constraint exercise that reviews currently programmed projects and estimates future funding availability and project costs. The aim of this is to show what funding is currently programmed towards projects in the BAP, as well as the future potential revenues that could go towards implementing additional elements of the BAP. MPO Programming Process One the main tools the MPO has to implement bicycle -related projects is the federal funding that it receives to program for projects. Prior to MAP -21's approval in 2012, the MPO had been operating under 2040 Long Range Transportation Plan 110 the previous federal transportation legislation, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The approval of MAP -21 resulted in the consolidation and elimination of a number of federal aid programs, as well as an increased emphasis on asset management and performance measures. At the MPO level, programming for the Surface Transportation Program (STP — see Chapter 3) remained relatively unchanged. However, the Transportation Enhancement Program, which had funded projects such as trails and scenic and historic transportation improvements, changed significantly. Funding for these types of projects is now available through the Transportation Alternatives Program (TAP). In addition to the switch from Enhancement to TAP, one of the decisions the Iowa DOT Commission made was to no longer have statewide competitive grant programs for Safe Routes to Schools, Enhancements, or Scenic Byways. Rather than continue statewide programs, this funding is also being distributed as TAP funds to metropolitan and regional planning agencies for programming. Additionally, the Commission chose to allow MPOs and RPAs to have flexibility with this funding, meaning that it can be utilized for TAP -eligible projects and/or STP eligible projects. This particular allocation of TAP funding is being called TAP Flex. The Commission did hold back a portion of TAP funding for statewide projects, and there are still statewide grant programs for Federal Recreational Trails and the Iowa Clean Air Attainment Program. The MPO Policy Board voted to allocate all TAP Flex funding to the TAP Program in its FY 2014-2017 Transportation Improvement Program, and this plan assumes they will continue to do so in the future. The MPO also has a recent history of programming STP funds for trail and enhancement projects. While that may well continue into the future, this plan does not make the assumption that it will. Currently Programmed Projects Fiscal years 2014-2017 are already programmed via the area's Transportation Improvement Program (TIP). Bicycle/pedestrian-related projects included in the TIP are shown on Table 5.4, including statewide grant awards that were received prior to the MAP -21 changes. Table 5.4: Bicycle/Pedestrian Projects Programmed in FY 2014-2017 Project Levee Trail parallel to River Forest Rd. from Lafayette Rd EGilbert Dr. in Evansdale Shaulis Rd. Trail from IA 21 to Isle of Capri Blvd. in Waterloo Esther St. Sidewalk from Logan Ave. to Sherman Ave. in Wat. I Traffic Signal at Intersection of W. 5th St. and Baltimore St. in Wat. rw Sidewalk Infill in the Vicinity of Cunningham Elementary Schools ` Hudson Rd. Trail from W. 1st St. to W. 12th St. in Cedar Falls U.S. 63 from U.S. 218 to the Cedar River and Commercial St. and Jefferson St. between the one-way pairs of U.S. 63* Cedar Valley Nature Trail Bridge E4 Replacement, 3.9 miles south sof the Evansdale Trail Head Center St. Trail from Cottage Row Rd. to Lone Tree Rd. Cedar Valley Lakes Trail Bridge Reconstruction between Brinker Lake and the Cedar River Funding Fiscal Total Cost Federal Source Year Aid AP 2014 $386,000 $308,000 MPO TAP 2014 $1,108,000 $352,000 MPO TAP 2014 $75,000 $60,000 Statewide SRTS 2014 $120,000 $92,000 Statewide SRTS 2014 $69,000 $65,000 MPO TAP 2015 $460,000 $368,000 Statewide 2015 $681,000 $477,000 Enhancement MPO TAP 2016 $155,000 $124,000 MPO TAP MPO TAP 2016 $450,000 $154,000 2017 $600,000 $382,000 Source: MPO FY 2014-2017 Transportation Improvement Program *Per agreement with Iowa DOT Office of Systems Planning, project was delayed to coincide with road reconstruction 2040 Long Range Transportation Plan 111 Current road projects programmed with STP funds in the TIP are also anticipated to include bicycle and/or pedestrian elements. The exact types of accommodations these projects include will be determined as they are under design. These projects include: • River Forest Rd. from Lafayette Rd. to Central Ave. in Evansdale in FY 2014 • Kimball Ave. from south of Tower Park Dr. to Acadia St. in Waterloo in FY 2014 • U.S. 63 from Newell St. to Jefferson St. in Waterloo in FY 2015 and 2016 • IA 57/W. 1st St. from Hudson Rd. to Franklin St. in Cedar Falls in FY 2015 • Greenhill Rd. from Hudson Rd. to W. 27th St. in Cedar Falls in FY 2016 • Lafayette Rd. from 0.25 miles east of Dubuque Rd. (west) to Dubuque Rd. (east) in Raymond in FY 2017 Projected Revenues Table 5.5 shows revenue projections for anticipated state and federal funding sources that could go towards implementing bicycle and pedestrian accommodations. The funding history that these projections are based on is further detailed in Chapter 9. Three types of funding are considered for MPO projects: • Transportation Alternatives Program (TAP) funding, which the MPO currently receives an allocation of each year. TAP funding must go to bicycle, pedestrian, scenic, historic, or other enhancement -type transportation projects. The MPO's current TAP target of $300,000 per year was held constant throughout the plan horizon. • State trail grants, including the State Recreational Trails (SRT) program and the Resource Enhancement and Protection (REAP) Program. These are competitive grant programs that award funds annually. These funds are only being targeted towards new trail construction projects that would be expected to be competitive applications. These programs are not expected to fund sidewalks or on -road bicycle accommodations. The funding level potentially available was based on the annual average of these grants received in the MPO during the last 10 years. • Complete street elements of road projects, funding for which is coming from the Surface Transportation Program (STP), which is another program where the MPO receives an annual allocation. The funding amounts are based on five percent of the estimated cost of the road projects, which are listed in Chapter 3. Five percent is considered a conservative estimate of the amount of a project's cost that will go towards bicycle and/or pedestrian elements, but until these projects move into the design phase it will be difficult to further quantify this estimate. Table 5.5: Anticipated Funding Available for Bicycle and Pedestrian Accommodations Timeframe Transportation Alternatives Program State Trail Grants 2014-2017 N/A — Already Programmed $650,000 2018-2020 $900,000 $390,000 2021-2030 $3,000,000 $1,300,000 2031-2040 $3,000,000 $1,3007060 Complete Street Elements of Road Projects N/A -Already. Programmed $465,000 $2,328,780 $2,991,080 2040 Long Range Transportation Plan 112 Fiscal Constraint To demonstrate fiscal constraint, as shown on Table 5.6, the Bicycle/Pedestrian Focus Group prioritized the multi -use trail projects identified in the BAP, with the goal of reserving a funding balance in each year for other complete street elements, including on -road accommodations, shared lane accommodations, and sidewalks. Each trail's anticipated funding is divided among the categories discussed previously — possible state grants, funding as part of road projects, and TAP funding. It is anticipated that these elements will often be grouped together into larger projects or completed as part of road reconstruction projects, as the federal aid process is too cumbersome to develop small, stand-alone bicycle or pedestrian projects. Alternatively, it is always possible that cities will fund some of these smaller projects with local funding. Two trails are not included in the fiscal constraint analysis — the Viking Rd. Trail from Cedar Heights Dr. to Prairie Pkwy. in Cedar Falls, and the trail in the San Marnan Dr. corridor from Kimball Ave. to W. 4th St. in Waterloo. Both cities anticipate that these trails will be built by developers as development occurs in these corridors. Thus, federal funds are not anticipated to be needed to fund them. The summary of funding for complete streets elements during each time period is shown on Table 5.7. Trail grant funding is excluded from this table. The table is divided into the MPO's TAP allocation and the five percent estimate of road project funding, and for each category shows the amount anticipated to go towards trail projects, and the amount anticipated to be available for on -road or shared lane bicycle accommodations, pedestrian accommodations, or other complete street type elements. This table shows that there is expected to be a substantial balance available for bicycle and pedestrian accommodations, particularly on -road bicycle accommodations. 2040 Long Range Transportation Plan 113 2040 Long Range Transportation Plan A 9 w C N µ z 30 S O M N m 5' p O,±N NN V '1! 0_ 3 U, O8 N v 0- 0 3 13 • W o s v < < < M„ 0 �pS O Q M d O 2 0 0 0 m l0 0_ ,O.r S n O N N N jj rt O m ,1:, a 0 0 0 0 0 1 co O mm N N IV (D jC cr, d" � .2 E3 LE o' '-r= ° a s 3 CD v 0< Q a m cn a 0. 3 3 3 0 .-r rD77 L. m' 9+ w n� w m 70 �. O Cl o • ° D v m 0 0 n o .m0. G' n II u 30 7 N N N X m r-. a 0003D . oa d• vWi vNi a v = o — - igto a o c • ° m O E O M c o n < a • m i m O .� m d g O O 3 O o c 3 ° m o n ° m `22. s o mm to m n -{ 3 "' m m -. 3- - ^ y m .' 7 -1 n 3 m a m �. C÷ CO O 3 a m s •< O • N n 0 S m O -6. - of m Cr n C' a N m m 54 m5.4.,o a 0 o 3 P-- s m o fD m 0 m s o s'^ m O n v 0_ m o N,3 a a p_ m a d cn co -'ill 0_ M 3 y O w oto 3 v, d co 3 fl_ N n m Q O S O N ... o s m � 3 H a 0 m m iu ° a <. 3 • 0 ° d M -0 - m ° o Ti a o m c -o n m ^« o a O m 0 m O 3 w s 3 ID C N ^ S ^ _ '-- 3 3 3 m 3 Cl co CL 0) v T 0) N I--) - N s �• r* 0 CD CD ten•'. 0 7 O 3 Z 0` 44 , 44 ` 44 01 w Ui 00 LO N O J� O 0 O O O O O 44 403 A N00 v1 U1 • N A O 4444 N I-' O ' p o 0 0 0 4444 UJ 01 40 W N ..r.`-' -1 000 01! O C of 0 <: D) O 0 N, fl) jCD < (D O 0!CD 0 r -� m 3 r -• - , Q '-0k -c.3 • oa. 3 i m O 0 s i 3 C 0f 0 Q • _ o' • 4.4 F " W 0 O O O 4A N N V N'+ Co O A A 01 NJ O 0 0 0 0 I-▪ ' 01 00 N •A 4.4 UJ O 0 O V▪ 1tAl_ N 00 O O N U, dl O 44 V ! U, O O o' 4.4 W N O I i i O 0i 0 m' 0 O Cl rD 0 0) T > W P- = N D < N Q n 0 Lel. o m nam ▪ r*. aa. '„ -0 0 t 7) G — Q 0 - pfD O -n CD 3'< 3; o -I = Q ro G) to O -, (D [D -h f D CD 0) m yi€ b4$ 44' 44 N' I U.) V ` W O O " Ni ` O O O 0 CDCD 44 W; tN O 44 01 V LCD 44 N O 0 0 O 0 0 444 V N 00 O 00 -EA N a+. V 0. O 44 U);. U) U7 N f 01f 44 V U, 0 0 O 4.4 N V O 0 O 44. W .I] N A fA W V NJ O 0 44 izr N 0 C) O 4.4 t0 C1 0 Table 5.7: Anticipated Funding Available for Bicycle and Pedestrian Accommodations Timeframe Transportation Alternatives Program Trails (see Table Available for On road. 5 6) Pedestrian, or o:ne TA.P Eligible Projects 2018-2020 $495,592 $404,408 2021-2030 I $1,969,864 $1,030,136 2031-2040 j $1,024,656 $1,975,344 $0 Complete Street Elements of Road Projects Expected to be TravisPotentals} TO on road, pedestrian,ror other elements* $465,000 $0 $0 $2,328,780 $1,966,424 *Note: the actual cost of complete street elements of road projects is estimated at 5% per project. The exact amount of funding and type of complete street elements to be constructed will not be known until the project is programmed for funding and under design. Tracking Progress Ways to measure the success of the BAP, or of implementing bicycle accommodations in general, include the measures listed below. These will be tracked over time as data is available and as measures are applicable. • Existing mileage of various accommodation types (multi -use trails, bike lanes, sharrows, signed bike routes, other) — measured utilizing INRCOG's GIS capabilities • Percent of the population within a half mile of each type of accommodation — measured utilizing INRCOG's GIS capabilities • Amount of MPO funded projects that is spent on each type of accommodation — to be tracked by INRCOG • Crashes involving bicyclists — measured using Iowa DOT crash software • Percent of trips made via bicycling — measured with American Community Survey data and local surveys • Usage of accommodations — measured with local counts • Ancillary health indicators, such as BMI levels — measured as available/applicable • Ancillary economic development indicators, such as retail activity and property values — measured as available/applicable The MPO plans to track these measurements by taking an annual snapshot of the system and tracking progress year to year. Usage will be the hardest item to measure. The MPO will be discussing how to add counts of on -road accommodations to its 2014 trail counts. As these counts have always been done manually, a future endeavor may be to invest in camera or sensor technology that could provide more accurate counts. Additionally, any time special counts are collected for road projects, the MPO will request that those counts also include pedestrians and bicyclists if possible. 2040 Long Range Transportation Plan 115 Ancillary Bicycle and Pedestrian Considerations Creating a complete and user-friendly system of bicycle and pedestrian accommodations involves more than sidewalks, trails, and on -road accommodations. To fully incorporate these modes into the metropolitan's transportation system, there are several other important elements to consider: • Sidewalk connections: Many areas in the metropolitan area have gaps in the sidewalk system. This is especially problematic along bus routes, as pedestrians can have difficulty reaching the transit stops. There are many benches along bus routes for people who are waiting to catch a bus, but there are many locations where these benches are in the middle of grass with no sidewalk connection. These locations need to be improved. In addition, sidewalks are lacking in some of the metropolitan area's commercial areas. While many of these improvements fall upon the local jurisdictions, the MPO has an interest in all areas of the metropolitan area being properly linked by sidewalks. This will be explored in depth in the upcoming Pedestrian Master Plan that the MPO will be developing. • New development and redevelopment connections: It is important to connect new developments and redevelopment areasto the existing trail system. The MPO supports and strongly encourages local jurisdictions to incorporate connections to the metropolitan trail system from future residential, commercial and industrial subdivisions and redevelopments. To ensure connectivity, this process should begin at the planning phase of new development or redevelopment and continue through its full implementation. This approach will provide for enhanced non -motorized access throughout the system. • Traffic signal design: Traffic signals are not always capable of responding to the presence of a cyclist. In areas where signals change due to the presence of vehicles, a bicyclist may have to wait an excessive amount of time for a green light, or cross on a red light. Where appropriate, new traffic signal detectors should be implemented to recognize the presence of cyclists, and cyclists should be educated on how to utilize detectors so the signal will change for them. Also, crossing lights for bicyclists/pedestrians and motorists should be examined, particularly on busy roadways, to ensure minimal points of conflict between road users. • System maintenance: While there are still trails to be built and on -road facilities to be designated or added, much of the existing system has been in place for many years. Maintenance of the existing system is becoming a critical issue, as many trails will require significant resurfacing or reconstruction efforts in the coming years. The MPO and local jurisdictions will need to work to ensure that the existing system is adequately maintained. • Bicycle parking: Bike racks, lockers, or some other form of bicycle parking must be provided throughout the metropolitan area. While providing the route to get to a destination is often the primary consideration, the bicyclist must have a place to secure their bike once there. Areas that should provide bicycle parking include all public buildings, parks, transit stops, and places near businesses and multi -unit residential dwellings. • Bicycle racks on transit buses: Bicycling and transit are two transportation modes that are often used on the same trip. Bicycle racks on buses increases the mobility of bicyclists as it enables them to travel across the metropolitan area. MET Transit has space for two bicycles on all its fixed route transit buses, and should continue to purchase buses with bike racks. • Showers/locker rooms: Bicycling to work would likely be more attractive to people if they were able to shower or freshen up and change in comfortable facilities. The cities can work on providing shower and changing areas in public buildings, and work with private employers to provide these facilities to encourage bicycling to work. 2040 Long Range Transportation Plan 116 Education Considering the extensive use on the recreational trails system coupled with a focus on developing on - road facilities for bicyclists, the MPO feels it is critical to reinforce the importance of educating the users of both systems. The education component of this plan is a two-pronged approach that addresses each system. As previously indicated, use on the recreational trail system continues to increase and, at peak times, congestion is an issue. With that in mind, the MPO strongly encourages users to follow the "rules of the trail", including: • Use your head — wear a helmet. • Go with the flow — stay to the right. • Stay clear of the trail when stopped. • Signal turns or stops; announce when passing. • Show respect for adjacent property. Relating to on -road facilities, in order to ensure a safe, enjoyable, and efficient trip, bicyclists and motorists have shared responsibilities in achieving the desired outcome. To reach these objectives, the MPO recommends that users of the on -road system pattern their use following the guidelines established in the "Effective Cycling" training initiatives. According to the Effective Cycling approach, the following recommendations are applicable to both motorists and bicyclists. • Always ride on the right-hand side of the roadway, not on the left and never on the sidewalk. • When approaching a road that is larger than the one you are on, or carries more traffic, or faster traffic, or is protected by a stop or yield sign, you must yield to traffic on that roadway. Yielding means looking left and right until you see that no traffic is approaching so closely as to constitute a danger. • When intending to move your line of travel either left or right upon the roadway, you must yield to traffic in the new line of travel. Yielding means looking in front and behind until you see that both directions are clear, that there is no traffic approaching so closely as to constitute a danger. • When approaching an intersection, you must position yourself according to the direction in which you want to go. Right -turning drivers are at the right, left -turning drivers are at the left, close to the center of the roadway, and straight -through drivers are between them. • When cycling between intersections, you must position yourself according to your speed relative to other traffic. Parked vehicles are next to the curb, slow drivers are next to them, while fast drivers are to the left, next to the centerline. • Per Iowa Code, a bicycle operated between sunset and sunrise must be equipped with a white light on the front and a red light or reflector on the back, both visible for a distance of at least 300 feet. Other education initiatives supported by the MPO include: • Incorporating appropriate and safe bicycling techniques into the K-8 school curriculums. • Discouraging the practice of bicycling on sidewalks as bicyclists mature in their riding capabilities. • Supporting safe bicycling initiatives developed by the Governor's Traffic Safety Bureau. • Encouraging helmet use for all bicyclists. • Encouraging law enforcement agencies to enforce traffic laws for bicyclists. 2040 Long Range Transportation Plan 117 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-167 RESOLUTION ADOPTING THE CITY OF WATERLOO BICYCLE MASTER PLAN BY HEREBY ADOPTING CHAPTER 5 NON -MOTORIZED TRANSPORTATION COMPONENT OF THE BLACK HAWK COUNTY METROPOLITAN AREA TRANSPORTATION POLICY BOARD 2040 LONG RANGE TRANSPORTATION PLAN AS THE CITY OF WATERLOO'S BICYCLE MASTER PLAN. WHEREAS, bicycling facilities are a critical component of public space and play a major role in establishing the image and identity of a city, provide vital quality of life to its citizens, and provide a key framework for current and future development; and WHEREAS, the City of Waterloo supports and encourages the expansion of existing and development of new bicycling facilities and supports and encourages the protection and long- term sustainability of bicycling facilities; and WHEREAS, the Black Hawk County Metropolitan Area Transportation Policy Board has developed and on November 14, 2013 adopted the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan (LRTP); and WHEREAS, Chapter 5 of said LRTP is the Non -Motorized Transportation component and includes a "Bicycle Accommodations" section, a "Bicycle Accommodation Plan" section, and an "Applying the Bicycle Accommodation Plan" section which includes elements on implementation of the plan, funding of projects and fiscal constraint, and tracking progress; and WHEREAS, the Waterloo Blue Zones Project attaches certification for the community to development and adoption of a Bicycle Master Plan; and WHEREAS, as stated in the LRTP, the City of Waterloo is hereby adopting Chapter 5 Non -Motorized Transportation component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycling Master Plan; and WHEREAS, on June 10, 2013 the Waterloo City Council passed Resolution 2013-474 establishing a Complete Streets Policy and the Complete Streets Advisory Committee; and WHEREAS, a goal of Complete Streets is to improve the access and mobility for all users of streets in the community by improving safety through reducing conflict and encouraging non - motorized transportation, which includes development and expansion of: 1)shared use paths (off-road bike trails/multi-use paths),- 2) bicycle lanes, 3) paved shoulders, 4) shared lanes HTh]IT nhin Chapter 5 Non -Motorized Transportation Introduction National Policy State Planning Local History and Goals History Goals Public Input Survey Planning Efforts Bicycle/Pedestrian Focus Group Blue Zones and Complete Street Policies Cedar Falls Bicycle/Pedestrian Advisory Committee fA 58 Bicycle/Pedestrian Study Pedestrian Accommodations Safe Routes to School and I -WALK Pedestrian Master Plan Trail System Existing Trail System American Discovery Trail Trail Use Soft Trails Water Trails Prairie Pathways Cedar Valley Trails 911 Signs Prof ect 2040 Long Range Transportation Plan 84 S8 ueid uon.eliodsueu a6uel 6uoi OtOZ uoiluDnpa suop-ugpIsuOD uuplsopgd puv apibla AJulip-av ssol2oad auk luieJasuoD reDsig sonuoila8 popajoad waload punue..12oad Apu9aanD ssoiLid 2ulu1ueAold odhi 41lialq.suoD fepsis s3o9143.1d t ui,puns uowelugLugithui ueid uonEpommoopy a13A3ffi alp 2upciddy UEId uon-upomillODOV -13/c3-1 sgRupEd 913ADja j 450D sp-HIDE,4 opApja jo sa clAj, sioA91 -4slloic318 suopupotutuoziDif pAbm 98 ue!d uo!;elaodsueaja6ue�! 6uoi OtiOZ :ue!d ueulsapad pue ap1(p!q !n}ssa»ns a 6u!dolanap o; sa!dpuud aiseq ano} 6u!Mo!!o} ag; sa!}l;uap! luawnDop s!ql •sueu;sapad pue sIs!p/(a!e .ao} 6u!1.1ueid AIlunWWOD leaol :s !eaj pue a!doad 6u!pauuoj pa!I!l s! ue!d aqI ol;uawa!ddns v •uo!;eluawa!dw! pue 6u!uue!d pi; 6uunp sluawwano6 !euo!6aa pue !ego! pue sapue6e ems Act pasn aq uea gD!gM saa.inosaa }o /(eaae ue sap!noad Iuawnpop aqL •ue!d apAolq s;! a;epdn o; Iuel!nsuoa e paalq 104 eql '£TOZ uI •alels eq; u!gl!nn aaueag!u6!s !euoUeu pue 'ap!Malels '!euo!6eJ }o sJopploa !lea; }o luawdo!anap aanln} aqI 6u!p!n6 le paw!e luawnoop e '0002 sI!eJL eMol pado!anap ioa eMoI eq;'OOOZ UI t piuuld (wjJ woo k/odfMayuano/uni gsapad apkiqouawuoa1nua/no6-4op-nnn yJ miM//.dj4 y) •sapow asayl aoj saMponI luaivanuoo pun ajos apinoid of spinpunis wnunurcu puoifag o6 o.I pa6oanooua a.rn saroua5n uoiloljodsuoal — affil Jo n(pjnnb pun 'uoilnuodsunm '/nluauruo.nnua 'AlaJns 'yl/oaq 6uipnpui — apino rd 6uyokiq pun 6u»f/oM lnyi sijauaq ifpuncucuoo pun Jnnpn!pul snoiawnu ayl Jo asnoaag •scuaisifs uo!lolaodsunal.nayi olu! 6uipifoiq pun 6ur)/JDM aina5alu! of pun 6u!pifo!g pun 6uD//nM Jo] sarpuni.roddo pun suoippuoo ano.rdup of ifogpsuodsam aqi spy 'lop 6urpnpu! 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While the MPO has the responsibility of creating the plan, accountability for implementing that vision will be the responsibility of each individual city. It is anticipated that the complete street policies discussed earlier will be one of the methods through which cities evaluate and implement these elements. The timing of various accommodations and projects will depend upon the cost and amount of work required to create them. For example, adding signage, sharrows, or bike lanes when the pavement is already wide enough and only requires restriping are projects that can be undertaken in the near future. However, if adding bike lanes to a road would require widening the road and constructing them, that type of project would likely only be undertaken along with a major reconstruction project. Development of a Bike Master Plan is strongly encouraged as part of the Blue Zones initiative. The City of Cedar Falls is utilizing their 2009 Bicycle Plan for this, and the City of Waterloo will be utilizing this document as their Bike Master Plan. It is anticipated that the City will adopt the Bicycle Accommodation Plan (Map 5.5) as an addendum to their current Comprehensive Plan. Projects identified in this document, as well as those identified for programming in the next four years in the Transportation Improvement Program, will be added to the City's Capital Improvement Program as they move forward, with the City generally responsible for at least 20% of the project's cost. The Complete Streets Policy adopted by Waterloo in June, 2013, will help ensure that the design of road construction and reconstruction projects considers bicyclists (see the Appendix for Waterloo and Cedar Falls' Complete Streets Policies). Accountability for implementing the concepts and projects discussed in this plan will be shared across several entities within the City. This includes the Complete Streets Advisory Committee, which will help identify ways to implement the Complete Streets Policy and concepts for bicycle accommodations for road projects; the Planning Department, which will also help identify concepts and initial design ideas; the Engineering Department, which will translate ideas and concepts into detailed designs and help determine the feasibility of project elements; and ultimately, the City Council, which will have the final say on the design of road projects and what bicycle accommodations are included. Funding Projects & Fiscal Constraint To help show the fiscal reality of implementing the BAP, the MPO has undergone a fiscal constraint exercise that reviews currently programmed projects and estimates future funding availability and project costs. The aim of this is to show what funding is currently programmed towards projects in the BAP, as well as the future potential revenues that could go towards implementing additional elements of the BAP. MPO Programming Process One the main tools the MPO has to implement bicycle -related projects is the federal funding that it receives to program for projects. Prior to MAP -21's approval in 2012, the MPO had been operating under 2040 Long Range Transportation Plan 110 the previous federal transportation legislation, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The approval of MAP -21 resulted in the consolidation and elimination of a number of federal aid programs, as well as an increased emphasis on asset management and performance measures. At the MPO level, programming for the Surface Transportation Program (STP — see Chapter 3) remained relatively unchanged. However, the Transportation Enhancement Program, which had funded projects such as trails and scenic and historic transportation improvements, changed significantly. Funding for these types of projects is now available through the Transportation Alternatives Program (TAP). In addition to the switch from Enhancement to TAP, one of the decisions the Iowa DOT Commission made was to no longer have statewide competitive grant programs for Safe Routes to Schools, Enhancements, or Scenic Byways. Rather than continue statewide programs, this funding is also being distributed as TAP funds to metropolitan and regional planning agencies for programming. Additionally, the Commission chose to allow MPOs and RPAs to have flexibility with this funding, meaning that it can be utilized for TAP -eligible projects and/or STP eligible projects. This particular allocation of TAP funding is being called TAP Flex. The Commission did hold back a portion of TAP funding for statewide projects, and there are still statewide grant programs for Federal Recreational Trails and the Iowa Clean Air Attainment Program. The MPO Policy Board voted to allocate all TAP Flex funding to the TAP Program in its FY 2014-2017 Transportation Improvement Program, and this plan assumes they will continue to do so in the future. The MPO also has a recent history of programming STP funds for trail and enhancement projects. While that may well continue into the future, this plan does not make the assumption that it will. Currently Programmed Projects Fiscal years 2014-2017 are already programmed via the area's Transportation Improvement Program (TIP). Bicycle/pedestrian-related projects included in the TIP are shown on Table 5.4, including statewide grant awards that were received prior to the MAP -21 changes. Table S.4 a 131cycle/Pedestri311 Projects Programmed fn FY 2014-20 Levee Trail parallel to River Forest Rd. from Lafayette Rd. to MPO TAP 2014 $386,000 $308,000 Gilbert Dr. in Evansdale Shaulis Rd Trail from IA 21 to Isle of Capri Blvd. in Waterloo MPO TAP 2014 $1,108,000 $352,000 ; Esther St. Sidewalk from Logan Ave to Sherman Ave in Wat MPO TAP Traffic Signal at Intersection of W. 5th St. and Baltimore St. in Wat. Sidewalk Infill in the Vicinity of Cunningham Elementary Schools Hudson Rd. Trail from W. lst St. to W.12th St in Cedar Falls U.S. 63 from U.S. 218 to the Cedar River and Commercial St. and Jefferson St between the one-way pairs of U.S. 63* Cedar Valley Nature Trail Bridge E4 Replacement, 3.9 miles south of the Evansdale Trail Head Center St. Trail from Cottage Row Rd to Lone Tree Rd Cedar Valley Lakes Trail Bridge Reconstruction between Brinker Lake and the Cedar River Statewide SRTS Statewide SRTS MPO TAP Statewide Enhancement wA MPO TAP MPO TAP MPO TAP 2014 $75,000 $60,000 2014 $120,000 $92,000 2014 $69,000 _$65,000__ 2015 $460,000 $368,000 2015 $681,000 $477,000 1 2016 $155,000 —$124,000 2016 $450,000 $154,000 2017 $600,000 $382,000 Source: MPO FY 2014-2017 Transportation Improvement Program *Per agreement with Iowa DOT Office of Systems Planning, project was delayed to coincide with road reconstruction 2040 Long Range Transportation Plan 111 Current road projects programmed with STP funds in the TIP are also anticipated to include bicycle and/or pedestrian elements. The exact types of accommodations these projects include will be determined as they are under design. These projects include: • River Forest Rd. from Lafayette Rd. to Central Ave. in Evansdale in FY 2014 O Kimball Ave. from south of Tower Park Dr. to Acadia St. in Waterloo in FY 2014 • U.S. 63 from Newell St. to Jefferson St. in Waterloo in FY 2015 and 2016 a IA 57/W. 1St St. from Hudson Rd. to Franklin St. in Cedar Falls in FY 2015 ® Greenhill Rd. from Hudson Rd. to W. 27th St. in Cedar Falls in FY 2016 o Lafayette Rd. from 0.25 miles east of Dubuque Rd. (west) to Dubuque Rd. (east) in Raymond in FY 2017 Protected Revenues Table 5.5 shows revenue projections for anticipated state and federal funding sources that could go towards implementing bicycle and pedestrian accommodations. The funding history that these projections are based on is further detailed in Chapter 9. Three types of funding are considered for MPO projects: ® Transportation Alternatives Program (TAP) funding, which the MPO currently receives an allocation of each year. TAP funding must go to bicycle, pedestrian, scenic, historic, or other enhancement -type transportation projects. The MPO's current TAP target of $300,000 per year was held constant throughout the plan horizon. a State trail grants, including the State Recreational Trails (SRT) program and the Resource Enhancement and Protection (REAP) Program. These are competitive grant programs that award funds annually. These funds are only being targeted towards new trail construction projects that would be expected to be competitive applications. These programs are not expected to fund sidewalks or on -road bicycle accommodations. The funding level potentially available was based on the annual average of these grants received in the MPO during the last 10 years. ® Complete street elements of road projects, funding for which is coming from the Surface Transportation Program (STP), which is another program where the MPO receives an annual allocation. The funding amounts are based on five percent of the estimated cost of the road projects, which are listed in Chapter 3. Five percent is considered a conservative estimate of the amount of a project's cost that will go towards bicycle and/or pedestrian elements, but until these projects move into the design phase it will be difficult to further quantify this estimate. Table 5,5: Anticipated Funding Available for Bicycle and Pedestrian. Accommodations 2014-2017 N/A — Already Programmed $650,000 2018-2020 $900,000^ [ 021-2030 $3,000,000 2031-2040 $3,000,000 N/A _- Already Programmed $390,000 $465,000 $1,300,000 $2,328,780 $1,300,000 $2,991,080 2040 Long Range Transportation Plan 112 Const ;int To demonstrate fiscal constraint, as shown on Table 5.6, the Bicycle/Pedestrian Focus Group prioritized the multi -use trail projects identified in the BAP, with the goal of reserving a funding balance in each year for other complete street elements, including on -road accommodations, shared lane accommodations, and sidewalks. Each trail's anticipated funding is divided among the categories discussed previously — possible state grants, funding as part of road projects, and TAP funding. It is anticipated that these elements will often be grouped together into larger projects or completed as part of road reconstruction projects, as the federal aid process is too cumbersome to develop small, stand-alone bicycle or pedestrian projects. Alternatively, it is always possible that cities will fund some of these smaller projects with local funding. Two trails are not included in the fiscal constraint analysis — the Viking Rd. Trail from Cedar Heights Dr. to Prairie Pkwy. in Cedar Falls, and the trail in the San Marnan Dr. corridor from Kimball Ave. to W. 4th St. in Waterloo. Both cities anticipate that these trails will be built by developers as development occurs in these corridors. Thus, federal funds are not anticipated to be needed to fund them. The summary of funding for complete streets elements during each time period is shown on Table 5.7. Trail grant funding is excluded from this table. The table is divided into the MPO's TAP allocation and the five percent estimate of road project funding, and for each category shows the amount anticipated to go towards trail projects, and the amount anticipated to be available for on -road or shared lane bicycle accommodations, pedestrian accommodations, or other complete street type elements. This table shows that there is expected to be a substantial balance available for bicycle and pedestrian accommodations, particularly on -road bicycle accommodations. 2040 Long Range Transportation Plan 113 p.,j A l0 W C N F-` d 3 S N S Q D n O co N O O n' v.to n v" ✓ • j 0 O ,°, °- o -, 3 m o « -< • (0 i m o m 0003, 7 7, : ▪ Q N ▪ N N 4, 0.3 a Fz.; S I0 0 C 0 0 0 0 0 rD Ul -. F-+ r CO -° m ° C 01 0 0 0' ig - y �, cm .A W N m Q c o 0 0 : 3 _ CA CL-• a'Q Q 3 3 3 • 0 O s ° ▪ < q m`te= *dd� hN.r iS ID fD fD O a 0 3 p N H H II m : -4J C, '< 000-x° o d.C� �•WNJco(D d N Q sv d�'� • 0 a 0 c s tv o fD m C nN < ° ° 3 d O 3 d cori To m o • 3 a d , • n Gs' • sA r3D ▪ CD fD ^ ^ 3 n D m 3 m )0-.J,,,3 d O < S `C 3 N n 0 10 — S (D 3 7 - co d 0 ' O' O. HD N fC a W O- O 0 g 0 3 S 3 6 N N n D'‘, d m S m n a= 0D a n v CD N °• 3 = m - v C m 3 Hi 0_ s0 w N O_w O N 3 H N O c° 3 CD CO. S O- j n rl O S N - O, a" O f^d an 3+va • 0 m ° ti O O. <. 3 3 0 fD aa as 0 ,I, a O O m C fo-o n°;A 0 C O 3 D+ N a c- W 0) - 3 3 fD c fD S y O w 7 O C y, 3 d Cl: fD 3 1° `-:•,' d 3 m s cr as 7 0) Cr D J 0 „ O 3 O F1: a ° ,1 3 0 0 O � O „ 3 ▪ O F-' 3 a � d V fN n gg rZ' N r fl) , 0) 0) fl) rD (D n3 f rD in rD 0- . 5 o '., 0 v# 0 o 3 0 v ▪ .'�..€ o, - o ;. CD ro O • : O 'c6 0 • ▪ IIh o 0 o : ✓ + • ? co O n ,.+. Q O > m ; O D n N : , in -i. W. O Cr r ! O _ o <, 3 —I c rD ' c o --I z v --1 rD 3 C-) 3 Gl CD CD 7 al ▪ f W U▪ "I O • O Oer: 0 O 0 0 O O ix) O O 4.9 44 1 4.9 V la N� (J1 ® -: V .! •N al ON W 00 N , 0 N 0 . VF; 43:? i 49. Vi N N 1'€ A W Q so t O H. to ▪ i cr. us ! NJ 0c O 4,4 N F-` O, O ; O O O O; O_ O 4R( V-1 W Ol' 7.0 W l N j P.0 Vi W 0)4 O N O O k W W Vi I—, Ul W N O O O 44 42. 00 44 W O O O O O V+i vl V C O U O 4,4 N O▪ D O O O W▪ i 4A V r tO O) I--+ - O 00 0 r.JJ, 05f)-1,1 r Table S.7. A_nticip a€.etd FundingAva e for Bicycle aF i > e_destr i E2 A ccorem 2018-2020 $495,592 $404,408 $465,000. 2021-2030 $1,969,864 $1,030,136 $0 $2,328,780 2031-2040 $1,024,656 $1,975,344 l $0 $1966,424 *Note: the actual cost of complete street elements of road projects is estimated at 5% per project. The exact amount of funding and type of complete street elements to be constructed will not be known until the project is programmed for funding and under design. Tracking PI ogress Ways to measure the success of the BAP, or of implementing bicycle accommodations in general, include the measures listed below. These will be tracked over time as data is available and as measures are applicable. o Existing mileage of various accommodation types (multi -use trails, bike lanes, sharrows, signed bike routes, other) — measured utilizing INRCOG's GIS capabilities o Percent of the population within a half mile of each type of accommodation — measured utilizing INRCOG's GIS capabilities o Amount of MPO funded projects that is spent on each type of accommodation — to be tracked by INRCOG o Crashes involving bicyclists — measured using Iowa DOT crash software o Percent of trips made via bicycling — measured with American Community Survey data and local surveys o Usage of accommodations — measured with local counts o Ancillary health indicators, such as BMI levels — measured as available/applicable o Ancillary economic development indicators, such as retail activity and property values — measured as available/applicable The MPO plans to track these measurements by taking an annual snapshot of the system and tracking progress year to year. Usage will be the hardest item to measure. The MPO will be discussing how to add counts of on -road accommodations to its 2014 trail counts. As these counts have always been done manually, a future endeavor may be to invest in camera or sensor technology that could provide more accurate counts. Additionally, any time special counts are collected for road projects, the MPO will request that those counts also include pedestrians and bicyclists if possible. 