HomeMy WebLinkAboutCouncil Packet - 1/3/2023City of Waterloo
Finance Committee Preliminary Draft Invoice Report
Finance Committee Accounts Payable Open Invoice Report Total
As of Thursday, December 29, 2022
EFT Transactions:
3,673,883.75
Wellmark 153,761.51
3,827,645.26
Workers Compensation Issued by TPA October
Housing Authority Assistance EFT's
Housing Authority Assistance EFT's
Payroll
19,912.81
413,680.42
1,933,697.50
Bill Payment Total - Tuesday, Januaury 03, 2023
6,194,935.99
Payment to Council members or related entities:
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
Harold E. Getty Council Chambers
Tuesday, January 3, 2023
5:30 PM
CITY OF WATERLOO
COMMUNITYVISION PLAN
1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo,
and then leverage that pride to communicate the City's attributes to external audiences.
2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by
providing access to capital.
3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by
celebrating and connecting them with the community and region at large.
4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and
employers for mutual growth.
5. Crossroads Doubledown: Re -energize Crossroads Mall area into a sports/recreation themed
gravitational center.
6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future
generations, supporting and showcasing arts and cultural opportunities and creating an experience
like no other.
7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic
impact from year-round visitors.
8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as
a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community
for future generations. Waterloo is a Community of Opportunity, where everyone can prosper..
GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA
A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes. During the public comment
section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only
speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding
officer and addressed, if necessary, after the meeting.
13. Council members may speak during public comment portion of the agenda after the public has finished speaking.
C. Council members may speak during public comment portion of the agenda after the public has finished speaking.
Page 1 of 577
RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA
A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes. During
the public comment section of the agenda. The public shall not be required to pre -register to speak during
public comment. Individuals shall only speak on matters not listed on the regular session agenda for that
date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the
meeting.
B. Council members may speak during public comment portion of the agenda after the public has finished
speaking
C. City staff shall not be required to provide an immediate answer to a matter presented during a council
meeting unless it specifically pertains to an item on the agenda
RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS
Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of
three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public
hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the
viewpoint of the group.
RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS
At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when
the council discusses agenda items. This section does not apply to businesses or parties directly involved
in agenda items.
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Kelley Felchle, City Clerk
Agenda, as proposed or amended.
Minutes of December 19, 2022, Regular Session, as proposed.
Recognition of Waterloo Youth City Council
PUBLIC COMMENTS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not
require cities to allow public participation except during public hearings. The public may
speak during the public comment section of the agenda by following the rules listed on the
cover page of the agenda.
1. Consent Agenda:
The consent agenda is reserved for routine resolutions and motions, acted upon by roll call
vote on a single motion without discussion. Council shall either vote yea or nay when the roll
is called. Council members may request that an item be removed from the consent agenda
and considered separately. Such request does not require a second. The public shall be
prohibited from requesting that items listed on the consent agenda be removed and
considered separately. The public may contact council members with questions regarding
consent agenda items.
A. Resolution to approve the following:
Page 2 of 577
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in
the office of the City Clerk.
2. Resolution accepting Anti -Heroin COPS Grant funds as a sub -recipient from the
Governor's Office of Drug Control Policy, in the amount of $7,000.00, with no matching
funds required, to provide overtime funds to assist in mid and high level heroin
investigations, and authorizing the Mayor and Chief of Police to execute said document.
Submitted By: Aaron McClelland, Captain
3. Resolution approving submission of Pauline R. Barrett Charitable Foundation Grant
application in the amount of $500,000.00 for the Transforming Gates and Byrnes Parks
Project.
Submitted By: Paul Huting, Leisure Services Director
4. Resolution awarding bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount
of $523,353.00, in conjunction with the South Street and West 9th Street Mini -
Roundabout, Iowa DOT Grant Project No. CS-TSF-8155(777)--85-07, approving the
contract, bond and certificate of insurance, and authorizing the Mayor to execute said
document.
Submitted By: Mohammad Elahi, Interim Traffic Operations Director
5. Resolution approving Acknowledgment/Settlement Agreement -First Violation for Hy-Vee
Food Store No. 2, 2221 Logan Avenue, Waterloo, Iowa 50703, Tobacco Violation, and
accepting check for civil penalty of $300.00.
Submitted By: Martin M. Petersen, City Attorney
6. Motion to approve Final Quantity Summary, in conjunction with the FY 2023 Levee Rip
Rap Spraying, Contract No. 1065, and authorizing the Mayor and City Clerk to execute
said document.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
7. Resolution approving Completion of Project and Recommendation of Acceptance of Work
for work performed by Landmark Turf Services, LLC., of Dunkerton, Iowa, in the
amount of $48,142.00, in conjunction with the FY 2023 Levee Rip Rap Spraying,
Contract No. 1065, and receive and file a two-year maintenance bond.
Submitted By: Jamie Knutson, PE, City Engineer
8. Resolution approving the request of Robson Homes Inc., for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4302
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution approving the request of Robson Homes Inc, for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4332
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution approving the request of Robson Homes Inc, for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4232
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
11. Resolution approving the request of Robson Homes Inc., for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4230
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
Page 3 of 577
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
12. Resolution approving the request of Robson Homes Inc, for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4320
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
13. Resolution approving the request of Robson Homes Inc, for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4322
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
14. Resolution approving the request of Robson Homes Inc., for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4310
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
15. Resolution approving the request of Robson Homes Inc., for tax exemptions on the
construction of a new twin home unit valued at $130,000.00, for property located at 4312
Mourning Dove Drive, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
16. Resolution approving preliminary plans, specifications, form of contract, etc., setting date
of bid opening as January 19, 2023 and date of public hearing as February 6, 2023, in
conjunction with Asbestos Abatement Services, Contract No. AB-2023-02-04P, for
properties located at 1804 E. 4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and
637 Ankeny Street, and instruct the City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development Director
17. Resolution setting a date of public hearing as January 17, 2023 to support, approve and
authorize submittal of the nomination of the Friedl Bakery Building, located at 302
Commercial Street, to the National Register of Historic Places, and authorize the Mayor
and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development Director
18. Resolution setting date of public hearing as January 17, 2023, to approve a Site Plan
Amendment request by Downing Construction, on behalf of Smith Family Dentistry, to
construct a new 7,407 square foot dentist office in the "R-4, R-P" Planned Residence
District, located east of 4020 Bankers Boulevard, and instruct the City Clerk to publish
notice.
Submitted By: Noel Anderson, Community Planning and Development Director
19. Resolution setting date of public hearing as January 17, 2023, to approve the request by
Mann Road Storage, LLC for a rezone of approximately 0.32 acres from "R-1" One and
Two Family Residence District to "C-2" Commercial District for a new storage facility, at
the former K-Mart site, located adjacent to 3810 University Avenue, and instruct the City
Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development Director
20. Resolution setting date of public hearing as January 17, 2023 to approve the request by
C 10 Investments, LLC, to vacate a utility easement adjacent to the Ridgeway Avenue
right-of-way located east of 115 East Ridgeway Avenue, in the "S-1" Shopping Center
District, and instruct the City Clerk to publish notice.
Page 4 of 577
Submitted By: Noel Anderson, Community Planning and Development Director
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Jennifer McGee, Bookkeeper/Administrative Asst., Beverly Cosby, Housing
Coordinator, Senada Muhic, Housing Coordinator, Wanda Dorris, Housing
Coordinator, Dana Jackson, Housing Inspector, Rick Kirby, Ridgeway Towers
Maintenance
Class/Meeting: Mental Health One Day Training
Destination: West Des Moines, IA
Dates: January 19, 2023
Amount not to exceed: $480.00
b. Bob Jorgensen, Golf Superintendent, and Vacant Golf Superintendent
Position
Class/Meeting: 2023 Turfgrass Conference
Destination: Des Moines, IA
Dates: February 14-16, 2023
Amount not to exceed: $470.00
c. Dennis Gentz, PE, Assistant City Engineer
Class/Meeting: Iowa Concrete Paving Association (ICPA) Annual Workshop
Destination: Des Moines, IA
Dates: February 1-3, 2023
Amount not to exceed: $507.60
d. Rebecca Johnson, Human Rights Specialist and Nancy Culpepper, Human
Rights Administrative Secretary
Class/Meeting: NCRA Just Economy Conference 2023
Destination: Washington D.C.
Dates: March 28-30, 2023
Amount not to exceed: $3,820.00
e. Noel Anderson, Community Planning & Development Director and Jamie
Knutson, City Engineer
Class/Meeting: Prospect presentation
Destination: Atlanta, GA
Dates: October 10-11, 2022
Amount not to exceed: $2,805 (amended)
f. Nathan Hinders, Firefighter
Class/Meeting: Paramedic School, Kirkwood College
Destination: Cedar Rapids, IA
Dates: January 17, 2023 through May 8, 2024
Amount not to exceed: $14,012.50
g. Jacob Helgeson, Firefighter
Class/Meeting: Paramedic School - Hawkeye Community College
Destination: Waterloo, IA
Dates: August 22, 2023 - July 2023
Page 5 of 577
Amount not to exceed: $12,000.00
2. APPOINTMENTS
a. Star Rupe
Board/Commission: Main Street Waterloo Redevelopment Authority
Expiration Date: December 31, 2023
New Appointment
b. Jeanne Miller
Board/Commission: Main Street Waterloo Redevelopment Authority
Expiration Date: December 31, 2023
New Appointment
c. Zach Hansen
Board/Commission: Main Street Waterloo Redevelopment Authority
Expiration Date: December 31, 2023
Re -Appointment
d. Brandon Alvarado
Board/Commission: Main Street Waterloo Redevelopment Authority
Expiration Date: December 31, 2023
Re -Appointment
e. Michael Huisman
Board/Commission: Main Street Waterloo Redevelopment Authority
Expiration Date: December 31, 2023
Re -Appointment
f. Nick Hedrick
Board/Commission: Main Street Waterloo Redevelopment Authority
Expiration Date: December 31, 2023
Re -Appointment
g. Brendon Wagner
Board/Commission: Main Street Waterloo Redevelopment Authority
Expiration Date: December 31, 2025
Re -Appointment
3. Motion approving Recycling Yard License Applications as listed in Exhibit A.
4. Motion to deny Recycling Yard License Applications as listed in Exhibit A.
Submitted By:
5. Motion to approve the appointment of Dejana Van Gundy to the position of Records
Clerk II in the Police Department, effective January 4th 2022.
Submitted By: Aaron McClelland, Captain
PUBLIC HEARINGS
2. Logan Avenue (US 63) from Donald Street to Newell Street Traffic Adaptive System,
Iowa DOT Grant Project No. ICAAP-SWAP-8155(781)--SH-07.
Motion to receive and file proof of publication of notice of Public Hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Page 6 of 577
Resolution confirming approval of plans, specifications, form of contract, and authorizing to
proceed.
Motion to receive, file, and instruct the City Clerk to read bids.
Resolution awarding bid to KW Electric of Cedar Falls, Iowa in the amount of $162,450.00, in
conjunction with the Logan Avenue (US 63) from Donald Street to Newell Street Traffic
Adaptive System, Iowa DOT Grant Project No. ICAAP-SWAP-8155(781)--SH-07, approving
the contract, bond and certificate of insurance, and authorizing the Mayor to execute said
documents.
Submitted By: Mohammad Elahi, Interim Traffic Operations Director
RESOLUTIONS
3. Resolution directing filling Ward 4 City Council vacancy by appointment.
Submitted By: Kelley Felchle, City Clerk
4. Resolution approving a request by Big Hand Pepper, LLC for the Final Plat of Edison Addition,
a 32-lot residential subdivision in the "R-1,R-P" Planned Residence District and "C-P" Planned
Commercial District located west of 420 Harwood Avenue.
Submitted By: Noel Anderson, Community Planning and Development Director
5. Resolution approving an Acquisition Contract with Hawkeye Community Foundation, Inc., to
acquire 1.72 acres of right-of-way and approving a temporary easement agreement for 1.33
acres, in the amount of $4,009.71, and up to $1,000.00 in closing costs, located east of 6216
Hammond Avenue, in conjunction with the Hammond Avenue Sink Creek Bridge Construction
Project, and authorizing the Mayor and City Clerk to execute said documents.
Submitted By: Aric Schroeder, City Planner
6. Resolution approving Study Proposal with InVision Architecture for the study of the Waterloo
Center for the Arts building, for potential space sharing with Waterloo Community Playhouse, in
the amount of $17,500.00, and authorizing the Mayor and City Clerk to execute said
documents.
Submitted By: Noel Anderson, Community Planning and Development Director
7. Resolution approving an Amendment to a Development Agreement with Arts Mall Properties,
LLC, adding wording to allow access to the building through City -owned property, and
authorizing the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution approving an Amendment to a Development and Minimum Assessment Agreement
with Gray Transportation, Inc., for the addition of five (5) years at 75 percent tax rebates, due
to additional improvements at the site for drainage, and authorizing the Mayor and City Clerk to
execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution approving Supplemental Agreement No. 7 to a Professional Services Agreement with
Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed
October 10, 2016, in an amount not to exceed $ , in conjunction with the FY
2017 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and
authorizing the Mayor and City Clerk to execute said document.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
Page 7 of 577
10. Resolution approving Addendum No. 1 to a Professional Services Agreement with Robinson
Engineering Company of Independence, Iowa, originally executed April 5, 2021, in an amount
not to exceed $99,050.00, in conjunction with the FY 2022 North Crossing Area Study,
Contract No. 1050, and authorizing the Mayor and City Clerk to execute said document.
Submitted By: Jamie Knutson, PE, City Engineer
11. Resolution approving a Software Service Agreement with Tyler Technologies, Inc., for Tyler
Time and Attendance Software (ExecuTime), in an amount not to exceed $88,300.00, and
authorizing the Mayor to execute said documents.
Submitted By: Bridgett Wood, Finance Manager
12. Resolution approving changes to the City Credit Card Policy, effective January 4, 2023.
Submitted By: Bridgett Wood, Finance Manager
13. Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in an
amount not to exceed $949,000.00, for project and construction management and inspections
services for the fiber backbone and fiber -to -the -home network project implementation in 2023,
and authorizing the Mayor to execute said document.
Submitted By: Bridgett Wood, Finance Manager
ORDINANCES
14. An ordinance adopting a new city seal and logo.
Motion to receive, file, consider, and pass for the first time an ordinance amending the City of
Waterloo Code of Ordinances by repealing Section 2, Municipal Seal, of Chapter 2, Municipal
Charter and Seal, Title 1, Administration, and enacting in lieu thereof a new Section 2, City Seal
and Logo.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Submitted By: Kelley Felchle, City Clerk
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
4:15 p.m. Council Work Session, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Airport Board Meeting minutes of October 26, 2022.
2. Leisure Services Commission Board minutes of November 8, 2022.
3. Communication from the Police Department on the notice of the conclusion of employment for
Shane Buchholz, Police Officer, effective November 28, 2022, with recommendation of
Page 8 of 577
approval of payout of $5,493.51 for unused benefits.
4. Communication from the Building Inspections Department on the notice of the conclusion of
employment for Bob Osgood, Chief Plumbing Inspector, effective December 30, 2022, with
recommendation of approval of payout of $10,194.00 for unused benefits.
5. Communication from the Fire Department on the notice of the conclusion of employment for
Pat Treloar, Fire Chief, effective December 23, 2022, with recommendation of approval of
payout of $19,289.53 for unused benefits.
6. Planning and Zoning minutes of September 26, 2022.
7. Planning and Zoning minutes of October 11, 2022.
8. Planning and Zoning minutes of November 1, 2022.
9. Board of Adjustment minutes of September 27, 2022.
10. Community Development Board meeting minutes November 2022.
11. Board of Adjustment minutes of October 25, 2022.
Page 9 of 577
CITY OF WATERLOO
Council Communication
Minutes of December 19, 2022, Regular Session, as proposed.
City Council Meeting: 1/3/2023
Prepared:
ATTACHMENTS:
Description Type
❑ 12/19/2022 - Regular Session Minutes Backup Material
Submitted by: Submitted By:
Page 10 of 577
December 19, 2022
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers,
Waterloo, Iowa, at 5:30 p.m., on Monday, December 19, 2022. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Nichols, Amos, Chiles, Grieder, Wilder and Feuss, joined the meeting.
Prayer or Moment of Silence.
Pledge of Allegiance: Dave Boesen, At -Large Council Member
101084 - Feuss/Grieder
that the Agenda, as amended to correct the recommendation of grant award in Resolution No. 5 to be
$99,000 for twelve events and two capital projects occurring in FY2023, for the Regular Session on
Monday, December 19, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven.
Motion carried.
101085 - Feuss/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, December 5, 2022, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Recognition of Officer Jakovic on her induction into the Waterloo Wrestling Hall of Fame.
Recognition of Pat Treloar, Fire Chief, on his retirement.
PUBLIC COMMENTS
Mr. Chiles thanked the Police Department for allowing him to participate in a ride along.
101086 - Feuss/Wilder
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
101087 - Feuss/Grieder
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 December 12,
2022, in the amount of $3,119,018.83, and December 19, 2022, in the amount $3,407,778.34,
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. 2022-751.
2. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to
approve the purchase of one (1) new Komptech Crambo 6000, including an Overbank
Magnet, in the amount of $944,361.00, from Hennen Equipment, Inc., of Chaska, Minnesota.
Resolution adopted and upon approval by Mayor assigned No. 2022-752.
3. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy to approve
purchase of one (1) 2023 International model HV507SFA, in the amount of $110,034.40,
from Thompson Truck Center, Waterloo, Iowa.
Resolution adopted and upon approval by Mayor assigned No. 2022-753.
4. Resolution approving plans, specifications, form of contract, etc., setting date of public
hearing as January 3, 2023 in conjunction with the Logan Avenue (US 63) from Donald
Page 11 of 577
December 19, 2022
Page 2
1
2.
Street to Newell Street Traffic Adaptive System, Iowa DOT grant project No. ICAAP-
SWAP-8155(781)--SH-07, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-754.
b. Motion to approve the following:
a.
b.
c.
d.
e.
a.
b.
c.
d.
e.
f.
g•
h.
i.
j•
k.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Noel Anderson, Community
Planning and Development
Director and Jamie Knutson,
City Engineer
Prospect
Presentation
Atlanta, GA
October 10-11,
2022
$2,731.00
Jeff Siebel, Property
Inspector; Jennifer Sparks,
Permit Writer
IRC Essentials
West Des
Moines, IA
January 10-13,
2023
$2,150.00
Greg Ahlhelm, Building
IRC Essentials
West Des
Moines, IA
January 10-12,
2023
$780.00
Official
Senada Muhic, Housing
Coordinator
Homebuyer
Education
Methods:
Training the
Trainer - VTI
Session
Online
February 8
though March
7, 2023 (live
sessions 2/8,
2/15, 2/22 and
3/1)
$600.00
23 Leisure Services Staff
Members
Adult CPR/AED
Training for 23
staff
Sportsplex
December 19
or December
21, 2022
$644.00
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Capella Magna, 622
Commercial Street
C Liquor
Renewal
11/3/2023
x
Carlos O'Kelly's Mexican
Cafe, 2060 Sovia Drive, Ste.
104
C Liquor w/Outdoor
Service
Renewal
12/30/2023
x
Casey's General Store #3880,
1900 W. Ridgeway Avenue
E Liquor
Renewal
1/31/2024
x
HyVee Fast and Fresh #2,
2221 Logan Avenue
C Beer
Renewal
1/2/2024
x
Kings & Queens Club, 304
W. 4th Street
C Liquor w/Outdoor
Service
_
New
11/17/2023
x
Logan Ave Convenience
Store, 735 Logan Avenue
E Liquor
Renewal
11/28/2023
x
New Star Liquor, 1625 W.
4th Street
E Liquor
Renewal
12/10//2023
x
Screaming Eagle, 228 E. 4th
Street
C Liquor w/Outdoor
Service
Renewal
1/13/2024
x
Singlespeed Brewing Co, 325
Commercial Street
Special Class A Beer /
Class C Liquor
w/Outdoor Service
Renewal
12/31/2023
x
Trucker Bar, 1915 Bourland
Avenue
C Liquor
Renewal
12/12/2023
x
The Snack Shack, 4335 Texas
Street
E Liquor
Renewal
11/04/2023
x
Page 12 of 577
December 19, 2022
Page 3
1.
M.
n.
The Snack Shack, 4335 Texas
Street
B Native Wine / C Beer
Renewal
10/28/2023
x
Waterloo Black Hawks
Hockey, 125 Commercial
Street
C Liquor
Renewal
12/15/2023
x
Steamboat Gardens, 1740
Falls Avenue
C Liquor
Renewal
6/13/2023
x
3. Recommendation of appointment of Britni Perkins to the position of Executive Secretary to the Mayor,
effective December 30, 2022.
4. Motion approving Change Order No. 7 from Woodruff Construction, of Waterloo, Iowa, for a net
decrease of $244,899.10 and a change in the completion date from January 2, 2022 to December 16,
2022 in conjunction with the Wastewater Treatment Plant Biosolids Modification Project, Contract No.
994, and authorizing the Mayor to execute said document.
5. Motion to receive and place on file the 2023 Budget of the Waterloo Water Works, and authorize the
City Clerk to file said documents with the Black Hawk County Auditor.
6. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
101088 - Grieder/Wilder
that proof of publication of notice of public hearing on Waterloo Regional Airport - Pave Airport
Fire Station Parking Lot, CARES Funded Project No. 3-19-0094-0055 (CARES), as published in the
Waterloo Courier on December 5, 2022, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
101089 - Grieder/Wilder
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
101090 - Grieder/Wilder
that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-755.
101091 - Grieder/Wilder
Motion to receive and file and instruct City Clerk to read bids and refer to Airport Director for
review.
Engineer's Estimate: $161,425.00
BID SUMMARY SHEET
WATERLOO REGIONAL AIRPORT
ARFF STATION PARKING AREA AND ROADWAY
ACCESS FAA AIP PROJECT NO. 3-19-0094-055 (CARES)
AECOM PROJECT NO. 60675091
December 15, 2022
Bidder
Base Bid
Page 13 of 577
December 19, 2022
Page 4
Vieth Construction Corporation
Cedar Falls, IA
$166,653.00
Lodge Construction, Inc.
Clarksville, IA
$166,369.00
Woodruff Construction
Waterloo, IA
$173,998.94
Owen Contracting, Inc.
Cedar Falls, IA
$186,241.20
Voice vote -Ayes: Seven. Motion carried.
101092 - Nichols/Chiles
that proof of publication of notice of public hearing on Waterloo Regional Airport - Improve
Terminal Building - Upgrade HVAC and CCTV Project No. 3-19-0094-054 CARES, as published in
the Waterloo Courier on December 5, 2022, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
101093 - Nichols/Chiles
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
101094 - Nichols/Chiles
that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-756.
101095 - Nichols/Chiles
Motion to receive and file and instruct City Clerk to read bids and refer to Airport Director for
review.
Engineer's Estimate:
Base Bid - $451,325.00
Alternate Bid - $33,600.00
BID SUMMARY SHEET
WATERLOO REGIONAL AIRPORT
IMPROVE TERMINAL BUILDING - HVAC &
CCTV FAA AIP PROJECT NO. 3-19-0094-053
(CARES)
AECOM PROJECT NO. 60675091
December 15, 2022
Bidder
Base Bid
Add Alternate Bid
Woodruff Construction
Waterloo, IA
$759,750.00
$22,750.00
Voice vote -Ayes: Seven. Motion carried.
101096 - Feuss/Wilder
that proof of publication of notice of public hearing on South Street and West 9th Street Mini -
Roundabout, Iowa DOT grant Project No. CS-TSF-8155(777)--85-07, as published in the Waterloo
Courier on December 9, 2022, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
Page 14 of 577
December 19, 2022 Page 5
This being the time and place of public hearing, the Mayor called for written and oral comments.
David Dryer, 3145 W. 4th Street, commented on concerns for tractor -trailers negotiating the
roundabout.
Mohammad Elahi, Interim Director of Traffic Operations, provided an overview of the design plans
for the mini roundabout to accommodate large truck traffic.
101097 - Feuss/Wilder
that the hearing be closed and oral and written comments be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
101098 - Feuss/Wilder
that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-757.
101099 - Feuss/Wilder
Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Division
Manager for review.
Engineer's Estimate: $495,000.00
Bidder
Bid Security
Bid Amount
Vieth Construction Corporation
Cedar Falls, IA
5%
$635,212.00
Lodge Construction, Inc.
Clarksville, IA
5%
$523,353.00
Peterson Contractors, Inc.
Reinbeck, IA
5%
$560,398.20
Owen Contracting, Inc.
Cedar Falls, IA
5%
$543,619.56
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
101100 - Boesen/Amos
that "Resolution approving the Waterloo Convention and Visitor Bureau Board recommendation of
awarding $99,000 for twelve events and two capital projects occurring in FY2023", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-758.
101101 - Boesen/Amos
that "Resolution approving a Professional Services Agreement with Riverwise Engineering, LLC, of
Durango, Colorado, in the amount of $580,380.00, in conjunction with final design for the construction
of a whitewater course on the Cedar River in downtown Waterloo", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned what kind of impact these projects will have to the city
regarding ongoing maintenance and liability. He also questioned if the city has a 6th Street dam and
whether it is historical.
Page 15 of 577
December 19, 2022 Page 6
Jamie Knutson, City Engineer, explained there is a small dam downstream of the railroad bridge. Staff
are currently looking into what modifications can be made as it is currently unsafe to allow kayaks to
pass through it. As far as maintenance, there is nothing movable in there but every year in the fall,
they will have to remove blocks that create ripples then reinstall them in the spring.
Mayor Hart questioned the potential economic impact to a functioning white water course for the
community.
Noel Anderson explained that this would make the community more attractive as a destination and
hopefully draw people to want to live in Waterloo.
Mr. Feuss commented that the city cannot stagnate and having attractions like the white water park
and the marina will draw families to the community and will pay rewards for the community through
sales tax.
Resolution adopted and upon approval by Mayor assigned No. 2022-759.
101102 - Boesen/Amos
that "Resolution approving a Professional Services Agreement with Strand Associates, Inc., of
Madison, Wisconsin, in an amount not to exceed $48,000.00, to provide bidding -related engineering
services for the Third Party Renewable Natural Gas Project, and authorizing the Mayor to execute said
document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned the environmental impact and the anticipated benefit to
the taxpayers.
Randy Bennett, Public Works Division Manager, commented that currently the gas is being flared off
so there is no environmental impact. He explained that the plan is to capture that gas, scrub it and turn
it back into pipeline quality with the potential to be a revenue generator for the city.
Mr. Chiles wanted to emphasize that this is a third party that will work on this and it will be completed
in a safe manner.
Resolution adopted and upon approval by Mayor assigned No. 2022-760.
101103 - Amos/Wilder
that "Resolution approving Amendment No. 7 to Development Agreement with Central Property
Holdings, LLC to include a grant for extra fill activities in the amount of $136,983.05, extension of
the timeline to finish to October 31, 2023, and authorize the Mayor and City Clerk to sign and execute
all necessary documents", be adopted. Roll call vote -Ayes: Five. Nays: One (Boesen). Abstain: One
(Ms. Wilder due to being the videographer for the company). Motion carried.
David Dryer, 3145 W. 4th Street, questioned how everyone in the area knew about this except for the
city.
Noel Anderson, Community Planning and Development Director, provided an overview of the agenda
item.
Mr. Amos commented that when they first started working on the project they found asbestos buried
in the ground. He believes that the cost to remove that asbestos was well over $100,000.
Mr. Boesen requested an overview of how the dollar amount was determined.
Noel Anderson explained the funding would come out of the Logan TIF district.
Mr. Boesen commented that the foundation went in two years ago and questioned if this happened at
that time or if it was recent.
Noel Anderson commented that some of it was from the original foundation and the rest as they have
been developing the parking lot.
Page 16 of 577
December 19, 2022 Page 7
Mr. Boesen stated that he wants to know if this is a recent or past concern, because if it is something
that they dealt with when putting in the footings, the developer should have come to us much sooner
than this.
Mr. Amos commented that the developer had come to him and he explained that he took pictures of
the fill that was found. He told the developer to reach out to Mr. Anderson because he did not think
it was right that the developer should bear the entire cost. This is not something that is just recent.
Mr. Boesen shared that he finds it odd if the foundation went in two years ago these issues should have
come to us two years ago. Furthermore, it was not our land to begin with.
Sherman Wise, 919 Parker Street and contractor on the project, explained that the recess pond is where
much of the issue lies.
Rodney Anderson, 403 Franklin, commented that there has been extra costs with ongoing situations.
Mr. Boesen questioned what is causing the additional 10-month delay.
Rodney Anderson stated that the pandemic is causing the delays. They are still experiencing delays
in supplies, which is pushing back their ability to complete construction.
Mr. Chiles questioned when the building would be complete.
Rodney Anderson shared that the building will be complete in August and they will be training
employees in September to meet the October opening.
Resolution adopted and upon approval by Mayor assigned No. 2022-761.
101104 - Amos/Wilder
that "Resolution approving a Development Agreement with WBM, LLC, for the construction of two
(2) commercial buildings located west of 2843 Geraldine Road, with a Minimum Assessment
Agreement in the amount of $1,034,700.00, with rebates of five (5) years at 50 percent and a
development grant of $250,000.00 for Phase I, and rebates of two (2) years at 50 percent for Phase II,
and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Boesen questioned the purpose of the grant.
Noel Anderson, Community Planning and Development Director provided an overview of the purpose
of the grant.
Mr. Boesen questioned if the land is valued at $250,000.
Noel Anderson confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2022-762.
101105 - Amos/Wilder
that "Resolution approving a request by the City of Waterloo, the James L. Grady Revocable Trust
U/A Dated March 4, 2013 and Jeanette J. Grady Revocable Trust U/A Dated March 4, 2013, for an
Easement Agreement for ingress and egress to City owned property, with a term of five (5) years
ending December 31, 2027, and a yearly compensation to the owner of $500.00 per year, located
adjacent to 570 West Shaulis Road, (MidAmerican Substation), and authorizing the Mayor and City
Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-763.
101106 - Nichols/Feuss
Page 17 of 577
December 19, 2022 Page 8
that "Resolution approving changes to the City Travel and Meetings Policy, effective December 20,
2022", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-764.
101107 - Nichols/Feuss
that "Resolution approving a Payment Services Agreement with Tyler Technologies, Inc. and
Nvoicepay, Inc., for accounts payable automation, and authorizing the Mayor to execute said
document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned the purpose of an outside payment service.
Bridgett Wood, Finance Manager, explained how the payment service works and the payment options
that would be available for vendors.
Mr. Boesen questioned how errors would be handled.
Bridgett Wood explained that all the same checks and balances are still in place.
Resolution adopted and upon approval by Mayor assigned No. 2022-765.
101108 - Nichols/Feuss
that "Resolution approving a Professional Services Agreement with Municipal Collections of
America, Inc., for debt collection services for the City of Waterloo, and authorizing the Mayor and
City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-766.
101109 - Feuss/Chiles
that "Resolution directing filling Ward 4 City Council vacancy by appointment", be adopted.
Mayor Hart shared that today they received a petition calling for a special election and asked that
council push this item to January 3, 2023 so that he can have a conversation with the county auditor
to look at timeframes.