2040 Long Range Transportation Plan 115 Ancillary Bicycle and Pedestrian Considerations Creating a complete and user-friendly system of bicycle and pedestrian accommodations involves more than sidewalks, trails, and on -road accommodations. To fully incorporate these modes into the metropolitan's transportation system, there are several other important elements to consider: ® Sidewalk connections: Many areas in the metropolitan area have gaps in the sidewalk system. This is especially problematic along bus routes, as pedestrians can have difficulty reaching the transit stops. There are many benches along bus routes for people who are waiting to catch a bus, but there are many locations where these benches are in the middle of grass with no sidewalk connection. These locations need to be improved. In addition, sidewalks are lacking in some of the metropolitan area's commercial areas. While many of these improvements fall upon the local jurisdictions, the MPO has an interest in all areas of the metropolitan area being properly linked by sidewalks. This will be explored in depth in the upcoming Pedestrian Master Plan that the MPO will be developing. ® New development and redevelopment connections: It is important to connect new developments and redevelopment areasto the existing trail system. The MPO supports and strongly encourages local jurisdictions to incorporate connections to the metropolitan trail system from future residential, commercial and industrial subdivisions and redevelopments. To ensure connectivity, this process should begin at the planning phase of new development or redevelopment and continue through its full implementation. This approach will provide for enhanced non -motorized access throughout the system. o Traffic signal design: Traffic signals are not always capable of responding to the presence of a cyclist. In areas where signals change due to the presence of vehicles, a bicyclist may have to wait an excessive amount of time for a green light, or cross on a red light. Where appropriate, new traffic signal detectors should be implemented to recognize the presence of cyclists, and cyclists should be educated on how to utilize detectors so the signal will change for them. Also, crossing lights for bicyclists/pedestrians and motorists should be examined, particularly on busy roadways, to ensure minimal points of conflict between road users. ® System maintenance: While there are still trails to be built and on -road facilities to be designated or added, much of the existing system has been in place for many years. Maintenance of the existing system is becoming a critical issue, as many trails will require significant resurfacing or reconstruction efforts in the coming years. The MPO and local jurisdictions will need to work to ensure that the existing system is adequately maintained. o Bicycle parking: Bike racks, lockers, or some other form of bicycle parking must be provided throughout the metropolitan area. While providing the route to get to a destination is often the primary consideration, the bicyclist must have a place to secure their bike once there. Areas that should provide bicycle parking include all public buildings, parks, transit stops, and places near businesses and multi -unit residential dwellings. ® Bicycle racks on transit buses: Bicycling and transit are two transportation modes that are often used on the same trip. Bicycle racks on buses increases the mobility of bicyclists as it enables them to travel across the metropolitan area. MET Transit has space for two bicycles on all its fixed route transit buses, and should continue to purchase buses with bike racks. ® Showers/locker rooms: Bicycling to work would likely be more attractive to people if they were able to shower or freshen up and change in comfortable facilities. The cities can work on providing shower and changing areas in public buildings, and work with private employers to provide these facilities to encourage bicycling to work. 2040 Long Range Transportation Plan 116 Education Considering the extensive use on the recreational trails system coupled with a focus on developing on - road facilities for bicyclists, the MPO feels it is critical to reinforce the importance of educating the users of both systems. The education component of this plan is a two-pronged approach that addresses each system. As previously indicated, use on the recreational trail system continues to increase and, at peak times, congestion is an issue. With that in mind, the MPO strongly encourages users to follow the "rules of the trail", including: • Use your head — wear a helmet. ® Go with the flow — stay to the right. o Stay clear of the trail when stopped. o Signal turns or stops; announce when passing. © Show respect for adjacent property. Relating to on -road facilities, in order to ensure a safe, enjoyable, and efficient trip, bicyclists and motorists have shared responsibilities in achieving the desired outcome. To reach these objectives, the MPO recommends that users of the on -road system pattern their use following the guidelines established in the "Effective Cycling" training initiatives. According to the Effective Cycling approach, the following recommendations are applicable to both motorists and bicyclists. o Always ride on the right-hand side of the roadway, not on the left and never on the sidewalk. o When approaching a road that is larger than the one you are on, or carries more traffic, or faster traffic, or is protected by a stop or yield sign, you must yield to traffic on that roadway. Yielding means looking left and right until you see that no traffic is approaching so closely as to constitute a danger. • When intending to move your line of travel either left or right upon the roadway, you must yield to traffic in the new line of travel. Yielding means looking in front and behind until you see that both directions are clear, that there is no traffic approaching so closely as to constitute a danger. o When approaching an intersection, you must position yourself according to the direction in which you want to go. Right -turning drivers are at the right, left -turning drivers are at the left, close to the center of the roadway, and straight -through drivers are between them. • When cycling between intersections, you must position yourself according to your speed relative to other traffic. Parked vehicles are next to the curb, slow drivers are next to them, while fast drivers are to the left, next to the centerline. o Per Iowa Code, a bicycle operated between sunset and sunrise must be equipped with a white light on the front and a red light or reflector on the back, both visible for a distance of at least 300 feet. Other education initiatives supported by the MPO include: o Incorporating appropriate and safe bicycling techniques into the K-8 school curriculums. o Discouraging the practice of bicycling on sidewalks as bicyclists mature in their riding capabilities. • Supporting safe bicycling initiatives developed by the Governor's Traffic Safety Bureau. o Encouraging helmet use for all bicyclists. • Encouraging law enforcement agencies to enforce traffic laws for bicyclists. 2040 Long Range Transportation Plan 117 CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 25, 2014 Dept. Head Signature: PH # of Attachments: 3 SUBJECT: FY 2014 Cedar Vista Shelter Project Submitted by: Travis Nichols, Facilities/Project Manager Recommended City Council Action: Request Council award and adopt resolution transmitting Contracts, Bonds and Certificates of Insurance for Nichols Construction Inc., Evansdale, Iowa for FY 2014 Cedar Vista Shelter Project, in Exchange Park, at the intersection of Park Road and Burton Avenue, Waterloo, Iowa and approve and authorize the Mayor to sign Contract between City of Waterloo and Nichols Construction Inc. Summary Statement: This project provides for the replacement of the Cedar Vista Shelter in Exchange Park. Expenditure Required: $68,000 Source of Funds: Funding is available from hail damage insurance claim. Leisure Services crews will do site preparations. Policy Issue: Alternative: Background Information: The Cedar Vista shelter was damaged during hail storm in April 2012. The shelter is one of the oldest in our park system and is deteriorating to a point replacement is a better option than repairing. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-168 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO NICHOLS CONSTRUCTION INC. OF EVANSDALE, IOWA, IN THE AMOUNT OF $68,000.00, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH FY 2014 CEDAR VISTA SHELTER PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Nichols Construction Inc. of Evansdale, Iowa, in the amount of $68,000.00, in conjunction with the FY 2014 Cedar Vista Shelter Project, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014- 133, after public hearing on February 24, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 10th da of March, 2014. ./L?it4 ATTEST: �-d Suzy Scha es, CMC City Cler nest G. lark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: March 4, 2014 Dept. Head Signature: # of Attachments: SUBJECT: YOUNG ARENA VIDEO/AUDIO UPGRADES Submitted by: Chris Dolan, Young Arena Manager Recommended City Council Action: To request the City Council for acceptance and approval of the final contract amount of Seven Hundred Six Thousand, Two Hundred Thirty Six Dollars and 44 Cents ($706,236.44) for work completed by DAKTRONICS, Inc., of Brookings, South Dakota for the YOUNG ARENA VIDEO/AUDIO UPGRADES project. Summary Statement: Original Contract: $715,000.00 Change Order #1 -8,763.56 Total $706,236.44 Expenditure Required: NA Approved March 3, 2014 Source of Funds: This project is funded through a combination of BHCGA gaming grant funds, Waterloo Black Hawks contributions, and City CIP bond money. Policy Issue: Alternative: Background Information: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-169 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY DAKTRONICS, INC. OF BROOKINGS, SOUTH DAKOTA, IN CONJUNCTION WITH YOUNG ARENA VIDEO/AUDIO UPGRADES. WHEREAS, Daktronics, Inc. of Brookings, South Dakota, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $706,236.44 in conjunction with Young Arena Video/Audio Upgrades, 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. i PASSED AND ADOPTED this 10th day of March, 2014. ATTEST: Suzy Sch res, CMC City Cle k rnest G. Clar , Mayor CITY OF WATERLOO Council Communication Council Meeting: March 10, 2014 Prepared: March 5 201 Dept. Head Signature: # of Attachments: SUBJECT: Black Hawk County Gaming Association Grant Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Approve and accept award of a Black Hawk Gaming Association Grant in the amount $150,000.00 and authorize Mayor to execute said documents. Summary Statement: Waterloo Fire Rescue has received a $150,000.00 grant from the Black Hawk Gaming Association to assist in the purchase of seven (7) cardiac heart monitors. Our current monitors are 10 years old and are in need of replacement. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-170 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT #FY14-12 AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement #FY14-12 dated March 10, 2014, in the amount of $150,000.00, to be used to assist in the purchase of seven (7) cardiac heart monitors, by and between the Black Hawk County Gaming Association 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 10th day of March, 2014. rnest G ATTEST: Su y Sc a es, CMC City Cler ea d Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-171 RESOLUTION APPROVING 28E AGREEMENTS WITH CITY OF WATERLOO AND EAST WATERLOO TOWNSHIP, CEDAR TOWNSHIP AND THE CITY OF ELK RUN HEIGHTS AND DIRECTING EXECUTION OF SAID 28E AGREEMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 28E Agreements dated March 10, 2014, to provide fire and emergency medical response services to townships that surround the City of Waterloo, for the period July 1, 2014 to June 30, 2015, by and between East Waterloo Township, Cedar Township, the City of Elk Run Heights and the City of Waterloo, Iowa, be and the same are 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 10th day of March, 2014. ATTEST: Suzy Schas, CMC City Clerk C0 -,re'!;‘,4%" Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: March 4, 2014 Dept. Head Signature: Suzy Schares # of Attachments: 1 SUBJECT: Resolution approving Equal Employment Opportunity Policy Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving EEO policy. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: The attached policy has been updated to meet the Department of Justice qualifications regarding the City's hiring practices for non -US citizens. Application: City of Waterloo Equal Employment Opportunity Policy Statement This policy applies to all terms, conditions, and privileges of employment with the City of Waterloo. Policy: It is the policy of the City of Waterloo to provide equal opportunity in employment to all employees and applicants based upon their personal capabilities and qualifications and without regard to race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other characteristic protected by applicable federal, state or local law. This policy relates to all employment decisions, including those in connection with recruitment, selection, hiring, training, transfer, promotion, compensation, benefits, termination, and all other terms and conditions of employment. Provisions: 1. Only job-related requirements will be stated in posted job notices or job advertisements for employment vacancies or opportunities for advancement, transfer, or promotion. 2. The City of Waterloo will not discriminate against any employee, manager, supervisor, or applicant on the basis of race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other protected characteristic. 3. City of Waterloo Department Heads, supervisors and/or managers will make all recruitment, placement, selection, training and layoff decisions based solely on job- related qualifications and abilities without regard to race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other protected characteristic. 4. The City of Waterloo will administer and conduct all personnel procedures including compensation, benefits, discipline, training, recreational and social activities, and safety and health programs without regard to an individual's race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other protected characteristic. 5. The imposition of United States citizenship requirements in the hiring and recruiting process that violate 8 U.S.0 1324b; and discrimination on the basis of citizenship status or national origin in the hiring, recruiting and firing process is prohibited except as otherwise provided by Federal, State and local law. Applicants and employees who complain, formally or informally, of discrimination in the hiring, firing or Form I-9 employment eligibility verification and re -verification process must be immediately referred to the Office of Special Counsel by directing the affected individual to the OSC Poster and the Office of Special Counsel's worker hotline and website and be advised of his or her right to file a charge of discrimination with the Office of Special Counsel. The City of Waterloo will not take any reprisal action against an employee for having opposed any employment practice made unlawful by 8 U.S.0 1324b or for filing any charge or participating in any lawful manner in any investigation or action under 8 U.S.C. 1324b. 6. The Human Resources Department has overall responsibility for this policy. Employee or applicant questions or concerns should be referred to the Human Resources Department. Revised February 2014 Approved by City Council Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-172 RESOLUTION APPROVING AMENDED EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT FOR THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the attached amended Equal Employment Opportunity Policy Statement for the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 10th day of March, 2014. A:We egi/ ATTEST: Ernest G. Clark, Mayor Suzy Scha es, CMC City Clerk Application: City of Waterloo Equal Employment Opportunity Policy Statement This policy applies to all terms, conditions, and privileges of employment with the City of Waterloo. Policy: It is the policy of the City of Waterloo to provide equal opportunity in employment to all employees and applicants based upon their personal capabilities and qualifications and without regard to race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other characteristic protected by applicable federal, state or local law. This policy relates to all employment decisions, including those in connection with recruitment, selection, hiring, training, transfer, promotion, compensation, benefits, termination, and all other terms and conditions of employment. Provisions: 1. Only job-related requirements will be stated in posted job notices or job advertisements for employment vacancies or opportunities for advancement, transfer, or promotion. 2. The City of Waterloo will not discriminate against any employee, manager, supervisor, or applicant on the basis of race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other protected characteristic. 3. City of Waterloo Department Heads, supervisors and/or managers will make all recruitment, placement, selection, training and layoff decisions based solely on job- related qualifications and abilities without regard to race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other protected characteristic. 4. The City of Waterloo will administer and conduct all personnel procedures including compensation, benefits, discipline, training, recreational and social activities, and safety and health programs without regard to an individual's race, creed, color, national origin, citizenship status, religion, age, sex (gender), pregnancy, mental or physical disability, military or veteran status, gender identity, sexual orientation, sex (wages), genetic information, familial status, or any other protected characteristic. 5. The imposition of United States citizenship requirements in the hiring and recruiting process that violate 8 U.S.0 1324b; and discrimination on the basis of citizenship status or national origin in the hiring, recruiting and firing process is prohibited except as otherwise provided by Federal, State and local law. Applicants and employees who complain, formally or informally, of discrimination in the hiring, firing or Form I-9 employment eligibility verification and re -verification process must be immediately referred to the Office of Special Counsel by directing the affected individual to the OSC Poster and the Office of Special Counsel's worker hotline and website and be advised of his or her right to file a charge of discrimination with the Office of Special Counsel. The City of Waterloo will not take any reprisal action against an employee for having opposed any employment practice made unlawful by 8 U.S.0 1324b or for filing any charge or participating in any lawful manner in any investigation or action under 8 U.S.C. 1324b. 6. The Human Resources Department has overall responsibility for this policy. Employee or applicant questions or concerns should be referred to the Human Resources Department. Revised February 2014 Approved by City Council Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT Ar -Large CIT WATER IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & De;F opment Director CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: March 5, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Request to set a date of public hearing as March 24, 2014 to enter into a Master Development Agreement and Supplemental Development Agreement with Grand Investments, LLC to authorize the sale and conveyance of a portion of City owned property for $1.00 commonly known as the former Grand Hotel site, at West Mullan Avenue and Jefferson Street, for the construction of an approximate 70 -unit condominium development with an estimated actual value of $6 million, with 20 years at 42% tax rebates. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval of request Summary Statement: Transmitted herewith is a request to set a date of public hearing as March 24, 2014 to enter into a development agreement with Grand Investment, LLC (Brent Dahlstrom) to authorize the sale and conveyance of City owned property for $1.00, formerly known as the Grand Hotel site. Note — there are two development agreements — one is a Master Development Agreement setting forth three phases of development for the entire grand hotel site area, including the potential acquisition of IDOT land. This agreement would allow Grand Investments, LLC the security for future design work, future planning, and future work towards securing tenants and financing for the next two phases of development, as long as they meet the timeline of phased development. The second agreement deals specifically with the Phase I development, and similar Supplemental Agreements would be accompanied with each phase of development to allow the City Council to review and approve each specific design and use of each development phase. The property in question was acquired due to the dilapidated and flood -damaged state of the former Grand Hotel for future redevelopment. This project would be in accordance with that redevelopment goal, and in accordance with the Downtown Master Plan for bringing additional residential opportunities to Downtown Waterloo. The site will need to be rezoned for development to occur. CITY WEBSITE: www.ci.waterioo.ia_us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The phases of development are spread out to allow a first phase to be completed, and time for a second phase to be designed, and then a third. There are some State Enterprise Zone incentives (tax credits) that are a part of this project as well, that are being finalized to fully determine its start date. There are also brownfield tax credits from the State of Iowa to help this project as well. Therefore, we would ask that the City Council set a date of public hearing, and publish and official notice pertinent to the request to sell and convey the area described herein. Expenditure Required. None Source of Funds: N/A Policy Issue: Sale of City Property and Economic Development Alternative: Background Information: The City of Waterloo has been working to actively gain new multi -story residential developments in and near Downtown Waterloo to bring more residents, visitors, and attractions to Downtown Waterloo. This Development Agreement is structured similar to the Development Agreement that was offer to the Sherman project on the riverfront, in terms of multi -phases, tax incentives, and sale of property. The City acquired the site for $800,000 and demolished the building upon the site. The Phase I project, would still pay an estimated $73,080 per year in taxes, with additional phases to follow. Cc: Jim Walsh, City Atomey Aric Schroeder, City Planner --file— t Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234-5701 Name Address City Phone MASTER DEVELOPMENT AGREEMENT This Master Development Agreement (the "Agreement") is entered into as of February 27, 2014, 2014 by and between Grand Investments, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Brent Dahlstrom is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Downtown Urban Renewal and Redevelopment Plan area, generally located on the southwesterly side of Jefferson Street, bounded by W. Mullan Avenue and Westfield Avenue, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Phased Development. The parties contemplate that Company will develop the Property in phases corresponding to the specific lots as generally depicted on Exhibit "B" attached hereto. Each phase is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. An apartment building consisting of above -ground floors and not less than La units comprising VJ total square feet, and related parking, landscaping, and other improvements. Phase 1 improvements will be located upon the area shown as "Lot 1" on Exhibit "B." DEVELOPMENT AGREEMENT Page 2 B. Phase 2. A mixed-use commercial building consisting of not less than square feet, and related parking, landscaping and other improvements. Phase 2 improvements will be located upon the area shown as "Lot 2" on Exhibit "B." C. Phase 3. Plans have yet to be developed for the area shown as "Lot 3" on Exhibit "B." In connection with each separate phase, Company and City agree to enter a development agreement supplemental to this Agreement and to enter into a minimum assessment agreement as described in Section 13 below. City may require that Company submit specific building designs and site plans for City review and approval as a condition to approval of a supplemental development agreement applicable to a given phase. Improvements to the Property completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement, and any part of the Improvements not completed within the prescribed period will not be eligible for said benefits. 2. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Company in separate transactions on a phase - by -phase basis as set forth herein, for the sum of $1.00 (the "Purchase Price") for that part of the Property subject to each phase (each a "Phase Area"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the next phase of the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it currently has in its possession, including any abstracts, to assist in title preparation. Company shall, at its sole expense, undertake all work of surveying necessary to subdivide the Property into distinct Phase Areas, and all other survey or platting work necessary or desirable for Company's Project purposes. 3. Improvements by Company. Company shall construct on each Phase Area the improvements described in Section 1 above, including related parking, landscape, and other improvement to the buildings and grounds (collectively, the "Improvements"). Parking for each phase of Improvements shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. The Improvements shall be constructed in accordance with all applicable DEVELOPMENT AGREEMENT Page 3 City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements for a given phase will have a cost as set forth in the supplemental development agreement applicable to that phase. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to the terms of this Agreement, Company may request conveyance of a Phase Area at any time before the following deadlines: Phase 1 conveyance deadline: November 30, 2014 Phase 2 conveyance deadline: November 30, 2017 Phase 3 conveyance deadline: November 30, 2020 Construction of Improvements for each phase must begin within the time set forth in this paragraph, or Company's right to acquire any Phase Area not yet conveyed to Company will expire. Measured from the date that any Phase Area is deeded to Company, Company must obtain a building permit and begin construction on the corresponding phase within nine (9) months. Construction of each phase shall be completed within twelve (12) months of its commencement. B. Events triggering reverter of title. (i) If Company has not, in good faith, begun the construction of any phase of the Improvements on said schedule, then title to the applicable Phase Area shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the applicable Phase Area shall revert to the City after the end of said extended period. (ii) If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable Phase Area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement except as DEVELOPMENT AGREEMENT Page 4 expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or any Phase Area. (iii) If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Phase Area(s) shall revert to the City. C. Extension of time. The parties acknowledge that Company may apply to the Iowa Economic Development Authority ("IEDA") to obtain for Enterprise Zone credits for one or more phases of the Project. As to any Project phase for which such an application is timely filed and diligently pursued to completion by Company, the deadline for completion of construction of such phase will be extended to account for any delays in IDEA's processing of Company's credit application. 5. Regulatory Approvals. Company acknowledges and agrees that the Project will require Company to obtain various approvals from the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company agrees to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property for design issues, landscape design, parking, construction documents, and other matters. 6. Platting and Release. Company may, in consultation with City, plat the Property or Phase Areas if reasonably necessary for purposes of the Project, at Company's sole expense. In connection with any sale by Company of that part of the Property corresponding with a completed phase of Improvements, City agrees to release such part of the Property from the conditions and restrictions set forth in this Agreement. A release of any such part of the Property shall not affect the continued effectiveness and enforceability of this Agreement as to any part of the Property that is not specifically released. 7. Easements. Company agrees, at its sole expense, to prepare and record one or more documents to create easements for the benefit of the Phase 2 and Phase 3 areas, allowing pedestrian and vehicular ingress and egress upon and across the Phase 1 area, and to designate a portion of the Phase 1 area as joint -use parking with the occupants and patrons of the Phase 2 and Phase 3 areas, generally as shown on Exhibit "B" attached hereto with the specific location and dimensions to be determined DEVELOPMENT AGREEMENT Page 5 by later instrument. Each such document shall be submitted to City for review and approval before recording. 8. Reverter of Title; Indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or any portion thereof. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property or any Phase Area of any type or nature whatsoever that attaches to the Property or a Phase Area by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property or any Phase Area, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any Phase Area for any purpose except in connection with financing of the Improvements. 10. Bonds. Reserved. 11. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. DEVELOPMENT AGREEMENT Page 6 12. City Activities in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 14 below. B. Acquisition of Property. The parties acknowledge that the Phase Area identified as Lot 3 on Exhibit "B" is currently owned by the State of Iowa or another state agency. City agrees to make reasonable efforts to acquire said property from the current owner(s) thereof within 24 months of City's conveyance of the Phase 2 area to Company. C. Tax credit assistance. City agrees to support Company's applications for enterprise zone credits and brownfield/grayfield tax credits and to assist Company in making application for such credits. 13. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against any portion of the Property conveyed to Company hereunder. In connection with each phase of Improvements, and as a condition to receiving the benefits provided for in this Agreement, Company agrees to execute a minimum assessment agreement substantially in the form attached hereto as Exhibit "C." Company further agrees that prior to the date set forth in Section 2 of such minimum assessment agreement it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount stated in the minimum assessment agreement applicable to a given phase (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 14. Tax Rebates. For each Phase Area, provided that Company has completed the Improvements as set forth herein and has executed a minimum assessment agreement as set forth in Section 14, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Twenty 42% rebate each year for any taxable value over the January 1, 2013 value. The taxable value of the Property as of January 1, 2013 is $201,140.00, which will be allocated proportionately to each Phase Area, based on square footage of the Phase Area, in the applicable supplemental development agreement as the Phase Areas become more clearly DEVELOPMENT AGREEMENT Page 7 identified. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements in the Phase Area, and in any event not based on a prior year for which the assessment is based solely upon (x) the value of the Property or a Phase Area or upon (y) the value of the Property or a Phase Area and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 15. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 16. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. DEVELOPMENT AGREEMENT Page 8 17. Restriction on Assignment or Conveyance; Sharing of Proceeds. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, to any other person or entity, its interest in any Phase Area before completion of all Improvements to be made upon such Phase Area without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. As a further condition to the granting of such consent, the parties agree to negotiate in good faith for Company's sharing of sale proceeds with City as partial reimbursement to City for its expenses relating to its activities in support of the Project and in assembling the Property. 18. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Grand Investments, LLC, 2202 College Street, Cedar Falls, IA 50613, Attention: Brent Dahlstrom, with a copy to Eric Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, IA 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, DEVELOPMENT AGREEMENT Page 9 employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Master Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] DEVELOPMENT AGREEMENT Page 10 CITY OF WATERLOO, IOWA GRAND INVESTMENTS, LLC By: By: /= ) Ernest G. Clark, Mayor Brent Dahlstrom, Manager Attest: Suzy Schares, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of multiple guarantors hereunder is joint and several. Brent Dahlstrom EXHIBIT "A" Legal Description of Property [insert description of entire site] Note: Legal description for purposes of conveyance will be determined at a later date. EXHIBIT "B" Aerial Depiction See attached. EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), Grand Investments, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "DA"), supplemental to a master development agreement entered into between said parties, regarding certain real property described therein located in the City of Waterloo; and WHEREAS, it is contemplated that pursuant to the DA, the Company will undertake the development of an area ("Phase Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Phase Project, which shall be effective upon substantial completion of the Phase Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Phase Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Phase Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company upon the real property described on Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Phase Project shall not be less than $ (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, . Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA GRAND INVESTMENTS, LLC By: By: Ernest G. Clark, Mayor Brent Dahlstrom, Manager By: Suzy Schares, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on February 27, 2014, by Brent Dahlstrom as Manager of Grand Investments, LLC. G17 Yvt,ef Notary Public BARBARA , . OS20EK cOMMlSS,O►' .O. 7 408 1v1Y COMMISS,:.`. e;, PIBES Ie.yeN 15, 2015 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than sq:, 9,\\A -A, Dollars ($ 6, ))c ; 003 ) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on Assessor for Black Hawk County, Iowa Date Notary Public SUPPLEMENTAL DEVELOPMENT AGREEMENT This Supplemental Development Agreement (the "Agreement") is made and entered into as of February 27, 2014 by and between Grand Investments, LLC (the "Company"), and the City of Waterloo, Iowa (the "City"). WHEREAS, City and Company are parties to that certain Master Development Agreement (the "Master Agreement") dated as of , and filed on as Doc No. in the office of the Black Hawk County Recorder, providing for the phased development of real property described therein; and WHEREAS, Company is willing and able to develop the real property described on Exhibit "A" attached hereto (the "Phase Area"). NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Company and City agree as follows: 1. Development. It is contemplated that the Phase Area Improvements will have a total project cost of approximately $ ;)00,ozo , and the parties hereby agree that the minimum actual value of the Phase Area which shall be fixed for assessment purposes after completion of Improvements shall be no less than $ -o ("Minimum Actual Value"). 2. Minimum Assessment Agreement. Company acknowledges and hereby agrees to the terms and conditions of the Master Agreement and that prior to the date set forth in Section 2 of Exhibit "B" hereto it will not seek or cause a reduction in the actual valuation for the Phase Area below the Minimum Actual Value, through: (i) willful destruction of the Phase Area, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign a minimum assessment agreement in the form attached hereto as Exhibit "B" with respect to the Improvements. 3. Tax Rebates. Provided that Company satisfies the conditions set forth in the Master Agreement, City agrees to property tax rebates as set forth in Section 14 of the Master Agreement in the manner and on the terms stated therein. City shall pay rebates to Company at least annually pursuant to a schedule to be determined by City. Company's share of the January 1, 2013 taxable value ($201,140.00) referenced in the Master Agreement is %, or $ 4. Representations and Warranties. City hereby reaffirms and restates, as of the date of this Agreement, the representations and warranties of City set forth in the Master Agreement. Company hereby affirms and states that the representations and warranties made by Company in the Master Agreement are, with respect to Company, true and correct as of the date of this Agreement. 5. Relation to Master Agreement. This Agreement is a supplement to the Master Agreement, and the terms of the Master Agreement govern this Agreement to the extent not in conflict herewith. The parties hereby specifically incorporate by reference the provisions of Sections 18 through 27, inclusive, of the Master Agreement as though said Sections were set forth in full in this Agreement. 6. Capitalized Terms. Each term in this Agreement that is capitalized but not defined herein shall have the meaning assigned to it in the Master Agreement. 7. Assignment. In the event of sale of the Phase Area, the benefits and obligations of Company under this Agreement shall automatically be transferred and conveyed to the new owner. Company shall notify City within ten (10) days of any such transfer or sale. IN WITNESS WHEREOF, the parties have executed this Supplemental Development Agreement as of the date and year written above. Grand Investments, LLC Brent Dahlstrom, Manager Date City of Waterloo, Iowa By: Ernest G. Clark, Mayor Date Attest: Suzy Schares, City Clerk Date 2 EXHIBIT "A" [insert Phase Area legal description] EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), Grand Investments, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Supplemental Development Agreement (the "SDA"), supplemental to a master development agreement entered into between said parties, regarding certain real property described therein located in the City of Waterloo; and WHEREAS, it is contemplated that pursuant to the SDA, the Company will undertake the development of an area ("Project Phase") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project Phase, which shall be effective upon substantial completion of the Project Phase and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project Phase only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project Phase. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company upon the real property described on Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project Phase shall not be less than $ (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, . Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA GRAND INVESTMENTS, LLC By: By: Ernest G. Clark, Mayor Brent Dahlstrom, Manager By: Suzy Schares, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was 2 signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on February 27, 2014, by Brent Dahlstrom as Manager of Grand Investments, LLC. tti„ 6/1,4) j 2721./J I ,C Notary Public 'CWP 3 BARBARA J. g,t OSTE rn COMMISSION NO. 720408 MY COMMISSION EXPIRES January 15, 2015 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than :amu Dollars ($ tf �, n , �;o� ) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by , Assessor for Black Hawk County, Iowa. Notary Public Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 10, 201 (' Prepared: March 5, 2014 Dept. Head Signature: ----- # of Attachments: 7 SUBJECT: Request to approve and accept certain temporary easement and permanent easement contracts with Restaurant Concepts, Inc., to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-8155(731)-70-07. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request by the City of Waterloo to accept certain temporary easement and permanent easement contracts with Restaurant Concepts, Inc., in conjunction with the Kimball Avenue Reconstruction Project, from Tower Park Drive, northward to Acadia Street (IDOT # STP -U- 8155(731)-70-07). The property in question is the Arby's Restaurant (3657 Kimball Avenue), located at the northeast corner of Kimball Avenue and Brookeridge Drive. Staff has been in the process of negotiating with property owners impacted by the project to obtain the necessary easements, and this has been accomplished. The property owner in question will be compensated $252.45 for the permanent easement, and $682.99 for the temporary easement. Total compensation will be $935.44. The permanent easement area is needed to allow for the relocation of a traffic signal pole. The temporary easement is needed to allow for grading and reconstruct the north driveway to the property. Please see the attached temporary easement and permanent easement contracts, as well as the easement plats and legal descriptions. The Federal Highway Administration has approved the proposed temporary easement contracts and amounts. This is a federal aid project, and the federal portion of the project is 80%, and the City will be funding the remaining 20%. Expenditure Required: CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Source of Funds: Local Option Funds, Surface Transportation Funds Policy Issue: Transportation, Economic Development, Land Use Alternative: n/a Background Information: Kimball Avenue has long had traffic congestion and delays from Ridgeway Avenue to San Marnan Drive. Implementation of these traffic improvements, which include new signals and turning lanes, is set to increase travel time by 50% through the corridor. Legal Description: See attached legal descriptions ta:NA cc: Aric Schroeder, City Planner Eric Thorson, City Engineer Jeff Bales, Associate Engineer --file-- Prepared by Tim Andera, City of Waterloo, Planning & Zoning, 715 Mulberry St, Waterloo, IA 50703, (319) 291-4366 PERMANENT EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a permanent easement over, under, and upon the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE ATTACHED EASEMENT PLAT WITH LEGAL DESCRIPTION for the purpose of installation, operation and future maintenance, repair, servicing, reconstruction and removal of a traffic signal pole. Together with rights of ingress and egress thereon and thereto. IN WITNESS WHEREOF, we have hereunto set our hands this i 8 day of Febru, 2014. State of /i Zona ACiiriro County) ss. For Restaurant Concepts, Inc. By: Edward Dwoc&k. Its: SeGre+a.r� On this IF day of robr-a_ar Y , 2014, before me the undersigned, a Notary Public in and for the County of Marie eion._, State of ,4y , personally appeared 6..ciev and L too ra K , to me known to be the person(s) named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal CINDY QUINBY Notary MAR- State of ICOPA CO N ' MY Commission Expires fob. 14, 200 Ntary Public Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 PERMANENT EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-301-071 OWNER: RESTAURANT CONCEPTS, INC. 3657 KIMBALL AVENUE WATERLOO, IA 50702 KIMBALL AVENUE POB QD N 0°31'53" W 14.00' PROJECT PARCEL NO. 84 49 IN %).t4 114 54 4.S. � 9F' LINE TABLE QA N 0° 31'53' W 10.00' © N 89° 28'07' E 5.50' © S 0° 31'53' E 10.00' QD S 89° 28'07' W 5.50' BROOKERIDGE DRIVE LEGEND P.O.B. POINT OF BEGINNING NOTES: D BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 12010. 21 DISTANCES IN FEET AND DECIMALS THEREON. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. GREGG E. SAMPSON, P.LS. UCENSE NUMBER; 14809 MY UCENSE RENEWAL DATE 15 DECEMBER 31, 2014 ENTIRE SUBMISSION 15 COVERED BY THIS SEAL UNLESS SPECIFIED BELOW. DATE 0 20 F1141 SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE PERMANENT EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3657 KIMBALL AVENUE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 84 OWNER: RESTAURANT CONCEPTS, INC. 3510 N. POWER RD #121 MESA, AZ 85215 PARCEL NO. 8813-03-301-071 PARCEL DESCRIPTION: PERMANENT EASEMENT EXHIBIT PART OF THE SW 1/4 SW 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF BROOKERIDGE DRIVE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 0°31'53" WEST ON SAID EAST RIGIHT OF WAY LINE, 14.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°31'53" WEST ON SAID EAST RIGHT OF WAY LINE, 10.00 FEET; THENCE NORTH 89°28'07" EAST, 5.50 FEET; THENCE SOUTH 0°31'53" EAST, 10.00 FEET; THENCE SOUTH 89°28'07" WEST, 5.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 55 SQUARE FEET. Parcel(s): #84 — Restaurant Concepts, Inc. Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION IN WITNESS WHEREOF, we have hereunto set our hands this / 8t- day of F�brua�c� , 20 14 . X 11A/t1-""%i`zc�i For Restaurant Concepts, Inc. By: F,ci W&rci Dwo,ra.k Its: Secxe-. j State of V, ZD ri a-- ) /ttVICo p€L County ) ss. On this ji day of Feb rtw vi-( , 2013 .efore me the undersigned, a Notary Public in and fort County of Ao i11 e opca✓ , State of �, n. , personally appeared Eci, r .e -if d u_No r , to me known to be the person named in and who executed the foregoing instrument and acknowledged that --/Lj u21 executed the same as i r voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal CINDY QUINBY Notary Public • State of Arizon$ MARICOPA COUNTY My Commission Expires Feb. 14, 2017 Public fbr the State of eL Notary ub � Y /Zovl • Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW. Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-301-071 OWNER: RESTAURANT CONCEPTS, INC. 3657 KIMBALL AVENUE WATERLOO, IA 50702 POB SW COR LOT 57 KIMBALL AVENUE LINE TABLE pA N 89°37'46' E 11.00' © S 00° 31'53' E 61.98' © S 89°36'02' W 5.00' pD N 89°13'16' E 12.00' DE S 00°46'44' E 2.00' pF S 89°13'16' W 18.00' © N 00°31'53" W 14.00' pH N 89° 28'07' E 5.50' pl N 00°31'53' W 10.00' QJ S 89°28'07' W 5.50' BROOKERIDGE DRIVE LEGEND P.O.B. POINT OF BEGINNING NOTES: 11 BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (20111. 2) DISTANCES IN FEET AND DECIMALS THEREON. 0 50 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3657 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: RESTAURANT CONCEPTS, INC. 3510 N. POWER RD #121 MESA, AZ 85215 PARCEL NO. 8813-03-301-071 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE SW 1/4 SW 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 57; THENCE NORTH 89°37'46" EAST ON THE SOUTYH LINE OF SAID LOT 57, A DISTANCE OF 11.00 FEET; THENCE SOUTH 0°31'53" EAST, 61.98 FEET; THENCE SOUTH 89°36'02" WEST, 5.00 FEET; THENCE SOUTH 0°31'53" EAST, 137.57 FEET; THENCE NORTH 89°13'16" EAST, 12.00 FEET; THENCE SOUTH 0°46'44" EAST, 2.00 FEET TO THE NORTH RIGHT OF WAY LINE OF BROOKERIDGE DRIVE; THENCE SOUTH 89°13'16" WEST ON SAID RIGHT OF WAY LINE, 18.00 FEET TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 0°31'53" WEST, 14.00 FEET; THENCE NORTH 89°28'07" 5.50 FEET; THENCE NORTH 0°31'53" WEST, 10.00 FEEET; THENCE SOUTH 89°28'07" WEST, 5.50 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE NORTH 0°31'53" WEST ON SAID RIGHT OF WAY LINE, 177.60 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 1,488 SQUARE FEET (0.03 ACRES). Note'. Base map data source Is Black Hawk County. This map does not represent a survey, no liability is mad for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on thP map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. Brookeridge Drive Prepared repaby Carol P e red Nemmers' Deputy City y Street, Waterloo Clerk, City of Waterloo, IA 50703, (319) 291-4323, RESOLUTION NO. 2014-174 RESOLUTION ACCEPTING PERMANENT EASEMENT AND APPROVING A EASEMENT AGREEMENT AGREEMENT AND TEMPORARY INC. WITH RESTAURANT CONCEPTS, WHEREAS, that the TemporaryHR Easement Permanent Easement Agreement of the hereinafter Agreement and parcel is to allow for roadway described Tower Park Drive and Acadiam Stye tents to Kimball Avenue between IDOT #STP -U-8155(731)-70-07. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE OF WATERLOO, IOWA, that the Permanent Easement Agreement TemporaryCITY Easement Agreement g ment and Concepts, Inc. by and between Restaurant for the hereinafter described arcel, all which is situated in the City of Waterloo, BlackHawkHawk Counof State of Iowa, is accepted and approved: ty' Permanent Easement Part of the Southwest k of the Southwest k of Section 3, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the point of intersection of the North right of way line of Brookeridge Drive and the East right of way line of Kimball Avenue; thence North 0°31'53" West on said East right of way line, 14.00 feet to the point of beginning; thence continuing North 0°31'53" West on said East right of way line, 10.00 feet; thence North 89°28'07" East, 5.50 feet; thence South 0°31'53" East, 10.00 feet; thence South 89°28'07" West, 5.50 feet to the point of beginning. Described parcel contains 55 square feet; for $252.45. Temporary Easement Part of the Southwest k of the Southwest - of Section 3, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of Lot 57; Thence North 89°37'46" East on the South line of said Lot 57, a distance of 11.00 feet; Thence South 0°31'53" East, 61.98 feet; Thence South 89°36'02" West, 5.00 feet; Resolution 2014-174 Page 2 Thence South 0°31'53" East, 137.57 feet; Thence North 89°13'16" East, 12.00 feet; Thence South 0°46'44" East, 2.00 feet to the North right of way line of Brookeridge Drive; Thence South 89°13'16" West on said right of way line, 18.00 feet to the East right of way line of Kimball Avenue; Thence North 0°31'53" West, 14.00 feet; Thence North 89°28'07" 5.50 feet; Thence North 0°31'53" West, 10.00 feet; Thence South 89°28'07" West, 5.50 feet to said East right of way line; Thence North 0°31'53" West on said right of way line, 177.60 feet to the point of beginning. Described parcel contains 1,488 square feet (0.03 acres); for $682.99 PASSED AND ADOPTED this 10th day of March, 2014. 17/ ji1"7 nest G Clark, Mayor ATTEST: Suzy Schres, CMC City Clerk t Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 10, 2014 Prepared: March 4, 2014 Dept. Head Signature: # of Attachments: 15 SUBJECT: Request to approve and accept certain temporary easement contracts to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-8155(731)-70-07. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request by the City of Waterloo to accept certain temporary easement contracts in conjunction with the Kimball Avenue Reconstruction Project, from Tower Park Drive, northward to Acadia Street (IDOT # STP -U-8155(731)-70-07). Staff has been in the process of negotiating with property owners impacted by the project to obtain temporary easements, and this has been accomplished. The property owners in question will be compensated the following amounts for the acquisition of the temporary easements: • 3410 Building Partnership, LLC • The Auto Club Group • Southridge Prof Bldg Co • MidAmerican Energy Company • Greenwood Family Prop, LLC • Locke Realty, Inc. • Wells Fargo Bank, NA • Weaver Enterprises, LTD • NE Iowa Real Estate Investments, • Central Christian Church • Operation Threshold • Sun Real Estate Investments, LLC • Vanderloo, LLC $ 100.00 $ 100.00 $ 762.40 $ 161.35 $ 987.60 Donated $ 275.55 Donated LTD $ 1,170.20 $ 541.01 $880.50 $1,457.50 $100.00 CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Please see the attached temporary easement contracts, easement plats and legal descriptions. The Federal Highway Administration has approved the proposed temporary easement contracts and amounts. This is a federal aid project, and the federal portion of the project is 80%, and the City will be funding the remaining 20%. Expenditure Required: Source of Funds: Local Option Funds, Surface Transportation Funds Policy Issue: Transportation, Economic Development, Land Use Alternative: n/a Background Information: Kimball Avenue has long had traffic congestion and delays from Ridgeway Avenue to San Marnan Drive. Implementation of these traffic improvements, which include new signals and turning lanes is set to increase travel time by 50% through the corridor. Legal Description: See attached legal descriptions ta: NA cc: Aric Schroeder, City Planner Eric Thorson, City Engineer Jeff Bales, Associate Engineer --file-- Parcel(s): #21 — 3410 Building Partnership, LLC Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION. For 341 Building Partnership, LLC By: 54 e P h e c Its: IN WITNESS WHEREOF, we have hereunto set our hands this t' day of e rvib , 20 /3. State of Iowa Black Hawk County ss. On this t 34hday of _De C e tL\ 10 c v- , 20 t before me the undersigned, a Notary Public in and for the County of 131 acc. I� 1-E cu uk, State of i c W (i--- , personally appeared ,SA --e ph Q,0 -I--i '(Y\ Ce V) C\ [--t D , to me known to be the person named in and who executet1 the foregoing instrument and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal, Notary Public for the State of Iowa C5<<�> Sep b v I o 2c - Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ' TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-430-OII OWNER: 3410 BUILDING PARTNERSHIP LLC 3410 KIMBALL AVENUE WATERLOO. IA 50702 RACHAEL ST. P08 z LINE TABLE • S 55"21'42" E © N 48"08'58' W © N 89"03'47'E 10.00' 14.68' 10.00' LEGEND P.0.8. POINT OF BEGINNING NOTES: I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2010. 2) DISTANCES IN FEET AND DECIMALS THEREON. 0 30 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3410 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: 3410BUILDING PARTNERSHIP LLC 3410 KIMBALL AVENUE WATERLOO, IOWA 50702 PARCEL NO. 8813-04-430-011 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF LOT 122 OF THE SIXTH ADDITION TO SOUTHRIDGE, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 122; THENCE SOUTH 5°21'42" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 10.00 FEET; THENCE NORTH 48°08'58" WEST, 14.68 FEET TO THE SOUTH RIGHT OF WAY LINE OF RACHAEL STREET; THENCE NORTH 89°03'47" EAST ON SAID RIGHT OF WAY LINE, 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 50 SQUARE FEET. Parcel(s): #22 — The Auto Club Group Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION. H if IN WITNESS WHEREOF, we have hereunto set our hands this day of ,i /Yiia, ' ,20 /Li. For The Auto Club•oup By:Sean H. fla ro/be,si Its: SA. V_f?r C:(. U E Tres urer State of i _V'1 ) \,),) ;.s k. County ) ss. On this 1141 day of re, V] u C i1 , 2011-1 , before me the undersigned, a Notary Public in and for the County of 11Jc�\t , State of � personally appeared S e to . 4 a kost1,,, , to me known to be the person named in and who executed the foregoing instrument and acknowledged that _ executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. -11-.. ' al' -. .a .. lat, 1(Au 4e -k- >- : Notar Public for the State of t tom) : .....•--- CYNTHIA ROSE BURRO Notary Public, State of Michigan County of Wayne My Commission Expkos Jun. 21, 2020 Acting 1n the County of Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52401. ph 319-318-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO,, BLACK HAWK COUNTY. IOWA COUNTY PARCEL NO. 8813-04-426-014 OWNER: AAA MINNESOTA IOWA 3366 KIMBALL AVENUE WATERLOO, IA 50702 Oc6P9 1' SVGS 4 .�O Akta LINE TABLE ® 89°03'47"W © N 41°51'02' E © S 05° 21'42' E RAC]HAEL ST ; EET 10.00' 13.59' 10.00' LEGEND P.O.B. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 12011). 21 DISTANCES IN FEET AND DECIMALS THEREON. KIMBALL AVENUE POB 0 20 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3366 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: AAA MINNESOTA IOWA THE AUTO CLUB GROUP 1 AUTO CLUB DRIVE ATTN ASSET CONTROL & REPORTING DEARBORN, MICHIGAN 48126 PARCEL NO. 8813-04-426-014 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF LOT 60, SECOND ADDITION TO SOUTHRIDGE, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 60; THENCE SOUTH 89°03'47" WEST ON THE SOUTH LINE OF SAID LOT 60, A DISTANCE OF 10.00 FEET; THENCE NORTH 41°51'02" EAST, 13.59 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 5°21'42" EAST ON SAID RIGHT OF WAY LINE, 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 50 SQUARE FEET. Parcel(s): #28 — Southridge Prof Bldg Co. Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION IN WITNESS WHEREOF, we have hereunto set our hands this I g day of ,20 i/. X 1 YIt,l.It444 For Southridge Prof Bldg Co. By: B cp-S i N f2- • 5u-- � zil�S Its: ,7 2T-� State of Iowa ) Black Hawk County ) ss. On this /c J4day of P-6-1,5 (?tt t 2(A Notary Public in and for the County of 8/4 appeared bay y 6ov,,t te,lc�j to be the person named in and who executed the executed the same as , 20f 7 , before me the undersigned, a 6,k i 4 \ ' v.,State of j V\ ;4 , personally , to me known foregoing instrument and acknowledged that voluntary act and deed IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal LL \.'lam Notary Public for the State of Iowa 0 9 - .� Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378=1401" TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8E313-04-426-020 OWNER: SOUTHRIOGE PROFESSIONAL BUILDING COMPANY KIMBALL AVENUE WATERLOO. IA 50702 NOTES: Il BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 12011). 21 DISTANCES IN FEET AND DECIMALS THEREON. KIMBALL AVENUE SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: SOUTHRIDGE PROFESSIONAL BUILDING COMPANY 3308 KIMBALL AVENUE WATERLOO, IOWA 50702 PARCEL NO. 8813-04-426-020 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT THE MOST EASTERLY 15.00 FEET OF LOT 65 OF SECOND ADDITION TO SOUTHRIDGE, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. DESCRIBED PARCEL CONTAINS 1661 SQUARE FEET (0.04 ACRES). Pareelts): 1429 — MidAmerican Energy Company Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION. IN WITNESS WHEREOF, we have hereunto set our hands this //day of a&l:- 2014. X For Mi cat rgy Company By: Jef rey J. Gust Its: Vice President, Compliance and Standards State of Iowa Polk County ss. On this / Ly of I 4A, I J , 2014, before me the undersigned, a Notary Public in and for the County of Polk, State of Iowa, personally appeared Jeffrey J. Gust, to me known to be the person named in and who executed the foregoing instrument and acknowledged that Jeffrey J. Gust executed the same as his voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal �a ROBYN STEPHENS •� Commission Numberr775566317 Notary Public r the State o Iowa Propored by: Gregg E. Sonpson. Amens Design, 625 32nd Ave SW. Codd' Ropids, IA 52404. ph 319-31S-140 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO. BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO.8BI3-04-27B-OI2 OWNER: IOWA PUBLIC SERVICE COMPANY KIMBALL AVENUE WATERLOO. IA 50702 NOTES, it BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE. BAD 1983 (2010. ?)DISTANCES IN FEET AND DECIMALS THEREON. 20 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SI IEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: IOWA PUBLIC SERVICE COMPANY PO BOX 78 -TAX DEPT SIOUX CITY, IOWA 51 102 PARCEL NO. 8813-04-278-012 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT THE EAST 15.00 FEET OF TRACT 'A' OF SOUTHGATE FIRST ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. DESCRIBED PARCEL CONTAINS 747 SQUARE FEET (0.02 ACRES). Parcel(s): #30 — Greenwood Family Propert, LLC. Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION. IN WITNESS WHEREOF, we have hereunto set our hands this b2-- day of `+c fin`' , 20 i t • X For Gre n'wood Family Propert, LLC By: Gu''- Its:(\e‘ t i '_ State of Iowa Black Hawk County ss. On this ZZNo day of vlfi'uir' Notary Public n and for the County of appeared L-rX''e7 )v\tUt D to be the person named in and who executed the f -k£' executed the same as , 20 f! , before me the undersigned, a , State of ht,i, )t , personally , to me known foregoing instrument and acknowledged that voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal TIM ANDERA e a COMMISSION NO. 772518 MY COMMISSION EXPIRES w " Aprif 11 2015 Notary Public for the State of Iowa Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404. ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-278-014 OWNER: GREENWOOD FAMILY PROPERTY LLC. 3254 KIMBALL AVENUE WATERLOO, IA 50702 LINE TABLE Q S 89°03'37" W © N 88°11'38' E 15.00' 15.00' r L LEGEND P.0.8. POINT OF BEGINNING NOTES: I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM. NORTH ZONE, NAD 1983 120111. 2) DISTANCES IN FEET AND DECIMALS THEREON. KIMBALL AVENUE POB NE COR TRACT A SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3254 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: GREENWOOD FAMILY PROPERTY LLC 224 BYRON AVENUE C/O ROBERT GREENWOOD WATERLOO, IOWA 50702 PARCEL NO. 8813-04-278-014 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE SE 1/4 NE 1/4 OF SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT 'A' OF SOUTHGATE FIRST ADDITION; THENCE SOUTH 89°03'37" WEST ON THE NORTH LINE OF SAID TRACT 'A', 15.00 FEET; THENCE NORTH 1°42'05" WEST, 219.32 FEET TO THE NORTH LINE OF THE LAND DESCRIBED IN DEED TO GREENWOOD FAMILY PROPERTY LLC, RECORDED AS DOC #2011 008801 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 88°11'38" ON SAID NORTH LINE, 15.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 1°42'05" EAST ON SAID RIGHT OF WAY LINE, 219.55 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 3,292 SQUARE FEET (0.08 ACRES). Parcel(s): #34 — Locke Realty, Inc. Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION IN WITNESS WHEREOF, we have hereunto set our hands this / r day of J GY1 uur7 , ILL. For Locke Realty, Inc. By: tri(, J. 1-2j Its: V.e_e State of Iowa ) Black Hawk County ) ss. On this i 5 ' day of Juin to irr , 2011, before me the undersigned, a Notary Public in and for the County of Skit k 6Lwk, State of 01.4.jti , personally appeared er ` J J. LoUke , to me known to be the person named in and who executed the foregoing instrument and acknowledged that Ile executed the same as 4-ivoluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal 1 Notary Public for the State of o<va PROJECT: PARCEL: OWNER: Kimball Avenue Improvements Project Parcel 34 Locke Realty, Inc. OFFER TO DONATE FORM As owners of real estate needed for the above -referenced project and parcel, and acknowledging the fact that (I) (We) are entitled to just compensation of the subject property, nevertheless, desire to donate the property. (I) (We) waive such compensation rights and will execute the necessary documents for the City of Waterloo, Iowa. This donation to the City of Waterloo, Iowa, is made without any coercive action of any nature. J4n144r7 /5� Date I For Locke Realty, Inc. By: 6:(17- J. Lo ke Its: ti � 13-e4;31. 1 State of Iowa Black Hawk County On this /ay of Notary Public in and for the County of appeared CJ E ss. , 201 4, before me the undersigned, a i State of J v e /-} , personally , to me known to be the person named in and who executed the foregoing instrument and acknowledged that executed the same as /It s voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal / C Notary Public for the Sate o owa Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-276-015 OWNER: SCHUMACHER FUNERAL PROPERTIES LC 3146 KIMBALL AVENUE WATERLOO, IA 50702 SE CORNER LOT 50 SOUTHGATE THIRD ADDN. 2.7 PARK LANE LINE TABLE LEGEND OA S 00° 52'32" E © S 88° 58'54" W © N 44° 03'11" E 10.00' 10.00' 14.16' A S 00"52'32" E KIMBALL AVENUE P.O.B. POINT OF BEGINNING NOTES: I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 2) DISTANCES IN FEET AND DECIMALS THEREON. 3) TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THE CITY OF WATERLOO. POB 0 30 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3146 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: SCHUMACHER FUNERAL PROPERTIES LC CONTRACT PURCHASER : LOCKE REALTY INC. 1519 W 4TH STREET WATERLOO, IOWA 50702 PARCEL NO. 8813-04-276-015 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE SE 1/4 NE 1/4 OF SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 50, SOUTHGATE THIRD ADDITION; THENCE SOUTH 0°52'32" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 264.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0°52'32" EAST ON SAID WEST RIGHT OF WAY LINE, 10.00 FEET TO THE NORTH RIGHT OF WAY LINE OF PARK AVENUE; THENCE SOUTH 88°58'54" WEST ON SAID SOUTH RIGHT OF WAY LINE, 10.00 FEET; THENCE NORTH 44°03'11" EAST, 14.16 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 50 SQUARE FEET. AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3065 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: PEOPLES BANK AND TRUST COMPANY C/O THOMPSON PROPERTY TAX SERVICES PO BOX 2609 CARLSBAD, CA 92018 PARCEL NO. 8813-03-151-023 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NE/4 NE 1/4 SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF SOUTHAVEN ADDITION; THENCE NORTH 0°52'32" WEST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 828.07 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 0°52'32" WEST ON SAID EAST RIGHT OF WAY LINE, 35.00 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN DEED TO KENNETH A. AND PATTY L. BUDKE, RECORDED IN LD BOOK 553 AT PAGE 843 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 89°23'09" EAST ON SAID SOUTH LINE, 10.00 FEET; THENCE SOUTH 0°52'32" EAST, 34.95 FEET; THENCE SOUTH 89°07'28" WEST, 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 350 SQUARE FEET (0.008 ACRES). c31. Parcel(s): #56'— Peoples Bank and Trust Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION. `` IN WITNESS WHEREOF, we have hereunto set our hands this •Z t7 day of �J .20t`i. For Peoples-Bank-anrk test k%LA c- By: Its: State of /1'(, 1•,1"ICSd ft-- ) /4---eonzio:n County ) ss. ivi On this as —day of '/ � (�.yt , 20 /y', before me the undersigned, a Notary Public in and for the County of U" 19` n , State of /(,( int n1SLft ; personally appeared j3 p,41 t- £ �'' `""'' SOyt , to me known to be the person named in and who executed the foregoing instrument and acknowledged that 1t4. executed the same as %,{A S voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal SHEILA = ENDER NOTARY PUI^ `t: ; INNESOTA MY COMMISS • : EXPIRES 01/31/16 Notary Public for the St to of AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3065 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: PEOPLES BANK AND TRUST COMPANY C/O THOMPSON PROPERTY TAX SERVICES PO BOX 2609 CARLSBAD, CA 92018 PARCEL NO. 8813-03-151-024 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NE 1/4 NE 1/4 SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF SOUTHAVEN ADDITION; THENCE NORTH 0°52'32" WEST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 658.27 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 0°52'32" WEST ON SAID EAST RIGHT OF WAY LINE, 20.00 FEET; THENCE NORTH 89°07'28" EAST, 15.00 FEET; THENCE SOUTH 0°52'32" EAST, 20.06 FEET TO THE NORTH LINE OF THE LAND DESCRIBED IN DEED TO WEAVER ENTERPRISES LTD, RECORDED AS DOC. #2005 000668 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 89°20'49" WEST ON SAID NORTH LINE, 15.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 300 SQUARE FEET (0.007 ACRES). Prepared by: Gregg E. Sampson, Ament Design. 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-37.8-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-151-023 OWNER: PEOPLES BANK AND TRUST COMPANY 3065 KIMBALL AVENUE WATERLOO, IA 90702 POB KIMBALL AVENU NW CORNER LOT 1 SOUTHAVEN ADDN. N 00°52'32" W 828.07' 27 LINE TABLE ® N 00° 52'32' W © N 89° 23'09' E © S 00° 52'32" E © S 89° 07'28' W 35.00' 10.00' 34.95' 10.00' LEGEND P.O.B. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAO 1983 (20111. 21 DISTANCES IN FEET AND DECIMALS THEREON. 0 30 FEET SHEET IOF 2 s Prepored by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-151-024 OWNER: PEOPLES BANK AND TRUST COMPANY 3065 KIMBALL AVENUE WATERLOO, IA 50702 LINE TABLE QA N 00° 52'32" W ® N 89° 07'28' E © S 00° 52'32" E QD S 89° 20'49" W NW CORNER LOT 1 SOUTHAVEN ADDN. 20.00' 15.00' 20.06' 15.00' LEGEND P.O.B. POINT OF BEGINNING NOTES: I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 2) DISTANCES IN FEET AND DECIMALS THEREON. 3) TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THE CITY OF WATERLOO. 0 20 FEET SHEET IOF 2 Parcel(s): #58 — Weaver Enterprises, LTD Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION IN WITNESS WHEREOF, we have hereunto set our hands this / day of 96 `— ,20/3. x i ,� % For e. er Enterprises, LTD By I State of aLL. f+0,- < County ss. On this 12 day of ,1)=c c -1-,,L)-0(--- , 200 , before me the undersigned, a Notary Public in and for the County of Pc"o . cc-. , State of Tri_, personally appeared --je rn • lam) -c, Li e r , to me known to be the person named in and who executed the foregoing instrument and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal OFFICIAL SEAL DEENA HOERR NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 4-26-2015 Notary Public for the State of _L_L. PROJECT: Kimball Avenue Improvements Project PARCEL: Parcel 58 OWNER: Weaver Enterprises, LTD OFFER TO DONATE FORM As owners of real estate needed for the above -referenced project and parcel, and acknowledging the fact that (I) (We) are entitled to just compensation of the subject property, nevertheless, desire to donate the property. (I) (We) waive such compensation rights and will execute the necessary documents for the City of Waterloo, Iowa. This donation to the City of Waterloo, Iowa, is made without any coercive action of any nature. l2 - l3 Date State of 'f e -- Pio County ) ss. Its: ei ver Enterprises, LTD le 5 On this / 12 day of DEC t kl1 f) ' , 2013, before me the undersigned, a Notary Public in and for the County of cc ,- I , State of Tr -L_ , personally appeared ) c -t L= Ec z U -€ r- , to me known to be the person named in and who executed the foregoing instrument and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal Notary Public for the State of OFFICIAL SEAL DEENA HOERR NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 4-26-2015 PO8 KIMBALL AVENUE Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-151-025 OWNER: WEAVER ENTERPRISES LTD. 3115 KIMBALL AVENUE WATERLOO, IA 50702 N 00'52'32" W 626.27' F 27 NW CORNER LOT 1 SOUTHAVEN ADEN. 1 LINE TABLE QA N 00°52'32' W 30.00' © N 89°20'4T E 15.00' © S 00° 52'32' E 29.94' pD S 89'07'28' W 15.00' LEGEND P.O.B. POINT OF BEGINNING NOTES: 11 BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM. NORTH ZONE. NAD 1983 120111. 2) DISTANCES IN FEET AND DECIMALS THEREON. 0 20 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3115 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: WEAVER ENTERPRISES LTD. 5806 W WAR MEMORIAL DR PEORIA, ILLINOIS 61615 PARCEL NO. 8813-03-151-025 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NE 1/4 NE 1/4 SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF SOUTHAVEN ADDITION; THENCE NORTH 0°52'32" WEST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 628.27 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 0°52'32" WEST ON SAID EAST RIGHT OF WAY LINE, 30.00 FEET TO THE NORTH LINE OF THE LAND DESCRIBED IN DEED TO WEAVER ENTERPRISES LTD, RECORDED AS DOC. #2005 000668 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 89°20'49" EAST ON SAID NORTH LINE, 15.00 FEET; THENCE SOUTH 0°52'32" EAST, 29.94 FEET; TTHENCE SOUTH 89°07'28" WEST, 15.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 450 SQUARE FEET (0.01 'ACRES). Parcel(s): #59 — NE Iowa Real Estate Investments, LTD Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION r/ 1 IN WITNESS WHEREOF, we have hereunto set our hands this / d day of �` ,, ,20/3. X Fo Iowa Real Its: 7 State of Iowa Black Hawk County ss. On this 1, day of DrY c , 20/-3 , bef re me the undersigned, a /�% Notary Public in and for the County of 8/a 't State of �1� — , personally appeared mac k Du5 en b er , to me known to be the person named in and who executed the foregoing instrument and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal (470-4 ✓, X�b�L,Gk� Notary Public for the State of It AZF,6 Fax (3W) Prepared by( Gregg E. Sampson, Ament Design, 625 32nd Ave SW. Cedar Rapids. IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-151-021 OWNER: NE IOWA REAL ESTATE INVESTMENTS LTD. KIMBALL AVENUE WATERLOO, IA 50702 KIMBALL AVENUE POB NW COR LOT 1 LINE TABLE AO N 89°07'28' E 8Q S B9°26'04' W 20.00' 20.00' LEGEND P.O.B. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 2) DISTANCES IN FEET AND DECIMALS THEREON. SHEET IOF 2. AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: NE IOWA REAL ESTATE INVESTMENTS, LTD. 3421 W 9TH STREET WATERLOO, IOWA 50702 PARCEL NO. 8813-03-151-021 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE SE 1/4 NE 1/4 SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SOUTHAVEN ADDITION; THENCE NORTH 0°5T32" WEST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 300.00 FEET; THENCE NORTH 89°07'28" EAST, 20.00 FEET; THENCE SOUTH 0°52'32" WEST, 300.11 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 89°26'04" WEST ON SAID NORTH LINE, 20.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 6,001 SQUARE FEET (0.14 ACRES). Parcels : #81- Central Christian Church Kimball Avenue Im•rovements Pro'ect TEMPORARY CONSTRUCTION EASEMENT a emporar The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, Bltek Hawk easement(s) across the following described property in the City of Waterloo, County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION. IN WITNESS 'WHEREOFwe have hereunto set our hands this day of �'C e" , 20 ! For Centra Chris=Q' Church Its: n /+� /'� ..� 1-b '� State of Iowa ) Black Hawk County /� ) ss. On this /fr.-day of D C e , 20 r before me the undersigned, a Notary Public ill and for the County of .13 /aCC/G /%L��/tate of cr vv�, personally appeared � d e -i l �J F n c a_n- r�- i t , to me known �- � to be the person named in and who executed the foregoing instrument and acknowledged that -e_ executed the same as A i S voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal i Notary Publi e for he Siate of Iowa Prepared by: Gregg E. Sampson, Ament Design. 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 - TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY. IOWA COUNTY PARCEL NO. 8813-03-301-019 OWNER: CENTRAL CHRISTIAN CHURCH 3475 KIMBALL AVENUE WATERLOO, IA 50702 POB SW COR LOT 116 KIMBALL AVENUE R.5863.00' L=225.00' P.O.B. NW COR LOT 61 BROOKERIDGE ADDN. 0 R= 5870.00' L=37.04' R= 5876.00' L=48.11' R= 5886.00' L=140.91' LINE TABLE QA S 89°26'57' W 8.10' © N 86°21'02' E 7.00' © N 860 42'44" E ' 6.00' QO N 87'10'53' E 10.00' QE S 89°26'57' W 14.90' QF N 890 03'47" E 5.01' © S 05°21'42' E 49.62' pH S 84° 38'18' W 5.00' QI N 05° 21'42' W 50.01' LEGEND P.O.B. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 120111. 2) DISTANCES IN FEET ANO DECIMALS THEREON. 0 60 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3475 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: CENTRAL CHRISTIAN CHURCH 3475 KIMBALL AVENUE WATERLOO, IA 50702 PARCEL NO. 8813-03-301-019 PARCEL #1 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NW 1/4 SW 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 61, BROOKERIDGE ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA; THENCE SOUTH 89°26'57" WEST ON THE WESTERLY PROLONAGATION OF THE NORTH LINE OF SAID LOT 61, A DISTANCE OF 8.10 FEET TO THE BEGINNING OF A 5863.00 -FOOT RADIUS CURVE CONCAVE WESTERLY AND HAVING A LONG CHORD OF 224.98 FEET BEARING NORTH 2°33'00" WEST; THENCE NORTHERLY ON THE ARC OF SAID CURVE, 225.00 FEET; THENCE NORTH 86°21'02" EAST, 7.00 FEET TO THE BEGINNING OF A 5870.00 -FOOT RADIUS CURVE CONCAVE WESTERLY AND HAVING A LONG CHORD OF 37.04 FEET BEARING SOUTH 3°28'07" EAST; THENCE SOUTHERLY ON THE ARC OF SAID CURVE, 37.04 FEET; THENCE NORTH 86°42'44" EAST6.00 FEET TO THE BEGINNING OF A 5876.00 -FOOT RADIUS CURVE CONCAVE WESTERLY AND HAVING A LONG CHORD OF 48.11 FEET BEARING SOUTH 3°03'12" EAST; THENCE SOUTHERLY ON THE ARC OF SAID CURVE, 48.11 FEET; THENCE NORTH 87°10'53" EAST, 10.00 FEET TO THE BEGINNING OF A 5886.00 -FOOT RADIUS CURVE CONCAVE WESTERLY AND HAVING A LONG CHORD OF140.90 FEET BEARING SOUTH 2°07'58" EAST; THENCE SOUTHERLY ON THE ARC OF SAID CURVE 140.91 FEET TO SAID NORTH LINE LOT 61; THENCE SOUTH 89°26'57" WEST ON SAID SOUTH LINE, 14.90 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 4,113 SQUARE FEET (0.09 ACRES). PARCEL #2 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NW 1/4 SW 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 116 OF SOUTHAVEN FIRST ADDITION; THENCE NORTH 89°03'47" EAST ON THE SOUTH LINE OF SAID LOT 116, A DISTANCE OF 5.01 FEET; THENCE SOUTH 5°21'42" EAST, 49.62 FEET; THENCE SOUTH 84°38' 18" WEST, 5.00 FEET TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 5°21'42" WEST ON SAID RIGHT OF WAY LINE, 50.01 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 250 SQUARE FEET (0.006 ACRES). Parcel(s): #82a1 & 82b1 — Operation Threshold Kimball Avenue Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION IN WITNESS WHEREOF, we have hereunto set our hands this / J Cv day of ,20H X Foration Threshold By: -k. (-7,1,-;"‘-‘ Its: State of Iowa ) Black Hawk County ) ss. On this I Lt day of Sci.rt u,U-rt. , 20 / LI , before me the undersigned, a Notary Public in and for the County of/3(d.. (kcudk. , State of To w o,. , personally appeared /.30,.(12 are._ Grctir t , to me known to be the person named in and who executed the foregoing instrument and acknowledged that 3ke.- executed the same as +ht. voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal Notary Iowa Nota Public for the Sta�e�of Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52409, ph 319-378-14.01 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. (MULTIPLE) OWNER: OPERATION THRESHOLD CANTERBURY COURT WATERLOO, IA 50702 20.00' KIMBALL AVENUE 20.00' NOTES: I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 2) DISTANCES W FEET AND DECIMALS THEREON. SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: CANTERBURY COURT WATERLOO, IOWA, 50702 OWNER: OPERATION THRESHOLD PO BOX 4120 WATERLOO, IA 50704 PARCEL NO. (MULTIPLE) PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT THE WEST 20.00 FEET OF LOT 61 AND THE WEST 10.00 FEET OF LOT 60, BROOKERIDGE FIRST ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. DESCRIBED PARCEL CONTAINS 5,870 SQUARE FEET (0.13 ACRES). • • '' Parcel(s): #83 — Sun Real Estate Investments, LLC Kimball Avenue Improvements Project. TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon, with the condition(s) that 1) no work shall occur on or around the premises between November 1, 2014 and April, 2015, 2) that a temporary double access drive shall be maintained at all times onto the site, 3) that full maneuverability is maintained and allowed around the monument sign in the middle of the parking lot upon the site at all times, and 4) that only two to three parking stalls will be disturbed for a one week timeframe when a portion of the asphalt parking lot is removed, re -graded and restored to its original condition. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTY AND WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION IN WITNESS WHEREOF, we have hereunto set our hands this 26 day of e'a,te.Ai , 20 i4 . X L..tf l° For 4Suneal Estate Investments, LLC By: Its: lz�.l�r State of . ) TA/Act. County ) ss. On this day of ff2 z ,F Aft' , 20 14-, before me the undersigned, a Notary Public lin and forfthe-.County of t ftck, %- c- , State of Jct,06 , personally appeared t,ot\‘ , to me known to be the person named in and who executed the foregoing instrument and acknowledged that l executed the same as A- voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my nameatid--fixed otarial Seal the day and year last above written. Seal TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES April 11, 2015 Notary ub is for the State of Iowa 3OI 133HS '001H31VM JO 1113 3H1 AB S1N31,3AOHdII JO 33NV1d333V NOdll 3HIdX3 01 1N31413SV3 AHVHOdI31 (£ 'NO3H3H1 S1V1N1330 ONV 1333 NI S3ONV1SI0 (2 'OIIOZ) £861 OVN'3NOZ H1HON'W31SAS 31VNIOH003 3NVld 31015 VM01 3H1 NO 03SV8 SONIHV39 (I IS310N ZOLOS VI'001831VM 3f1N3AV 11V9INIJ1 I179£ '011 1NOV &S3ANI 310153 1V3d Nf1S 'N3NMO ZLO-10£-£0-£188 'ON 13323Vd ,11Nl0J VMOI 'J.1NflOO )1MVH 71JV18 '0012131VM JO 1.1IJ SIN3W3AO23dV I 3f1N3AV 11V8WI)I 1181HX3 1N3W3SV3 1.8V2jOd1/431 IObI-81£-61£ 4d'bOb25 VI'spldo8 Jope3'Ms env Pua£ SZ9'u61se0 tuewV'uosdwDS •3 66OJO:Aq pOJDdeJd '(S3d3b LO'0) 1333 321V1103 S[6Z SNIV1NO3 1]32J`dd a39121DS3a 'VMOI "A1Nf1OJ NMVH )13V19 '0O12131VM 3O A113 "N011laad 1S2113 dOa121D1OO219 'LS 101 dO 1333 00'0Z 1S3M 3H1 1191HX3 1N3W3SV3 AdV2JOdW31 :NOIld121JS3a 13JNVd ZLO-LOE-80-8L88'ON 1021`44 ZOLOS VI "OO1?J31VM 11N3AV 11V9WI)1 Li9C 3111N3W1S3ANI 31V1S3 14321 NflS :?IJNMO ZOLOS "VMO1 '001?01VM f1N3/\V 11V9WIN 11798 :A/\df1S 3O SS3dclae VMO1 "OO1d31VM JO A110 3H1 2103 1I81HX3 1N3W3SV3 AIIVd1OdW31 31Ha :A9/n321 Z JO Z 133HS 1191HX3 (£Z8 L -88Z-6 L c) VMOI 'OO12131VM NOIS3a 1N]WV DEC/17/2013/TUE 03:20 PM vanderloochiropracti Parcel(s): #86 — Vanderloo, LLC Kimball Avenue Improvements Project FAX No, 1-319-232-3279 P. 002 TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement(s) across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: SEE TEMPORARY EASEMENT PLAT(S) AND LEGAL DESCRIPTION(S) for the purpose of reconstructing Kimball Avenue improvements, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT(S) WILL COMMENCE UPON CONSTRUCTION ADJACENT TO YOUR PROPERTYANI) WILL EXPIRE WITHIN ONE YEAR OF START OF CONSTRUCTION IN WITNESS WHEREOF, we have hereunto set our hands this ( '1 day ofc- 20(3 . For Vanderloo, LLC By; Its: State of Iowa ) Black Hawk County ) ss. On this I'7 day of j(jj ,� J7-4?1r , 20_6 before me the undersigned, a Notary Public in and for the ounty of /4, gtz . State of ersonall appeared P y to me known to be the person named in and who executed the foregoing instrument and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal SHELLEY A. PETERSEN COMMISSION NO, 731869 ,Y"CC'vnaussIO es D_CEM8Eae Notary Public e State of Iowa Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-351-044 OWNER: VANDERLOO LLC. 3731 KIMBALL AVENUE WATERLOO, IA 50702 KIMIBALL AVENUE • • • • • • • • NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 21 DISTANCES IN FEET AND DECIMALS THEREON. SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3731 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: VANDERLOO LLC 3731 KIMBALL AVENUE WATERLOO, IOWA 50702 PARCEL NO. 8813-03-351-044 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT THE MOST WESTERLY 5.00 FEET OF TRACT 'A', BROOKERIDGE FIRST ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. DESCRIBED PARCEL CONTAINS 208 SQUARE FEET (0.005 ACRES). Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-175 RESOLUTION ACCEPTING AND APPROVING TEMPORARY EASEMENT AGREEMENTS. WHEREAS, that the Temporary Easement Agreements of the hereinafter described parcels is to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT #STP -U-8155(731)-70-07. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Temporary Easement Agreements, by and between the following property owners, for the hereinafter described parcels, all of which are situated in the City of Waterloo, Black Hawk County, State of Iowa, are accepted and approved: 3410 Building Partnership, LLC Part of Lot 122 of the Sixth Addition to Southridge, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northeast corner of said Lot 122; Thence South 5°21'42" East on the West right of way line of Kimball Avenue, 10.00 feet; Thence North 48°08'58" West, 14.68 feet to the South right of way line of Rachael Street; Thence North 89°03'47" East on said right of way line, 10.00 feet to the point of beginning. Described parcel contains 50 square feet; for $100.00. The Auto Club Group Part of Lot 60, Second Addition to Southridge, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southeast corner of said Lot 60; Thence South 89°03'47" West on the South line of said Lot 60, a distance of 10.00 feet; Thence North 41°51'02" East, 13.59 feet to the West right of way line of Kimball Avenue; Thence South 5°21'42" East on said right of way line, 10.00 feet to the point of beginning. Described parcel contains 50 square feet; for $100.00. Resolution 2014-175 Page 2 Southridge Professional Building Company The most easterly 15.00 feet of Lot 65 of Second Addition to Southridge, City of Waterloo, Black Hawk County, Iowa. Described parcel contains 1661 square feet (0.04 acres); for $762.40. MidAmerican Energy Company The East 15.00 feet of Tract "A" of Southgate First Addition, City of Waterloo, Black Hawk County, Iowa. Described parcel contains 747 square feet (0.02 acres); for $161.35 Greenwood Family Property, LLC Part of the Southeast k of the Northeast k of Section 4-T88N-R13W, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northeast corner of Tract Southgate First Addition; Thence South 89°03'37" West on the North line of said Tract "A", 15.00 feet; Thence North 1°42'05" West, 219.32 feet to the North line of the land described in deed to Greenwood Family Property LLC, recorded as Doc #2011 008801 in the office of the Black Hawk County Recorder; Thence North 88°11'38" on said North line; 15.00 feet to the West right of way line of Kimball Avenue; Thence South 1°42'05" East on said right of way line, 219.55 feet to the point of beginning. A.. of Described parcel contains 3,292 square feet (0.08 acres); for $987.60. Locke Realty, Inc. Part of the Southeast of the Northeast ! of Section 4-T88N-R13W, City of Waterloo, Iowa, described as follows: Commencing at the Southeast Southgate Third Addition; Thence South 0°52'32" East on th Black Hawk County, corner of Lot 50, line of Kimball Avenue, beginning; Thence continuing South 0°52'32" e West right of way 264.99 feet to the point of right of way line, 10.00 feet t way line of Park Avenue; East on said West o the North right of Resolution 2014-175 Page 3 Thence South 88°58'54" West on said South right of way line, 10.00 feet; Thence North 44°03'11" East, 14.16 feet to the point of beginning. Described parcel contains 50 square feet; (Donated). Wells Fargo Bank, NA Parcel #1 - Part of the Northeast of Section 4-T88N-R13W, City of Waterloo, County, Iowa, described as follows: k of the Northeast Black Hawk Commencing at the Northwest corner of Lot 1 of Southaven Addition; Thence North 0°52'32" West on the East right of way line of Kimball Avenue, beginning; Thence continuing right of way line, land described in Budke, recorded in 828.07 feet to the point of North 0°52'32" West 35.00 feet to the South line of the deed to Kenneth A. and Patty L. on said East LD Book 553 at Page 843 in the office of the Black Hawk County Recorder; Thence North 89°23'09" East on said South line, 10.00 feet; Thence South 0°52'32" East, 34.95 feet; Thence South 89°07'28" West, 10.00 feet to the point of beginning. Described parcel contains 350 square feet (0.008 acres). Parcel #2 - Part of the Northeast of the Northeast k of Section 4-T88N-R13W, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of Lot 1 of Southaven Addition; Thence North 0°52'32" West on the East right of way line of Kimball Avenue, 658.27 feet to the point of beginning; Thence continuing North 0°52'32" West on said East right of way line, 20.00 feet; Thence North 89°07'28" East, 15.00 feet; Thence South 0°52'32" East, 20.06 feet to the North line of the land described in deed to Weaver Enterprises Ltd, recorded as Doc. #2005 000668 in the office of the Black Hawk County Recorder; Thence South 89°20'49" West on said North line, 15.00 feet to the point of beginning. Described parcel contains 300 square feet (0.007 acres); for $275.55. Resolution 2014-175 Page 4 Weaver Enterprises, LTD Part of the Northeast 11 of the Northeast k of Section 4-T88N-R13W, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of Lot 1 of Southaven Addition; Thence North 0°52'32" West on the East right of way line of Kimball Avenue, 628.27 feet to the point of beginning; Thence continuing North 0°52'32" West on said East right of way line, 30.00 feet to the North line of the land described in deed to Weaver Enterprises LTD, recorded as Doc. #2005 000668 in the office of the Black Hawk County Recorder; Thence North 89°20'49" East on said North line, 15.00 feet; Thence South 0°52'32" East, 29.94 feet; Thence South 89°07'28" West, 15.00 feet to the point of beginning. Described parcel contains 450 square feet (0.01 acres); (Donated). NE Iowa Real Estate Investments, LTD Part of the Southeast of the Northeast k of Section 4-T88N-R13W, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northwest corner of Lot 1 of Southaven Addition; Thence North 0°52'32" West on the East right of way line of Kimball Avenue, 300.00 feet; Thence North 89°07'28" East, 20.00 feet; Thence South 0°52'32" West, 300.11 feet to the North line of said Lot 1; Thence South 89°26'04" West on said North line, 20.00 feet to the point of beginning. Described parcel contains 6,001 square feet (0.14 acres); for $1,170.20. Central Christian Church Parcel #1 - Part of the Northwest of the Southwest k of Section 3, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northwest corner of Lot 61, Brookeridge Addition, City of Waterloo, Black Hawk County, Iowa; Resolution 2014-175 Page 5 Thence South 89°26'57" West on the Westerly prolongation of the North line of said Lot 61, a distance of 8.10 feet to the beginning of a 5863.00 - foot radius curve concave Westerly and having a long chord of 224.98 feet bearing North 2°33'00" West; Thence Northerly on the arc of said curve, 225.00 feet; Thence North 86°21'02" East, 7.00 feet to the beginning of a 5870.00 -foot radius curve concave Westerly and having a long chord of 37.04 feet bearing South 3°28'07" East; Thence Southerly on the arc of said curve, 37.04 feet; Thence North 86°42'44" East 6.00 feet to the beginning of a 5876.00 -foot radius curve concave Westerly and having a long chord of 48.11 feet bearing South 3°03'12" East; Thence Southerly on the arc of said curve, 48.11 feet; Thence North 87°10'53" East, 10.00 feet to the beginning of a 5886.00 -foot radius curve concave Westerly and having a long chord of 140.90 feet bearing South 2°07'58" East; Thence Southerly on the arc of said curve 140.91 feet to said North line Lot 61; Thence South 89°26'57" West on said South line, 14.90 feet to the point of beginning. Described parcel contains 4,113 square feet (0.09 acres). Parcel #2 - Part of the Northwest k of the Southwest k of Section 3, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot 116 of Southaven First Addition; Thence North 89°03'47" East on the South line of said Lot 116, a distance of 5.01 feet; Thence South 5°21'42" East, 49.62 feet; Thence South 84°38'18" West, 5.00 feet to the East right of way line of Kimball Avenue; Thence North 5°21'42" West on said right of way line, 50.01 feet to the point of beginning. Described parcel contains 250 square feet (0.006 acres); for $541.01. Operation Threshold The West 20.00 feet of Lot 61 and the West 10.00 feet of Lot 60, Brookeridge First Addition, City of Waterloo, Black Hawk County, Iowa. Described parcel contains 5,870 square feet (0.13 acres); for $880.50. Resolution 2014-175 Page 6 Sun Real Estate Investment, LLC The West 20.00 feet of Lot 57, Brookeridge First Addition, City of Waterloo, Black Hawk County, Iowa. Described parcel contains 2915 square feet (0.07 acres); for $1,457.50. Vanderloo, LLC The most Westerly 5.00 feet of Tract "A", Brookeridge First Addition, City of Waterloo, Black Hawk County, Iowa. Described parcel contains 208 square feet (0.005 acres); for $100.00. PASSED AND ADOPTED this 10th day of March, 2014. ZeZ- ed./ Ernest G. Clark, Mayor ATTEST: Suzy Schax\es, CMC City Clerk s — , CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: March 5, 2014 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: APPROVING RESOLUTIONS RELATED TO CDBG GRANT FUNDS Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: Approve and authorize Mayor to sign the resolutions. Summary Statement: Signed statements regarding Equal Opportunity and Code of Conduct for the City of Waterloo are a requirement for the release of the CDBG Grant Funds for the seven new storm water lift stations. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF WATERLOO, IOWA, ADOPTING A CODE OF CONDUCT FOR THE OFFICERS AND EMPLOYEES OF THE CITY OF WATERLOO, IOWA CODE OF CONDUCT PURPOSE The purpose of this Code of Conduct is to ensure the efficient, fair, and professional administration of federal grant funds in compliance with 24 CFR; Part 85 (85.36(b.)(3)) and other applicable federal and state standards, regulations, and laws. APPLICATION This Code of Conduct applies to all officers, employees, or agents of the City of Waterloo, Iowa, engaged in the award or administration of contracts supported by federal grant funds. REQUIREMENTS No officer, employee, or agent of the City of Waterloo, Iowa, shall participate in the selection, award, or administration of a contract supported by federal grant funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer, or agent; b. Any member of his/her immediate family; c. His/her partner; or d. An organization which employs, or is about to employ any of the above; has a financial or other interest in the firm selected for award. The City of Waterloo, Iowa, its officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or subcontractors. REMEDIES To the extent permitted by federal, state, or local laws or regulations, violation of these standards may cause penalties, sanctions, or other disciplinary actions to be taken against the City's officers, employees, or agents, or the contractors, potential contractors, subcontractors, or their agents. Passed and Adopted this day of , 2014. Mayor ATTEST: City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF WATERLOO, IOWA, ADOPTING AN EQUAL OPPORTUNITY POLICY FOR WATERLOO, IOWA EQUAL OPPORTUNITY POLICY STATEMENT It is the policy of the City of Waterloo, Iowa, to provide equal opportunity to all employees, applicants and program beneficiaries; to provide equal opportunity for advancement of employees; to provide program and employment facilities which are accessible to the handicapped and to administer its programs in a manner that does not discriminate against any person because of race, creed, color, religion, sex, national origin, disability, age, familial status, political affiliation, citizenship or sexual orientation. The Mayor, or his designee, has ultimate responsibility for the overall administration of the affirmative action/equal opportunity program. The total integration of equal opportunity into all parts of personnel and program management is the Mayor, or his designee's, responsibility. The Mayor, or his designee, will review all policies and procedures as they affect equal opportunity and affirmative action and ensure compliance with relevant federal and state statutes. The right of appeal and recourse is guaranteed by the City of Waterloo, Iowa. Any person who feels that he or she has been denied employment, participation, representation, or services in any program administered by the City of Waterloo, Iowa, because of race, creed, color, religion, sex, national origin, age, disability, political affiliation, sexual orientation, or citizenship has the right to file an equal opportunity complaint. Information and assistance relative to equal opportunity complaints shall be provided by the Human Rights Department, who can be contacted at (319) 291-4441. This Equal Opportunity Policy of the City of Waterloo, Iowa, shall be posted in conspicuous places within the facility, distributed to all employees, contractors and to the persons of all advisory and policy- making groups. Passed and Adopted this day of , 2014. Mayor ATTEST: City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-176 RESOLUTION OF THE CITY COUNCIL OF WATERLOO, IOWA, ADOPTING A CODE OF CONDUCT FOR THE OFFICERS AND EMPLOYEES OF THE CITY OF WATERLOO, IOWA. CODE OF CONDUCT PURPOSE The purpose of this Code of Conduct is to ensure the efficient, fair, and professional administration of federal grant funds in compliance with 24 CFR; Part 85 (85.36(b.)(3)) and other applicable federal and state standards, regulations, and laws. APPLICATION This Code of Conduct applies to all officers, employees, or agents of the City of Waterloo, Iowa, engaged in the award or administration of contracts supported by federal grant funds. REQUIREMENTS No officer, employee, or agent of the City of Waterloo, Iowa, shall participate in the selection, award, or administration of a contract supported by federal grant funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer, or agent; b. Any member of his/her immediate family; c. His/her partner; or d. An organization which employs, or is about to employ any of the above; has a financial or other interest in the firm selected for award. The City of Waterloo, Iowa, its officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or subcontractors. REMEDIES To the extent permitted by federal, state, or local laws or regulations, violation of these standards may cause penalties, sanctions, or other disciplinary actions to be taken against the City's officers, employees, or agents, or the contractors, potential contractors, subcontractors, or their agents. Resolution No. 2014-176 Page 2 PASSED AND ADOPTED this 10th ATTEST: Suzy Schres, CMC City Clerk of March, 2014. Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-176A RESOLUTION OF THE CITY COUNCIL OF WATERLOO, IOWA, ADOPTING AN EQUAL OPPORTUNITY POLICY FOR THE CITY OF WATERLOO, IOWA. EQUAL OPPORTUNITY POLICY STATEMENT It is the policy of the City of Waterloo, Iowa, to provide equal opportunity to all employees, applicants and program beneficiaries; to provide equal opportunity for advancement of employees; to provide program and employment facilities which are accessible to the handicapped and to administer its programs in a manner that does not discriminate against any person because of race, creed, color, religion, sex, national origin, disability, age, familial status, political affiliation, citizenship or sexual orientation. The Mayor, or his designee, has ultimate responsibility for the overall administration of the affirmative action/equal opportunity program. The total integration of equal opportunity into all parts of personnel and program management is the Mayor, or his designee's, responsibility. The Mayor, or his designee, will review all policies and procedures as they affect equal opportunity and affirmative action and ensure compliance with relevant federal and state statutes. The right of appeal and recourse is guaranteed by the City of Waterloo, Iowa. Any person who feels that he or she has been denied employment, participation, representation, or services in any program administered by the City of Waterloo, Iowa, because of race, creed, color, religion, sex, national origin, age, disability, political affiliation, sexual orientation, or citizenship has the right to file an equal opportunity complaint. Information and assistance relative to equal opportunity complaints shall be provided by the Human Rights Department, who can be contacted at (319) 291-4441. This Equal Opportunity Policy of the City of Waterloo, Iowa, shall be posted in conspicuous places within the facility, distributed to all employees, contractors and to the persons of all advisory and policymaking groups. PASSED AND ADOPTED this 10th day of March, 2014. 44V4/ Ernest G. Cld'rk, 'ayor ATTEST: -Suzy Sch res, CMC City Clerk CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: March 10, 2014 Prepared: March 6, 2014 Dept. Head Signature: Hotel/Motel Tax Discretionary Funding Committee Number of Attachments: Applications available in CFO's office for review SUBJECT: Hotel/Motel Discretionary Grant Applications Submitted by: Michelle Weidner, CFO Recommended Action: Approve the award of hotel/motel discretionary funds to the following entities: Summary Statement — Committee Funding Recommendations: FYE2014 Funds: 1. Kiwanis Club of Waterloo — Air show $ 15,000.00 2. North End Cultural Center, Inc. — North End Arts & Music Fest 5,000.00 Total $ 20,000.00 Expenditure Required: $20,000.00 Source of Funds: Hotel/Motel Tax Discretionary Funds. The current available balance for FYE2014 is $80,008.39. Policy Issue: N/A Alternative: N/A Background Information: N/A CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-177 RESOLUTION APPROVING ALLOCATION OF HOTEL/ MOTEL DISCRETIONARY FUNDS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following allocation of hotel/motel discretionary funds, be and the same is hereby approved: Kiwanis Club of Waterloo - Air Show $15,000.00 North End Cultural Center, Inc. - North End Arts & Music Fest $ 5,000.00 $20,000.00 Total Expenditure PASSED AND ADOPTED this 10th day of March, 2014. Ernest G. Clark Mayor ATTEST: Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 19,201'4 Dept. Head SignatureV' ' th)-1 # of Attachments: SUBJECT: Ordinance Change — Animal Control Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Ordinance Summary Statement Changes have been made to the current Animal Control Ordinance, including an increase in fines and stricter regulations for regulated dogs. Expenditure Required N/A Source of Funds Policy Issue Alternative Background Information: City staff and volunteers have met numerous times to upgrade the current animal control ordinance. Changes were presented to council and the public making it more effective in confronting irresponsible pet owners, with increased fines and regulations. FYI.— I asked Chris Wendiand to add the following to the ordinance: 1. Change made to section 5-1-13(B), to add the 3 -day period. 2. New paragraph 4 added to 5 -1B -7(I), about change of address. 5-1-1: ANIMALS AT LARGE: A. No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys, chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in front of any person's premises, without the consent of such person, nor shall any animal be permitted to be staked or tied out to graze in public streets, alleys or avenues of the city. B. Any animal found in violation of the provisions of any of the subsections of this section by a sanitary inspector, animal control officer or any police officer of the city, or any other person, may be apprehended and impounded with the city, or an alternate pound or shelter designated by the city. It shall be unlawful for any person employed by the city, or any person employed by or connected with the animal pound or shelter or any society or organization operating or maintaining such pound or shelter under lease or contract with the city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever, any animal impounded in such pound or shelter to any person, organization or research facility for the purpose of using such animal as food, unless such animal is of a type that is customarily used for food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such animal for medical experimentation is duly approved and authorized by the state to conduct such experimentation, or for any other purpose except for pets and related activities. C. The harboring of any animal requires that the following guidelines be followed: 1. All such species must be restrained upon the owner's property and penned (housed or stabled) in such a manner that the animals will not place any person in fear of attack. 2. All animals that are included in this section shall be required to have adequate space as so designated by the zoning ordinance according to the size and needs of the various animals, and each animal shall be so restrained in an area to allow proper exercise for the particular species involved. 3. When the owner restrains (harbors) any animal in an area not adjoining the owner's residence, the owner shall post his name, address and phone number at the place where the animal is being restrained (harbored). D. Any wild, nondomestic animals, reptiles or birds, in captivity in the metropolitan area of the city, except such animals that are within the city for the purposes of display by a show, act, carnival, zoo, circus or promotional agency, which are known to be dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of the city: the animal control officer, the police department and the humane society. If such animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional agency, then such group shall show adequate and ample restraints placed upon the animals as to protect the health and safety of the exposed public. If such animal becomes at large within the city and poses a threat to the public, it shall be assumed that the owner has given consent to eliminate the animal with the cost to be borne by the owner. The mayor, the animal control officer or any police officer may order the elimination of such animal. E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or impounded in accordance with the provisions of this chapter shall be liable to pay all costs of impoundment. The costs of impoundment shall include all feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable diseases, fees for sedation and special handling, and charges for reasonable medical services, equipment or supplies. In addition, the owner or caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for the first pick up which occurs in a calendar year and ten dollars ($10.00) per day for a holding fee. The pickup fee shall increase ten dollars ($10.00) for each additional pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in full at the time the animal is redeemed. 5-1-2: SWINE PROHIBITED; EXCEPTIONS: A. No person shall keep or harbor any pigs or have any pig pens or pig sties within the city, except as follows: 1. Nothing contained in this section shall prevent the harboring and keeping of pigs and use of pig pens and sties in connection with a general farming operation on tracts of farmland of the size of forty (40) acres or greater. 2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties within the confines of any meatpacking plant where such pigs have been brought for butchering and processing. 3. Nothing herein contained shall prevent the keeping of pigs which are housed at the Sunrise Exchange Club Petting Zoo. B. The provisions of this section shall be subject to the provisions of this code and other ordinances of the city relating to nuisances. 5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS: A. The animal control officer, his agents or any police official shall be able to use a tranquilizer gun or any other drug to bring an animal at large under control. B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a threat or danger to the general public or to the city officer trying to bring the animal under control. C. If it becomes necessary for the animal control department or the police department to use a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be held responsible for any damage done to the animal by the use of the tranquilizer gun or other drugs. D. The owner of the animal that needs sedation to bring it under control shall pay for costs of the sedation and for the care and feeding while the animal is under control of the city or the humane society. 5-1-4: DISPOSAL OF DEAD ANIMALS: A person caring for or owning any animal that has died shall not allow the carcass to remain about his premises. Such carcass shall be disposed of within twenty four (24) hours after death. 5-1-5: TRAPPING RESTRICTIONS: No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any structure or building for the purpose of taking, killing, maiming, wounding, ensnaring or capturing an animal or which is injurious to persons or animals, except for the following: A. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or property; B. Licensed pest and rodent control persons in protection of private property; 2 C. During the season allowed by the state conservation commission for taking of fur -bearing animals on parcels of land privately owned of forty (40) acres or more, or public land controlled by a governmental agency issuing such rights to trapping; D. Wire cage box traps may be used to remove nuisance pests from private property; said traps must be checked every twelve (12) hours; E. A private property owner on his private property in order to control small rodents, such as gophers, moles and other similar animals. 5-1-6: CRUELTY TO ANIMALS: No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are encouraged or made to perform through the use of chemical, electrical or mechanical means or devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or protection from the weather, or cruelly abandon the same, or shall commit any other act of omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or fowl, whether the acts or omissions herein contemplated be committed either maliciously, wilfully or negligently, and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor. 5-1-7: USE OF ANIMALS RESTRICTED: A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device, or displayed in any store, shop, carnival or other public place. B. Use As Advertising Devices: 1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity of less than twelve (12) birds to an individual person unless sold by a person engaged in the business of selling chicks, ducklings and goslings for agricultural or wildlife purposes. 2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate water available to the birds at all times. 5-1-8: SANITARY CONDITIONS MAINTAINED: A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any dog, cat, horse or other animal to permit excrement or droppings from any of said animals to collect on the premises of said person causing odor or an unsanitary condition. Each owner, caretaker or person in charge of an animal shall prevent said animal from interfering with any neighboring residents' peaceful and quiet enjoyment of their property. B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible any excrement or droppings deposited by said dog, cat, horse or other animal on any real estate, whether privately owned or publicly owned, other than on the premises of the owner, caretaker or person in charge; provided, however, that the foregoing does not apply to excrement or droppings deposited by Waterloo police dogs or horses when police officers are using said dogs or horses for official police duties. 3 C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning ordinance, and who intends to install a confined waste system shall conform to all of the following requirements: 1. The confined waste system container (hereinafter "container") shall have a maximum volume of two and thirty six -hundredths (2.36) cubic feet or seventeen and seventy two -hundredths (17.72) gallons. 2. The container shall be placed in an area of the property not normally occupied or used for play or recreation, and the container shall be buried so that the lid remains exposed. 3. The container shall have a waterproof lid that shall remain closed at all times. The lid may be removed only when animal excrement or droppings are deposited or added. The lid shall, thereafter, be immediately replaced. 4. Lime or activated enzymes shall be added periodically to promote the continued decomposition of waste. 5. Enforcement of this subsection shall be by the Black Hawk County health department and/or the animal control officer, as designated by the city council. 5-1-9: ANIMALS BITING PERSONS: A. Duty to Report: It shall be the duty of the owner or caretaker of any dog, cat or any other animal which has bitten or attacked a person, or of any person having knowledge of such bite or attack, to report this act to the health department, police department or animal control. It shall be the duty of physicians or veterinarians to report to the health department the existence of any animal known or suspected to be suffering from rabies. B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in section 5-1-1(E) must be paid in full. 5-1-10: NOISY OR ANNOYING ANIMALS: It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the unreasonable annoyance of others. After the first written warning, residents of at least three (3) neighboring households must sign a citation or a petition. If the party charged pleads not guilty, the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or other animal shall constitute in evidence a prima fade presumption of permission of the owner in any proceedings charging any violation of this subsection. 5-1-11: CHRONIC VIOLATORS: A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, and said 4 person shall be charged a nuisance service fee of $50.00 per hour per officer for subsequent responses involving the same person or his or her household. Any fraction of an hour is tabulated as a complete hour. B. Written notice that a person is a chronic violator of this chapter shall be directed to such person, and such notice is appealable to the city council as set forth in section 5-1-12. C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. 5-1-12: ADMINISTRATIVE PROCEDURES: A. Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have been delivered at the time of personal delivery, three (3) business days after the date of mailing, or one (1) business day after posting. B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty-five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the State of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: 1. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. 2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. 5-1-13: ENFORCEMENT: A. In addition to any police officer of this city, animal control officers shall have police powers in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of his or her powers. For the purpose of discharging the duties imposed by this 5 chapter and to enforce its provisions, any officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had the proper rabies vaccination tag. B. If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5)ccvcn (7) days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. 5-1-14: DEFINITIONS: For purposes of this chapter, including each article under this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: ANIMAL CONTROL: The city department and its officers that have been appointed by the city council to enforce the animal control ordinances of the city, or another governmental agency or private party which the city council has appointed by contract for such purpose. AT LARGE: An animal is at large if it is found within the city off the premises of its owner or caretaker, however, an animal will not be deemed at large if: 1. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter. 2. It is under the control of authorized public safety personnel. 3. It is under the control of a professional handler for special events including, but not limited to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal -assisted therapy. In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be deemed at large if (i) it is restrained by a rope, leash, cord, chain, or restraining device not more than four (4) feet in length, or is properly restrained within a motor vehicle or trailer, or (ii) it is within the fenced boundaries of an area designated by the city as a dog park and the owner or caretaker is present. CARETAKER: Any person having possession of an animal, for a period of more than six hours for any purpose, where the person in possession does not own the animal, other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate family who resides in the same household as the owner. OWNER: Any person owning, keeping or harboring an animal or fowl. ARTICLE A 5-1A-1: DEFINITIONS: 6 As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 shall apply to the provisions of this article, to the extent applicable. ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container. ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any interval. ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or harboring seized, stray„ homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with the city. BOARDING KENNEL: A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration. COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both, for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder. COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or cats, or both, and may or may not render boarding services in return for a consideration. DEALER: Any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged. HOBBY KEN both, are kep exhibiting the property and traded or exc ten (10) dogs offspring of ei kennel. If the any calendar kennel is to b., HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or enclosures. KENNEL: An area of private property that is sheltered where dogs or cats are kept under constant restraint. OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal kept outdoors to protect themselves from the direct rays of the sun. B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. C. Shelter From Cold Weather: Shelter may be provided for all dogs or cats and any animals kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient 7 clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the living area of the dog or cat or other animal. PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate animal is sold, exchanged or offered for sale to the general public. PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment. RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of, living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals. TRANQUILIZE: To temporarily sedate any animal for gaining control. 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats, six (6) months old or older, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each year apply to the city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after January 1, and at any time, for a dog or cat which has come into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date. C. Form Of Application: Subject application shall be in writing on blanks provided by the city clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee shall be tenfive dollars ($5.00) for each dog or cat that has been spayed or neutered, otherwise the annual license fee shall be twenty-five dollars ($25.00) for each dog or cat. - - • - - - - , - - ' • ' - - - - - - -, if paid by March 31 or within ninety (90) days after the date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B above. Any fee not paid by the due date shall increase to ten dollars ($10.00) and fifty dollars ($50.00), respectively. 2. Duplicate licenses shall be issued at a cost of five dollars ($5.00). 3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid license issued by the State of Iowa that allows the keeping of such animals. 4. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including but not limited to the obtaining of rabies vaccination and license tag, even if 8 the license fee has been waived. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire on January 1 of the year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the city clerk by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the year in which they are due and payable, and a penalty shall be added to each unpaid license on or after said date in the like amount of the annual license fee as hereinbefore set out in subsection D of this section. 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. 5-1A-5: LICENSE TAGS: A. Required: The city clerk shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. 5-1A-6: PROHIBITED ACTS AND CONDITIONS: 9 A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1 B-9, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense. B. Dogs Or Cats Attacking, Causing Damage Or Injury: 1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to attack persons or domestic animals or to destroy property, or to permit such dog or cat to place persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said dog or cat did attack persons or domestic animals, destroy property, or place persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner or caretaker in any proceeding charging violation of this subsection. 2. Animal control shall have discretion about whether to charge a violation of this subsection, depending on the particular circumstances and whether the animal constitutes a risk of attacking again, and in exercising such discretion animal control may be aided by the professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to charge a violation concerning a dog, then animal control will classify the dog as potentially dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written notice of same to the owner or caretaker. 3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may be seized and the owner or caretaker will be guilty of a municipal infraction. C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his or her presence so that the said female dog or cat cannot come into contact with another animal except for planned breeding. D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large without a collar, license tag, or imbedded ownership chip, except for a person who does so as an authorized participant in a city -sponsored program to trap, neuter and release such cats. E. LittersPuppies: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the State of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with itsa litter that at any time exceeds two (2) offspringpuppics, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee of fifty dollars ($50.00).can produce proof that the puppies arc registered with the American Kennel Club. Animal control may seize the entire litter of puppies and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. 5-1A-7: KENNEL PREMISES; NONCONFORMING USE: Any premises declared by this article to be a kennel that is not located in a properly zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended, reconstructed, substituted or structurally altered except when required by law, nor shall the number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned or kept on a premises declared by this article to be a kennel, 10 dies or is sold or is given away, said dog or cat shall not be replaced until such time as the use of said premises is rio longer a kennel and a nonconforming use as defined by this section. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. 5-1A-8: MUNICIPAL POUND: A. City May Establish: The city may establish and maintain a municipal animal pound or shelter to be conducted and operated by the city. It shall be the duty of the authorized persons appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to provide adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary. B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the city may contract with any incorporated society or association for the prevention of cruelty to animals for the collection and protection of licensed or unlicensed dogs, cats and other animals, for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other animals "at large" as herein defined, for the destruction or other disposition of seized dogs or cats, or other animals, not redeemed as provided by this article, for the disposal of dead animals, and to assist in the collection of licenses upon dogs and cats. 5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION: A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Permanent Identification: Each dog apprehended after being found at large, and each dog confined pursuant to section 5-1-9(B), shall be assigned a registration number by animal control, prior to being released 'o its owner or caretaker If a registration number has not previously been, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large must have the animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of same to animal control within ten (10) days after the procedure. If the owner or caretaker fails to spay or neuter the animaldog, then animal control may seize it and, in appropriate circumstances as determined by animal control, the animal dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees and charges as set forth in section 5-1-1(E) within the applicable time allowed by this chapter or by order of animal control or the city council. 5-1A-10: VIOLATION; PENALTY: 11 Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. ARTICLE B 5-1B-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 and 5-1A-1 shall apply to the provisions of this article, to the extent applicable. DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so. B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals or species of animals shall be deemed dangerous per se: 1. All felids, except Felis domestica (domestic cats). 2. All ursids (bears). 3. All can ids, except Canis familiaris (dogs). 4. All nonhuman primates. 5. All crocodilians. 6. All venomous and constricting snakes. 7. All venomous reptiles. 8. All venomous arachnids. 9. All mustelids, except domestic ferrets. D. In addition to the exceptions stated in subsection C of this definition, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements: 1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas. 2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons. 3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats. DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury not severe enough to result in a broken bone or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a dangerous dog in the following circumstances: 12 1. Where the dog is used by a law enforcement official for approved law enforcement purposes. 2. Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog was properly confined or tethered as required by this chapter. 3. Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or caretaker of the dog, or by a person who was attacking the owner or caretaker of the dog. 4. Where the threat or injury was sustained by a person due to the person torturing, tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or by a person in the process of treating or rendering aid to a previously injured animal. 5. Where the dog was protecting itself or its young. 6. Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog. GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. POTENTIALLY DANGEROUS DOG: A. Any dog with a tendency or disposition to bite or attack unprovoked, or to otherwise endanger the safety of humans or other domestic animals-, or B. Any deg -that chases or approaches a person or other domestic animal without provocation while off its owner's or caretaker's property in a menacing fashioning or apparent attitude of attack, if the owner of such doq is convicted or pleads guilty. no contest, or the equivalent to a violation of 5 -1A -6(B) based on fear of attack or injury. C. Any( thereof has b month period. REGULATE[) DOG: Any dog that is a potentially dangerous dog, dangerous dog, or vicious dog as defined by this article. VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury that results in one or more broken bones or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Any dog that kills a person or other domestic animal without provocation while off the property of its owner or caretaker. C. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a vicious dog under the same circumstances in which a dog would not be deemed a dangerous dog as set forth under the definition of a dangerous dog. 5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS: A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined in this article, except as provided in subsection B of this section or in section 5-1 B-3. 13 B. The prohibition contained in subsection A of this section shall not apply to the secure keeping of dangerous animals in the following circumstances: 1. In a bona fide, licensed veterinary hospital for treatment. 2. Under the jurisdiction of and in the possession of the natural resources commission, pursuant to Iowa Code chapters 481A and 481 B. 3. At the Cedar Bend Humane Society. 4. In a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for public viewing or for purposes of research, study or instruction. 5. For purposes of bona fide religious practice or ritual. 6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. 5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS: A. Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5-1 B -2(B) shall report such fact, in writing, to the animal control officer, together with the following information: 1. The species name of each animal; 2. The number of such animals of each such species kept on the premises; 3. A physical description of each such animal, including any pet names to which it might respond; 4. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept; 5. In the case of poisonous dangerous animals, the location of the nearest source of antivenom for that species; and 6. The specific purpose for which the animal is kept and any use that will be made of the animal. B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure. C. Poisonous Animals; Antivenom Kept: Every person owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and current at all times. D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right of way or other property of another, except when such animal is being transported while caged or confined. E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control immediately in the event that a dangerous animal has escaped and is at large. F. At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction. G. Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous animal from 14 the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity. H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection G of this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B-12 shall apply. 5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS: A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty, no contest, or the equivalent to, of an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D.2 and sections 5-1 B-5 or 5-1 B-7 of this article. Any individual on this registry is subject to the restrictions on ownership found in this article, regardless of whether 'the individual changes addresses or moves to a different residence. An individual will be in violation hereof if the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else occupying the residence. C. Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity. D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the animal, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B- 12 shall apply. 5-1B-5: REGULATED DOGS: A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a regulated dog as defined in section 5-1B-1 of this article, except as expressly permitted by this article. C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city 15 shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to its destruction. D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a regulated dog as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-1 B-7. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. F. Permanent Identification Required: A dog found to be a potentially dangerous dog, dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and 16 the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. 5-1B-6: GUARD DOGS: The prohibition contained in this article shall not apply to keeping of guard dogs; provided, however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one (1) guard dog is permitted for each residential premises and two (2) guard dogs for each non- residential premises. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import, and the owner or caretaker of such premises shall inform animal control and the police department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or caretaker's responsibility to notify animal control immediately when a guard dog has escaped and is running at large. The provisions of subsections A through F, H and I of section 5-1 B-7 shall apply to the registration of guard dogs. 5-1B-7: REGISTRATION OF REGULATED DOGS: A. Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection O. Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation punishable by a civil penalty of two hundred dollars ($200.00). In addition, the registration fee will be increased to one hundred dollars ($100.00) and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in section 5-1-1(E), and destruction of the dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter. B. Registration Form: An owner or caretaker of a dog determined to be potentially dangerous, dangerous or vicious by animal control must execute a registration form with animal control which includes the following information: 1. Name, address, and telephone number of the owner or caretaker, including proof that the owner or caretaker is over the age of eighteen (18) years; 2. Name and detailed physical description of the regulated dog 3. A photograph of the dog taken by animal control 4. Registration number assigned by animal control to the dog; 5. Veterinarian information for the dog; 6. Proof of a current rabies vaccination number and expiration date (a copy of which must be retained by animal control); 7. City license number (a copy of which must be retained by animal control); 8. Microchip or tattoo number as provided by subsection D of this section; 9. Detailed description of the incident or incidents leading animal control to classify the dog as regulated; and 17 10. Sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out). C. Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee of fifty dollars ($50.00) to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. D. Permanent Identification: The registration number assigned by animal control under this section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant's expense. No person shall remove or alter such identification once it is affixed. E. Issuance Of Registration Certificate: If all requirements of this section are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the regulated dog within city limits. F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has previously been convicted of, or has pled guilty, no contest, or the equivalent to, -an offense under Iowa Code 717D.2, who has been convicted of a violation of section 5-1 B-5 of this article, or who has pled guilty, no contest, or the equivalent with respect to any such offense or violation, shall not be permitted to register a dog under this section. G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter providing services in such capacity. H. Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee of fifty dollars ($50.00), provides proof of current insurance, and updates any registration information previously provided. I. Additional Notification Responsibilities: 1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being. 2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours of the dog's death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to animal control. 3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours if the dog has been sold, relocated or given away and shall provide animal control with the name, address, and telephone number of the new owner or caretaker of the dog. 4. An owner or caretaker of a regulated dog must notify animal control of any change of address within fourteen (14) days after the change. 18 J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. K. Obedient dangerot training LK. Conditional Removal Of Registration Requirement: If, within three (3) years of registration as a potentially dangerous dog, there have been no further incidents that satisfy the standards for such dog to be deemed potentially dangerous, the dog's registration requirement may be reviewed by animal control upon the owner's request. If animal control chooses to lift the registration requirement, the dog in question may still be declared potentially dangerous, dangerous or vicious at any future date if it meets the standards for classification as such. In the event that animal control chooses to maintain the registration requirement for the dog, such decision shall be appealable to the city council. ML. Automatic Enhancement of Regulated Status: After registration as a potentially dangerous dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog at least two (2) times within any consecutive twelve (12) month period, such dog will automatically be deemed a dangerous dog and be subject to section 5-1 B-5 of this article. If a dog has been registered as a potentially dangerous dog or a dangerous dog and at any time thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1 B-5 of this article. NM. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a notice or order issued by the animal control officer pursuant to this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the notice or order, the owner must complete the registration process pursuant to this section within seven (7) days of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions set forth in subsection A of this section and in section 5-1B-12. 5-1B-8: TETHERING OF DOGS: A. A dog may be restrained outdoors by tether, only on the property of the owner or caretaker of the dog, and only under the following conditions: 1. No tether may be attached to a fixed object unless the tether is so placed or attached that it cannot become entangled with another animal or object, and cannot extend over an object or edge that could result in strangulation of or injury to the animal, and shall be of sufficient length in proportion to the size of the animal, but no less than 10 feet in length, to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. Such tethering shall be so located so as not to allow such animal to trespass on public property or upon private property belonging to others, nor in such manner as to cause harm or danger to persons, the tethered animal, or other animals. 2. The tether shall not weigh more than one-eighth of the animal's body weight. Chains may not be used as tethers. 3. The tether must be attached to a properly fitting collar or harness worn by the animal. Choke or prong collars are prohibited. The tether must have a swivel at both ends. 19 4. No animal may be restrained by tether for more than 8 hours in a 24-hour period. When the temperature falls below 30 degrees Fahrenheit, with wind chill factor applied, or when the heat index is at least 85 degrees, no animal may be restrained outdoors by tethering for more than 15 minutes without access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. In any circumstances, a tethered animal must have access to an outdoor facility that provides adequate protection from the elements. 5-1B-9: DOG ATTACKS: In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in section 5-1-1(E) and all costs incident to destruction of the dog. 5-1B-10: IRRESPONSIBLE DOG OWNERS: A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a 12 -month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. A person designated as an irresponsible dog owner who is not convicted or does not plead to a further violation of this article for a period of thirty-six (36) months may apply to animal control to have the designation removed. The decision of animal control is appealable to the city council according to the appeal procedures set forth in section 5-1-12. 5-1B-11: LANDLORD LIABILITY: A. A landlord or its property manager that knowingly permits a tenant or occupant of its property to possess a dog in violation of sections 5-1 B-4, 5-1B-5 or 5-1B-10 shall be guilty of a municipal infraction. B. A landlord or its property manager shall not be guilty of a violation of subsection A if it takes prompt action to notify the tenant or occupant that the dog must be permanently removed from the property within seven (7) days of notice as set forth in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or occupant if the violation is not remedied. C. Whenever animal control or the city clerk issues a notice, order or decision in connection with a violation of sections 5-1 B-4, 5-1 B-5 or 5-1B-10 to a person who is not the owner of the property, a copy of said notice, order or decision shall also be sent to the property owner at the tax statement address shown in the records of the county auditor. The failure of animal control or the city clerk to issue a copy of any notice, order or decision to the property owner, or the failure of the property owner to receive same, shall not be a defense to any violation of subsection A. 5-1B-12: ENFORCEMENT: A. Failure To Comply: 20 1. Except as set forth in section 5-1 B -7(A), if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order. 2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: (a) identifying information for the animal or dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in section 5-1-1(E), before the dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner. 3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner. 4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Penalties: 1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute a municipal infraction. 2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. 21 CAROL FAILOR From: Carmen Goedken <Carmen.Goedken@wcfcourier.com> on behalf of woo legals <woo.legals@wcfcourier.com> Sent: Wednesday, March 26, 2014 11:53 AM To: CAROL FAILOR Subject: RE: Ordinance No. 5204 - Publishing Version Only Carol, This legal is scheduled to publish on Tuesday 4/1. Thank you, Carmen Goedken Classified Sales Assistant 319-291-1441 carmen.goedken@wcfcourier.com Courier Communications From: CAROL FAILOR f mailto:CAROL.FAILOR©WATERLOO-IA.ORG1 Sent: Monday, March 24, 2014 3:35 PM To: woo legals Subject: Ordinance No. 5204 - Publishing Version Only Please publish the attached Animal Control Ordinance summary as soon as possible. Please send email verifying the publication date. Thank you! Carol Nemmers Deputy City Clerk City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Phone: 319-291-4323 Fax: 319-291-4571 carolfai(or@waterfoo-ia.org 1 5-1-1: ANIMALS AT LARGE: A. No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys, chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in front of any person's premises, without the consent of such person, nor shall any animal be permitted to be staked or tied out to graze in public streets, alleys or avenues of the city. B. Any animal found in violation of the provisions of any of the subsections of this section by a sanitary inspector, animal control officer or any police officer of the city, or any other person, may be apprehended and impounded with the city, or an alternate pound or shelter designated by the city. It shall be unlawful for any person employed by the city, or any person employed by or connected with the animal pound or shelter or any society or organization operating or maintaining such pound or shelter under lease or contract with the city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever, any animal impounded in such pound or shelter to any person, organization or research facility for the purpose of using such animal as food, unless such animal is of a type that is customarily used for food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such animal for medical experimentation is duly approved and authorized by the state to conduct such experimentation, or for any other purpose except for pets and related activities. C. The harboring of any animal requires that the following guidelines be followed: 1. All such species must be restrained upon the owner's property and penned (housed or stabled) in such a manner that the animals will not place any person in fear of attack. 2. All animals that are included in this section shall be required to have adequate space as so designated by the zoning ordinance according to the size and needs of the various animals, and each animal shall be so restrained in an area to allow proper exercise for the particular species involved. 3. When the owner restrains (harbors) any animal in an area not adjoining the owner's residence, the owner shall post his name, address and phone number at the place where the animal is being restrained (harbored). D. Any wild, nondomestic animals, reptiles or birds, in captivity in the metropolitan area of the city, except such animals that are within the city for the purposes of display by a show, act, carnival, zoo, circus or promotional agency, which are known to be dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of the city: the animal control officer, the police department and the humane society. If such animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional agency, then such group shall show adequate and ample restraints placed upon the animals as to protect the health and safety of the exposed public. If such animal becomes at large within the city and poses a threat to the public, it shall be assumed that the owner has given consent to eliminate the animal with the cost to be borne by the owner. The mayor, the animal control officer or any police officer may order the elimination of such animal. E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or impounded in accordance with the provisions of this chapter shall be liable to pay all costs of impoundment. The costs of impoundment shall include all feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable diseases, fees for sedation and special handling, and charges for reasonable medical services, equipment or supplies. In addition, the owner or caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for the first pick up which occurs 'n a calendar year and ten dollars ($10.00) per day for a holding fee. The pickup fee shall increase In dollars ($10.00) for each additional pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in full at the time the animal is redeemed. 5-1-2: SWINE PROHIBITED; EXCEPTIONS: A. No person shall keep or harbor any pigs or have any pig pens or pig sties within the city, except as follows: 1. Nothing contained in this section shall prevent the harboring and keeping of pigs and use of pig pens and sties in connection with a general farming operation on tracts of farmland of the size of forty (40) acres or greater. 2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties within the confines of any meatpacking plant where such pigs have been brought for butchering and processing. 3. Nothing herein contained shall prevent the keeping of pigs which are housed at the Sunrise Exchange Club Petting Zoo. B. The provisions of this section shall be subject to the provisions of this code and other ordinances of the city relating to nuisances. 5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS: A. The animal control officer, his agents or any police official shall be able to use a tranquilizer gun or any other drug to bring an animal at large under control. B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a threat or danger to the general public or to the city officer trying to bring the animal under control. C. If it becomes necessary for the animal control department or the police department to use a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be held responsible for any damage done to the animal by the use of the tranquilizer gun or other drugs. D. The owner of the animal that needs sedation to bring it under control shall pay for costs of the sedation and for the care and feeding while the animal is under control of the city or the humane society. 5-1-4: DISPOSAL OF DEAD ANIMALS: A person caring for or owning any animal that has died shall not allow the carcass to remain about his premises. Such carcass shall be disposed of within twenty four (24) hours after death. 5-1-5: TRAPPING RESTRICTIONS: No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any structure or building for the purpose of taking, killing, maiming, wounding, ensnaring or capturing an animal or which is injurious to persons or animals, except for the following: A. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or property; B. Licensed pest and rodent control persons in protection of private property; 2 C. During the season allowed by the state conservation commission for taking of fur -bearing animals on parcels of land privately owned of forty (40) acres or more, or public land controlled by a governmental agency issuing such rights to trapping; D. Wire cage box traps may be used to remove nuisance pests from private property; said traps must be checked every twelve (12) hours; E. A private property owner on his private property in order to control small rodents, such as gophers, moles and other similar animals. 5-1-6: CRUELTY TO ANIMALS: No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are encouraged or made to perform through the use of chemical, electrical or mechanical means or devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or protection from the weather, or cruelly abandon the same, or shall commit any other act of omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or fowl, whether the acts or omissions herein contemplated be committed either maliciously, wilfully or negligently, and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor. 5-1-7: USE OF ANIMALS RESTRICTED: A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device, or displayed in any store, shop, carnival or other public place. B. Use As Advertising Devices: 1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity of less than twelve (12) birds to an individual person unless sold by a person engaged in the business of selling chicks, ducklings and goslings for agricultural or wildlife purposes. 2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate water available to the birds at all times. 5-1-8: SANITARY CONDITIONS MAINTAINED: A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any dog, cat, horse or other animal to permit excrement or droppings from any of said animals to collect on the premises of said person causing odor or an unsanitary condition. Each owner, caretaker or person in charge of an animal shall prevent said animal from interfering with any neighboring residents' peaceful and quiet enjoyment of their property. B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible any excrement or droppings deposited by said dog, cat, horse or other animal on any real estate, whether privately owned or publicly owned, other than on the premises of the owner, caretaker or person in charge; provided, however, that the foregoing does not apply to excrement or droppings deposited by Waterloo police dogs or horses when police officers are using said dogs or horses for official police duties. 3 C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning ordinance, and who intends to install a confined waste system shall conform to all of the following requirements: 1. The confined waste system container (hereinafter "container") shall have a maximum volume of two and thirty six -hundredths (2.36) cubic feet or seventeen and seventy two -hundredths (17.72) gallons. 2. The container shall be placed in an area of the property not normally occupied or used for play or recreation, and the container shall be buried so that the lid remains exposed. 3. The container shall have a waterproof lid that shall remain closed at all times. The lid may be removed only when animal excrement or droppings are deposited or added. The lid shall, thereafter, be immediately replaced. 4. Lime or activated enzymes shall be added periodically to promote the continued decomposition of waste. 5. Enforcement of this subsection shall be by the Black Hawk County health department and/or the animal control officer, as designated by the city council. 5-1-9: ANIMALS BITING PERSONS: A. Duty to Report: It shall be the duty of the owner or caretaker of any dog, cat or any other animal which has bitten or attacked a person, or of any person having knowledge of such bite or attack, to report this act to the health department, police department or animal control. It shall be the duty of physicians or veterinarians to report to the health department the existence of any animal known or suspected to be suffering from rabies. B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in section 5-1-1(E) must be paid in full. 5-1-10: NOISY OR ANNOYING ANIMALS: It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the unreasonable annoyance of others. After the first written warning, residents of at least three (3) neighboring households must sign a citation or a petition. If the party charged pleads not guilty, the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or other animal shall constitute in evidence a prima facie presumption of permission of the owner in any proceedings charging any violation of this subsection. 5-1-11: CHRONIC VIOLATORS: A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, and said 4 person shall be charged a nuisance service fee of $50.00 per hour per officer for subsequent responses involving the same person or his or her household. Any fraction of an hour is tabulated as a complete hour. B. Written notice that a person is a chronic violator of this chapter shall be directed to such person, and such notice is appealable to the city council as set forth in section 5-1-12. C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. 5-1-12: ADMINISTRATIVE PROCEDURES: A. Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have been delivered at the time of personal delivery, three (3) business days after the date of mailing, or one (1) business day after posting. B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty-five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the State of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: 1. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. 2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. 5-1-13: ENFORCEMENT: A. In addition to any police officer of this city, animal control officers shall have police powers in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of his or her powers. For the purpose of discharging the duties imposed by this 5 chapter and to enforce its provisions, any officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had the proper rabies vaccination tag. B. If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5) days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. 5-1-14: DEFINITIONS: For purposes of this chapter, including each article under this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: ANIMAL CONTROL: The city department and its officers that have been appointed by the city council to enforce the animal control ordinances of the city, or another governmental agency or private party which the city council has appointed by contract for such purpose. AT LARGE: An animal is at large if it is found within the city off the premises of its owner or caretaker, however, an animal will not be deemed at large if: 1. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter. 2. It is under the control of authorized public safety personnel. 3. It is under the control of a professional handler for special events including, but not limited to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal -assisted therapy. In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be deemed at large if (i) it is restrained by a rope, leash, cord, chain, or restraining device not more than four (4) feet in length, or is properly restrained within a motor vehicle or trailer, or (ii) it is within the fenced boundaries of an area designated by the city as a dog park and the owner or caretaker is present. CARETAKER: Any person having possession of an animal, for a period of more than six hours for any purpose, where the person in possession does not own the animal, other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate family who resides in the same household as the owner. OWNER: Any person owning, keeping or harboring an animal or fowl. 6 ARTICLE A 5-1A-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 shall apply to the provisions of this article, to the extent applicable. ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container. ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any interval. ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with the city. BOARDING KENNEL: A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration. COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both, for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder. COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or cats, or both, and may or may not render boarding services in return for a consideration. DEALER: Any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged. HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or enclosures. KENNEL: An area of private property that is sheltered where dogs or cats are kept under constant restraint. OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal kept outdoors to protect themselves from the direct rays of the sun. B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. C. Shelter From Cold Weather: Shelter may be provided for all dogs or cats and any animals kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the living area of the dog or cat or other animal. 7 PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate animal is sold, exchanged or offered for sale to the general public. PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment. RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of, living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals. TRANQUILIZE: To temporarily sedate any animal for gaining control. 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats, six (6) months old or older, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each year apply to the city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after January 1, and at any time, for a dog or cat which has come into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date. C. Form Of Application: Subject application shall be in writing on blanks provided by the city clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee shall be five dollars ($5.00) for each dog or cat that has been spayed or neutered, otherwise the annual license fee shall be twenty-five dollars ($25.00) for each dog or cat, if paid by March 31 or within ninety (90) days after the date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B above. Any fee not paid by the due date shall increase to ten dollars ($10.00) and fifty dollars ($50.00), respectively. 2. Duplicate licenses shall be issued at a cost of five dollars ($5.00). 3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid license issued by the State of Iowa that allows the keeping of such animals. 4. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including but not limited to the obtaining of rabies vaccination and license tag, even if the license fee has been waived. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire on January 1 of the year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. 8 F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the city clerk by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the year in which they are due and payable, and a penalty shall be added to each unpaid license on or after said date in the like amount of the annual license fee as hereinbefore set out in subsection D of this section. 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. 5-1A-5: LICENSE TAGS: A. Required: The city clerk shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. 5-1A-6: PROHIBITED ACTS AND CONDITIONS: A. At Large: t shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1 B-9, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars 9 ($500.00), or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense. B. Dogs Or Cats Attacking, Causing Damage Or Injury: 1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to attack persons or domestic animals or to destroy property, or to permit such dog or cat to place persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said dog or cat did attack persons or domestic animals, destroy property, or place persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner or caretaker in any proceeding charging violation of this subsection. 2. Animal control shall have discretion about whether to charge a violation of this subsection, depending on the particular circumstances and whether the animal constitutes a risk of attacking again, and in exercising such discretion animal control may be aided by the professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to charge a violation concerning a dog, then animal control will classify the dog as potentially dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written notice of same to the owner or caretaker. 3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may be seized and the owner or caretaker will be guilty of a municipal infraction. C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his or her presence so that the said female dog or cat cannot come into contact with another animal except for planned breeding. D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large without a collar, license tag, or imbedded ownership chip, except for a person who does so as an authorized participant in a city -sponsored program to trap, neuter and release such cats. E. Litters: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the State of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with its litter that at any time exceeds two (2) offspring, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee of fifty dollars ($50.00). Animal control may seize the entire litter and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. 5-1A-7: KENNEL PREMISES; NONCONFORMING USE: Any premises declared by this article to be a kennel that is not located in a properly zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended, reconstructed, substituted or structurally altered except when required by law, nor shall the number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned or kept on a premises declared by this article to be a kennel, dies or is sold or is given away, said dog or cat shall not be replaced until such time as the use of said premises is no longer a kennel and a nonconforming use as defined by this section. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. 10 5-1A-8: MUNICIPAL POUND: A. City May Establish: The city may establish and maintain a municipal animal pound or shelter to be conducted and operated by the city. It shall be the duty of the authorized persons appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to provide adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary. B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the city may contract with any incorporated society or association for the prevention of cruelty to animals for the collection and protection of licensed or unlicensed dogs, cats and other animals, for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other animals "at large" as herein defined, for the destruction or other disposition of seized dogs or cats, or other animals, not redeemed as provided by this article, for the disposal of dead animals, and to assist in the collection of licenses upon dogs and cats. 5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION: A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Permanent Identification: Each dog apprehended after being found at large, and each dog confined pursuant to section 5-1-9(B), shall be assigned a registration number by animal control. If a registration number has not previously been affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large must have the animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of same to animal control within ten (10) days after the procedure. If the owner or caretaker fails to spay or neuter the animal, then animal control may seize it and, in appropriate circumstances as determined by animal control, the animal may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees and charges as set forth in section 5-1-1(E) within the applicable time allowed by this chapter or by order of animal control or the city council. 5-1A-10: VIOLATION; PENALTY: Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. 11 ARTICLE B 5-1B-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 and 5-1A-1 shall apply to the provisions of this article, to the extent applicable. DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so. B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals or species of animals shall be deemed dangerous per se: 1. All felids, except Felis domestica (domestic cats). 2. All ursids (bears). 3. All canids, except Canis familiaris (dogs). 4. All nonhuman primates. 5. All crocodilians. 6. All venomous and constricting snakes. 7. All venomous reptiles. 8. All venomous arachnids. 9. All mustelids, except domestic ferrets. D. In addition to the exceptions stated in subsection C of this definition, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements: 1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas. 2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons. 3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats. DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury not severe enough to result in a broken bone or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a dangerous dog in the following circumstances: 1. Where the dog is used by a law enforcement official for approved law enforcement purposes. 2. Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog was properly confined or tethered as required by this chapter. 12 3. Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or caretaker of the dog, or by a person who was attacking the owner or caretaker of the dog. 4. Where the threat or injury was sustained by a person due to the person torturing, tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or by a person in the process of treating or rendering aid to a previously injured animal. 5. Where the dog was protecting itself or its young. 6. Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog. GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. POTENTIALLY DANGEROUS DOG: Any dog with a tendency or disposition to bite or attack unprovoked, to otherwise endanger the safety of humans or other domestic animals, or that chases or approaches a person or other domestic animal without provocation while off its owner's or caretaker's property in a menacing fashioning or apparent attitude of attack, if the owner of such dog is convicted or pleads guilty, no contest, or the equivalent to a violation of 5 -1A -6(B) based on fear of attack or injury. REGULATED DOG: Any dog that is a potentially dangerous dog, dangerous dog, or vicious dog as defined by this article. VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury that results in one or more broken bones or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Any dog that kills a person or other domestic animal without provocation while off the property of its owner or caretaker. C. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a vicious dog under the same circumstances in which a dog would not be deemed a dangerous dog as set forth under the definition of a dangerous dog. 5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS: A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined in this article, except as provided in subsection B of this section or in section 5-1 B-3. B. The prohibition contained in subsection A of this section shall not apply to the secure keeping of dangerous animals in the following circumstances: 1. In a bona fide, licensed veterinary hospital for treatment. 2. Under the jurisdiction of and in the possession of the natural resources commission, pursuant to Iowa Code chapters 481A and 481B. 3. At the Cedar Bend Humane Society. 4. In a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for public viewing or for purposes of research, study or instruction. 5. For purposes of bona fide religious practice or ritual. 6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. 13 5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS: A. Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5-1 B -2(B) shall report such fact, in writing, to the animal control officer, together with the following information: 1. The species name of each animal; 2. The number of such animals of each such species kept on the premises; 3. A physical description of each such animal, including any pet names to which it might respond; 4. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept; 5. In the case of poisonous dangerous animals, the location of the nearest source of antivenom for that species; and 6. The specific purpose for which the animal is kept and any use that will be made of the animal. B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure. C. Poisonous Animals; Antivenom Kept: Every person owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and current at all times. D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right of way or other property of another, except when such animal is being transported while caged or confined. E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control immediately in the event that a dangerous animal has escaped and is at large. F. At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction. G. Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity. H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection G of this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. 5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS: A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of 14 the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D.2 and sections 5-1B-5 or 5-1B-7 of this article. Any individual on this registry is subject to the restrictions on ownership found in this article, regardless of whether the individual changes addresses or moves to a different residence. An individual will be in violation hereof if the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else occupying the residence. C. Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity. D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the animal, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B- 12 shall apply. 5-1B-5: REGULATED DOGS: A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a regulated dog as defined in section 5-1B-1 of this article, except as expressly permitted by this article. C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to its destruction. D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a regulated dog as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem 15 the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-1 B-7. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. F. Permanent Identification Required: A dog found to be a potentially dangerous dog, dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. 5-1B-6: GUARD DOGS: The prohibition contained in this article shall not apply to keeping of guard dogs; provided, however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one (1) guard dog is permitted for each residential premises and two (2) guard dogs for each non- residential premises. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import, and the owner or caretaker of such premises shall inform animal control and the police department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or caretaker's responsibility to notify animal control immediately 16 when a guard dog has escaped and is running at large. The provisions of subsections A through F, H and I of section 5-1 B-7 shall apply to the registration of guard dogs. 5-1B-7: REGISTRATION OF REGULATED DOGS: A. Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection O. Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation punishable by a civil penalty of two hundred dollars ($200.00). In addition, the registration fee will be increased to one hundred dollars ($100.00) and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in section 5-1-1(E), and destruction of the dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter. B. Registration Form: An owner or caretaker of a dog determined to be potentially dangerous, dangerous or vicious by animal control must execute a registration form with animal control which includes the following information: 1. Name, address, and telephone number of the owner or caretaker, including proof that the owner or caretaker is over the age of eighteen (18) years; 2. Name and detailed physical description of the regulated dog 3. A photograph of the dog taken by animal control 4. Registration number assigned by animal control to the dog; 5. Veterinarian information for the dog; 6. Proof of a current rabies vaccination number and expiration date (a copy of which must be retained by animal control); 7. City license number (a copy of which must be retained by animal control); 8. Microchip or tattoo number as provided by subsection D of this section; 9. Detailed description of the incident or incidents leading animal control to classify the dog as regulated; and 10. Sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out). C. Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee of fifty dollars ($50.00) to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. 17 D. Permanent Identification: The registration number assigned by animal control under this section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant's expense. No person shall remove or alter such identification once it is affixed. E. Issuance Of Registration Certificate: If all requirements of this section are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the regulated dog within city limits. Prohibition On Registration For Owners With Prior Convictions: An applicant who has previously been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2, who has been convicted of a violation of section 5-1 B-5 of this article, or who has pled guilty, no contest, or the equivalent with respect to any such offense or violation, shall not be permitted to register a dog under this section. G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter providing services in such capacity. H. Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee of fifty dollars ($50.00), provides proof of current insurance, and updates any registration information previously provided. I. Additional Notification Responsibilities: 1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being. 2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours of the dog's death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to animal control. 3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours if the dog has been sold, relocated or given away and shall provide animal control with the name, address, and telephone number of the new owner or caretaker of the dog. 4. An owner or caretaker of a regulated dog must notify animal control of any change of address within fourteen (14) days after the change. J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. K. Conditional Removal Of Registration Requirement: If, within three (3) years of registration as a potentially dangerous dog, there have been no further incidents that satisfy the standards for such dog to be deemed potentially dangerous, the dog's registration requirement may be reviewed by animal control upon the owner's request. If animal control chooses to lift the registration requirement, the dog in question may still be declared potentially dangerous, dangerous or vicious at any future 18 date if it meets the standards for classification as such. In the event that animal control chooses to maintain the registration requirement for the dog, such decision shall be appealable to the city council. L. Automatic Enhancement of Regulated Status: After registration as a potentially dangerous dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog at least two (2) times within any consecutive twelve (12) month period, such dog will automatically be deemed a dangerous dog and be subject to section 5-16-5 of this article. If a dog has been registered as a potentially dangerous dog or a dangerous dog and at any time thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1 B-5 of this article. M. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a notice or order issued by the animal control officer pursuant to this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the notice or order, the owner must complete the registration process pursuant to this section within seven (7) days of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions set forth in subsection A of this section and in section 5-16-12. 5-1B-8: TETHERING OF DOGS: A. A dog may be restrained outdoors by tether, only on the property of the owner or caretaker of the dog, and only under the following conditions: 1. No tether may be attached to a fixed object unless the tether is so placed or attached that it cannot become entangled with another animal or object, and cannot extend over an object or edge that could result in strangulation of or injury to the animal, and shall be of sufficient length in proportion to the size of the animal, but no less than 10 feet in length, to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. Such tethering shall be so located so as not to allow such animal to trespass on public property or upon private property belonging to others, nor in such manner as to cause harm or danger to persons, the tethered animal, or other animals. 2. The tether shall not weigh more than one-eighth of the animal's body weight. Chains may not be used as tethers. 3. The tether must be attached to a properly fitting collar or harness worn by the animal. Choke or prong collars are prohibited. The tether must have a swivel at both ends. 4. No animal may be restrained by tether for more than 8 hours in a 24-hour period. When the temperature falls below 30 degrees Fahrenheit, with wind chill factor applied, or when the heat index is at least 85 degrees, no animal may be restrained outdoors by tethering for more than 15 minutes without access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. In any circumstances, a tethered animal must have access to an outdoor facility that provides adequate protection from the elements. 5-1B-9: DOG ATTACKS: In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in section 5-1-1(E) and all costs incident to destruction of the dog. 19 5-1B-10: IRRESPONSIBLE DOG OWNERS: A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a 12 -month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. A person designated as an irresponsible dog owner who is not convicted or does not plead to a further violation of this article for a period of thirty-six (36) months may apply to animal control to have the designation removed. The decision of animal control is appealable to the city council according to the appeal procedures set forth in section 5-1-12. 5-1B-11: LANDLORD LIABILITY: A. A landlord or its property manager that knowingly permits a tenant or occupant of its property to possess a dog in violation of sections 5-1 B-4, 5-1 B-5 or 5-1 B-10 shall be guilty of a municipal infraction. B. A landlord or its property manager shall not be guilty of a violation of subsection A if it takes prompt action to notify the tenant or occupant that the dog must be permanently removed from the property within seven (7) days of notice as set forth in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or occupant if the violation is not remedied. C. Whenever animal control or the city clerk issues a notice, order or decision in connection with a violation of sections 5-1 B-4, 5-1B-5 or 5-1B-10 to a person who is not the owner of the property, a copy of said notice, order or decision shall also be sent to the property owner at the tax statement address shown in the records of the county auditor. The failure of animal control or the city clerk to issue a copy of any notice, order or decision to the property owner, or the failure of the property owner to receive same, shall not be a defense to any violation of subsection A. 5-1B-12: ENFORCEMENT: A. Failure To Comply: 1. Except as set forth in section 5-1 B -7(A), if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order. 2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: (a) identifying information for the animal or dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in section 5-1-1(E), before the dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition 20 the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner. 3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner. 4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Penalties: 1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute a municipal infraction. 2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. 21 SUMMARY OF ORDINANCE NO. 5204 ADOPTED ON MARCH 10, 2014 BY THE WATERLOO CITY COUNCIL AS THE ANIMAL CONTROL ORDINANCE OF THE CITY OF WATERLOO, IOWA This is a summary of the amended and restated Animal Control Ordinance of the City of Waterloo, Iowa (referred to below as the "Ordinance"), located at Title 5, Chapter 1 of the Waterloo Code of Ordinances. The provisions of Chapter 1 not contained within Article A or Article B address general features regarding control of animals. These include prohibitions on animals being at large; prohibitions on the keeping of pigs, with limited exceptions; restrictions on trapping; prohibitions regarding cruelty to animals; restrictions on the use of animals for advertising purposes; standards for maintaining sanitary conditions, including prompt removal of excrement left by an animal on public property or on the premises of anyone other than the animal's owner or caretaker; and prohibitions against barking dogs and other noisy or annoying animals. Wild, non-domestic animals kept within the city must be registered, unless kept for certain stated purposes. Animal bites or attacks upon persons must be reported, and the animal must be confined for rabies testing. Dead animals must be disposed of within 24 hours. If an owner or caretaker is charged or cited, more than three times in a 12 -month period, with a violation of the Ordinance that requires a service call to a specific location, then a nuisance is declared and the person will be charged a service fee for subsequent responses. Article A provides general regulations regarding dogs and cats. With limited exceptions, all dogs and cats must be licensed annually, vaccinated for rabies, and tagged. Litters must be registered. Animals in heat must be confined indoors. Cats without a collar, license tag, or imbedded ownership chip may not be fed. Animals apprehended under any provision of the Ordinance will be impounded in the municipal pound or other shelter. Redemption of impounded animals requires payment of all fees and charges of impoundment. Dogs and cats must be spayed or neutered within 30 days of redemption, with proof of same delivered to animal control, or the animal will be seized. Article B deals with dangerous animals and dogs. Dangerous animals may not be kept, except for specifically stated reasons. Any person owning or keeping a dangerous animal must report such fact and provide certain information. Any person who has been convicted or pled to an animal -contest offense under state law is prohibited from keeping an animal of the same type within the city limits. The city will maintain a registry of persons who violate the state animal - contest law or certain provisions of the Ordinance pertaining to regulated dogs and the registration of such dogs. A new concept of regulated dogs has been adopted, which includes potentially dangerous dogs, dangerous dogs, and vicious dogs, each of which is defined. Regulated dogs may not be kept except in conformity with the Ordinance. A regulated dog must be permanently affixed with a registration number, which may not be removed. If an owner agrees to destroy or permanently remove a regulated dog from the city but fails to do so, then the city may destroy the dog. If a dog has previously been determined under court order or the laws of another jurisdiction to be potentially dangerous, dangerous, vicious or a threat to health or safety, then it will automatically be deemed to be a similar classification under the Ordinance and will be impounded. If it is potentially dangerous, then it may be permanently removed from the city. If it is dangerous or vicious, then it must be destroyed. Guard dogs may be kept if they are registered. Each residential premises is allowed one guard dog, and each non-residential premises is allowed two guard dogs. The Ordinance requires registration of all regulated dogs, i.e., those that are classified as potentially dangerous, dangerous or vicious. The specific requirements for registration are 1 numerous, but include such things as providing proof of liability insurance, affixing permanent identification to the dog, providing proof of proper facilities for the safe confinement of the dog, notification responsibilities, and spaying or neutering the dog. Registration must be renewed annually. Persons who have been convicted or pled to a violation of state animal contest laws or certain provisions of the Ordinance are barred from having a regulated dog. The registration requirement may be lifted as to a potentially dangerous dog if there have been no further incidents for a three-year period. If a person is convicted or pleads to a violation of Article B at least twice in any 12 -month period, he or she is deemed an irresponsible dog owner and will be prohibited from obtaining any new dog licenses. If the same person is convicted or pleads to a violation a third time within such period, he or she will forfeit all right to own or possess a dog in the city, and any dogs they then possess will be seized. If the person has no further violations for a period of 36 months, he or she can apply to animal control to have their designation as an irresponsible dog owner removed. Landlords and property managers may not knowingly permit a tenant or occupant to possess a dog if the person is prohibited under the Ordinance from doing so. The landlord or property manager may avoid prosecution if they take prompt action to notify the tenant or occupant that the dog must be permanently removed from the property within seven days and, if the dog is not removed, the landlord or property manager must then terminate the lease and evict the tenant or occupant. The Ordinance also prescribes conditions for tethering of dogs. The Ordinance contains numerous enforcement provisions that may result in fines, fees, charges, seizure of animals, and destruction of animals. These provisions are recited in the addendum to this summary. Various determinations made by animal control under authority of the Ordinance are subject to appeal upon compliance with appeal procedures prescribed by applicable provisions of the Ordinance. The above is only a summary of the Ordinance and not the complete text of the Ordinance. There are many details and specific terms, conditions, and requirements that have not been provided in this summary. Questions should be directed to the office of the City Clerk. The Ordinance may be inspected in its entirety at the office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance will become effective upon publication of this summary. APPENDIX — Provisions with Fees, Charges and Property Forfeiture 5-1-1: ANIMALS AT LARGE: B. Any animal found in violation of the provisions of any of the subsections of this section by a sanitary inspector, animal control officer or any police officer of the city, or any other person, may be apprehended and impounded with the city, or an alternate pound or shelter designated by the city. It shall be unlawful for any person employed by the city, or any person employed by or connected with the animal pound or shelter or any society or organization operating or maintaining such pound or shelter under lease or contract with the city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever, any animal impounded in such pound or shelter to any person, organization or research facility for the purpose of using such animal as food, unless such animal is of a type that is customarily used for food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such animal for medical experimentation is duly approved and authorized by the state to conduct such experimentation, or for any other purpose except for pets and related activities. D. Any wild, nondomestic animals, reptiles or birds, in captivity in the metropolitan area of the 2 city, except such animals that are within the city for the purposes of display by a show, act, carnival, zoo, circus or promotional agency, which are known to be dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of the city: the animal control officer, the police department and the humane society. If such animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional agency, then such group shall show adequate and ample restraints placed upon the animals as to protect the health and safety of the exposed public. If such animal becomes at large within the city and poses a threat to the public, it shall be assumed that the owner has given consent to eliminate the animal with the cost to be borne by the owner. The mayor, the animal control officer or any police officer may order the elimination of such animal. E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or impounded in accordance with the provisions of this chapter shall be liable to pay all costs of impoundment. The costs of impoundment shall include all feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable diseases, fees for sedation and special handling, and charges for reasonable medical services, equipment or supplies. In addition, the owner or caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for the first pick up which occurs in a calendar year and ten dollars ($10.00) per day for a holding fee. The pickup fee shall increase ten dollars ($10.00) for each additional pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in full at the time the animal is redeemed. 5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS: D. The owner of the animal that needs sedation to bring it under control shall pay for costs of the sedation and for the care and feeding while the animal is under control of the city or the humane society. 5-1-9: ANIMALS BITING PERSONS: B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in section 5-1-1(E) must be paid in full. 5-1-11: CHRONIC VIOLATORS: A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, and said person shall be charged a nuisance service fee of $50.00 per hour per officer for subsequent responses involving the same person or his or her household. Any fraction of an hour is tabulated as a complete hour. C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. 5-1-12: ADMINISTRATIVE PROCEDURES: B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily 3 rate of impoundment at animal control multiplied by forty-five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the State of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: 1. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. 5-1-13: ENFORCEMENT: B. If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5) days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. 5-1A-2: LICENSES REQUIRED: D. License Fees: 1. The annual license fee shall be five dollars ($5.00) for each dog or cat that has been spayed or neutered, otherwise the annual license fee shall be twenty-five dollars ($25.00) for each dog or cat, if paid by March 31 or within ninety (90) days after the date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B above. Any fee not paid by the due date shall increase to ten dollars ($10.00) and fifty dollars ($50.00), respectively. 2. Duplicate licenses shall be issued at a cost of five dollars ($5.00). 5-1A-6: PROHIBITED ACTS AND CONDITIONS: A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1 B-9, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense. B. Dogs Or Cats Attacking, Causing Damage Or Injury: 3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may 4 be seized and the owner or caretaker will be guilty of a municipal infraction. E. Litters: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the State of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with its litter that at any time exceeds two (2) offspring, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee of fifty dollars ($50.00). Animal control may seize the entire litter and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. 5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION: A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Permanent Identification: Each dog apprehended after being found at large, and each dog confined pursuant to section 5-1-9(B), shall be assigned a registration number by animal control. If a registration number has not previously been affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large must have the animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of same to animal control within ten (10) days after the procedure. If the owner or caretaker fails to spay or neuter the animal, then animal control may seize it and, in appropriate circumstances as determined by animal control, the animal may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees and charges as set forth in section 5-1-1(E) within the applicable time allowed by this chapter or by order of animal control or the city council. 5-1A-10: VIOLATION; PENALTY: Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. 5-1 B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS: F. At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction. G. Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions 5 of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity. 5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS: A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. C. Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity. 5-1 B-5: REGULATED DOGS: C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to its destruction. D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a regulated dog as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5- 1 B-7. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. F. Permanent Identification Required: A dog found to be a potentially dangerous dog, 6 dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. 5-1B-7: REGISTRATION OF REGULATED DOGS: A. Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection O. Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation punishable by a civil penalty of two hundred dollars ($200.00). In addition, the registration fee will be increased to one hundred dollars ($100.00) and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in section 5-1-1(E), and destruction of the 7 dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter. C. Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee of fifty dollars ($50.00) to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. H. Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee of fifty dollars ($50.00), provides proof of current insurance, and updates any registration information previously provided. J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. 5-1 B-9: DOG ATTACKS: In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in section 5-1-1(E) and all costs incident to destruction of the dog. 5-1B-10: IRRESPONSIBLE DOG OWNERS: A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a 12 -month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. 5-1B-11: LANDLORD LIABILITY: A. A landlord or its property manager that knowingly permits a tenant or occupant of its property to possess a dog in violation of sections 5-1 B-4, 5-1B-5 or 5-1B-10 shall be guilty of a municipal infraction. 5-1B-12: ENFORCEMENT: A. Failure To Comply: 1. Except as set forth in section 5-1 B -7(A), if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous 8 dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order. 2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: (a) identifying information for the animal or dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in section 5-1-1(E), before the dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner. 3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner. 4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Penalties: 1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute a municipal infraction. 2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. 9 STATE OF IOWA, } Black Hawk County, SS 3x3/I MO1 961 lea. -lue Legal Notice MINUTES, BOARDS OF TRUSTEES, CEDAR FALLSUTILITIES February 24, 2014 The Board of Trustees met on the above date in called to special ordersession. 1:30 The p p.m. Trustees was Doc present were: Roger A. Kueter, MaraBeth '00' . Soneson, Pamela L. Taylor, and Vilas 30t L. Morris. Absent: None. Others present: S. James R. Krieg, General Manager/CEO, John Larsen, Board Counsel, and Jeff Engel. as printed and LOC The agenda was approved S distributed. Rick McCollum, Director of Financial and Organizational Services, presented an overview on Tax Increment Financing. General Manager review of a customersurvey that wall be ve a distributed regarding cable television line-up options. Trustee Morris was excused at 3:15 p.m. The following item was presented for information purposes only: the Board Retreat has been rescheduled to March 10, 2014. Meeting adjourned at 320 p.m. IN THE BLAWCKDHAWK ICT COUNTYCRT FOR STATE OF IOWA BLACK HAWK COUNTY (SS) Docket No. (Sale No.)167808(1) Court No. SPECIAL EXECUTION PLAINTIFF: BANK OF AMERICA, N.A. VS. DEFENDANT: CHAPMAN, AMANDA M. N/K/A AMANDA MARYANNE WILLIAMS, JUSTIN RAY TJAU- HORITY. ANAD TERLOO PORTTFOLLIIO RECOV- ERY ASSOCIATES, LLC - IN REM As result hes above referencedof the renderedment courtcase,an execution was issued by the court to the Sheriff of this county. The execution ordered the sale of defendant(s)meal Estate Property to satisfy the judg. The property to be sold is: LOT NO. FOUR (4) IN BLOCK NO. FOUR4) IN BORWN-HALL ADDITION THE CITY OF WATERLOO, IOWA Street Address 314 WILLISTON AVE., WATERLOO, IOWA 50702 will be offered for The described property sale at public auction for cash only as follows: Date of Sale: 04/02/2014 Time of is as follows: $122.00 in US currency; silver/blac Samsung cell phone (7082440647) fror Cortez Cain; $721.00 in US currency;blu /black Samsung cell phone from Dwigi Porter; $300.00 in US currency; Boost mobile cell phone (7735530511 from Casey Fleming (total US currency $1,143.00) 3. The estimated value of the property less than $2,000.00 4. The property was seized at th following date and location: Date seized: 05/30/2012 Street,LocWaterloo ,e Black 302-11.5 of seizur: Hawk Count Iowa 5. The conduct giving rise to the forfeitui action is: Proceeds from andr used I facilitate the illegal sale(s) of a controlle substance, to -wit: cocaine base (cra( cocaine). 6. The property is forfeitable under tt provisions of Chapter 809A. WHEREFORE, Eorfeit dthe tste asks pursuantt tot Et tt property be provisions of Chapter 809A. STATE OF IOWA BLACK HAWK COUNTY I, Brad P. Walz, being duly sworn, sta that the complaint is informationue in d correct to the best my knowledge. Brad P. Walz AT000811 Assistant Black Hawk County Attom Sworn and subscribed to before me i daythis the 8th of the prosecutorohosesignatursignature above. Susan L. Warr Notary Public, State of Ion Commission #7017. My Commission Expires: 2/16/20 You are hereby notified that an nsa afi must be filed within twenty days service of the in rem complaint. TI answer must be filed and served accordance with the Iowa Code, Sects 809A.13. Failure to do so will result forfeiture of this property. 91y3- 10 sa3E n0/( UOs past -ul 3U3 e9J (j6u apo u � 0 5 jolts 'LB sale 0 3Oet loge rl It iwsr. I Ulf The City Council of Gilbertville, Iowa rr in regular session with Mayor Thor calling the meeting to order at 7:00 p. March 17, 2014. Council memb( Sresent: l ells and Becker were absent. Mains SharoMayon Thorne ledetheof theinvocation tin All glance. Motion by Kleinert, seconded by Kaval to approve the March 17, 2014 agent Ayes - Three. Motion carried. Fren Motion by Kavalier, seconded by to approve the following items items listeseed 1 the consent agenda: 1) meeting; March 3, 2014 regular Resolution 2014-914 authorizing rkff res pa mE ofR bills for thh transfeonth rs; 3) Thee. Motion carried. of January.Ayes No Public Comment: water yDiscussion/Action adjusting due to frozen water lines. One writ statement was received requesting a justment on water bill due to frozen pip Dianne Lellig addressedr to feed n explaining that sheWagsr out didn't WE I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5204 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 1st day of April, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $320.63 Signed Subscribed and sworn to before me this 10 Day of ftrt A.D., 20 \t4 Received of Notary Public the sum of Dollars. In full for publication of the above notice. -" 1 E Fsit C€k �lSl"fb�s 1 ' 1 ,,. ?hQiC11! C•N e 1O.7E2413 1 r ? . hTr cu > �� t� P yiES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5204 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY REPEALING CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS, OF THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Chapter 1, Animal Control, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Chapter 1, Animal Control, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: 5-1-1: ANIMALS AT LARGE: A. No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys, chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in front of any person's premises, without the consent of such person, nor shall any animal be permitted to be staked or tied out to graze in public streets, alleys or avenues of the city. B. Any animal found in violation of the provisions of any of the subsections of this section by a sanitary inspector, animal control officer or any police officer of the city, or any other person, may be apprehended and impounded with the city, or an alternate pound or shelter designated by the city. It shall be unlawful for any person employed by the city, or any person employed by or connected with the animal pound or shelter or any society or organization operating or maintaining such pound or shelter under lease or contract with the city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever, any animal impounded in such pound or shelter to any person, organization or research facility for the purpose of using such animal as food, unless such animal is of a type that is customarily used for food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such animal for medical experimentation is duly approved and authorized by the state to conduct such experimentation, or for any other purpose except for pets and related activities. Ordinance No. 5204 Page 2 C. The harboring of any animal requires that the following guidelines be followed: 1. All such species must be restrained upon the owner's property and penned (housed or stabled) in such a manner that the animals will not place any person in fear of attack. 2. All animals that are included in this section shall be required to have adequate space as so designated by the zoning ordinance according to the size and needs of the various animals, and each animal shall be so restrained in an area to allow proper exercise for the particular species involved. 3. When the owner restrains (harbors) any animal in an area not adjoining the owner's residence, the owner shall post his name, address and phone number at the place where the animal is being restrained (harbored). D. Any wild, nondomestic animals, reptiles or birds, in captivity in the metropolitan area of the city, except such animals that are within the city for the purposes of display by a show, act, carnival, zoo, circus or promotional agency, which are known to be dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of the city: the animal control officer, the police department and the humane society. If such animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional agency, then such group shall show adequate and ample restraints placed upon the animals as to protect the health and safety of the exposed public. If such animal becomes at large within the city and poses a threat to the public, it shall be assumed that the owner has given consent to eliminate the animal with the cost to be borne by the owner. The mayor, the animal control officer or any police officer may order the elimination of such animal. E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or impounded in accordance with the provisions of this chapter shall be liable to pay all costs of impoundment. The costs of impoundment shall include all feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable diseases, fees for sedation and special handling, and charges for reasonable medical services, equipment or supplies. In addition, the owner or caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for the first pick up which occurs in a calendar year and ten dollars ($10.00) per day for a holding fee. The pickup fee shall increase ten dollars ($10.00) for each additional pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in full at the time the animal is redeemed. Ordinance No. 5204 Page 3 5-1-2: SWINE PROHIBITED; EXCEPTIONS: A. No person shall keep or harbor any pigs or have any pig pens or pig sties within the city, except as follows: 1. Nothing contained in this section shall prevent the harboring and keeping of pigs and use of pig pens and sties in connection with a general farming operation on tracts of farmland of the size of forty (40) acres or greater. 2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties within the confines of any meatpacking plant where such pigs have been brought for butchering and processing. 3. Nothing herein contained shall prevent the keeping of pigs which are housed at the Sunrise Exchange Club Petting Zoo. B. The provisions of this section shall be subject to the provisions of this code and other ordinances of the city relating to nuisances. 5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS: A. The animal control officer, his agents or any police official shall be able to use a tranquilizer gun or any other drug to bring an animal at large under control. B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a threat or danger to the general public or to the city officer trying to bring the animal under control. C. If it becomes necessary for the animal control department or the police department to use a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be held responsible for any damage done to the animal by the use of the tranquilizer gun or other drugs. D. The owner of the animal that needs sedation to bring it under control shall pay for costs of the sedation and for the care and feeding while the animal is under control of the city or the humane society. 5-1-4: DISPOSAL OF DEAD ANIMALS: A person caring for or owning any animal that has died shall not allow the carcass to remain about his premises. Such carcass shall be disposed of within twenty four (24) hours after death. 5-1-5: TRAPPING RESTRICTIONS: No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any structure or building for the Ordinance No. 5204 Page 4 purpose of taking, killing, maiming, wounding, ensnaring or capturing an animal or which is injurious to persons or animals, except for the following: A. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or property; B. Licensed pest and rodent control persons in protection of private property; C. During the season allowed by the state conservation commission for taking of fur -bearing animals on parcels of land privately owned of forty (40) acres or more, or public land controlled by a governmental agency issuing such rights to trapping; D. Wire cage box traps may be used to remove nuisance pests from private property; said traps must be checked every twelve (12) hours; E. A private property owner on his private property in order to control small rodents, such as gophers, moles and other similar animals. 5-1-6: CRUELTY TO ANIMALS: No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are encouraged or made to perform through the use of chemical, electrical or mechanical means or devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or protection from the weather, or cruelly abandon the same, or shall commit any other act of omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or fowl, whether the acts or omissions herein contemplated be committed either maliciously, wilfully or negligently, and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor. 5-1-7: USE OF ANIMALS RESTRICTED: A. Artificially Colored Animals; Sale: No gosling or rabbit that has been dyed or artificially may be sold or offered offered or given as a prize, premium or displayed in any store, shop, place. B. Use As Advertising Devices: chick, duckling, otherwise colored for sale, raffled, or advertising device, carnival or other public 1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or Ordinance No. 5204 Page 5 advertising device, in quantity of less than twelve (12) birds to an individual person unless sold by a person engaged in the business of selling chicks, ducklings and goslings for agricultural or wildlife purposes. 2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate water available to the birds at all times. 5-1-8: SANITARY CONDITIONS MAINTAINED: A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any dog, cat, horse or other animal to permit excrement or droppings said animals to collect on the premises of causing odor or an unsanitary condition. from any of said person Each owner, caretaker or person in charge of an animal shall prevent said animal from interfering with any neighboring residents' peaceful and quiet enjoyment of their property. B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible any excrement or droppings deposited by said dog, cat, horse or other animal on any real estate, whether privately owned or publicly owned, other than on the premises of the owner, caretaker or person in charge; provided, however, that the foregoing does not apply to excrement or droppings deposited by Waterloo police dogs or horses when police officers are using said dogs or horses for official police duties. C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning ordinance, and who intends to install a confined waste system shall conform to all of the following requirements: 1. The confined waste system container (hereinafter "container") shall have a maximum volume of two and thirty six -hundredths (2.36) cubic feet or seventeen and seventy two -hundredths (17.72) gallons. 2. The container shall be placed in an area of the property not normally occupied or used for play or recreation, and the container shall be buried so that the lid remains exposed. 3. The container shall ha remain closed at all ti when animal excrement added. The lid shal replaced. ve mes. or 1, a waterproof lid that shall The lid may be removed only droppings are deposited or thereafter, be immediately Ordinance No. 5204 Page 6 4. Lime or activated enzymes shall be added periodically to promote the continued decomposition of waste. 5. Enforcement of this subsection shall be by the Black Hawk County health department and/or the animal control officer, as designated by the city council. 5-1-9: ANIMALS BITING PERSONS: A. Duty to Report: It shall be the duty of the owner or caretaker of any dog, cat or any other animal which has bitten or attacked a person, or of any person having knowledge of such bite or attack, to report this act to the health department, police department or animal control. It shall be the duty of physicians or veterinarians to report to the health department the existence of any animal known or suspected to be suffering from rabies. B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in section 5-1-1(E) must be paid in full. 5-1-10: NOISY OR ANNOYING ANIMALS: It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the unreasonable annoyance of others. After the first written warning, residents of at least three (3) neighboring households must sign a citation or a petition. If the party charged pleads not guilty, the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or other animal shall constitute in evidence a prima facie presumption of permission of the owner in any proceedings charging any violation of this subsection. 5-1-11: CHRONIC VIOLATORS: A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, Ordinance No. 5204 Page 7 and said person shall be charged a nuisance service fee of $50.00 per hour per officer for subsequent responses involving the same person or his or her household. Any fraction of an hour is tabulated as a complete hour. B. Written notice that a person is a chronic violator of this chapter shall be directed to such person, and such notice is appealable to the city council as set forth in section 5-1- 12. C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. 5-1-12: ADMINISTRATIVE PROCEDURES: A. Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have been delivered at the time of personal delivery, three (3) business days after the date of mailing, or one (1) business day after posting. B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty-five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the State of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: 1. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. Ordinance No. 5204 Page 8 2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. 5-1-13: ENFORCEMENT: A. In addition to any police officer of this city, animal control officers shall have police powers in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of his or her powers. For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had the proper rabies vaccination tag. B. If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5) days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. Ordinance No. 5204 Page 9 5-1-14: DEFINITIONS: For purposes of this chapter, including each article under this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: ANIMAL CONTROL: The city department and its officers that have been appointed by the city council to enforce the animal control ordinances of the city, or another governmental agency or private party which the city council has appointed by contract for such purpose. AT LARGE: An animal is at large if it is found within the city off the premises of its owner or caretaker, however, an animal will not be deemed at large if: 1. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter. 2. It is under the control of authorized public safety personnel. 3. It is under the control of a professional handler for special events including, but not limited to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal -assisted therapy. In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be deemed at large if (i) it is restrained by a rope, leash, cord, chain, or restraining device not more than four (4) feet in length, or is properly restrained within a motor vehicle or trailer, or (ii) it is within the fenced boundaries of an area designated by the city as a dog park and the owner or caretaker is present. CARETAKER: Any person having possession of an animal, for a period of more than six hours for any purpose, where the person in possession does not own the animal, other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate family who resides in the same household as the owner. OWNER: Any person owning, keeping or harboring an animal or fowl. Ordinance No. 5204 Page 10 ARTICLE A 5-1A-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 shall apply to the provisions of this article, to the extent applicable. ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container. ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any interval. ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with the city. BOARDING KENNEL: A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration. COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both, for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder. COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or cats, or both, and may or may not render boarding services in return for a consideration. DEALER: Any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged. HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or enclosures. KENNEL: An area of private property that is sheltered where dogs or cats are kept under constant restraint. OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal kept Ordinance No. 5204 Page 11 outdoors to protect themselves from the direct rays of the sun. B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. C. Shelter From Cold Weather: Shelter may be provided for all dogs or cats and any animals kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the living area of the dog or cat or other animal. PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate animal is sold, exchanged or offered for sale to the general public. PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment. RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of, living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals. TRANQUILIZE: To temporarily sedate any animal for gaining control. 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats, six (6) months old or older, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each year apply to the city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after January 1, and at any time, for a dog or cat which has come into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date. C. Form Of Application: Subject application shall be in writing on blanks provided by the city clerk, and shall state the Ordinance No. 5204 Page 12 breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee shall be five dollars ($5.00) for each dog or cat that has been spayed or neutered, otherwise the annual license fee shall be twenty-five dollars ($25.00) for each dog or cat, if paid by March 31 or within ninety (90) days after the date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B above. Any fee not paid by the due date shall increase to ten dollars ($10.00) and fifty dollars ($50.00), respectively. 2. Duplicate licenses shall be issued at a cost of five dollars ($5.00) . 3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid license issued by the State of Iowa that allows keeping of such animals. the 4. The owner of all dogs or cats six (6) months old or older must comply with all the article, including but not limited rabies vaccination and license tag, fee has been waived. A written provisions of this to the obtaining of even if the license certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire on January 1 of the year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. F. Transfer ownership the same Or Change Of Ownership: When the permanent of a dog or cat is transferred, the license for may be transferred by the city clerk by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. Ordinance No. 5204 Page 13 H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the year in which they are due and payable, and a penalty shall be added to each unpaid license on or after said date in the like amount of the annual license fee as hereinbefore set out in subsection D of this section. 