101110 - Boesen/Chiles
To postpone the resolution to January 3, 2023. Voice vote vote -Ayes: Seven. Motion carried.
ORDINANCES
101111 - Grieder/Amos
that "an ordinance providing that the general property taxes levied and collected each year on all
property located within the newly described Rath Urban Renewal and Redevelopment Plan Area, in
the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa,
City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to
and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said
Urban Renewal Project", be received, placed on file, considered and passed for the second time. Roll
call vote -Ayes: Six. Nays: One (Boesen). Motion carried.
101112 - Grieder/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried.
101113 - Grieder/Amos
that "an ordinance providing that the general property taxes levied and collected each year on all
property located within the newly described Rath Urban Renewal and Redevelopment Plan Area, in
Page 18 of 577
December 19, 2022 Page 9
the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa,
City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to
and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said
Urban Renewal Project", be considered and passed for the third time and adopted. Roll call vote -
Ayes: Six. Nays: One (Boesen). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5676.
101114 - Feuss/Wilder
that "an ordinance amending the City of Waterloo Code of Ordinances by Adding Section 3, Failure
to Pay, Chapter 3, General Penalty, Title 1, Administration, be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
101115 - Feuss/Wilder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
101116 - Feuss/Wilder
that "an ordinance amending the City of Waterloo Code of Ordinances by Adding Section 3, Failure
to Pay, Chapter 3, General Penalty, Title 1, Administration, be considered and passed for the second
and third times and adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5677.
ADJOURNMENT
101117 - Chiles/Wilder
that the Council adjourn at 6:35 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 19 of 577
CITY OF WATERLOO
Council Communication
Recognition of Waterloo Youth City Council
City Council Meeting: 1/3/2023
Prepared:
Submitted by: Submitted By:
Page 20 of 577
CITY OF WATERLOO
Council Communication
Resolution accepting Anti -Heroin COPS Grant funds as a sub -recipient from the Governor's Office of Drug
Control Policy, in the amount of $7,000.00, with no matching funds required, to provide overtime funds to
assist in mid and high level heroin investigations, and authorizing the Mayor and Chief of Police to execute said
document.
City Council Meeting: 1/3/2023
Prepared: 12/14/2022
ATTACHMENTS:
Description Type
❑ Anti Heroin Grant 2022 Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Resolution accepting Anti -Heroin COPS Grant funds as a sub -recipient
from the Governor's Office of Drug Control Policy, in the amount of
$7,000.00, with no matching funds required, to provide overtime funds to
assist in mid and high level heroin investigations, and authorizing the Mayor
and Chief of Police to execute said document.
Submitted By: Aaron McClelland, Captain
Request that the City Council pass a resolution authorizing Mayor Hart and
Chief Leibold to receive Anti -Heroin COPS grant money as a sub -recipient
from the Governor's Office of Drug Control, for a $7,000.00 grant with no
matching funds required. The money will directly pay overtime costs
associated with the investigation into mid and high level Heroin crimes.
Your approval of this grant will enable the Tri-County Drug Task Force to
further investigate mid and high level Heroin crimes creating a safer
community.
Data/Analysis and Strategies: N/A
Implementation, Accountability, N/A
and Communication:
Expenditure Required/Source of N/A
Funds:
Alternative: N/A
Page 21 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
ANTI -HEROIN TASK FORCE GRANT PROGRAM
Governor's Office of Drug Control Policy
Pape State Office Bldg., 5th Floor
215 E. 7th Street, Des Moines, Iowa 50319 (515) 725-0300
Anti -Heroin Task Force CFDA #16.710
Grantee:
Waterloo Police Department
715 Mulberry StreetStreet
Waterloo, Iowa 50703-5714
Grant # 22-Heroin-09
Grant Period: November 1, 2022 — September 30, 2024
Federal: $7,000
Match: $0
Total: $7,000
ODCP Contact: Dennis Wiggins 515/725-0311
Legal Applicant:
Quentin Hart
Program Director:
Joseph Leibold
This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation, the grant program
request for proposal, and the stipulations, if any, noted under "Special Conditions." Except for any waiver granted explicitly elsewhere in this grant,
this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice
grant The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated
herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting
forms, and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract,
and agree to abide by the terms set forth within.
SPECIAL CONDITIONS
• Grant funding is provided to assist project with mid to high level heroin investigations or precursor diversion investigations.
• Targets of investions will be shared with the Division of Intelligence to be entered into the LEIN database system.
• Projects will regularly deconflict investigations by searching potential targets in the LEIN database system.
In witness wherefore, the parties hereto have
.,.
r—DocuSigned by: 64u4k
A- f 12/12/2022
executed this grant the day and year specified
DocuSiG ATURES/DATES
I
i6St f(. (AZOV, 12/12/2022
E6313AE192314A2...
below.
DocuSigned by:
Pk, le Oi00 12/12/2022
D0525D78
tega?Applicant/Date Program Director/Date
6622 9CB744C...
6
ODCP Administrator/Date
Page 22 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
IOWA GOVERNOR'S OFFICE OF DRUG CONTROL POLICY
STANDARD GRANT CONDITIONS
Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential Substance Abuse
Treatment; Byrne Discretionary; Second Chance; Drug Court; Post -conviction Testing of DNA
Evidence to Exonerate the Innocent; Project Safe Neighborhoods; John R. Justice; Drug Free
Communities; Anti -Heroin Task Force; Comprehensive Opioid Abuse Program; Paul Coverdell
Forensic Science; Coronavirus Emergency Supplemental Funding, and any other Grant
administered by the Governor's Office of Drug Control Policy involving federal or state funding.
Table of Contents
1. General. 2
2. Definitions. 3
3. Accountability for All Grantees 3
4. Additional Guidance for Nonprofit Organizations. 3
5. Accounts and Records. 4
6. Cash/In-Kind Match (If required and included in the approved budget). 4
7. Non -Supplanting Requirement. 5
8. Program Income. 5
9. Subcontracting. 6
10. Unreasonable restrictions on competition under the award; association with federal government 6
11. Property and Equipment. 6
12. Computer Systems 7
13. Travel 7
14. Payments 8
15. Reporting. 8
16. Awards to private agencies - accounting system audit requirement. 9
17. Audits: 9
18. Monitoring/Evaluation 10
19. Changes in the Program 10
20. Copyrights. 11
21. Federal Funds Acknowledgment. 11
22. Release of Information and Confidentiality of Records. 11
23. Protection of human research subjects 12
24. Conflict of Interest 12
25. Report Misuses of Funds. 12
26. Restrictions and certifications regarding non -disclosure agreements and related matters 12
27. Drug Free Workplace. 13
28. Americans With Disabilities Act. 13
29. Immigration and Naturalization Service. 13
30. Limited English Proficiency. 13
31. Nondiscrimination/Equal Employment Opportunity Program. 14
1
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32. Findings of Discrimination. 15
33. Determination of suitability required, in advance, for certain individuals who may interact with participating minors 15
34. Equal Treatment for Faith Based Organizations 18
35. Lobbying Restrictions 18
36. Sanctuary Jurisdiction (Iowa Code) 19
37. Liability. 19
38. Drug Task Force. 19
39. Drug Task Force Training. 19
40. Safe Policing and Law Enforcement 19
41. Use of Force Training Metrics 19
42. NEPA Clandestine Methamphetamine Laboratories. 20
43. System for Award Management (SAM) and Universal Entity Identifier(UEI) Registration 21
44. Recipient Integrity and Performance. 21
45. Disclosure of "High Risk" Designation by Federal Agency 22
46. Breach of Personally Identifiable Information. 22
47. Submission of eligible records relevant to the National Instant Background Check System 22
48. Withholding of Support, Suspension, and Termination 22
49. Indemnification 25
50. Warranties 26
51. Status of Grantee. 27
52. Choice of Law and Forum. 27
53. Immunity from Liability. 27
54. Compliance with Iowa Code chapter 8F 27
55. Enhancement of Contractor Employee Whistleblower Protections. 28
56. Ownership of Deliverables. 28
57. Confidentiality, IT Standards, and Security 29
58. Qualifications of Staff. 30
59. State Agencies and Iowa Regent Institutions 30
1. General.
These standard grant conditions, unless otherwise stated herein, apply to the following
grant programs administered in Iowa by the Governor's Office of Drug Control Policy
(ODCP): Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential
Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Post -
conviction Testing of DNA Evidence to Exonerate the Innocent; Project Safe Neighborhoods;
John R. Justice; Drug Free Communities; Anti -Heroin Task Force; Comprehensive Opioid
Abuse Program; Paul Coverdell Forensic Science; and any other Grant administered by the
ODCP involving Federal or State funding.
The Grantee shall provide the necessary facilities, materials, services, and qualified
personnel to perform and/or provide all the services set forth in the approved application
and the letter of notification for the grant amount. The grant budget will be a basis for the
Grantee's expenditure of the grant amount. Acceptance of the terms and conditions of the
2
Page 24 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
grant is indicated by the applicants' signatures on the grant contract, attached certification,
and by requesting and expending grant funds.
The Grantee shall abide by all applicable Federal, State, and local laws, rules and
regulations. The Grantee shall comply with all applicable U.S. Department of Justice Grant
Award Special Conditions which govern subrecipients/subgrantees. The Certified
Assurances and forms signed and or submitted via www.iowagrants.gov by the Grantee in
making application for grant funds are incorporated herein.
2. Definitions.
a. "Deliverable" means any good, product, service, work, work product, item, material
or property created, developed, produced, delivered, performed or provided by or on
behalf of Grantee in connection with this contract.
b. "JAG" means the Federal Byrne —Justice Assistance Grant program, for which the
ODCP is the State Administering Agency in Iowa.
c. "Grantee" or "Legal Applicant" or "Recipient" means the governmental agency
contracting with the Governor's Office of Drug Control Policy
d. "ODCP" means Governor's Office of Drug Control Policy.
e. "Program/Project Director" means the person who has been delegated authority to
administer the project described in the application.
f. "Special Conditions" means those conditions applying uniquely to this grant
contract as identified on the grant contract page.
g. "Standard Grant Conditions" means those conditions applying to all ODCP grant
contracts.
h. "State" means the State of Iowa.
3. Accountability for All Grantees.
The Grantee shall promote effectiveness, efficiency, and accountability. The Grantee must
serve the public in an ethical and transparent manner, including operating professionally,
truthfully, fairly, and with integrity and accountability to uphold public trust.
The ODCP reserves the right to verify the contents of the Grantee's application and any
assertions, reporting, attestations, and submissions to the ODCP or any other
governmental agency throughout the term of the grant. If the ODCP determines the
Grantee has provided false, misleading, or inaccurate information to the ODCP or another
governmental agency, grant funds may be withheld, suspended or terminated.
4. Additional Guidance for Nonprofit Organizations.
A nonprofit organization awarded a subcontract pursuant to section 9 must be aware of
and comply with applicable law and regulations. The Iowa Nonprofit Principles and
Practices for Charitable Nonprofit Excellence Revised 2016 shall be used as a means of
educating nonprofit organizations about the laws and regulations with which they must
comply and to provide guidance about good operational practices and ethical conduct. This
publication may be accessed at https://inrc.law.uiowa.edu/sites/inrc.law.uiowa.edu/files/pp-
2016ed-web.pdf
3
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DocuSign Envelope ID: OF20EBOC-3A70-4334-B552-63444237F62A
The purpose of the Iowa Principles and Practices for Charitable Nonprofit Excellence is to
promote good management practices, ethical conduct, and public accountability for Iowa
charitable nonprofit organizations as they perform their crucial community services. The
Principles and Practices are not regulatory. While many of the Principles and Practices
will be helpful to all nonprofits, they are specifically written for 501(c)(3) organizations.
The Iowa Principles and Practices for Charitable Nonprofit Excellence are intended to be
primarily an educational process designed to improve efficiency and accountability. It is
recognized that implementation will take different forms and occur at different levels,
given the resources of the nonprofits.
5. Accounts and Records.
a. The Grantee shall comply with pertinent state and Federal laws, and the provisions
of the Office of Justice Program's (OJP) Financial Guide:
https://ojp.gov/financialguide/doj/pdfs/DOJ FinancialGuide.pdf
b. The Grantee shall maintain accurate, current, and complete records of the financial
activity of this contract, including records which adequately identify the source and
application of funds. The Grantee shall maintain separate records for each Federal
grant or program. Cash or matching contributions made by the Grantee shall be
verifiable from the Grantee's records. These records shall contain information
pertaining to contract amount, authorizations, obligations, unobligated balances,
assets, liabilities, expenditures, and program income.
c. The Grantee shall maintain effective control and accountability for all assets,
including current and accurate equipment inventory records. The Grantee shall
adequately safeguard all such assets and property and assure that it is used solely
for authorized purposes. Accounting records shall be supported by source
documentation such as canceled checks, paid bills, receipts, payrolls, contract award
documents, etc.
d. The Grantee, in making project expenditure accounts, records and reports, shall
make any necessary adjustments to reflect refunds, credits, underpayments or
overpayments, as well as any adjustments resulting from administrative or
compliance reviews and audits. Such adjustments shall be set forth in the financial
reports filed with the ODCP.
e. The Grantee shall maintain a sufficient recordkeeping system to provide statistical
data for the purpose of planning, monitoring, and evaluating their program.
f. The Grantee shall retain all pertinent records and books of accounts related to this
contract for a period of three (3) years following the closure of the Grantee's most
recent audit report. In the event of litigation, negotiation or audit findings, the
records shall be retained until all issues arising from such actions have been resolved
or until the end of the regular three-year period, whichever is later.
6. Cash/In-Kind Match (If required and included in the approved budget).
Grant application materials will specify the level and conditions of match required for each
grant program. If cash or in -kind match is required, the match will be identified in the
grant contract signed by the grantee as well as in the approved budget. If "cash" match is
included in the approved budget, the Grantee must be able to demonstrate that the match
is from a new appropriation, or from existing resources which were not intended for the
stated program purpose
4
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The Grantee shall maintain records clearly showing the source, the amount, and the timing
of all match contributions. The following may be used as cash match:
a. Local and State appropriations;
b. Funds contributed from private sources;
c. Federal funds from the following sources:
1. Housing and Community Development Act of 1974;
2. Appalachian Regional Development Act;
3. General Revenue Sharing;
d. Existing resources (as long as the existing funds were used in areas other than the
stated program purpose);
e. Salaries of existing personnel who are transferred to grant activities (if the original
positions are filled with new personnel;
f. Asset forfeiture funds resulting from State or Federal court action per applicable
state and Federal guidelines;
g. Program income and the related interest earned on that program income generated
from projects may be used as match provided it is identified and approved prior to
making an award;
h. Funds appropriated by Congress for the activities of any agency of a Tribal
government or the Bureau of Indian Affairs performing law enforcement functions on
Tribal lands; and
i. Funds otherwise authorized by law.
All funds designated as match are restricted to the same use as grant program funds. The
matching share must be obligated by the end of the period for which Federal funds have
been made available for obligation under an approved program or project. The Grantee
must submit a written plan for expenditure of matching funds if requested by the ODCP.
7. Non -Supplanting Requirement.
Federal funds must be used to supplement existing funds for program activities and not
replace those funds which have been appropriated for the same purpose. Potential
supplanting will be the subject of application review, as well as pre -award review, post -
award monitoring, and audit. If there is a potential presence of supplanting, the grantee
will be required to supply documentation demonstrating that the reduction in non -Federal
resources occurred for reasons other than the receipt or expected receipt of Federal funds.
8. Program Income.
"Program income" means gross income earned by the Grantee during the grant period as a
direct result of the grant award. Direct result is defined as a specific act or set of activities
that are directly attributable to grant funds and which are directly related to the goals and
objectives of the project.
Program income shall be accounted for and used for any purpose that furthers the broad
objectives of the legislation under which the award was made.