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. 5-1A-5: LICENSE TAGS: A. Required: The city clerk shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial and during the term of license shall be the dog or cat for which the expiration of the license, the from the dog or cat. at collar or harness all times kept on license is owner 5-1A-6: PROHIBITED ACTS AND CONDITIONS: issued. On the shall remove said tag A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at Ordinance No. 5204 Page 14 large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1B-9, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense. B. Dogs Or Cats Attacking, Causing Damage Or Injury: 1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to attack persons or domestic animals or to destroy property, or to permit such dog or cat to place persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said dog or cat did attack persons or domestic animals, destroy property, or place persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner or caretaker in any proceeding charging violation of this subsection. 2. Animal control shall have discretion about whether to charge a violation of this subsection, depending on the particular circumstances and whether the animal constitutes a risk of attacking again, and in exercising such discretion animal control may be aided by the professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to charge a violation concerning a dog, then animal control will classify the dog as potentially dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written notice of same to the owner or caretaker. 3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may be seized and the owner or caretaker will be guilty of a municipal infraction. C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his or her presence so that the said female dog or cat cannot come into contact with another animal except for planned breeding. D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large without a collar, license tag, or imbedded ownership chip, except for a person who does so Ordinance No. 5204 Page 15 as an authorized participant in a city -sponsored program to trap, neuter and release such cats. E. Litters: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the State of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with its litter that at any time exceeds two (2) offspring, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee of fifty dollars ($50.00). Animal control may seize the entire litter and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. 5-1A-7: KENNEL PREMISES; NONCONFORMING USE: Any premises declared by this article to be a kennel that is not located in a properly zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended, reconstructed, substituted or structurally altered except when required by law, nor shall the number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned or kept on a premises declared by this article to be a kennel, dies or is sold or is given away, said dog or cat shall not be replaced until such time as the use of said premises is no longer a kennel and a nonconforming use as defined by this section. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. 5-1A-8: MUNICIPAL POUND: A. City May Establish: The city may establish and maintain a municipal animal pound or shelter to be conducted and operated by the city. It shall be the duty of the authorized persons appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to provide adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary. B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the city may contract with any incorporated society or association for the prevention of cruelty to animals for the collection and protection of licensed or unlicensed dogs, cats and other animals, for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other animals "at large" as herein defined, for the destruction or other disposition of seized dogs or cats, or other animals, not redeemed as provided by this article, for Ordinance No. 5204 Page 16 the disposal of dead animals, and to assist in the collection of licenses upon dogs and cats. 5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION: A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Permanent Identification: Each dog apprehended after being found at large, and each dog confined pursuant to section 5- 1-9(B), shall be assigned a registration number by animal control. If a registration number has not previously been affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large must have the animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of same to animal control within ten (10) days after the procedure. If the owner or caretaker fails to spay or neuter the animal, then animal control may seize it and, in appropriate circumstances as determined by animal control, the animal may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees and charges as set forth in section 5-1-1(E) within the applicable time allowed by this chapter or by order of animal control or the city council. 5-1A-10: VIOLATION; PENALTY: Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. Ordinance No. 5204 Page 17 ARTICLE B 5-1B-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 and 5-1A-1 shall apply to the provisions of this article, to the extent applicable. DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so. B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals or species of animals shall be deemed dangerous per se: 1. All felids, except Felis domestica (domestic cats). 2. All ursids (bears). 3. All canids, except Canis familiaris (dogs). 4. All nonhuman primates. 5. All crocodilians. 6. All venomous and constricting snakes. 7. All venomous reptiles. 8. All venomous arachnids. 9. All mustelids, except domestic ferrets. D. In addition to the exceptions stated in subsection C of this definition, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements: 1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas. 2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited to corn snakes, king Ordinance No. 5204 Page 18 snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons. 3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats. DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury not severe enough to result in a broken bone or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a dangerous dog in the following circumstances: 1. Where the dog is used by a law enforcement official for approved law enforcement purposes. 2. Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog was properly confined or tethered as required by this chapter. 3. Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or caretaker of the dog, or by a person who was attacking the owner or caretaker of the dog. 4. Where the threat or injury was sustained by a person due to the person torturing, tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or by a person in the process of treating or rendering aid to a previously injured animal. 5. Where the dog was protecting itself or its young. 6. Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog. GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. POTENTIALLY DANGEROUS DOG: Any dog with a tendency or disposition to bite or attack unprovoked, to otherwise endanger the safety of humans or other domestic animals, or that chases or approaches a person or other domestic animal without Ordinance No. 5204 Page 19 provocation while off its owner's or caretaker's property in a menacing fashioning or apparent attitude of attack, if the owner of such dog is convicted or pleads guilty, no contest, or the equivalent to a violation of 5 -1A -6(B) based on fear of attack or injury. REGULATED DOG: Any dog that is a potentially dangerous dog, dangerous dog, or vicious dog as defined by this article. VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury that results in one or more broken bones or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Any dog that kills a person or other domestic animal without provocation while off the property of its owner or caretaker. C. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a vicious dog under the same circumstances in which a dog would not be deemed a dangerous dog as set forth under the definition of a dangerous dog. 5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS: A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined in this article, except as provided in subsection B of this section or in section 5-1B-3. B. The prohibition contained in subsection A of this section shall not apply to the secure keeping of dangerous animals in the following circumstances: 1. In a bona fide, licensed veterinary hospital for treatment. 2. Under the jurisdiction of and in the possession of the natural resources commission, pursuant to Iowa Code chapters 481A and 481B. 3. At the Cedar Bend Humane Society. 4. In a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for public viewing or for purposes of research, study or instruction. 5. For purposes of bona fide religious practice or ritual. 6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. Ordinance No. 5204 Page 20 5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS: A. Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5 -1B -2(B) shall report such fact, in writing, to the animal control officer, together with the following information: 1. The species name of each animal; 2. The number of such animals of each such species kept on the premises; 3. A physical description of each such animal, including any pet names to which it might respond; 4. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept; 5. In the case of poisonous dangerous animals, the location of the nearest source of antivenom for that species; and 6. The specific purpose for which the animal is kept and any use that will be made of the animal. B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure. C. Poisonous Animals; Antivenom Kept: Every person owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and current at all times. D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right of way or other property of another, except when such animal is being transported while caged or confined. E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control immediately in the event that a dangerous animal has escaped and is at large. F. At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, Ordinance No. 5204 Page 21 nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction. G. Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity. H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection G of this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. 5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS: A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D.2 and sections 5-1B-5 or 5-1B-7 of this article. Any individual on this registry is subject to the restrictions on ownership found in this article, regardless of whether the individual changes addresses or moves to a different residence. An individual will be in violation hereof if the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else occupying the residence. C. Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time Ordinance No. 5204 Page 22 as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity. D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the animal, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. 5-1B-5: REGULATED DOGS: A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a regulated dog as defined in section 5-1B-1 of this article, except as expressly permitted by this article. C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to its destruction. D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a regulated dog as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the Ordinance No. 5204 Page 23 city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-1B-7. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog, as set forth in section 5- 1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. F. Permanent Identification Required: A dog found to be a potentially dangerous dog, dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any Ordinance No. 5204 Page 24 other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. 5-1B-6: GUARD DOGS: The prohibition contained in this article shall not apply to keeping of guard dogs; provided, however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one (1) guard dog is permitted for each residential premises and two (2) guard dogs for each non-residential premises. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import, and the owner or caretaker of such premises shall inform animal control and the police department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or caretaker's responsibility to notify animal control immediately when a guard dog has escaped and is running at large. The provisions of subsections A through F, H and I of section 5-1B-7 shall apply to the registration of guard dogs. 5-1B-7: REGISTRATION OF REGULATED DOGS: A. Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection O. Ordinance No. 5204 Page 25 Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation punishable by a civil penalty of two hundred dollars ($200.00). In addition, the registration fee will be increased to one hundred dollars ($100.00) and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in section 5-1- 1(E), and destruction of the dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter. B. Registration Form: An owner or caretaker of a dog determined to be potentially dangerous, dangerous or vicious by animal control must execute a registration form with animal control which includes the following information: 1. Name, address, and telephone number of the owner or caretaker, including proof that the owner or caretaker is over the age of eighteen (18) years; 2. Name and detailed physical description of the regulated dog 3. A photograph of the dog taken by animal control 4. Registration number assigned by animal control to the dog; 5. Veterinarian information for the dog; 6. Proof of a current rabies vaccination number and expiration date (a copy of which must be retained by animal control); 7. City license number (a copy of which must be retained by animal control); 8. Microchip or tattoo number as provided by subsection D of this section; 9. Detailed description of the incident or incidents leading animal control to classify the dog as regulated; and Ordinance No. 5204 Page 26 10. Sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out) . C. Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee of fifty dollars ($50.00) to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. D. Permanent Identification: The registration number assigned by animal control under this section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant's expense. No person shall remove or alter such identification once it is affixed. E. Issuance Of Registration Certificate: If all requirements of this section are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the regulated dog within city limits. F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has previously been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2, who has been convicted of a violation of section 5-1B-5 of this article, or who has pled guilty, no contest, or the equivalent with respect to any such offense or violation, shall not be permitted to register a dog under this section. G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter providing services in such capacity. H. Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee of fifty dollars ($50.00), provides proof of current insurance, and updates any registration information previously provided. I. Additional Notification Responsibilities: Ordinance No. 5204 Page 27 1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being. 2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours of the dog's death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to animal control. 3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours if the dog has been sold, relocated or given away and shall provide animal control with the name, address, and telephone number of the new owner or caretaker of the dog. 4. An owner or caretaker of a regulated dog must notify animal control of any change of address within fourteen (14) days after the change. J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. K. Conditional Removal Of Registration Requirement: If, within three (3) years of registration as a potentially dangerous dog, there have been no further incidents that satisfy the standards for such dog to be deemed potentially dangerous, the dog's registration requirement may be reviewed by animal control upon the owner's request. If animal control chooses to lift the registration requirement, the dog in question may still be declared potentially dangerous, dangerous or vicious at any future date if it meets the standards for classification as such. In the event that animal control chooses to maintain the registration requirement for the dog, such decision shall be appealable to the city council. L. Automatic Enhancement of Regulated Status: After registration as a potentially dangerous dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog at least two (2) times within any consecutive twelve (12) month period, such dog will automatically be deemed a dangerous dog and be subject to section 5-1B-5 of this article. If a dog has been Ordinance No. 5204 Page 28 registered as a potentially dangerous dog or a dangerous dog and at any time thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1B-5 of this article. M. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a notice or order issued by the animal control officer pursuant to this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the notice or order, the owner must complete the registration process pursuant to this section within seven (7) days of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions set forth in subsection A of this section and in section 5-1B- 12. 5-1B-8: TETHERING OF DOGS: A. A dog may be restrained outdoors by tether, only on the property of the owner or caretaker of the dog, and only under the following conditions: 1. No tether may be attached to a fixed object unless the tether is so placed or attached that it cannot become entangled with another animal or object, and cannot extend over an object or edge that could result in strangulation of or injury to the animal, and shall be of sufficient length in proportion to the size of the animal, but no less than 10 feet in length, to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. Such tethering shall be so located so as not to allow such animal to trespass on public property or upon private property belonging to others, nor in such manner as to cause harm or danger to persons, the tethered animal, or other animals. 2. The tether shall not weigh more than one-eighth of the animal's body weight. Chains may not be used as tethers. 3. The tether must be attached to a properly fitting collar or harness worn by the animal. Choke or prong collars are prohibited. The tether must have a swivel at both ends. 4. No animal may be restrained by tether for more than 8 hours in a 24-hour period. When the temperature falls below 30 degrees Fahrenheit, with wind chill factor applied, or when the heat index is at least 85 degrees, no animal may be restrained outdoors by tethering for more than 15 minutes without access to adequate feed, Ordinance No. 5204 Page 29 adequate water, and an outdoor facility that provides adequate protection from the elements. In any circumstances, a tethered animal must have access to an outdoor facility that provides adequate protection from the elements. 5-1B-9: DOG ATTACKS: In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in section 5-1-1(E) and all costs incident to destruction of the dog. 5-1B-10: IRRESPONSIBLE DOG OWNERS: A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a 12 -month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. A person designated as an irresponsible dog owner who is not convicted or does not plead to a further violation of this article for a period of thirty-six (36) months may apply to animal control to have the designation removed. The decision of animal control is appealable to the city council according to the appeal procedures set forth in section 5-1- 12. 5-1B-11: LANDLORD LIABILITY: A. A landlord or its property manager that knowingly permits a tenant or occupant of its property to possess a dog in violation of sections 5-1B-4, 5-1B-5 or 5-1B-10 shall be guilty of a municipal infraction. B. A landlord or its property manager shall not be guilty of a violation of subsection A if it takes prompt action to notify the tenant or occupant that the dog must be Ordinance No. 5204 Page 30 permanently removed from the property within seven (7) days of notice as set forth in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or occupant if the violation is not remedied. C. Whenever animal control or the city clerk issues a notice, order or decision in connection with a violation of sections 5-1B-4, 5-1B-5 or 5-1B-10 to a person who is not the owner of the property, a copy of said notice, order or decision shall also be sent to the property owner at the tax statement address shown in the records of the county auditor. The failure of animal control or the city clerk to issue a copy of any notice, order or decision to the property owner, or the failure of the property owner to receive same, shall not be a defense to any violation of subsection A. 5-1B-12: ENFORCEMENT: A. Failure To Comply: 1. Except as set forth in section 5 -1B -7(A), if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order. 2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: (a) identifying information for the animal or dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in section 5-1-1(E), before the dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner. 3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner. Ordinance No. 5204 Page 31 4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Penalties: 1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute a municipal infraction. 2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 24, 2014 February 24, 2014 March 3, 2014 March 10, 2014 PASSED AND ADOPTED this 10th day of March, 2014. ATTEST: Suzy Sc _res, CMC City Clerk est G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5204 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 10th day of March, 2014. 2014. Witness my hand and seal of office this 10th day of March, SEAL Suzy Scares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5204 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY REPEALING CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS, OF THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Chapter 1, Animal Control, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Chapter 1, Animal Control, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: 5-1-1: ANIMALS AT LARGE: A. No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys, chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in front of any person's premises, without the consent of such person, nor shall any animal be permitted to be staked or tied out to graze in public streets, alleys or avenues of the city. B. Any animal found in violation of the provisions of any of the subsections of this section by a sanitary inspector, animal control officer or any police officer of the city, or any other person, may be apprehended and impounded with the city, or an alternate pound or shelter designated by the city. It shall be unlawful for any person employed by the city, or any person employed by or connected with the animal pound or shelter or any society or organization operating or maintaining such pound or shelter under lease or contract with the city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever, any animal impounded in such pound or shelter to any person, organization or research facility for the purpose of using such animal as food, unless such animal is of a type that is customarily used for food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such animal for medical experimentation is duly approved and authorized by the state to conduct such experimentation, or for any other purpose except for pets and related activities. Ordinance No. 5204 Page 2 C. The harboring of any animal requires that the following guidelines be followed: 1. All such species must be restrained upon the owner's property and penned (housed or stabled) in such a manner that the animals will not place any person in fear of attack. 2. All animals that are included in this section shall be required to have adequate space as so designated by the zoning ordinance according to the size and needs of the various animals, and each animal shall be so restrained in an area to allow proper exercise for the particular species involved. 3. When the owner restrains (harbors) any animal in an area not adjoining the owner's residence, the owner shall post his name, address and phone number at the place where the animal is being restrained (harbored). D. Any wild, nondomestic animals, reptiles or birds, in captivity in the metropolitan area of the city, except such animals that are within the city for the purposes of display by a show, act, carnival, zoo, circus or promotional agency, which are known to be dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of the city: the animal control officer, the police department and the humane society. If such animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional agency, then such group shall show adequate and ample restraints placed upon the animals as to protect the health and safety of the exposed public. If such animal becomes at large within the city and poses a threat to the public, it shall be assumed that the owner has given consent to eliminate the animal with the cost to be borne by the owner. The mayor, the animal control officer or any police officer may order the elimination of such animal. E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or impounded in accordance with the provisions of this chapter shall be liable to pay all costs of impoundment. The costs of impoundment shall include all feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable diseases, fees for sedation and special handling, and charges for reasonable medical services, equipment or supplies. In addition, the owner or caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for the first pick up which occurs in a calendar year and ten dollars ($10.00) per day for a holding fee. The pickup fee shall increase ten dollars ($10.00) for each additional pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in full at the time the animal is redeemed. Ordinance No. 5204 Page 3 5-1-2: SWINE PROHIBITED; EXCEPTIONS: A. No person shall keep or harbor any pigs or have any pig pens or pig sties within the city, except as follows: 1. Nothing contained in this section shall prevent the harboring and keeping of pigs and use of pig pens and sties in connection with a general farming operation on tracts of farmland of the size of forty (40) acres or greater. 2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties within the confines of any meatpacking plant where such pigs have been brought for butchering and processing. 3. Nothing herein contained shall prevent the keeping of pigs which are housed at the Sunrise Exchange Club Petting Zoo. B. The provisions of this section shall be subject to the provisions of this code and other ordinances of the city relating to nuisances. 5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS: A. The animal control officer, his agents or any police official shall be able to use a tranquilizer gun or any other drug to bring an animal at large under control. B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a threat or danger to the general public or to the city officer trying to bring the animal under control. C. If it becomes necessary for the animal control department or the police department to use a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be held responsible for any damage done to the animal by the use of the tranquilizer gun or other drugs. D. The owner of the animal that needs sedation to bring it under control shall pay for costs of the sedation and for the care and feeding while the animal is under control of the city or the humane society. 5-1-4: DISPOSAL OF DEAD ANIMALS: A person caring for or owning any animal that has died shall not allow the carcass to remain about his premises. Such carcass shall be disposed of within twenty four (24) hours after death. 5-1-5: TRAPPING RESTRICTIONS: No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any structure or building for the Ordinance No. 5204 Page 4 purpose of taking, killing, maiming, wounding, ensnaring or capturing an animal or which is injurious to persons or animals, except for the following: A. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or property; B. Licensed pest and rodent control persons in protection of private property; C. During the season allowed by the state conservation commission for taking of fur -bearing animals on parcels of land privately owned of forty (40) acres or more, or public land controlled by a governmental agency issuing such rights to trapping; D. Wire cage box traps may be used to remove nuisance pests from private property; said traps must be checked every twelve (12) hours; E. A private property owner on his private property in order to control small rodents, such as gophers, moles and other similar animals. 5-1-6: CRUELTY TO ANIMALS: No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are encouraged or made to perform through the use of chemical, electrical or mechanical means or devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or protection from the weather, or cruelly abandon the same, or shall commit any other act of omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or fowl, whether the acts or omissions herein contemplated be committed either maliciously, wilfully or negligently, and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor. 5-1-7: USE OF ANIMALS RESTRICTED: A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device, or displayed in any store, shop, carnival or other public place. B. Use As Advertising Devices: 1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or Ordinance No. 5204 Page 5 advertising device, in quantity of less than twelve (12) birds to an individual person unless sold by a person engaged in the business of selling chicks, ducklings and goslings for agricultural or wildlife purposes. 2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate water available to the birds at all times. 5-1-8: SANITARY CONDITIONS MAINTAINED: A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any dog, cat, horse or other animal to permit excrement or droppings from any of said animals to collect on the premises of said person causing odor or an unsanitary condition. Each owner, caretaker or person in charge of an animal shall prevent said animal from interfering with any neighboring residents' peaceful and quiet enjoyment of their property. B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible any excrement or droppings deposited by said dog, cat, horse or other animal on any real estate, whether privately owned or publicly owned, other than on the premises of the owner, caretaker or person in charge; provided, however, that the foregoing does not apply to excrement or droppings deposited by Waterloo police dogs or horses when police officers are using said dogs or horses for official police duties. C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning ordinance, and who intends to install a confined waste system shall conform to all of the following requirements: 1. The confined waste system container (hereinafter "container") shall have a maximum volume of two and thirty six -hundredths (2.36) cubic feet or seventeen and seventy two -hundredths (17.72) gallons. 2. The container shall be placed in an area of the property not normally occupied or used for play or recreation, and the container shall be buried so that the lid remains exposed. 3. The container remain closed shall have a waterproof lid that shall at all times. The lid may be removed only when animal excrement or added. The replaced. lid shall, droppings are deposited or thereafter, be immediately Ordinance No. 5204 Page 6 4. Lime or activated enzymes shall be added periodically to promote the continued decomposition of waste. 5. Enforcement of this subsection shall be by the Black Hawk County health department and/or the animal control officer, as designated by the city council. 5-1-9: ANIMALS BITING PERSONS: A. Duty to Report: It shall be the duty of the owner or caretaker of any dog, cat or any other animal which has bitten or attacked a person, or of any person having knowledge of such bite or attack, to report this act to the health department, police department or animal control. It shall be the duty of physicians or veterinarians to report to the health department the existence of any animal known or suspected to be suffering from rabies. B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in section 5-1-1(E) must be paid in full. 5-1-10: NOISY OR ANNOYING ANIMALS: It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the unreasonable annoyance of others. After the first written warning, residents of at least three (3) neighboring households must sign a citation or a petition. If the party charged pleads not guilty, the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or other animal shall constitute in evidence a prima facie presumption of permission of the owner in any proceedings charging any violation of this subsection. 5-1-11: CHRONIC VIOLATORS: A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, Ordinance No. 5204 Page 7 and said person shall be charged a nuisance service fee of $50.00 per hour per officer for subsequent responses involving the same person or his or her household. Any fraction of an hour is tabulated as a complete hour. B. Written notice that a person is a chronic violator of this chapter shall be directed to such person, and such notice is appealable to the city council as set forth in section 5-1- 12. C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. 5-1-12: ADMINISTRATIVE PROCEDURES: A. Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have been delivered at the time of personal delivery, three (3) business days after the date of mailing, or one (1) business day after posting. B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty-five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the State of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: 1. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. Ordinance No. 5204 Page 8 2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. 5-1-13: ENFORCEMENT: A. In addition to any police officer of this city, animal control officers shall have police powers in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of his or her powers. For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had the proper rabies vaccination tag. B If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5) days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. Ordinance No. 5204 Page 9 5-1-14: DEFINITIONS: For purposes of this chapter, including each article under this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: ANIMAL CONTROL: The city department and its officers that have been appointed by the city council to enforce the animal control ordinances of the city, or another governmental agency or private party which the city. council has appointed by contract for such purpose. AT LARGE: An animal is at large if it is found within the city off the premises of its owner or caretaker, however, an animal will not be deemed at large if: 1. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter. 2. It is under the control of authorized public safety personnel. 3. It is under the control of a professional handler for special events including, but not limited to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal -assisted therapy. In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be deemed at large if (i) it is restrained by a rope, leash, cord, chain, or restraining device not more than four (4) feet in length, or is properly restrained within a motor vehicle or trailer, or (ii) it is within the fenced boundaries of an area designated by the city as a dog park and the owner or caretaker is present. CARETAKER: Any person having possession of an animal, for a period of more than six hours for any purpose, where the person in possession does not own the animal, other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate family who resides in the same household as the owner. OWNER: Any person owning, keeping or harboring an animal or fowl. Ordinance No. 5204 Page 10 ARTICLE A 5-lA-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 shall apply to the provisions of this article, to the extent applicable. ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container. ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any interval. ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with the city. BOARDING KENNEL: A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration. COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both, for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder. COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or cats, or both, and may or may not render boarding services in return for a consideration. DEALER: Any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged. HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or enclosures. KENNEL: An area of private property that is sheltered where dogs or cats are kept under constant restraint. OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal kept Ordinance No. 5204 Page 11 outdoors to protect themselves from the direct rays of the sun. B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. C. Shelter From Cold Weather: Shelter may be provided for all dogs or cats and any animals kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the living area of the dog or cat or other animal. PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate animal is sold, exchanged or offered for sale to the general public. PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment. RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of, living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals. TRANQUILIZE: To temporarily sedate any animal for gaining control. 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats, six (6) months old or older, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each year apply to the city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after January 1, and at any time, for a dog or cat which has come into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date. C. Form Of Application: Subject application shall be in writing on blanks provided by the city clerk, and shall state the Ordinance No. 5204 Page 12 breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee shall be five dollars ($5.00) for each dog or cat that has been spayed or neutered, otherwise the annual license fee shall be twenty-five dollars ($25.00) for each dog or cat, if paid by March 31 or within ninety (90) days after the date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B above. Any fee not paid by the due date shall increase to ten dollars ($10.00) and fifty dollars ($50.00), respectively. 2. Duplicate licenses shall be issued at a cost of five dollars ($5.00). 3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid license issued by the State of Iowa that allows the keeping of such animals 4. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including but not limited to the obtaining of rabies vaccination and license tag, even if the license fee has been waived. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire on January 1 of the year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the city clerk by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. Ordinance No. 5204 Page 13 H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the year in which they are due and payable, and a penalty shall be added to each unpaid license on or after said date in the like amount of the annual license fee as hereinbefore set out in subsection D of this section. 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. 5-1A-5: LICENSE TAGS: A. Required: The city clerk shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. 5-1A-6: PROHIBITED ACTS AND CONDITIONS: A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at Ordinance No. 5204 Page 14 large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1B-9, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense. B. Dogs Or Cats Attacking, Causing Damage Or Injury: 1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to attack persons or domestic animals or to destroy property, or to permit such dog or cat to place persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said dog or cat did attack persons or domestic animals, destroy property, or place persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner or caretaker in any proceeding charging violation of this subsection. 2. Animal control shall have discretion about whether to charge a violation of this subsection, depending on the particular circumstances and whether the animal constitutes a risk of attacking again, and in exercising such discretion animal control may be aided by the professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to charge a violation concerning a dog, then animal control will classify the dog as potentially dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written notice of same to the owner or caretaker. 3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may be seized and the owner or caretaker will be guilty of a municipal infraction. C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his or her presence so that the said female dog or cat cannot come into contact with another animal except for planned breeding. D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large without a collar, license tag, or imbedded ownership chip, except for a person who does so Ordinance No. 5204 Page 15 as an authorized participant in a city -sponsored program to trap, neuter and release such cats. E. Litters: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the State of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with its litter that at any time exceeds two (2) offspring, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee of fifty dollars ($50.00). Animal control may seize the entire litter and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. 