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Program income earnings and expenditures must be reported with claims for
reimbursement and must be used in accordance with the provisions of 2 CFR Part 200,
Uniform Administrative Requirements.
9. Subcontracting.
None of the activities or funds of this grant shall be subcontracted to another organization
or individual without specific prior approval by the ODCP, with the exception of
subcontracts under $1,000. To obtain ODCP approval, the Grantee shall submit the
proposed contract or written agreement between the parties. The contract or agreement
must contain a list of the activities to be performed by the subcontractor, and the contract
policies and requirements. All grant related certifications and conditions agreed upon by
the applicant agency shall be passed on to subcontracting agencies. Subcontractors shall
complete the Standard Grant Condition Certification.
Open and free competition is required unless specific advanced approval is obtained to use
a noncompetitive approach in contracting for a good or service.
10.Unreasonable restrictions on competition under the award; association with
federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R.
200.300 (requiring awards to be "manage [d] and administer[ed] in a manner so as to ensure
that Federal funding is expended and associated programs are implemented in full
accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally
requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and
open competition" and forbidding practices "restrictive of competition," such as "[p]lacing
unreasonable requirements on firms in order for them to qualify to do business" and taking
"[a]ny arbitrary action in the procurement process") — no recipient (or subrecipient, at any
tier) may (in any procurement transaction) discriminate against any person or entity on the
basis of such person or entity's status as an "associate of the federal government" (or on the
basis of such person or entity's status as a parent, affiliate, or subsidiary of such an
associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by
USDOJ.
The Grantee monitoring responsibilities include monitoring of subrecipient compliance with
this condition.
11.Property and Equipment.
a. Iowa Administrative Code, Chapter 110 and Section III, 3.7 of OJP's Financial Guide
prescribe property rules and regulations.
b. The Grantee shall develop procedures to assure competitive acquisition of approved
purchases.
c. Definition of Equipment: Any item costing $5,000 or more and having an anticipated
useful life of more than one year. Chairs, tables, files and movable partitions costing
less than $5,000 shall be accounted for in aggregate. All other items of equipment
shall be accounted for individually.
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The above definition identifies a minimum list of items, which must be considered as
equipment. The Grantee's accounting system may include other items of equipment
as well.
d. The Grantee shall maintain property records, inventory control, and maintenance
procedures for all non -expendable property purchased all or in part with grant funds.
An inventory report form must be completed and submitted with the last project
report to the ODCP. Procedures for managing equipment (including replacement,
whether acquired in whole or in part with project funds), will, at a minimum, contain
records, which include the following:
1.) Description of the property;
2.) Serial number or other identification number;
3.) Source of the property;
4.) Identification of who holds the title;
5.) Acquisition date;
6.) Cost of the property;
7.) Location of the property; and
8.) Disposition data including the date of disposal and sale price.
e. Title of Property: Notwithstanding any other provision of law, title to all expendable
and nonexpendable property purchased with grant funds made available under the
Grant Program shall vest in the agency that purchased the property, if it certifies to
the ODCP that it will use the property for the purposes outlined in the grant
application. If such certification is not made, title to the property shall vest in the
State of Iowa, which shall seek to have the property used for program related
purposes elsewhere in the state prior to using it or disposing of it in any other manner.
f. Use of Property: The Grantee may use property acquired in whole or in part with
Federal funds for the authorized purpose of the original grant as long as needed
whether or not the program or project continues to be supported by Federal funds.
12. Computer Systems.
No federal funding may be used to maintain or establish a computer network unless such
network blocks the viewing, downloading, and exchanging of pornography. Nothing in this
subsection limits the use of funds necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal investigations, prosecution, or
adjudication activities.
13. Travel.
Travel specifically identified in the grant application and budget is approved for
reimbursement by the ODCP. Out of state training and travel not identified and approved
in the application and grant budget requires approval by the ODCP prior to reimbursement.
Requests for out-of-state training and travel must be submitted to the ODCP in writing.
The Grantee shall follow state travel policies, or special conditions set forth in the grant.
Meal and lodging rates cannot exceed state rates.
In -State meal rates
o Breakfast $8.00
o Lunch $10.00
o Dinner $19.00
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Out of State:
Meal rates are determined by City Level. The following link shows the level for the
location you are traveling to - https://das.iowa.gov/state-accounting/travel-
relocation/out-state-travel/out-state-city-levels
Level 1 Level 2 Level 3 Level 4
Breakfast $ 8.00 $ 8.00 $10.00 $12.00
Lunch $10.00 $11.00 $12.00 $15.00
Dinner $19.00 $25.00 $29.00 $38.00
In -state lodging is limited to $80.00 including taxes.
Out of state lodging limits are defined by the federal travel regulations (FTR)
https://www.gsa.gov/travel/plan-booldper-diem-rates
State policy requires lodging providers to participate in Human Trafficking Prevention
Training and be listed on the state's Certified Locations List.
There may be exceptions to the lodging rates when staying at the facility hosting the
event. If the event location rate exceeds the rate listed above, contact our office to receive
prior approval.
State of Iowa approval rates will apply to subrecipient travel costs. Subrecipients are
encouraged to contact ODCP with questions regarding travel reimbursement rates and
processes.
14. Payments.
Expenditure reimbursement shall be made on program cash expenditures included in the
grant budget and upon the receipt and acceptance by the ODCP of a properly completed and
authorized expenditure report and supporting documentation. Final reimbursement must
be requested within 23 days after the end of the grant performance period.
Payments may be adjusted by ODCP to correct disallowances resulting from audit or
contract review. Reimbursement may be withheld if a grantee is delinquent in program
reporting or if the grantee fails to meet any contract condition.
15. Reporting.
Form to be Used:
a. Claim for Reimbursement - Completed
online at www.iowagrants.gov
Due Date:
Due by the 23rd day of each month,
following expenditures. Projects in
good standing may elect to submit on
a quarterly basis.
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b. Quarterly Progress Reports - Completed
online at www.iowagrants.gov
c. Inventory Report Form
Equipment purchased all or in part
with grant funds must be listed
on the inventory report form.
(See property.) Due to the ODCP
30 days after the grant
period.
d. Annual Audit Report
If agencies are exempt from audit
requirements, the Grantee must keep
records that are available for
review or audit by appropriate
officials including the Federal
agency, the State agency, and the
US Government Accountability
Office (GAO).
Final Payment shall be requested
within 23 days of the end of the grant
performance period.
Due Date:
October 23rd
January 23rd
April 23rd
July 23rd
Due Date
30 Days from the end of the
grant performance period.
Due Date
For July 1st through June 30th
audit is due by March 31st
16.Awards to private agencies - accounting system audit requirement.
These organizations must have financial and compliance audits conducted by qualified
individuals who are organizationally, personally, and externally independent from those
who authorize the expenditure of Federal funds. This audit must be conducted in accordance
with the Government Auditing Standards (July 2018 Revision), as found on the GAO
website. The purpose of this audit is to ascertain the effectiveness of the financial
management systems and internal procedures that have been established to meet the terms
and conditions of the award. Audits must be conducted no less frequently than every 2
years. The dollar threshold applies as established for audit reports in OMB Circular A-133,
as amended.
17.Audits:
Subrecipients of Federal funds are required to permit access to their records and financial
statements as necessary to comply with Title 2 CFR Part 200, Subpart F Audit
Requirements and Code of Iowa, Chapter 11, Audit of Counties, Cities and School Districts.
Non -Federal entities that expend $750,000 or more in Federal funds (from all sources
including pass -through subawards) in the State fiscal year (July 1 - June 30) shall have a
single organization -wide audit conducted in accordance with the provisions of Title 2 CFR
Part 200, Subpart F.
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Non -Federal entities that expend less than $750,000 in Federal awards in a fiscal year are
exempt from audit requirements for that year. Records must be available for review or audit
by appropriate officials including the Federal agency, pass -through entity, and General
Accounting Office (GAO).
A management letter must be submitted with the audit report. Grantee audit reports must
be submitted no later than nine (9) months after the close of each fiscal year during the term
of the award. Grantees shall comply with any audit resolution activities as directed by the
ODCP.
Audit costs for audits not required or performed in accordance with Title 2 CFR Part 200,
Subpart F are not allowable. If the grantee did not expend $750,000 or more in Federal
funds in its fiscal year, but contracted with a certified public accountant to perform an audit;
these costs may not be charged to the grant.
18. Monitoring/Evaluation.
The ODCP reserves the right to monitor the Grantee's performance through site visits,
reports, or other means deemed necessary by the ODCP. The Grantee agrees that the ODCP
may conduct site visits to review grant compliance, assess management controls, assess the
applicable activities or strategies, and provide technical assistance. In addition, the
Grantee shall provide any data or information required for the purposes of monitoring and
program evaluation. Such evaluation may be conducted by the ODCP or other appropriate
agencies. The Grantee shall ensure the cooperation of the Grantee's employees, agents, and
board members in such efforts.
Following each site visit or review the ODCP may submit a written report to the Grantee,
which will identify the findings. A corrective action plan with a timetable to address any
deficiencies or problems noted in the report may be requested by the ODCP. The corrective
action plan shall be submitted to the ODCP for the approval within the timeline outlined in
the written report. The Grantee shall carry out the plan after it is approved by the ODCP.
Failure to do so may result in suspension or termination of funding.
19.Changes in the Program.
a. Changes in Service: Changes in types of services provided by the Grantee as agreed
to in the application and award require prior approval by the ODCP.
Discontinuation or modification of a service without prior approval may result in a
decrease in the grant amount or termination of the grant.
b. Changes in Location: The Grantee shall notify the ODCP of any change in office or
service location (relocation, addition, or deletion) from that shown in the application
within 72 hours of such change.
c. Changes in Program Director or Other Personnel: When there is a change in the
program director or any other personnel supported by the grant from that shown on
the application, the ODCP must be notified. The Grantee is responsible for
replacement, and written notification to the ODCP of each action within 72 hours.
d. Change in Legal Applicant/Grantee: This grant shall not be assigned, transferred, or
conveyed in whole or in part by the Grantee to any third party or parties without
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prior written approval from the ODCP. A change in legal applicant is the process
whereby the legal and administrative responsibility for administering the grant is
transferred from one legal entity to another. A change of Grantee must be approved
in advance by the ODCP. The ODCP reserves the right to not contract with a new
Grantee. A written agreement of the original Grantee to relinquish all rights to the
project; and, a written agreement of the new Grantee to accept all the terms and
conditions of the contract must be submitted to and approved by the ODCP prior to
the date of transfer.
e. Change in Budget: Due to the fact that budget line item amounts are only estimates
of budget expenditure, funds may be reallocated among budget line items. Budget
revision requests must be submitted, and approved by, the ODCP prior to the revised
expenditure of funds. The ODCP will not reimburse funds for unapproved
expenditures. Budget revisions may be requested, via iowagrants.gov, by the legal
applicant and/or the legal applicant's authorized designee (e.g. the Program/Project
Director), who must certify that the change in budget does not constitute a change in
the goals and objectives of the program.
20. Copyrights.
The U.S. Department of Justice and the State of Iowa, ODCP reserve a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use: a) the copyright in any work developed under a grant, or contract
under a grant or subgrant; and b) any rights of copyright to which Grantee or contractor
purchases ownership with grant support.
21.Federal Funds Acknowledgment.
Program directors are encouraged to make the results and accomplishments of their
activities available to the public. Prior ODCP approval is not needed for publishing the
results of an activity under a grant project; however, an acknowledgment of State/Federal
support must be made. The Grantee shall, when issuing statements, press releases, and
other documents describing the grant project, clearly state: a) the percentage of the total
cost of the project which was or will be financed with Federal and State funds; and b) the
dollar amount of Federal and State funds for the project.
Any publication (written, visual, or sound), whether published at the Grantee's or
government's expense, shall contain the following statements: (NOTE: This excludes press
releases, newsletters, and issue analyses.)
"This project was supported by Grant No. , awarded by the U. S. Department
of Justice. Points of view in this document are those of the author and do not
necessarily represent the official position or policies of the U.S. Department of Justice
or the Governor's Office of Drug Control Policy."
22. Release of Information and Confidentiality of Records.
a. Release of Public Grant Information: The Grantee is required to make available all
records, papers and other documents kept by the Grantee relating to the receipt and
disposition of any funds, if requested by any member of the public. All such records
shall be available except when access to the records is limited by Federal or State
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confidentiality regulations. The intended use of such information will not be a
criterion for release.
b. Confidentiality of Records: The Grantee shall maintain the confidentiality of all
confidential records related to this grant in accordance with Federal and State laws.
Privacy rights of parents and students apply to this program. Grantee policies and
procedures shall provide that records of the identity, diagnosis, prognosis, or
treatment of any client which are maintained in connection with the performance of
the grant be kept confidential and be used only for the purposes and under the
circumstances expressly authorized under the Federal confidentiality regulations 42
CFR part 2 "Confidentiality of Alcohol and Drug Abuse Patient Records" and the Code
of Iowa, Chapter 22.7. The Grantee shall comply with all confidentiality requirements
of 42 U.S.C. 3789g and 28 CFR part 22 that are applicable to the collection, use, and
revelation of data or information.
23.Protection of human research subjects
The grantee (and any subrecipient at any tier) must comply with the requirements of 28
C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human
research subjects, including obtainment of Institutional Review Board approval, if
appropriate, and subject informed consent.
24. Conflict of Interest.
The Grantee shall establish safeguards to prevent employees, consultants, or members of
governing bodies from using their positions for purposes that are, or give the appearance of
being, motivated by the desire for private gain for themselves or others with whom they
have family, business, or other ties.
25.Report Misuses of Funds.
The Grantee must promptly refer to the ODCP any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)
submitted a false claim for grant funds under the False Claims Act; or 2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,
or similar misconduct involving grant funds. This condition also applies to any subcontract
for services.
26.Restrictions and certifications regarding non -disclosure agreements and related
matters.
No Grantee or subrecipient under this award, or entity that receives a contract or
subcontract with any funds under this award, may require any employee or contractor to
sign an internal confidentiality agreement or statement that prohibits or otherwise
restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste,
fraud, or abuse to an investigative or law enforcement representative of a Federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award,
to contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any
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other form issued by a Federal department or agency governing the nondisclosure of
classified information.
1) In accepting this award, the Grantee --
a) represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b) certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise restrict
(or purport to prohibit or restrict) reporting of waste, fraud, or abuse as described
above, it will immediately stop any further obligations of award funds, will provide
prompt written notification to the agency making this award, and will resume (or
permit resumption of) such obligations only if expressly authorized to do so by that
agency.
27.Drug Free Workplace.
Each Grantee receiving an award from the Governor's Office of Drug Control Policy shall
certify that it will maintain a drug -free workplace, or in the case of a Grantee, who is an
individual, certify to the agency that his or her conduct of award activity will be drug -free.
If a Grantee makes a false certification, the Grantee is subject to suspension, termination,
and debarment. In order to comply with the Drug Free Workplace Act of 1988, Grantees
are required to report any conviction of their employees under a criminal drug statute for
violations occurring on the Grantee's premises or off the Grantee's premises while
conducting official business. A report of a conviction must be made to the ODCP within ten
(10) days of receiving notices of such conviction.
28.Americans With Disabilities Act.
The Grantee shall comply with Subtitle A, title II of the Americans with Disabilities Act
(ADA), 42 U.S.C. 12131-12134, and Department of Justice implementing regulation, 28 CFR
Part 35.
29.Immigration and Naturalization Service.
The Grantee shall complete and keep on file, as appropriate, Immigration and
Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be
used by recipients of Federal funds to verify that persons are eligible to work in the United
States.
30.Limited English Proficiency.
"Applicants must certify that Limited English Proficiency persons have meaningful access
to the services under this program(s). National origin discrimination includes
discrimination on the basis of limited English proficiency (LEP). To ensure compliance with
Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure
that LEP persons have meaningful access to their programs. Meaningful access may entail
providing language assistance services, including oral and written translation when
necessary. The U.S. Department of Justice has issued guidance for grantees to help them
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comply with Title VI requirements. The guidance document can be accessed on the Internet
at www.lep.gov."
Local interpreters and translators may be available through the Iowa Interpreters and
Translators Association at https://www.iitanet.org .
31.Nondiscrimination/Equal Employment Opportunity Program.
a. All grant recipients, including contractors, will comply with any applicable Federal
nondiscrimination requirements, which may include the following: Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); Victims of Crime Act of
1984 (34 U.S.C. § 20110(e)); Juvenile Justice Prevention Act of 1974 (34 U.S.C. §
11182(b)); Civil Rights Act of 1964 (42 U.S.C. 2000d); Rehabilitation Act of 1973 (29
U.S.C. 794); Americans with Disabilities Act of 1990 (42 U.S.C. 12131-34); Education
Amendments of 1972 (20 U.S.C. 1681, 1683, 1685-86); Age Discrimination Act of 1975
(42 U.S.C. 6101-07); 28 C.F.R. pt. 42 (U.S. Department of Justice Regulations —
Nondiscrimination; Equal Employment Opportunity; Policies and Procedures); and
U.S. Department of Justice Regulation — Partnerships with Faith -Based and Other
Neighborhood Organizations (28 C.F.R. pt. 38).
b. In the event a Federal or State court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, or sex against a recipient of funds, the Grantee will forward
a copy of the finding to the Office for Civil Rights, Office of Justice Programs and the
Iowa Governor's Office of Drug Control Policy (ODCP).
c. The Grantee will provide an Equal Employment Opportunity Plan (EEOP) to the U.S.
Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), if
required to submit one. Grantee agencies receiving less than $25,000; grantee
agencies with less than 50 employees; and non-profit organizations, Indian Tribes,
and medical and education institutions, are exempt from the EEOP requirement, but
the grantee is required to claim the exemption through OCR's EEO Reporting Tool at
https://ojp.gov/about/ocr/eeop.htm. Grantees required to submit an EEOP shall submit
it directly to the OCR through the online EEO Reporting tool. A copy of the
certification form shall also be submitted to the ODCP. Information about civil rights
obligations of grantees can be found at www.ojp.usdoj.gov/ocr .
d. In accordance with Federal civil rights laws, the Grantee shall not retaliate against
individuals for taking action or participating in action to secure rights protected by
these laws.
All grant recipients, including contractors, will also comply with the Iowa Civil Rights
Act. The Iowa Civil Rights Act, (IAC Ch 216), prohibits discrimination in employment
because of a person's: Race, Creed, Color, Sex, Age, National Origin, Gender Identity,
Sexual Orientation, Disability, or Religion.
e. Grant recipients, if required, must make available, upon request, its Affirmative
Action Program containing goals and time specifications.
f. This contract may be suspended or terminated, in whole or in part, in the event of the
Grant recipient's noncompliance with this section and the recipient may be declared
ineligible for further contracts with the ODCP. Additionally, the ODCP may take
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g•
further action by imposing other sanctions or invoking other remedies as provided by
the Iowa Civil Rights Act of 1965 or as otherwise provided by law.
The U.S. Department of Justice, Office for Civil Rights issued an advisory document
for grant recipients on the proper use of arrest and conviction records in making
hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.
Department of Justice on the U.S. Equal Employment Opportunity Commission's
Enforcement Guidance: Consideration of Arrest and Conviction Records in
Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013),
available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients
should be mindful that the misuse of arrest or conviction records to screen either
applicants for employment or employees for retention or promotion may have a
disparate impact based on race or national origin, resulting in unlawful employment
discrimination. In light of the Advisory, the Grantee should consult local counsel in
reviewing their employment practices. If warranted, the Grantee should also
incorporate an analysis of the use of arrest and conviction records in their Equal
Employment Opportunity Plans.
32. Findings of Discrimination.
The Grantee assures that in the event a Federal or State court or administrative agency
makes a finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, disability, age, sexual orientation, gender identity, or sex against
a recipient of funds, the Grantee will promptly forward a copy of the finding to the
Governor's Office of Drug Control Policy.
33.Determination of suitability required, in advance, for certain individuals who
may interact with participating minors
1. Advance determination regarding suitability. The Grantee (and any subrecipient at
any tier) may not permit any covered individual to interact with any participating
minor in the course of activities under the award, unless the Grantee or subrecipient
first has made a written determination of the suitability of that individual to interact
with participating minors, based on current and appropriate information as described
in paragraph 3.e., and taking into account the factors and considerations described in
paragraph 4.
2. Updates and reexaminations
a. The Grantee (or subrecipient) must, at least every five years, update the
searches described in paragraph 3.e, reexamine the covered individual's
suitability determination in light of those search results, and, if appropriate,
modify or withdraw that determination.
b. The Grantee also must reexamine a covered individual's suitability
determination upon learning of information that reasonably may suggest
unsuitability and, if appropriate, modify or withdraw that determination.
3. Definitions
a. "Covered individual" means any individual (other than a participating minor, as
defined in this condition, or a client of the Grantee (or subrecipient)) who is
expected, or reasonably likely, to interact with any participating minor (other
than the individual's own minor children). A covered individual need not have
any particular employment status or legal relationship with the Grantee (or
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subrecipient). Such an individual might be an employee of a Grantee (or
subrecipient), but also might be (for example) a consultant, contractor, employee
of a contractor, trainee, volunteer, or teacher.
b. "Participating minor." All individuals under 18 years of age participating in
grant funded activities are participating minors.
c. "Interaction" includes physical contact, oral and written communication, and the
transmission of images and sound, and may be in person or by electronic (or
similar) means. But "interaction" does not include--
i. brief contact that is both unexpected by the Grantee (or subrecipient) and
unintentional on the part of the covered individual -- such as might occur
when a postal carrier delivers mail to an administrative office.
ii. personally -accompanied contact -- that is, infrequent or occasional contact
(for example, by someone who comes to make a presentation) in the
presence of an accompanying adult, pursuant to written policies and
procedures of the Grantee (or subrecipient) that are designed to ensure
that -- throughout the contact -- an appropriate adult who has been
determined to be suitable pursuant to this condition will closely and
personally accompany, and remain continuously within view and earshot
of, the covered individual.
d. "Activities under the award." Whether paid for with federal funds from the
award, "matching" funds, or "program income" for the award include both--
i. activities carried out under the award by the Grantee (or subrecipient);
and
ii. actions taken by an entity or individual pursuant to a procurement
contract under the award or to a procurement contract under a subaward
at any tier.
e. "Current and appropriate information"
In addition to information resulting from checks or screening required by
applicable federal, state, tribal, or local law, and/or by the Grantee's (or
subrecipient's) written policies and procedures, current and appropriate
information includes the results of all required searches listed below, each of
which must be completed no earlier than six months before the determination
regarding suitability.
i. Public sex offender and child abuse websites/registries
A search (by current name, and, if applicable, by previous name(s) or
aliases), of the pertinent and reasonably- accessible federal, state, and (if
applicable) local and tribal sex offender and child abuse websites/public
registries, including —
a. the Dru Sjodin National Sex Offender Public Website
(www.nsopw.gov);
b. the website/public registry for each state (and/or tribe, if applicable)
in which the individual lives, works, or goes to school, or has lived,
worked, or gone to school at any time during the past five years;
and
c. the website/public registry for each state (and/or tribe, if applicable)
in which the individual is expected to, or reasonably likely to,
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interact with a participating minor in the course of activities under
the award.
ii. Criminal history registries and similar repositories of criminal history
records
For each individual at least 18 years of age who is a covered individual
under this award, a fingerprint search (or, if the Grantee or subrecipient
documents that a fingerprint search is not legally available, a name -based
search, using current and, if applicable, previous names and aliases) --
encompassing at least the time period beginning five calendar years
preceding the date of the search request -- of pertinent state (and, if
applicable, local and tribal) criminal history registries or similar
repositories, including --
a. the criminal history registry for each state in which the individual
lives, works, or goes to school, or has lived, worked, or gone to
school at any time during the past five years; and
b. the criminal history registry for each state in which he or she is
expected to, or reasonably likely to, interact with a participating
minor in the course of activities under the award.
4. Factors and considerations in determinations regarding suitability
In addition to the factors and considerations that must or may be considered under
applicable federal, state, tribal, or local law, and under the Grantee's (or subrecipient's)
written policies and procedures, in making a determination regarding suitability, the
Grantee (or subrecipient) must consider the current and appropriate information
described in paragraph 3.e.
In particular (unless applicable law precludes it), with respect to either an initial
determination of suitability or a subsequent reexamination, the Grantee (or
subrecipient) may not determine that a covered individual is suitable to interact with
participating minors in the course of activities under the award if the covered
individual --
a. Withholds consent to a criminal history search required by this condition;
b. Knowingly makes (or made) a false statement that affects, or is intended to
affect, any search required by this condition;
c. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender
Public Website;
d. To the knowledge of the Grantee (or subrecipient), has been convicted -- whether
as a felony or misdemeanor -- under federal, state, tribal, or local law of any of
the following crimes (or any substantially equivalent criminal offense, regardless
of the specific words by which it may be identified in law):
i. sexual or physical abuse, neglect, or endangerment of an individual under
the age of 18 at the time of the offense;
ii. rape/sexual assault, including conspiracy to commit rape/sexual assault;
iii. sexual exploitation, such as through child pornography or sex trafficking;
iv. kidnapping;
v. voyeurism; or
e. Is determined by a federal, state, tribal, or local government agency not to be
suitable.
5. Administration; rule of construction
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a. The requirements of this condition are among those that must be included in any
subaward (at any tier), and must be monitored. They apply as of the date of
acceptance of the grant, and throughout the remainder of the period of
performance.
b. The Grantee is to contact the ODCP with any questions regarding the
requirements of this condition and must not allow a covered individual to
interact with a participating minor until such questions are answered.
c. Nothing in this condition shall be understood to authorize or require the
Grantee, any subrecipient at any tier, or any person or other entity, to violate
any federal, state, tribal, or local law, including any applicable civil rights or
nondiscrimination law.
34.Equal Treatment for Faith Based Organizations.
The Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, governing
"Equal Treatment for Faith Based Organizations". The Equal Treatment Regulation
provides in part that grant awards may not be used to fund any inherently religious
activities, such as worship, religious instruction, or proselytization. Grant recipients may
still engage in inherently religious activities, but such activities must be separate in time
or place from the grant funded program, and participation in such activities by individuals
receiving services from the grantee or a sub -grantee must be voluntary. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded
through grant funding are not permitted to discriminate in the provision of services on the
basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment. See http://www.ojp.gov/about/ocr/equalfbo.htm.
35.Lobbying Restrictions.
The Grantee agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee of
a member of Congress in connection with this Federal contract or grant, and the
Grantee receives Federal funds exceeding $100,000, the Grantee shall complete and
submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions https://www.gsa.gov/forms-library/disclosure-lobbying-activities
c. The Grantee shall require that the language of this certification be included in any
subcontracts and that all contractors shall certify and disclose accordingly. Any
person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
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36.Sanctuary Jurisdiction (Iowa Code).
The Grantee shall comply with the provisions of Iowa Code chapter 27A, which applies to
the enforcement of immigration laws. Grantees who are found to be in non-compliance with
Iowa Code 27A are ineligible to receive funds through the ODCP. Rules governing the
determination of non-compliance and the reinstatement of eligibility are provided in Iowa
Administrative code 541 chapter 13.
37. Liability.
a. If any provision contained herein is in conflict with any State or Federal law or shall
be declared to be invalid by any court of record of this State, such invalidity shall
affect only such portions as are declared invalid or in conflict with the law. Any
remaining portion ruled valid by the court shall continue to be in effect.
b. The ODCP reserves all administrative, contractual and legal remedies, which are
available in the event that the Grantee violates or breaches the terms of this contract.
38.Drug Task Force.
Officers funded by the Office of Drug Control Policy who encounter minors who as a direct
or indirect result of the presence and or the use of any illegal drug are at risk of exposure,
abuse, or neglect shall at a minimum report the encounter to the Department of Human
Services. Task forces are strongly encouraged to participate in a Drug Endangered Children
program designed to identify and protect the wellbeing of these youth.
39.Drug Task Force Training.
Each current member of a law enforcement task force funded with these funds who is a task
force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete Department of Justice required online (internet-based) task
force training. All task force members are required to complete this training once during
the life of this award, or once every four years if multiple awards include this requirement.
The training is provided free of charge online through BJA's Center for Task Force Integrity
and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as
other key issues including privacy and civil liberties/rights, task force performance
measurement, personnel selection, and task force oversight and accountability. When
registering for the training, participants should use the preauthorization code QX6S4
40.Safe Policing and Law Enforcement
Grants made to State, local, college, or university law enforcement agencies shall be certified
by an approved independent credentialing body or have started the certification process
regarding the following two mandatory conditions: (1) the agency's use of force policies
adhere to all applicable federal, state, and local laws; and (2) the agency's use of force
policies prohibit chokeholds except in situations where use of deadly force is allowed by law.
For detailed information on this certification requirement, see
https://cops.usdoj . gov/SafePolicingEO.
41.Use of Force Training Metrics.
(Byrne JAG Grantees Only) Law enforcement agencies receiving direct or sub -awarded JAG
funding must submit accountability metrics data related to training that officers have
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received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive
engagement with the public.
42.NEPA Clandestine Methamphetamine Laboratories.
This condition facilitates compliance with the provision of the National Environmental
Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine
laboratories [hereinafter, "meth lab operations"]. No Federal monies from this award may
be obligated to support meth lab operations unless the grant recipient implements this
condition.
The Office of Justice Programs (OJP), in consultation with the Bureau of Justice
Assistance, the Drug Enforcement Administration, and the Office for Community Oriented
Policing Services, prepared a Program -level Environmental, health and safety impacts
likely to be encountered by law enforcement agencies as they implement specific actions
under their methamphetamine laboratory operations. Consistent with the Assessment,
the following terms and conditions shall apply to the grant recipient for any OJP funded
meth lab operations:
a. The grant recipient shall comply with Federal, State, and local environmental,
health, and safety laws and regulations applicable to meth lab operations, to include
the disposal of the chemicals, equipment, and wastes resulting from those operations.
b. Grant recipients shall have a Mitigation Plan in place that identifies and documents
the processes and points of accountability within its state. This plan will be used to
ensure the adverse environmental, health, and safety impacts in the Assessment are
mitigated in a manner consistent with the requirements of this condition.
c. Grant recipients shall monitor grant funded meth lab operations to ensure that
they comply with the following nine mitigation measures identified in the Assessment
and whose implementation is addressed in the grantee's Mitigation Plan.