5-1A-7: KENNEL PREMISES; NONCONFORMING USE: Any premises declared by this article to be a kennel that is not located in a properly zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended, reconstructed, substituted or structurally altered except when required by law, nor shall the number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned or kept on a premises declared by this article to be a kennel, dies or is sold or is given away, said dog or cat shall not be replaced until such time as the use of said premises is no longer a kennel and a nonconforming use as defined by this section. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. 5-1A-8: MUNICIPAL POUND: A. City May Establish: The city may establish and maintain a municipal animal pound or shelter to be conducted and operated by the city. It shall be the duty of the authorized persons appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to provide adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary. B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the city may contract with any, incorporated society or association for the prevention of cruelty to animals for the collection and protection of licensed or unlicensed dogs, cats and other animals, for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other animals "at large" as herein defined, for the destruction or other disposition of seized dogs or cats, or other animals, not redeemed as provided by this article, for Ordinance No. 5204 Page 16 the disposal of dead animals, and to assist in the collection of licenses upon dogs and cats. 5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION: A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Permanent Identification: Each dog apprehended after being found at large, and each dog confined pursuant to section 5- 1-9(B), shall be assigned a registration number by animal control. If a registration number has not previously been affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large must have the animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of same to animal control within ten (10) days after the procedure. If the owner or caretaker fails to spay or neuter the animal, then animal control may seize it and, in appropriate circumstances as determined by animal control, the animal may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees and charges as set forth in section 5-1-1(E) within the applicable time allowed by this chapter or by order of animal control or the city council. 5-1A-10: VIOLATION; PENALTY: Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. Ordinance No. 5204 Page 17 ARTICLE B 5-1B-1: DEFINITIONS: As used in this article, unless the the following words and phrases respectively ascribed to them words and phrases defined apply to the provisions applicable. DANGEROUS ANIMAL: context indicates otherwise, shall have the meanings section. In addition, the in this in sections 5-1-14 and 5-1A-1 shall of this article, to the extent A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so. B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals or species of animals shall be deemed dangerous per se: 1. All felids, except Felis domestica (domestic cats). 2. All ursids (bears). 3. All canids, except Canis familiaris (dogs). 4. All nonhuman primates. 5. All crocodilians. 6. All venomous and constricting snakes. 7. All venomous reptiles. 8. All venomous arachnids. 9. All mustelids, except domestic ferrets. D. In addition to the exceptions stated in subsection C of this definition, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements: 1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas. 2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited to corn snakes, king Ordinance No. 5204 Page 18 snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons. 3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats. DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury not severe enough to result in a broken bone or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a dangerous dog in the following circumstances: 1. Where the dog is used by a law enforcement official for approved law enforcement purposes. 2. Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog was properly confined or tethered as required by this chapter. 3. Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or caretaker of the dog, or by a person who was attacking the owner or caretaker of the dog. 4. Where the threat or injury was sustained by a person due to the person torturing, tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or by a person in the process of treating or rendering aid to a previously injured animal. 5. Where the dog was protecting itself or its young. 6. Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog. GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. POTENTIALLY DANGEROUS DOG: Any dog with a tendency or disposition to bite or attack unprovoked, to otherwise endanger the safety of humans or other domestic animals, or that chases or approaches a person or other domestic animal without Ordinance No. 5204 Page 19 provocation while off its owner's or caretaker's property in a menacing fashioning or apparent attitude of attack, if the owner of such dog is convicted or pleads guilty, no contest, or the equivalent to a violation of 5 -1A -6(B) based on fear of attack or injury. REGULATED DOG: Any dog that is a potentially dangerous dog, dangerous dog, or vicious dog as defined by this article. VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury that results in one or more broken bones or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Any dog that kills a person or other domestic animal without provocation while off the property of its owner or caretaker. C. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a vicious dog under the same circumstances in which a dog would not be deemed a dangerous dog as set forth under the definition of a dangerous dog. 5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS: A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined in this article, except as provided in subsection B of this section or in section 5-1B-3. B. The prohibition contained in subsection A of this section shall not apply to the secure keeping of dangerous animals in the following circumstances: 1. In a bona fide, licensed veterinary hospital for treatment. 2. Under the jurisdiction of and in the possession of the natural resources commission, pursuant to Iowa Code chapters 481A and 481B. 3. At the Cedar Bend Humane Society. 4. In a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for public viewing or for purposes of research, study or instruction. 5. For purposes of bona fide religious practice or ritual. 6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. Ordinance No. 5204 Page 20 5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS: A. Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5 -1B -2(B) shall report such fact, in writing, to the animal control officer, together with the following information: 1. The species name of each animal; 2. The number of such animals of each such species kept on the premises; 3. A physical description of each such animal, including any pet names to which it might respond; 4. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept; 5. In the case of poisonous dangerous animals, the location of the nearest source of antivenom for that species; and 6. The specific purpose for which the animal is kept and any use that will be made of the animal. B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure. C. Poisonous Animals; Antivenom Kept: Every person owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and current at all times. D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right of way or other property of another, except when such animal is being transported while caged or confined. E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control immediately in the event that a dangerous animal has escaped and is at large. F. At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, Ordinance No. 5204 Page 21 nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction. G. Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity. H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection G of this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. 5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS: A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D.2 and sections 5-1B-5 or 5-1B-7 of this article. Any individual on this registry is subject to the restrictions on ownership found in this article, regardless of whether the individual changes addresses or moves to a different residence. An individual will be in violation hereof if the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else occupying the residence. C. Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time Ordinance No. 5204 Page 22 as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity. D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the animal, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. 5-1B-5: REGULATED DOGS: A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a regulated dog as defined in section 5-1B-1 of this article, except as expressly permitted by this article. C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to its destruction. D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a regulated dog as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the Ordinance No. 5204 Page 23 city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-1B-7. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog, as set forth in section 5- 1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. F. Permanent Identification Required: A dog found to be a potentially dangerous dog, dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any Ordinance No. 5204 Page 24 other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. 5-1B-6: GUARD DOGS: The prohibition contained in this article shall not apply to keeping of guard dogs; provided, however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one (1) guard dog is permitted for each residential premises and two (2) guard dogs for each non-residential premises. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import, and the owner or caretaker of such premises shall inform animal control and the police department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or caretaker's responsibility to notify animal control immediately when a guard dog has escaped and is running at large. The provisions of subsections A through F, H and I of section 5-1B-7 shall apply to the registration of guard dogs. 5-1B-7: REGISTRATION OF REGULATED DOGS: A. Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection O. Ordinance No. 5204 Page 25 Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation punishable by a civil penalty of two hundred dollars ($200.00). In addition, the registration fee will be increased to one hundred dollars ($100.00) and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in section 5-1- 1(E), and destruction of the dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter. B. Registration Form: An owner or caretaker of a dog determined to be potentially dangerous, dangerous or vicious by animal control must execute a registration form with animal control which includes the following information: 1. Name, address, and telephone number of the owner or caretaker, including proof that the owner or caretaker is over the age of eighteen (18) years; 2. Name and detailed physical description of the regulated dog 3. A photograph of the dog taken by animal control 4. Registration number assigned by animal control to the dog; 5. Veterinarian information for the dog; 6. Proof of a current rabies vaccination number and expiration date (a copy of which must be retained by animal control); 7. City license number (a copy of which must be retained by animal control); 8. Microchip or tattoo number as provided by subsection D of this section; 9. Detailed description of the incident or incidents leading animal control to classify the dog as regulated; and Ordinance No. 5204 Page 26 10. Sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out) . C. Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee of fifty dollars ($50.00) to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. D. Permanent Identification: The registration number assigned by animal control under this section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant's expense. No person shall remove or alter such identification once it is affixed. E. Issuance Of Registration Certificate: If all requirements of this section are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the regulated dog within city limits. F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has previously been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2, who has been convicted of a violation of section 5-1B-5 of this article, or who has pled guilty, no contest, or the equivalent with respect to any such offense or violation, shall not be permitted to register a dog under this section. G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter providing services in such capacity. H. Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee of fifty dollars ($50.00), provides proof of current insurance, and updates any registration information previously provided. I. Additional Notification Responsibilities: Ordinance No. 5204 Page 27 1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being. 2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours of the dog's death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to animal control. 3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours if the dog has been sold, relocated or given away and shall provide animal control with the name, address, and telephone number of the new owner or caretaker of the dog. 4. An owner or caretaker of a regulated dog must notify animal control of any change of address within fourteen (14) days after the change. J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. K. Conditional Removal Of Registration Requirement: If, within three (3) years of registration as a potentially dangerous dog, there have been no further incidents that satisfy the standards for such dog to be deemed potentially dangerous, the dog's registration requirement may be reviewed by animal control upon the owner's request. If animal control chooses to lift the registration requirement, the dog in question may still be declared potentially dangerous, dangerous or vicious at any future date if it meets the standards for classification as such. In the event that animal control chooses to maintain the registration requirement for the dog, such decision shall be appealable to the city council. L. Automatic Enhancement of Regulated Status: After registration as a potentially dangerous dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog at least two (2) times within any consecutive twelve (12) month period, such dog will automatically be deemed a dangerous dog and be subject to section 5-1B-5 of this article. If a dog has been Ordinance No. 5204 Page 28 registered as a potentially dangerous dog or a dangerous dog and at any time thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1B-5 of this article. M. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a notice or order issued by the animal control officer pursuant to this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the notice or order, the owner must complete the registration process pursuant to this section within seven (7) days of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions set forth in subsection A of this section and in section 5-1B- 12. 5-1B-8: TETHERING OF DOGS: A. A dog may be restrained outdoors by tether, only on the property of the owner or caretaker of the dog, and only under the following conditions: 1. No tether may be attached to a fixed object unless the tether is so placed or attached that it cannot become entangled with another animal or object, and cannot extend over an object or edge that could result in strangulation of or injury to the animal, and shall be of sufficient length in proportion to the size of the animal, but no less than 10 feet in length, to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. Such tethering shall be so located so as not to allow such animal to trespass on public property or upon private property belonging to others, nor in such manner as to cause harm or danger to persons, the tethered animal, or other animals. 2. The tether shall not weigh more than one-eighth of the animal's body weight. Chains may not be used as tethers. 3. The tether must be attached to a properly fitting collar or harness worn by the animal. Choke or prong collars are prohibited. The tether must have a swivel at both ends. 4. No animal may be restrained by tether for more than 8 hours in a 24-hour period. When the temperature falls below 30 degrees Fahrenheit, with wind chill factor applied, or when the heat index is at least 85 degrees, no animal may be restrained outdoors by tethering for more than 15 minutes without access to adequate feed, Ordinance No. 5204 Page 29 adequate water, and an outdoor facility that provides adequate protection from the elements. In any circumstances, a tethered animal must have access to an outdoor facility that provides adequate protection from the elements. 5-1B-9: DOG ATTACKS: In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in section 5-1-1(E) and all costs incident to destruction of the dog. 5-1B-10: IRRESPONSIBLE DOG OWNERS: A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a 12 -month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. A person designated as an irresponsible dog owner who is not convicted or does not plead to a further violation of this article for a period of thirty-six (36) months may apply to animal control to have the designation removed. The decision of animal control is appealable to the city council according to the appeal procedures set forth in section 5-1- 12. 5-1B-11: LANDLORD LIABILITY: A. A landlord or its property manager that knowingly permits a tenant or occupant of its property to possess a dog in violation of sections 5-1B-4, 5-1B-5 or 5-1B-10 shall be guilty of a municipal infraction. B. A landlord or its property manager shall not be guilty of a violation of subsection A if it takes prompt action to notify the tenant or occupant that the dog must be Ordinance No. 5204 Page 30 permanently removed from the property within seven (7) days of notice as set forth in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or occupant if the violation is not remedied. C. Whenever animal control or the city clerk issues a notice, order or decision in connection with a violation of sections 5-1B-4, 5-1B-5 or 5-1B-10 to a person who is not the owner of the property, a copy of said notice, order or decision shall also be sent to the property owner at the tax statement address shown in the records of the county auditor. The failure of animal control or the city clerk to issue a copy of any notice, order or decision to the property owner, or the failure of the property owner to receive same, shall not be a defense to any violation of subsection A. 5-1B-12: ENFORCEMENT: A. Failure To Comply: 1. Except as set forth in section 5 -1B -7(A), if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order. 2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: (a) identifying information for the animal or dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in section 5-1-1(E), before the dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner. 3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner. Ordinance No. 5204 Page 31 4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Penalties: 1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute a municipal infraction. 2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 24, 2014 February 24, 2014 March 3, 2014 March 10, 2014 PASSED AND ADOPTED this 10th day of March, 2014. ATTEST: Suzy Shares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5204 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 10th day of March, 2014. 2014. Witness my hand and seal of office this 10th day of March, SEAL Suzy .chares, CMC City Clerk k a CITY OF WATERLOO Council Communication Council Meeting: March 10, 2014 Prepared: February 27, 2014 Dept. Head Signatureq # of Attachments: SUBJECT: Purchase of a seven (7) 12 -Lead Cardiac Monitors Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Preliminarily approve the plan, specification, etc. and taking of bids and set the date of hearing and bid opening as April 28, 2014. Summary Statement: Waterloo Fire Rescue has received a $150,000.00 grant from the Black Hawk Gaming Association to assist with the purchase of these cardiac monitors. Our current monitors are 10 years old and are in need of replacement. Expenditure Required: TBD Source of Funds: Grant/412.12.1410.2117 Policy Issue Alternative Background Information: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-178 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF SEVEN (7) 12 -LEAD CARDIAC MONITORS. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Chief of Fire Services of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors, in the City of Waterloo, Iowa, and WHEREAS, said Chief of Fire Services did file said specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 10th day of March, 2014. ATTEST: Suzy Scha e City Cler Suzy Scha es, CMC City Cler cD .-fc,,,,, Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-179 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE PURCHASE OF SEVEN (7) 12 -LEAD CARDIAC MONITORS, IN THE CITY OF WATERLOO AS APRIL 28, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER AT THE WATERLOO CENTER FOR THE ARTS, 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 in the Law Court Theater at the Waterloo Center for the Arts in the City of Waterloo, Iowa, at 5:30 p.m. on the 28th day of April, 2014, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc., in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors, 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 10th day of March, 2014. nest G. Clark, Mayor ATTEST: Suzy Schares, CMC City ClerK CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: February 27, 2014 Dept. Head Signature: # of Attachments: ciL SUBJECT: Waterloo Public Library New Security Camera System Submitted by: Craig Clark - Building Official/Maintenance Administrator Recommend City Council Action: to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with the Waterloo Public Library New Security Camera System, be received, placed on file and approved. that specifications, form of contract, etc. in conjunction with the Waterloo Public New Security Camera System be received and placed on file that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with the above described project", be adopted. that "Resolution setting date of hearing on specifications, form of contract, etc. and bid opening as lbiarci-4, 2014 at 5:30 p.m. in the Waterloo Center for the Arts, Law Court Theater on the above described project", be adopted and City Clerk instructed to publish notice of same. Summary Statement: Expenditure Required 410-22-3100-2152 Source of Funds Background Information: This is a new security camera system for the Waterloo Public Library which will provide additional security assistance within the premises. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-180 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE WATERLOO PUBLIC LIBRARY NEW SECURITY CAMERA SYSTEM. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Building Official/Maintenance Administrator of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Waterloo Public Library New Security Camera System, in the City of Waterloo, Iowa, and WHEREAS, said Building Official/Maintenance Administrator did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Waterloo Public Library New Security Camera System. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Waterloo Public Library New Security Camera System, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 10th day of March, 2014. rnest G. Clar ATTEST: Suzy Scares, CMC City Clerk , Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-181 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE WATERLOO PUBLIC LIBRARY NEW SECURITY CAMERA SYSTEM, IN THE CITY OF WATERLOO AS APRIL 7, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER AT THE WATERLOO CENTER FOR THE ARTS, 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 in the Law Court Theater at the Waterloo Center for the Arts in the City of Waterloo, Iowa, at 5:30 p.m. on the 7th day of April, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the Waterloo Public Library New Security Camera System, 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 10th day of March, 2014. ATTEST: Suzy Schar' City Clerk s, CMC �-O Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: March 5, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Change Order #1 Waterloo Public Library - New Security Camera System Submitted by: Craig Clark - Building Official/Maintenance Administrator Recommended City Council Action: Approve recommendation of Change Order #1 for a net increase in the amount of $1,800.00 to Modus of Waterloo, Iowa, in conjunction with the Waterloo Public Library New Security Camera System project. Summary Statement: This increase is for additional work of adding 10 cameras, network switches and data cabling. Expenditure Required: Base Bid: $ 5,200.00 Change Order #1 $ 1,800.00 Total $ 7,000.00 Source of Funds 410-22-3100-2152 Background Information: CRAIG CLARK From: Michael Brocka <MBrocka@modus-eng.com> Sent: Friday, February 21, 2014 2:29 PM To: CRAIG CLARK Cc: Ryan Vestal Subject: RE: Waterloo PL Security Camera RFP Prep Craig Ryan and I went through the project which includes the changes that Mike requested. At this point, our cost opinion is around $90,000. We went back and reviewed the original quote with RC Systems and found the following differences. Network switches were furnished and installed by owner. We were planning to include in project All conduit installation and data cabling was by owner. We were planning to include in project The NVR has been upgraded for length of video retention and playback 10 cameras have been added to the project With this additional work, I wanted to request an additional fee of $1,800. Do you want to send the project to only RC Systems and Hawkeye Alarm or do you need a third quote? If so, I was thinking of CEC. Give me a call on my cell phone (269.2906) to discuss. Hopefully we can touch base before our 10:00 meeting Monday. Thanks Mike CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waterloo Fire Rescue Today's Date: Effective Date: Employment Date: Job Title/Classification 10 Year Fire Engineer This is to report that the employment of Mark M. Olson with the City of Waterloo has been severed by reason of: 10,2413' '7A9 t 14313 Lc, 4- 90513 O Retired Disability Related O No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate I Total Payout Vacation -Accrued 46.55 $ 22.35 $ 1,040.39 Vacation -Current 72 $ 22.35 $ 1,609.20 Usable Sick Leave 56.25 $ 21.78 $ 1,225.13 Frozen Sick Leave 462 $ 28.86 (x) 60% $ 7,999.99 Personal Hours 7.76 $ 21.78 $ 169.01 Comp Time Pay 19.5 $ 21.78 $ 424.71 Unscheduled Leave $ - Holiday 16 $ 21.78 $ 348.48 Tota Payment $ 12,816.91 Approved by Human Resources t Date Date 3-171--/V Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals 0 Status 01-9 Updated 6/28/11 CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. January 13, 2014 1st Floor Conference Room — City Hall Members Present: Member Absent: Others Present: Bonetta Culp, John Blitsch, Tim Luce Abraham Funchess (ex officio) Mark Rice, Cheryl Huddleston Moved by Blitsch, seconded by Culp to approve the January 13, 2014 Agenda. Motion carried. Moved by Culp, seconded by Blitsch to approve the November 22, 2013 Minutes. Motion carried UNFINISHED BUSINESS The Civil Service List for Mechanic — Street Department was presented for approval. The Human Resources Committee approved beginning the Civil Service process on 9/23/13 and the Civil Service Commission approved the job description and testing criteria on 10/25/13. There is a vacancy due to the retirement of the Mechanic/Welder and the decision was made to replace the position with a Mechanic. The position was advertised in the Courier, posted on the City website and cable channel and a notice sent to the agencies, organizations and individuals on the Affirmative Action list and in all City departments. We received 10 resumes and 7 candidates were invited to interview. Tony Pauley from the Street Department, Rick Curran from Waste Management and Cheryl Huddleston from Human Resources conducted the interviews. One candidate cancelled his interview and three did not score high enough to pass the interview. The Civil Service List has 3 white males. Moved by Luce, seconded by Blitsch: We, the members of the Civil Service Commission, cert' the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Mechanic for the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next year (January 13, 2014 — January 12, 2015). CERTIFIED LIST Kent Flege Michael Cizek Brian Delagardelle Motion carried. Updates Equipment Operator II -Street Dept Approved by Civil Service on 11/22/13 and by Human Resources Committee on 12/9/13; advertised in the Courier, on the City website and cable channel, a notice was sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City Departments; received 31 resumes and will begin reviewing soon and scheduling testing. NEW BUSINESS The job description and testing criteria for Graphic Designer/Digital Arts Manager - Culture & Arts was presented for approval. The position was approved by the Human Resources Committee on 12/9/13. There is a vacancy due to a promotion. This is a completely revised job description. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Graphic Designer/Digital Arts Manager - Culture & Arts. Motion carried. The job description and testing criteria for Preparator/Technician - Culture & Arts was presented for approval. The position was approved by the Human Resources Committee on 12/9/13. There is a vacancy due to a termination. This is a completely revised job description. Moved by Culp, seconded by Blitsch to approve the job description and testing criteria for Preparator\Technician - Culture & Arts. Motion carried. OTHER BUSINESS The presentation by the Fire Chief on an Assessment Center for promotions will be rescheduled. With no further business, moved by Blitsch, seconded by Culp to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday January 28, 2014 I. ROLL CALL Chairperson, Bob Justis, declared a quorum and called the meeting to order at 1:10 pm. Board members present were: Bob Justis, Christa Miehe, Chris Harshbarger and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Tim Johnson, ATCT Chief; Councilman Steve Schmitt; Larry Ticknor and Sheila Combs, Airport Administration. John DeCoster and Dan Benzon, Trillion Aviation consultants, participated via phone. Absent: Lou Porter, Dee Vandeventer, Aaron Buzza and Councilman Tom Lind. II. AGENDA AS RECEIVED OR AMENDED. The agenda was reviewed. Harshbarger moved to add Discussion of Deicer breakdown to the agenda; "d 2by Miehe; Ayes: 4. Motion passed. III. PUBLIC COMMENTS. None. IV. REPORTS. A. Justis reviewed the current situation with the deicer truck, which belongs to the airport, and broke down on January 16th. It needs a new motor, which has been ordered, but may not be received for another 2-3 weeks. The airport has an agreement with Delta Global Services which covers the usage of the deicer but the airport is not required to provide a deicer for the airline. The airline feels that point is up for discussion. Livingston Aviation has a deicer they have been using, with the capability to spray Type I deicer fluid but not Type IV, which is needed during a winter precipitation event. American has been cancelling flights any time there is snow in the forecast. Steve Wareham has been working with the American Airlines manager at MSP trying to get an extra deicer truck they have shipped here for use but we are not getting the information we need in order to line up a trucking company to haul the deicer down here. DeCoster will contact MSP as Wareham is currently on vacation out of the country. Justis pointed out that there are hundreds of people scheduled to arrive in Waterloo later this week for a conference and we want have the backup truck here to make sure AA does not cancel the scheduled flights due to snow in the forecast. Ticknor stated that the vendor said we should receive the motor within a week. B. Director's Report — DeCoster reviewed Wareham's written report, which includes information about the deicer; states that our new Director of Aviation, Michael Wilson, will start February 18th. Because of this the contract with Trillion Aviation will modify from providing interim director services to assisting with Wilson's transition and strategic guidance, the contract also provides for Air Service and ad hoc business services; Wareham would like to recognize the diligent efforts of the ALO Maintenance staff in dealing with the very cold weather and numerous snow events; planning is underway for the FAA -required triennial emergency drill, scheduled for June 18, 2014; the preliminary FY15 budget has been submitted to the city and will be reviewed with Mayor Clark and Michelle Weidner on February 6, 2014; pending Board approval, a recommendation has been prepared for City Council to extend the airport consulting agreement with AECOM for another five years, they have served admirably over the years and have Wareham's strong support. Harshbarger moved that this report be received and placed on file; 2nd by Miehe; Ayes: 4. Motion passed. DeCoster reviewed the monthly airport reports: YTD budget shows revenues up and expenses down; fares look very good; On -Time Performance was reviewed and DeCoster pointed out that 78% of the flights for CY2013 were on-time or delayed less than 15 minutes; enplanements were up slightly for CY13 over CY12; load factors for December were up 8% for arrivals and flat for departures. V. BOARD APPROVAL C. Approval of Minutes of December 10, 2013 Regular Meeting. Minutes of the December 10, 2013 meeting were reviewed. Motion to approve, Harshbarger; 2nd, Field; Ayes: 4. Motion passed. D. Motion to Receive and File December 2013 Expenses. All operating and capital expenses were reviewed. Motion to receive and file, Harshbarger; 2nd, Miehe; Ayes: 4. Motion passed. E. Approval of Trillion Aviation Agreement, January 1, 2014 — June 30, 2014. Benzon reviewed contract, explaining that it was designed with a step-down as our new Director begins in February. Trillion will assist him in transitioning in and then will step back and provide only Air Service consulting in April, May and June; part of the fees will be reimbursed under the IDOT Air Service Grant. Miehe moved that this item be removed from the Approval Agenda as the contract has already been signed and executed by Mayor Clark; 2nd by Harshbarger; Ayes: 4. Motion passed. F. Approval of Selection of AECOM as Airport Consultant. AECOM was the only bidder in response to our RFP, but they submitted a very complete and professional proposal and are highly recommended by ALO staff. Motion to approve, Harshbarger; 2nd, Miehe; Ayes: 4. Motion passed. VI. OLD BUSINESS None. VII. NEW BUSINESS Justis read an article stating that Great Lakes (Delta) has suspended service to Mason City due to increased federal restrictions, creating a pilot shortage. He asked for input on whether this would an opportunity for ALO to pick up extra passengers by advertising in the Mason City area. DeCoster offered to contact the Mason City Director. Ticknor mentioned that he knows maintenance staff there and could call to see if they have a deicer we could rent. Questions were raised about the actual authority of the Airport Board. There should be a city ordinance covering this. Combs will check with City Clerk. Copies of the Airline lease and Deicer agreement were also requested by the Board. V. ADJOURNMENT Hearing no objections, Justis adjourned the meeting at 2:10 pm. Respectfully submitted, An Equal Opportunity/Affirmative Action Employer O A O A \ :suoi}OnuSsui leloads / 2 / Ni � e ea aolonul CO I. Z -00£9 -LO -80b 0 7.7/ > 3 q uOi4dUOsaa uognq!JTsla 1/0 > m O 2 gO §/ - /. § \• 0 g. k§ s e 171.OZ `9Z LuenJgad uossola aulined Aq paiedaJd 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 ACOM Invoice To: Mr. Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoice Date: February 20, 2014 Project Number: 60314839 Invoice No: 37419001 Your Authorization: Professional Service Agreement Dated January 13, 2014 cuHighway 63 Storm Sewer Outfall Review tlets to Cedar River - North and South Side of River Waterloo, Iowa Progress Billing: Project Start through February 14, 2014 Classification Hours Amount Senior Professional 3.50 Project Professional 1.00 Staff Professional 56.00 Professional 107.00 CAD/GIS Operator 0.00 Senior Technician 0.00 Technician 0.00 Project Support 0.50 Direct Expenses Total Costs to Date Less Previous Billing TOTAL AMOUNT DUE $759.22 $160.98 $6,496.00 $8,849.41 $0.00 $0.00 $0.00 $38.66 $0.00 $16,304.27 V 0.00 $16,304.27 ?ctfl Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 An Equal Opportunity/Affirmative Action Employer :A9 pano,iddy 0 v CD :suopnalsul leloedg --1 0 n) 03 N 01 CJ.) £i78 'oN }oaquo3 01. # 4s3 W A CD 00 Cr O —� N 3 -' o o v o C) 0 N N' 00 N v ^ C3 (Ai o w D m 0 m C- ✓ o n. cn o' .14 01 0 0 N 0 w CO 6Z -009L -L0 -06Z ate0 aolonul * * * uo!Tnqu sia -/J O < `< Q s ,' D Q. O n N 3(D 01 (i) co N � • O 7 • Q C) 2.D" 0_ < m D c CD cn o" 00 -. D V 0 CD CD' � 0 • 0n O yQ O. CD 5 CD 5' cQ CD CD (D Q 07 1760Z '9Z i1erugad i(q paiedaid sJegonoA -0 n m0 zm O -I cm O Z7 • r mO 700 D 0 w CO 0 o - CD A N Ament DESIGN COST PLUS FIXED FEE PROGRESSIVE INVOICE February 12, 2014 Invoice No: 24157 Client Project No: STP -U-8155(731)--70-07 Invoice Period Covered 12/28/13 - 01/31/14 County: Black Hawk Consultant Job No. G00412.10 / Tasks Client Project Description Kimball Avenue Trans - 001 -002 portation Improvements Project - from 500' S of Tower Park Dr to Acadia St Client Contract No: Contract Cumulative Current Estimate To Date Period Labor Dollars 92,241.00 111,328.49 4,893.08 Overhead 173,442.00 208,940.63 9,200.46 Overhead Adjustments 0.00 0.00 Direct Expenses Reimbursed Vehicle Mileage 661.00 731.27 4.48 Printing 2,250.00 1,614.40 0.00 GPS/Total Station 0.00 0.00 0.00 Postage 454.00 264.21 1.21 Miscellaneous 0.00 0.00 0.00 Lodging 0.00 0.00 0.00 Meals 0.00 0.00 0.00 Ground -Based LiDAR 12,000.00 0.00 0.00 Subconsultants (including authorized contingency) 128,273.00 Terracon Consultants (C+FF) 16,077.00 0.00 Robinson Engineering (C+FF) 31,567.00 30,262.42 0.00 Earth View Environmental (LS) 7,144.00 6,714.60 0.00 Morning Star Studio (C+FF) 1,711.00 1,711.00 1,711.00 Tallgrass Historians (SR) 6,132.00 5,315.50 0.00 HDR Engineering (C+FF) 65,642.00 54,459.57 1,622.63 Subtotal 409,321.00 421,342.09 17,432.86 Fixed Fee 31,882.00 31,563.18 939.67 Authorized Contingency 42,774.00 Total Amount Authorized 483,977.00 Total Billed to Date 452,905.27 452,905.27 18,372.53 Remaining Authorized Balance 31,071.73 //�� A Unauthorized Contingency * /� Labor Hours 3,400.00 4,116.45 204.60 ift4 Prime (Ament, Inc.) 0.00/ 1 Je compensation below the classification rate extend beyond the employee's one hundred twenty (120) day probationary period, or such time as the probationary period may be extended by agreement of the parties. Temporary employees may, upon recommendation of the department head, receive credit for time worked as a temporary employee against their required probationary period and status. 4.05 PROBATIONARY EMPLOYEE - EVALUATION The City hereby agrees all probationary employees shall be evaluated, periodically, during their probationary period. In the event that the probationary period for an employee is extended by agreement of the parties, the evaluations shall continue to be made until the probationary period shall have been ended. ARTICLE V - TRANSFER & VOLUNTARY DEMOTION PROCEDURE A vacant position, under this contract shall be posted for a period of five (5) calendar days in the appropriate departments. During this five (5) day period an employee, covered by this bargaining agreement, may request a voluntary demotion within their department to a vacancy they have previously held or for which they possess the minimum qualifications, a lateral transfer within their department to a vacancy in the same classification, or a demotion or transfer, as defined above, to a vacant position under this contract in another department. An employee requesting a transfer or demotion must notify the Human Resources Department during the five (5) working day period. The department head shall interview applicants utilizing the following criteria: A. Departmental Seniority B. City Seniority C. Ability D. Aptitude E. Work Record If all of these factors are reasonably equal, the senior applicant will be considered for the vacancy. If the department head rejects an applicant, he/she must justify the reasons in writing. An employee appointed to the position shall be given a thirty (30) calendar day trial period. During or at the end of the trial period, if the department head determines that an employee's performance has not been acceptable, the employee will rotate back to their previous position and the position will be filled from either an open or promotional Civil Service List. The employee shall have the right to elect to revert back to the position previously held during the thirty (30) calendar day trial period. ARTICLE VI - REDUCTION IN FORCE 6.01 REDUCTION & BUMPING PROCEDURES When reduction in force is necessary, for any reason, an employee who is given notice of layoff will be given the opportunity to replace the last hire in the affected classification or a lower classification, as provided in the Rules and Regulations of the Civil Service Commission of the City, and Chapter 400 of the Code of Iowa. The least senior employee in a classification, who is bumped from a Civil Service position, shall have the right to bump to a seasonal or temporary position, for which the employee possesses the minimum qualifications, in the departments under this contract, at the seasonal or temporary rate of pay and will maintain all rights under Chapter 400 and the Civil Service Rules for recall and rehire to their former permanent classification. However, the employee shall not continue to accrue contract benefits or seniority in the permanent classification while so employed as a seasonal or temporary employee. 6.02 NOTICE The employee has ten (10) calendar days from their receipt of the layoff notice to notify the Human Resources Department of their intention to displace another employee. An employee who displaces another employee will have thirty (30) calendar days to demonstrate their ability to perform the work or be laid off. 8