Methamphetamine Mitigation Conditions
Where applicable, grant recipients shall:
a. Provide medical screening of personnel assigned or to be assigned by the grantee
to the seizure or closure of clandestine methamphetamine laboratories;
b. Provide Occupational Safety and Health Administration (OSHA) required initial
and refresher training for law enforcement officials and all other personnel
assigned to either the seizure or closure of clandestine methamphetamine
laboratories;
c. As determined by their specified duties, equip the personnel with OSHA required
protective wear and other required safety equipment;
d. Assign properly trained personnel to prepare a comprehensive contamination
report on each seized/closed laboratory;
e. Utilize qualified disposal personnel to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of
each seized laboratory;
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f. Dispose of the chemicals, equipment, and contaminated materials and wastes at
properly licensed disposal facilities or, when allowable, at properly licensed
recycling facilities;
g. Monitor the transport, disposal and recycling components of subparagraphs
number "e" and "f' immediately above in order to ensure proper compliance;
h. Have in place and implement a written agreement with the responsible State
environmental agency. This agreement must provide that the responsible State
environmental agency agrees to: (i) timely evaluate the environmental condition
at and around the site of a closed clandestine laboratory; and (ii) coordinate with
the responsible party, property owner, or others to ensure that any residual
contamination is remediated, if determined necessary by the State environmental
agency and in accordance with existing State and Federal requirements;
i. Have in place and implement a written agreement with the responsible State or
local service agencies to properly respond to any minor, as defined by State law,
at the site. This agreement must ensure immediate response by qualified persons
who can (i) respond to the potential health needs of any minor at the site; (ii) take
that minor into protective custody unless the minor is criminally involved in the
meth lab activities or is subject to arrest for other criminal violations; (iii) ensure
immediate medical testing for methamphetamine toxicity; and (iv) arrange for any
follow-up tests, examinations, or health care made necessary as a result of
methamphetamine toxicity; and
j. Report all clandestine lab responses to the Iowa Division of Narcotics Enforcement
using EPIC report form #143. Assistance in completing this form is available by
calling 515/281-9054.
43.System for Award Management (SAM) and Universal Entity Identifier(UEI)
Registration.
Grant recipient shall register and provide the Governor's Office of Drug Control Policy a
UEI Number. The Grantee shall maintain a current registration with the System for Award
Management (SAM) for the duration of the grant project period.
44.Recipient Integrity and Performance.
The Grantee must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected
to the performance of) this award. Under certain circumstances, recipients of federal grant
funds are required to report information about such proceedings, through the Federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the Federal
designated integrity and performance system (currently, "FAPIIS") within SAM are posted
on the OJP web site at http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient
Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
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45.Disclosure of "High Risk" Designation by Federal Agency.
The Grantee shall disclose to the Office of Drug Control Policy any designation of "high risk"
by any Federal grant -making agency currently or at any time during the course of the period
of performance under the award. For purposes of this disclosure, high risk includes any
status under which a Federal awarding agency provides additional oversight due to the
Grantee's past performance, or other programmatic or financial concerns with the Grantee.
46.Breach of Personally Identifiable Information.
The Grantee (including other participating agency supported by the award) must have
written procedures in place to respond in the event of an actual or imminent "breach" if it
(or participating agency)-- 1) creates, collects, uses, processes, stores, maintains,
disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR
200.79) within the scope of a grant -funded program or activity, or 2) uses or operates a
"Federal information system" (OMB Circular A-130). The Grantee's breach procedures must
include a requirement to report actual or imminent breach of PII to the Office of Drug
Control Policy no later than 24 hours after an occurrence of an actual breach, or the
detection of an imminent breach. The ODCP will in turn report the breach to the
appropriate Federal agency.
47. Submission of eligible records relevant to the National Instant Background Check
System
Consonant with federal statutes that pertain to firearms and background checks -- including
18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses
this award to fund (in whole or in part) a specific project or program (such as a law
enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant
to the National Instant Background Check System (NICS), or that has as one of its purposes
the establishment or improvement of records systems that contain any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant
to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court
dispositions, information, or other records that are "eligible records" (under federal or State
law) relevant to the NICS are promptly made available to the NICS or to the "State"
repository/database that is electronically available to (and accessed by) the NICS, and --
when appropriate -- promptly must update, correct, modify, or remove such NICS relevant
"eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to
demonstrate diligent monitoring of compliance with this condition (including subrecipient
compliance).
48.Withholding of Support, Suspension, and Termination.
a. Withholding of Support: With ten (10) days written notice, the ODCP may
temporarily withhold payment of funds until a corrective action plan has been
submitted by Grantee and approved by the ODCP. Reasons may include, but are not
limited to the following:
1.) Delinquency in submitting required reports;
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2.) Failure to provide adequate management of the funds;
3.) Failure to show satisfactory progress in achieving the objectives of the program
or failure to meet the terms and conditions of the contract; and
4.) Failure to regularly coordinate the activities and services with other local
providers funded by the ODCP. Temporary withholding of funds does not
constitute just cause for the Grantee to interrupt services to clients.
b. Suspension: When, as determined by the ODCP, a Grantee has materially failed to
comply with the terms and conditions of the grant, the ODCP may, with ten (10) days
written notice to Grantee, suspend the grant. Only necessary and proper costs that
the ODCP agrees could not have reasonably been avoided during the period of
suspension will be paid by the ODCP. Suspension shall remain in effect until the
Grantee has shown to the satisfaction of the ODCP that corrective action has been or
will be taken, or until the ODCP terminates the grant.
c. Termination:
1. Termination for Cause: The ODCP may terminate a grant in whole or in part
any time before the date of completion if the ODCP determines that the
Grantee has failed in a material way to comply with the terms and conditions
of the grant. To terminate a grant, the ODCP must send written notice to the
Grantee stating the date and reasons for the termination. Payments to the
Grantee will be only for services provided or purchases authorized up to the
date of termination. Recovery of funds by the ODCP shall be made in
accordance with the terms and conditions of this grant.
2. Termination on Other Grounds: In addition to termination for cause, the
ODCP grants may be terminated in whole or in part as follows:
a By the ODCP with the consent of the Grantee. Both parties agree on
the termination conditions, including the effective date and, in the case
of partial terminations, the portion to be terminated.
b By the Grantee. Sixty (60) days written notice to the ODCP is required.
Such notice shall set forth the reason for such termination. Termination
of part of the grant is subject to Section 17 entitled "Changes in the
Program."
c By the ODCP due to the lack of adequate funds to support the grant.
Should this contract terminate prior to the expiration date as set forth
in the grant cover page, the Grantee agrees to deliver such information
and items which are due as of the date of termination.
d By the ODCP in whole or in part without the payment of any penalty or
incurring any further obligation to the Grantee whenever the ODCP
determines that such termination is in the best interests of the State.
In this event, the ODCP shall issue a termination notice to the Grantee
at least ten (10) days prior to the effective termination date. Following
termination upon notice, the Grantee shall be entitled to compensation,
upon submission of invoices and proper proof of claim, for services
provided and non -cancellable obligations incurred under this contract up
to and including the date of termination.
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e In addition, the ODCP may terminate this contract effective
immediately without penalty and without advance notice for any of the
following reasons:
i. The Grantee furnished any statement, representation, warranty
or certification in connection with this Contract, the RFP or
other solicitation document that is false, deceptive, or
materially incorrect or incomplete;
ii. The Grantee or any of its officers, directors, employees, agents,
contractors or subcontractors has committed or engaged in fraud,
misappropriation, embezzlement, malfeasance, misfeasance, or
bad faith;
iii. The Grantee terminates or suspends its business;
iv. The Grantee has failed to comply with any applicable
international, Federal, State (including, but not limited to Iowa
Code chapter 8F), or local laws, rules, ordinances, regulations or
orders when performing within the scope of this Contract;
v. The ODCP determines or believes the Grantee has engaged in
conduct that: (a) has or may expose the ODCP or the State to
material liability, or (b) has caused or may cause a person's life,
health or safety to be jeopardized;
vi. The Grantee knowingly infringes or allegedly infringes or
violates any patent, trademark, copyright, trade dress or any
other intellectual property right or proprietary right, or the
Grantee misappropriates or allegedly misappropriates a trade
secret or ;
vii. The Grantee fails to comply with any applicable confidentiality
laws, privacy laws, or any provisions of this Contract pertaining
to confidentiality or privacy.
3. Termination for Convenience. The ODCP may terminate this Contract in
whole or in part without the payment of any penalty or incurring any further
obligation to the Grantee whenever, for any reason, the ODCP determines that
such termination is in the best interests of the ODCP or the State. In this
event, the ODCP shall issue a termination notice to the Grantee at least ten
(10) days prior to the effective termination date. Following termination upon
notice, the Grantee shall be entitled to compensation, upon submission of
invoices and proper proof of claim, for services provided under this Contract up
to an including the date of termination.
d In the event of termination, the Grantee shall be reimbursed by the ODCP only for
those allowable costs incurred or encumbered up to and including the termination
date, subject to the continued availability of funds to the ODCP. Upon receipt of
notice of termination the Grantee shall cease work under this contract and take all
necessary or appropriate steps to limit disbursements and minimize costs, and shall
furnish a report within thirty (30) days of the date of notice of termination describing
the status of all work under the contract. The Grantee shall also immediately cease
using and return to the ODCP any personal property, equipment, or materials
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provided by the ODCP to the Grantee and shall immediately return to the ODCP any
payments made by the ODCP for services that were not rendered by the Grantee.
e In the event of termination, the Grantee agrees to deliver such information and items
which are due as of the date of termination, including but not limited to partially
completed plans, drawings, data, documents, surveys, maps, and reports. The
Grantee shall ensure a smooth transition of services to clients, regardless of whether
this contract terminates prior to or upon the expiration date of the contract. If the
Grantee fails to ensure a smooth transition of services to clients, the ODCP may, at
its sole discretion, place the Grantee on its list of contractors barred from entering
into any contract with the ODCP and immediately terminate all other existing
contracts between the ODCP and the Grantee. The Grantee shall cooperate in good
faith with the ODCP and its employees, agents and independent contractors during
the transition period between the notification of termination and the substitution of
any replacement provider.
f. The ODCP shall not be liable for the following costs or expenses: unemployment
compensation; the payment of workers' compensation claims, which occur during the
Contract or extend beyond the date on which the Contract terminates; any costs
incurred by Grantee in its performance of the Contract, including, but not limited to,
startup costs, overhead or other costs associated with the performance of the
Contract; any damages or other amounts associated with the loss of prospective
profits, anticipated sales, goodwill, or for expenditures, investments or commitments
made in connection with this Contract; any taxes Grantee may owe in connection with
the performance of this Contract, including, but not limited to, sales taxes, excise
taxes, use taxes, income taxes or property taxes.
g The ODCP reserves all administrative, contractual and legal remedies which are
available in the event that the Grantee violates or breaches the terms of this contract.
49.Indemnification.
The Grantee and its successors and assignees agree to indemnify and hold harmless the
State of Iowa and the ODCP and its officers, employees, agents, and volunteers from any
and all liabilities, damages, settlements, judgments, costs and expenses, including the
reasonable value of time spent by the Attorney General's Office and the costs and expenses
and reasonable attorney fees of other counsel required to defend the ODCP or the State of
Iowa, related to or arising from any of the following:
a. Any violation of this contract.
b. Any negligent, intentional, or wrongful act or omission of the Grantee, its officers,
employees, agents, board members, contractors or subcontractors, or any other
person in connection with this project.
c. Any infringement of any patent, trademark, trade dress, trade secret, copyright, or
other intellectual property right.
d. The Grantee's performance or attempted performance of this contract.
e. Any failure by the Grantee to comply with all Federal, State, and local laws and
regulations.
f. Any failure by the Grantee to make all reports, payments, and withholdings required
by Federal and State law with respect to social security, employee income, and other
taxes, fees, or costs required by the Grantee to conduct business in the State of Iowa.
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g. The death, bodily injury or damage to property of any enrollee, agent, employee,
business invitee or business visitor of the Grantee or any of its subcontractors.
h. Any failure by the Grantee to adhere to the confidentiality provisions of this contract.
50. Warranties.
a. The Grantee represents and warrants that: (i) all Deliverables shall be wholly
original with and prepared solely by Grantee; or it owns, possesses, holds, and has
received or secured all rights, permits, permissions, licenses and authority necessary
to provide the Deliverables to the ODCP hereunder and to assign, grant and convey
the rights, benefits, licenses and other rights assigned, granted or conveyed to the
ODCP hereunder or under any license agreement related hereto without violating
any rights of any third party; (ii) Grantee has not previously and will not grant any
rights in any Deliverables to any third party that are inconsistent with the rights
granted to the ODCP herein; and (iii) the ODCP shall peacefully and quietly have,
hold, possess, use and enjoy the Deliverables without suit, disruption or interruption.
b. The Grantee represents and warrants that: (i) the Deliverables (and all intellectual
property rights and proprietary rights arising out of, embodied in, or related to such
Deliverables); and (ii) the ODCP's use of, and exercise of any rights with respect to,
the Deliverables (and all intellectual property rights and proprietary rights arising
out of, embodied in, or related to such Deliverables), do not and will not, under any
circumstances, misappropriate a trade secret or infringe upon or violate any
copyright, patent, trademark, trade dress or other intellectual property right,
proprietary right or personal right of any third party. Grantee further represents and
warrants there is no pending or threatened claim, litigation or action that is based on
a claim of infringement or violation of an intellectual property right, proprietary right
or personal right or misappropriation of a trade secret related to the Deliverables.
Grantee shall inform the ODCP in writing immediately upon becoming aware of any
actual, potential or threatened claim of or cause of action for infringement or violation
or an intellectual property right, proprietary right, or personal right or
misappropriation of a trade secret. If such a claim or cause of action arises or is likely
to arise, then Grantee shall, at the ODCP's request and at the Grantee's sole expense:
(i) procure for the ODCP the right or license to continue to use the Deliverable at
issue; (ii) replace such Deliverable with a functionally equivalent or superior
Deliverable free of any such infringement, violation or misappropriation; (iii) modify
or replace the affected portion of the Deliverable with a functionally equivalent or
superior Deliverable free of any such infringement, violation or misappropriation; or
(iv) accept the return of the Deliverable at issue and refund to the ODCP all fees,
charges and any other amounts paid by the ODCP with respect to such Deliverable.
In addition, Grantee agrees to indemnify, defend, protect and hold harmless the State
and its officers, directors, employees, officials and agents as provided in the
Indemnification section of this Contract, including for any breach of the
representations and warranties made by Grantee in this section. The foregoing
remedies shall be in addition to and not exclusive of other remedies available to the
ODCP and shall survive termination of this Contract.
c. The Grantee represents and warrants that the Deliverables (in whole and in part)
shall: (i) be free from material Deficiencies; and (ii) meet, conform to and operate in
accordance with all Specifications.
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d. The Grantee represents, warrants and covenants that all services to be performed
under this Contract shall be performed in a professional, competent, diligent and
workmanlike manner by knowledgeable, trained and qualified personnel, all in
accordance with the terms and Specifications of this Contract and the standards of
performance considered generally acceptable in the industry for similar tasks and
projects. In the absence of a Specification for the performance of any portion of this
Contract, the parties agree that the applicable specification shall be the generally
accepted industry standard. So long as the ODCP notifies Grantee of any services
performed in violation of this standard, Grantee shall re -perform the services at no
cost to the ODCP, such that the services are rendered in the above -specified manner,
or if the Grantee is unable to perform the services as warranted, Grantee shall
reimburse the ODCP any fees or compensation paid to Grantee for the unsatisfactory
services.
e. The Grantee represents and warrants that the Deliverables will comply with any
applicable Federal, State, foreign and local laws, rules, regulations, codes, and
ordinances in effect during the term of this Contract, including applicable provisions
of Section 508 of the Rehabilitation Act of 1973, as amended, and all standards and
requirements established by the Architectural and Transportation Barriers Access
Board and the Iowa Department of Administrative Services, Information Technology
Enterprise.
51. Status of Grantee.
The Grantee shall at all times be deemed an independent contractor. The Grantee, its
employees, agents, and any subcontractors performing under this contract are not
employees or agents of the State of Iowa or any agency or department of the State. The
Grantee shall be responsible for withholding all taxes and shall hold the ODCP harmless
for any claims for the same.
52.Choice of Law and Forum.
The terms and provisions of this contract shall be construed in accordance with the laws of
the State of Iowa. Any and all litigation or actions commenced in connection with this
contract shall be brought in Des Moines, Iowa, in the Iowa District Court in and for Polk
County, Iowa. If, however, jurisdiction is not proper in the Polk County District Court, the
action shall only be brought in the United States District Court for the Southern District
of Iowa, Central Division, provided that jurisdiction is proper in that forum. This
provision shall not be construed as waiving any immunity to suit or liability that may be
available to the ODCP or the State of Iowa.
53.Immunity from Liability.
Every person who is a party to the Contract is hereby notified and agrees that the State,
the ODCP, and all of their employees, agents, successors, and assigns are immune from
liability and suit for or from Grantee's and/or subcontractors' activities involving third
parties and arising from the Contract.
54.Compliance with Iowa Code chapter 8F.
If the Contract is subject to the provisions of Iowa Code chapter 8F, the Grantee certifies it
will comply with the requirements of the Iowa Code chapter 8F. The Grantee shall forward
27
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any compliance documentation, including but not limited to certifications, and any
compliance documentation received from subcontractors by the Grantee to the ODCP.
55.Enhancement of Contractor Employee Whistleblower Protections.
41 U.S.C. 4712 states, "employees of a contractor, subcontractor, grantee [or subgrantee]
may not be discharged, demoted, or otherwise discriminated against as a reprisal for
"whistleblowing." In addition, whistleblowing protections cannot be waived by any
agreement, policy, form or condition of employment.
Whistleblowing is defined as making a disclosure "that the employee reasonably believes is
evidence of any of the following:
• Gross mismanagement of a Federal contract or grant;
• A gross waste of Federal funds;
• An abuse of authority relating to a Federal contract or grant;
• A substantial and specific danger to public health or safety; or,
• A violation of a law, rule, or regulation related to a federal contract or grant (including
the competition for, or negotiation of, a contract or grant).
To qualify under the statute, the employee's disclosure must be made to:
• A member of Congress, or a representative of a Congressional committee;
• An Inspector General;
• The Government Accountability Office;
• A federal employee responsible for contract or grant oversight or management at the
relevant agency;
• An official from the Department of Justice, or other law enforcement agency;
• A court or grand jury; or,
• A management official or other employee of the contractor, subcontractor, grantee, or
subgrantee who has the responsibility to investigate, discover, or address misconduct.
The requirement to comply with, and inform all employees of the "Pilot Program for
Enhancement of Contractor Employee Whistleblower Protections" is in effect for all
grants, contracts, subgrants, and subcontracts.
56.Ownership of Deliverables.
Ownership and Assignment of Other Deliverables. The Grantee agrees that the State and
the ODCP shall become the sole and exclusive owners of all Deliverables. Grantee hereby
irrevocably assigns, transfers and conveys to the State and the ODCP all right, title and
interest in and to all Deliverables and all intellectual property rights and proprietary
rights arising out of, embodied in, or related to such Deliverables, including copyrights,
patents, trademarks, trade secrets, trade dress, mask work, utility design, derivative
works, and all other rights and interests therein or related thereto. Grantee represents
and warrants that the State and the ODCP shall acquire good and clear title to all
Deliverables, free from any claims, liens, security interests, encumbrances, intellectual
property rights, proprietary rights, or other rights or interests of Grantee or of any third
party, including any employee, agent, contractor, subcontractor, subsidiary or affiliate of
Grantee. The Grantee (and Grantee's employees, agents, contractors, subcontractors,
subsidiaries and affiliates) shall not retain any property interests or other rights in and to
28
Page 50 of 577
DocuSign Envelope ID: OF20EBOC-3A70-4334-B552-63444237F62A
the Deliverables and shall not use any Deliverables, in whole or in part, for any purpose,
without the prior written consent of the ODCP and the payment of such royalties or other
compensation as the ODCP deems appropriate. Unless otherwise requested by ODCP,
upon completion or termination of this Contract, Grantee will immediately turn over to
ODCP all Deliverables not previously delivered to the ODCP, and no copies thereof shall
be retained by Grantee or its employees, agents, subcontractors or affiliates, without the
prior written consent of the ODCP. To the extent any of Grantee's rights in any
Deliverables are not subject to assignment or transfer hereunder, including any moral
rights and any rights of attribution and of integrity, Grantee hereby irrevocably and
unconditionally waives all such rights and enforcement thereof and agrees not to
challenge the State's rights in and to the Deliverables.
57. Confidentiality, IT Standards, and Security.
a. The Grantee will comply with and adhere to the following the ODCP and State
information technology standards and provide training to Grantee's employees and
subcontractors concerning such standards, procedures and protocols as applicable.
1. Data Backup Standard: Applicable to Grantees which utilize data systems to process,
store, transmit or monitor information essential to the performance of the ODCP
required services.
2. Data Stewardship Standard: Applicable to Grantees which utilize data systems to
process, store, transmit or monitor information essential to the performance of ODCP
required services.
3. Interconnectivity Standard: Applicable to Grantees which utilize data systems to
process, store, transmit or monitor information essential to the performance of ODCP
required services.
4. Laptop Data Protection Standard: Applicable to Grantees which utilize laptops to
process, store, transmit or monitor data essential to the performance of the ODCP
required services or connects to state owned or managed network.
5. Removable Storage Encryption Standard: Applicable to Grantees which utilize
removable storage devices to process, store, transmit or monitor information essential
to the performance of the ODCP required services.
6. Web Application Security Standard: Applicable to Grantees which develop, manage or
utilize state resources including but not limited to websites, data systems, desktop
applications and web based services.
7. Website Accessibility Standard: Applicable to Grantees which develop and maintain
ODCP web pages.
Current state information technology standards are accessible online at.
https://ocio.iowa.gov/home/standards
b. The Grantee will take all precautions and actions necessary to: (i) prevent unauthorized
access to the ODCP's and the State's systems, networks, computers, property, records, data,
and information; and (ii) ensure that all of the ODCP's and the State's documentation,
electronic files, data, and systems are developed, used, and maintained in a secure manner,
protecting their confidentiality, integrity and availability. Grantee agrees that it will not
29
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DocuSign Envelope ID: OF20EBOC-3A70-4334-B552-63444237F62A
copy, reproduce, transmit, or remove any ODCP (or State) information or data without the
prior written consent of the ODCP. Grantee agrees that it shall be liable for any damages,
losses, and expenses suffered or incurred by the ODCP or the State as a result of: (a) any
breach of this section, or (b) any breaches of security (including those described below) that
are caused by any action or omission of Grantee or Grantee's employees, agents and
subcontractors. Breaches of security include, but are not limited to:
1 Disclosure of confidential or sensitive information;
2 Unauthorized access to ODCP or State systems;
3 Illegal technology transfer;
4 Sabotage or destruction of ODCP or State information or information systems;
5 Compromise or denial of ODCP or State information or information systems;
6 Damage to or loss of ODCP or State information or information systems; and
7 Theft.
a. The Grantee shall immediately report to the ODCP any such breach of security. In the
event of a breach of this section or any breach of security as described herein, the ODCP
may terminate this Agreement immediately without penalty or liability to the ODCP and
the State and without affording Grantee any opportunity to cure.
58. Qualifications of Staff.
The Grantee shall be responsible for assuring that all persons, whether they are employees,
agents, subcontractors or anyone acting for or on behalf of the Grantee, are properly
licensed, certified or accredited as required under applicable Federal and State law and the
Iowa Administrative Code. The Grantee shall provide standards for service providers who
are not otherwise licensed, certified or accredited under Federal or State law or the Iowa
Administrative Code.
59.State Agencies and Iowa Regent Institutions.
If the Grantee is a state agency or state of Iowa Regent Institution:
a) Section 49 (Indemnification) and Section 51 (Status of Grantee) shall be of no force
and effect.
b) Section 50 (Warranties) shall be modified to delete the phrase "and warrants" each
time said phrase is mentioned. Additionally, the following sentence shall be deleted
from 50(b): "In addition, Grantee agrees to indemnify, defend, protect and hold
harmless the State and its officers, directors, employees, officials and agents as
provided in the Indemnification section of this Contract, including for any breach of
the representations and warranties made by Grantee in this section."
c) Section 56 shall be modified to add the following sentence: The ODCP and State
agree to provide to Grantee a non-exclusive, royalty -free license to use the
Deliverables for its own research and educational purposes, for the purpose of
complying with this Grant, and for any purpose authorized or required by federal or
state law.
Revised September 1, 2022
30
Page 52 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Drug Control Policy
STANDARD GRANT CONDITIONS CERTIFICATION
Legal Applicant & Program/Project Director
On behalf of, (agency)
waterloo Police Department
I have read, understand, and agree to
abide by the Standard Grant Conditions for the Iowa/Governor's Office of Drug Control Policy
Grant Program.
Quentin Hart
DocuSigned by:
autfitA, ikevit
(Legal Applicant — Print or Type) (Signature Legal Applicant)
(Date)
Joseph Leibold
(Program/Project Director — Print or Type)
(Date)
EjDocuS/igned by:
astr
roan E192314A2
(Signature Program/Project Director)
12/12/2022
12/12/2022
Iowa Governor's Office of Drug Control Policy
STANDARD GRANT CONDITIONS CERTIFICATION
Contract Services (If Applicable)
(contracting agency) has entered into an agreement
with (Legal Applicant) to provide services through a grant
provided by the Office of Drug Control Policy. The applicant agency has provided a copy of
the standard grant conditions. I have read, understand, and agree to abide by the Standard
Grant Conditions for the Iowa/Governor's Office of Drug Control Policy Grant Program.
(Signature Contracting Agency)
(Date)
31
Page 53 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Drug Control Policy
CERTIFIED ASSURANCES
NON -SUPPLANTING
The grantee assures that Federal funds made available under this formula grant will not be used to supplant State
or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds,
be made available for project activities.
MATCHING FUNDS
The grantee assures that matching funds required to pay the non -Federal portion of the cost of each program and
project, for which grant funds are made available, shall be in addition to funds that would otherwise be made
available for criminal justice activities by the recipients of grant funds and shall be provided on a project -by -
project basis.
RECORD KEEPING
The grantee assures that fund accounting, auditing, monitoring, evaluation procedures, and such records as the
Governor's Office of Drug Control Policy shall require, shall be provided to assure fiscal control, proper
management, and efficient disbursement of funds received.
REPORTING
The grantee assures that it shall maintain such data and information and submit such reports in such form, at
such times, and containing such data and information as the Governor's Office of Drug Control Policy may
reasonably require to administer the program.
FINANCIAL AND ADMINISTRATIVE GUIDE
The grantee assures that it will comply with the provisions of the Office of Justice Programs' "Financial and
Administrative Guide for Grants. http://ojp.gov/financialguide/DOJ/index.htm
COMPLIANCE WITH FEDERAL PROCEDURES
The grantee assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative
agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18,
Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of
Identifiable Research and Statistical Information Systems; Part 23, Criminal Intelligence Systems Operating
Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42,
Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland
Protection Procedures.
DUNS/SAM Registration:
The grantee assures that it will register and provide the Governor's Office of Drug Control Policy a Data
Universal Number System (DUNS) number. The recipient shall maintain a current registration with the System
for Award Management (SAM) for the duration of the grant project period.
Recipient Integrity and Performance
The grantee assures that it will comply with any and all applicable requirements regarding reporting of
1
Page 54 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Drug Control Policy
information on civil, criminal, and administrative proceedings connected with (or connected to the performance
of) this award. Under certain circumstances, recipients of federal grant funds are required to report information
about such proceedings, through the federal System for Award Management (known as "SAM"), to the
designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain
civil, criminal, and administrative proceedings to the federal designated integrity and performance system
(currently, "FAPIIS") within SAM are posted on the OJP web site at http://ojp.gov/funding/FAPIIS.htm (Award
condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are
incorporated by reference here.
CERTIFICATION
I certify that the program in this application meets all the requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended; that all the information presented is correct; and the application will comply
with the provisions of the Act and all other Federal laws, regulations, and guidelines. By appropriate language
incorporated in each subcontract or other document under which funds are to be disbursed, the undersigned
shall assure the applicable conditions above apply to all recipients of assistance.
—DocuSigned by:
&Ltu iut, NitF0313AE 192314A2... `D0�23D18AAG8449...
Signature - Project Director Signature - Legal Applicant
DocuSigned by:
Ciast,14,
12/12/2022 12/12/2022
Date Date
2
Page 55 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Drug Control Policy
CIVIL RIGHTS REQUIREMENTS INFORMATION
1. Civil Rights Contact Person:
2. Title/Address:
Abraham Funchess
Director, waterloo Human Rights
620 Mulberry Street
waterloo, IA 50703
3. Telephone Number:
319-291-4441
4. Number of persons employed by the agency responsible for administering this grant:
132
3
Page 56 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Drug Control Policy
US DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS
(Sub -Recipient)
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 67, Section 67.510, participants' responsibilities. The regulations were published as
Part VIII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON FOLLOWING PAGE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in the
certification, such prospective participant shall attach an explanation to this proposal.
Aaron McClelland, captain waterloo Police Department
Name and Title of Authorized Representative
,—DocuSigned by:
attAlik, Nit
s....--ao.52844
12/12/2022
Signature Date
waterloo Police Department
Name of Organization
715 Mulberry, street, waterloo IA 50703
Address of Organization
4
Page 57 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Drug Control Policy
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED
TRANSACTIONS
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"
"person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction
be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by
the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility
of its principals. Each participant may check the Non -procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
5
Page 58 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Dru • Control Polic
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
Grantees Other Than Individuals
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988, 28 CFR Part 67, Subpart F.
The regulations, published in the May 25, 1990 Federal Register, require certification by grantees, prior to award, that they will
maintain a drug -free workplace. The certification set out below is a material representation of fact upon which reliance will be
placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for
suspension of payments, suspension or termination of grants, or government wide suspension or debarment (see 28 CFR Part 67,
Sections 67.615 and 67.620).
The grantee certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees
for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about --
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the
employee will --
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction.
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted --
(1) Taking appropriate personnel action against such an employee, up to and including termination;,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b),
(c), (d), (e) and (0.
Place(s) of Performance: The grantees shall insert in the space provided below the site(s) for the performance of work done
in connection with the specific grant (street address, City, County, State, zip code):
city of waterloo, Black Hawk county, Iowa
waterloo Police Department
Organization Name
Aaron McClelland, captain
et.taRivtiVivdeglitle of Authorized Representative
aattilA, tka)1
12/12/2022
D0525D78AAC8449...
Signature Date
6
Page 59 of 577
DocuSign Envelope ID: OF2OEBOC-3A70-4334-B552-63444237F62A
Iowa Governor's Office of Drug Control Policy
CERTIFICATION REGARDING LOBBYING
Each person shall file the most current edition of this certification and disclosure form, if applicable, with each
submission that initiates agency consideration of such person for an award of a Federal contract, grant, or
cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
(2) If any non -Federal funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, mber of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in c rtion with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall initial here and complete and submit Standard Form #
LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Forms are available from the
Governor's Office of Drug Control Policy.)
(3) The undersigned shall require that the language of this certification be included in the award documents
for all sub -awards at all tiers and that all sub -recipients shall certify and disclose accordingly.
waterloo Police Department
715 Mulberry street
waterloo IA 5070
3
Aaron Mcclelland, captain
Name and Address of Organization Name of Authorized Individual
DocuSigned by:
L
.ttUtfib&, C1av? 12/12/2022
DO'29D78AAC8a49
Signature and Date
Revised May 20, 2021
7
Page 60 of 577
CITY OF WATERLOO
Council Communication
Resolution approving submission of Pauline R. Barrett Charitable Foundation Grant application in the amount
of $500,000.00 for the Transforming Gates and Byrnes Parks Project.
City Council Meeting: 1/3/2023
Prepared: 12/22/2022
ATTACHMENTS:
Description Type
❑ BarrettApplication Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Neighborhood Impact:
Resolution approving submission of Pauline R. Barrett Charitable
Foundation Grant application in the amount of $500,000.00 for the
Transforming Gates and Byrnes Parks Project.
Submitted By: Paul Huting, Leisure Services Director
Recommend approval.
This grant would help fund elements of the Gates Park Master Plan and the
Aquatics Master Plan as presented at the January 31, 2022 Council Work
Session.
This project will have a major positive impact on neighborhoods surrounding
Gates and Byrnes Parks.
Expenditure Required/Source of Matching CIP funds in the amount of $4,500,000.00 have been approved by
Funds: Council Resolution. $13 million is being raised through a wide variety of
grants and gifts. The current funding gap is just over $4 million.
Page 61 of 577
THE PAULINE R. BARRETT CHARITABLE FOUNDATION
GRANT APPLICATION COVER SHEET
(For Grants over $25,000)
Legal name of organization applying: City of Waterloo Leisure Services Commission
(Should be same as on IRS determination letter and as supplied on IRS Form 990)
Year Founded: Incorporated 1868 Current Operating Budget: $9,301,003
Executive Director: Paul Huting Phone number:_319-291-4370
Contact person/title/phone number (if different from executive director): Same
Address (principal/administrative office): 1101 Campbell Avenue
City/State/Zip: Waterloo, Iowa 50701
Fax Number: 319-291-4297 E-mail:_paul.huting waterloo-ia.arg
List any previous support from Pauline R. Barrett or this Foundation in the last 5
years: none
Project Name:_ Transforming Gates and Byrnes Parks
Purpose of Grant: The project is to remove two fai ling outdoor swimming pools at
Byrnes and Gates parks, and to construct 1) An array of transformative
improvements at Gates Park as identified by a stake holders focus group and 2) A
new aquatic center at Byrnes Park.
Dates of the Project: Construction would begin in Gates Park in the spring of 2023.
The Byrnes Pool project would begin late summer of 2023 with total project
completion planned for summer of 2024.
Amount Requested:$ 500,000
Total Project Cost: $ 17,494,519
Geographic Area Served: The entire City of Waterloo and surrounding area.
Dated: January 3, 2023
Signed By:
Title: _Paul Huting, Leisure Se vices Director
Page 62 of 577
Executive Summary: The City of Waterloo Leisure Services Commission is
launching an exciting campaign to transform Waterloo's two "anchor parks".
Major improvements are planned for Gates Park and Byrnes Park.
Swimming pools at both parks are failing. A recent aquatics master plan process
with public input has resulted in City Council endorsement of comprehensive
improvement project to include a multi -faceted renovation of Gates Park and a new
outdoor aquatic center at Byrnes Park.
Features planned for Gates Park include a splash pad, inclusion park,
amphitheater, lighted basketball courts surrounded by a skating track, sculpture
garden with pollinator plantings, renovated soccer field, and more. It is estimated
that $8 million would be invested to completely transform this park.
At Byrnes Park the pool would be replaced by a new aquatic center featuring a
lazy river, slide tower, 4-lane 25-yard lap pool, zero depth entry pool with play and
instructional area. Also included would be a new bathhouse and mechanical
building. The investment at Byrnes would be approximately $8-9.5 million.
Purpose of Grant: Waterloo's outdoor aquatic facilities at Gates and Byrnes
Parks were constructed over 40 years ago and have been determined to be beyond
their useful life span, according to the Waterloo Aquatics Master Plan prepared by
Ballard King and Associates (171 page document available upon request). It is
imperative that Waterloo Leisure Services build new aquatic facilities in order to
continue providing life-saving learn to swim programs and afford area residents
summer recreational swim opportunities.
The Ballard King plan has also identified a need to revitalize Gates Park with a
broad array of new facilities (mentioned above) as recommended by meetings with
a Gates Park Focus Group, public surveys, and consultation with the Gates Park
Neighborhood Association.
The requested of $500,000 grant from Pauline R. Barrett Charitable Foundation
would be used to help fund improvements at Gates Park or Byrnes Park. The
Foundation Board could direct funding to a specific feature or features with
naming opportunities if so desired. This grant would also help greatly to meet a
challenge by the State of Iowa to raise another $750,000 in order to be offered
a $lmillion CAT grant contract.
Page 63 of 577
Partnerships: The Leisure Services Commission is enlisting many other partners
in this project. A grant application for $6.5 million has been approved by the Black
Hawk County Gaming Association Board. A request for funding totaling $4.5
million over 2 years in the City of Waterloo Capital Improvements Program has
been approved by Waterloo City Council. The McElroy Trust Board approved a $1
million grant and the Otto Schoitz Foundation has approved a $1 million grant.
The Cedar Valley Community Foundation recently awarded $100,000 Mission
Fulfillment Grant and the Max and Helen Guernsey Charitable Foundation has
awarded a $100,000 grant. . A dedicated fund for grass roots project donations has
been established at the Waterloo Community Foundation, with initial gifts of
$10,000 from the VGM Employees Fund and $15,000 from the Waterloo
RAGBRAI Committee. In addition, the Young Family Foundation initially helped
fund the development of the Gates Park Master Plan and have recently pledged
another $100,000 for Gates Park Improvements. Grants are currently being sought
from the Van G. Miller Family Charitable Trust, John Deere Foundation and
Tyson Foods.
Timetable: The planned timetable for this project is for groundbreaking in the
spring of 2023 at Gates Park and completion of the entire project at Gates and
Byrnes Parks by summer of 2024.
Long term funding strategy: Long term funding for the project maintenance and
programming will be included within the Leisure Services Commission operating
budgets.
Evaluation: The success of this project will be defined by the number of people
participating in the use of the many new facilities planned. Leisure Services has
baseline data specific to participants in swimming programs that will be compared
to the usage numbers at the new aquatic center. The new facilities at Gates Park
will be free and open to the public with less opportunity for statistical comparisons.
However, events and tournaments will be tracked.
Page 64 of 577
GRANT BUDGET FORMAT
A. Organizational fiscal year: Time period this budget covers:
B. For a CAPITAL request, substitute your format for listing expenses. Including
architectural fees, land/building purchase, construction cost, campaign expenses.
Budget Expense Items (Capital Project)
Cost
Real Estate Acquisition
$-o-
Site Preparation
$ 2,545,347
Construction/Remodeling
$ 9,366,660
Fixtures/Furniture/Equipment
$ 695,957
Public Art & Landscaping
$ 518,180
Architectural/Engineering Design
$ 1,380,225
Construction Administration/Permits
$ 1,729,684
Contingencies
$ 1,258,466
TOTAL PROJECT COSTS
$17,494,519
Funding Sources
Amount
City
$4,500,000
County
$ 50,000
Private
$ 132,028
Grants
$8,800,000
Subtotal
$13,482,028
State CAT Request (pending)
$ 1,000,000
Fundraising Gap
$ 3,012,491
TOTAL PROJECT COST
$17,494,519
Page 65 of 577
Organization Information:
The City of Waterloo Leisure Services Commission was created in 1998, replacing
the former Waterloo Park Commission. This organization is part of the City of
Waterloo, incorporated in 1868.
WATERLOO LEISURE SERVICES
2022 COMMISSION MEMBERS
Brenda Durban, Chair
Tom Christensen, Vice Chair
Jessica Rucker, Secretary
Bob Bamsey
Tom Powers
Tim Moses
Ellen Vanderloo
Dave Boesen, City Council Liaison
Paul Huting, Leisure Services Director
MISSION STATEMENT
The City of Waterloo Leisure Services Commission is dedicated to improving the
quality of life for all citizens by providing the best possible recreational activities,
special events, facilities, and services that encourage lifelong learning, fitness and
fun. The Commission strives to provide an enjoyable outdoor environment with
top quality parks, preserves, golf courses, recreational trails, and a healthy urban
forest resource.
IRS determination letter: Attached.
Finances: November, 2022 department Budget Performance Report summary
page is attached. The detailed, 20 page report is available upon request.
Page 66 of 577
Ihternw Revenue Service
Mato: March 24, 2003
City of Waterloo • •
Finance Department
715 Mulberry St.
Waterloo, IA 50703.5714
Dear Sir or Madam:
Depm tin nt of the Treasury
P. O. Box 2606
Cincinnati, OH 45201
Person to Contact;
Cassandra F. Jackson 31•074'17
Customer Service Representative
Toll Free Telephone Number;
Ff:UD ami. to OM p.m. EST
877-•820-5500
Fax Number;
513-263-3756
Ernplayor identification Number:
42-6005327
This Is in response to your request of March 24, 2003 regarding your organization's exemption
from Federal Income tax,
As a governmental unit or a political subdivision thereof, your organization is not subject to
Federal income tax under the provisions of section 11 a(1) of the Intui real ReUr;ii 1 iie Cr,ido, which
states In part:
"Gross Income does not include Income derived from .., the
exeroise of any essential governmental function and accruing
to a State or any political subdivision thereof ..."
Because your organization is a governmental unit or a political subdivision thereof, its Income Is
not taxabis as explained above. Contributions used exclusively for public purposes are deductible
under Section 170(c)(1) of the Code.
Your organization Is not liable for the tax imposed under the Federal Unemployment Tax Act
(FUTA).
Your organization may obtain a letter ruling on Its status under section 115 by following the
procedures specified fn Rev. PrOG, 2002-1 or Its successor,
If you have any questions, please call us at the telephone number shown in the heading of thls
letter.
Sincerely,
ittpLi 41v--r
for John E, Ricketts, Director, TE/GE
Customer Account Services
Page 67 of 577
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Page 68 of 577
(Lr111\ , COMMUNITY
FOUNDATION
01' NORTHEAST IOWA
()tote Bow �ooc�.
July 11, 2022
Alaina Santizo
Iowa Economic Development Authority
Enhance Iowa Board
Des Moines, IA 50315
Dear Alaina and Enhance Iowa Board:
The Community Foundation of Northeast Iowa is writing in support of the City of Waterloo's
renovations of Gates and Byrnes Parks. Completion of these projects will be a significant
improvement to the quality of life for the residents of Waterloo and its surrounding communities.
We are particularly pleased with the thoughtful planning of these projects to ensure they are
addressing the community's needs, both immediately and for the long term. We applaud the
extensive efforts to ensure that a wide range of community voices were heard in the planning
process. There are a number of notable features of the plans that are worth highlighting. For
starters, the addition of the inclusive play space will be a welcome addition to the greater Cedar
Valley. We are also excited about the amenities at Gates Park being available for extended hours
and throughout the seasons for the neighborhoods surrounding the park in East Waterloo.
In addition to the outstanding park plans themselves, the planning team has been diligent in
making sure the project can be feasibly completed and maintained over the decades to come. In
fact, the extensive improvements to the parks will actually reduce operations costs from the current
park system.
As a regional Foundation, we are committed to securing funding to support this project. We
encourage the Iowa Economic Development Authority, and the Enhance Iowa Board to strongly
support this critical improvement for the Cedar Valley. We are confident that these important park
improvements will be another message to our residents and its many visitors that Waterloo, and
the entire Cedar Valley is committed to improving the quality of life for all of its residents as we
move to be a more inclusive and welcoming Cedar Valley.
If y
Kaye
Presiden
ve any questions, or need further input and feedback, please don't hesitate to contact me at
.or or at 319-243-1350.
3117 Gr -e gill Circle, Cedar Falls, Iowa 50613 1 TEL 319-287-91061 FAX 319-287-5015 Icfneia.org
Confirmed in Compliance with National Standards for U.S. Community Foundations
Page 69 of 577
0 r C I -IA.. C0I.l'W'i Y
GAIN ASSOCAT
Alaina Santizo
Iowa Economic Development Authority
Enhance Iowa Board
Des Moines, IA 50315
July 11, 2022
Dear Alaina Santizo,
The City of Waterloo has faced its fair share of challenges, but it's incredibly resilient and
innovative. The Byrnes and Gates Park Improvement Project is a prime example of how they are
working to create solutions that address a multitude of community needs; it is a chance to unite
a city often divided. Adding basketball courts, an inclusive playground, splashpad, and
recreation trail to Gates Park will increase community pride in an area that has been long
overlooked. In turn, this will increase quality of life and the housing market in one of our oldest
parts of town. On the West side of town, Byrnes Park houses an important community pool that
is failing. A massive overhaul would make it a safer facility, while allowing the city to
strategically enhance and offer additional recreation features not currently featured.
I am proud to share this letter in support of the City of Waterloo's Byrnes and Gates Park
Improvement Project for funding consideration from the FY23 Community Project Funding.
This $16 million project has support from the larger community, and as Executive Director of
Black Hawk County Gaming Association, I foresee our organization supporting the project with a
substantial financial commitment to help make it. I am proud of the City's effort at transforming
Byrnes and Gates Parks and ask the Iowa Economic Development Authority to financially
support the project, too.
Respectfully,
Emily Hanson
Executive Director
Page 70 of 577
otto SCHOITZ
FOUNDATION
425 Cedar Street, Suite 304
Waterloo, Iowa 50701
Alaina Santizo
Iowa Economic Development Authority
Enhance Iowa Board
Des Moines, IA 50315
July 12, 2022
Dear Ms. Santizo,
I am writing to express my exuberant support of the City of Waterloo's Byrnes and Gates Park
Improvement Project for funding consideration from the FY 23 Community Project Funding. Indeed, our
entire community is rallying behind these important and drastically needed improvements.
Waterloo's two municipal swimming pools are over 4o years old and failing. A master plan has been
developed, broad and inclusive community input has been sought and received, and the transformational
design work has begun. When the work is complete a new aquatic center at Byrnes Park will meet
community needs for water -based recreation and learn to swim programs. This facility will renew aquatic
offerings to include optimal space for swim lessons and lifeguard training, while also creating exciting
new recreational opportunities with a fully accessible, zero -depth area for families and kids of all abilities,
splash features, a current channel, and water slides.
The transformation of Gates Park has the potential to revitalize an area of our City that heretofore has
not seen this level of focused investment. Key features have been identified through public input from a
focus group and neighborhood association, which has created much excitement and engagement. New
features will include a spray park, inclusion park, well -lit, attractive basketball courts surrounded by a
skating track and performance structure, all to be located near the current swimming pool site. An
existing soccer field will be renovated. Also planned are a large sculpture park and pollinator/prairie
planting and trails connecting to the lower portion of the Park. The excitement is palpable for these
improvements!
The project has already received substantial commitments from several area funders, including the Otto
Schoitz Foundation who has committed $1 million towards this thrilling work. I respectfully request the
Iowa Economic Development Authority to join us by lending their financial support also. Thank you in
advance for your consideration.
Sincerely,
t.—
Michele (Shelli) Panicucci
CEO/Executive Director
Otto Schoitz Foundation
Page 71 of 577
September 30, 2022
This letter is written in support the Aquatics Project for the Gates Park Area. As lifelong residents of this
community we fully support this project. These changes will greatly improve the value in our community
for years to come.
The Gates Park Area will greatly benefit from the proposed changes. We understand that the plan
includes this space being equipped with an all-inclusive playground, walking trails, an enhanced splash
pad, improved basketball courts, skating rink, and amphitheater.
Although we acknowledge that change can be uncomfortable, we also know that change is necessary for
growth. We are excited to see the development in the Northeast end of Waterloo. And we look forward
to the future changes.
Respectfully submitted,
itu
Camarion Turner and Angela Weekley
Gates Park Neighborhood Association
Page 72 of 577
WATERLOO
COMMUNITY
FOU\DATIO\
July 11, 2022
Alaina Santizo
Iowa Economic Development Authority
Enhance Iowa Board
Des Moines, IA 50315
Dear Alaina Santizo:
I am writing on behalf of the Waterloo Community Foundation to show my support for the
project to revitalize Gates and Byrnes Parks in Waterloo, Iowa. This grant would allow the city of
Waterloo to transform its largest and most essential parks providing recreation and community
life for the citizens of Waterloo.
Byrnes' Park plan will replace its outdated pool with a brand new aquatic center, which includes
a lap pool, lazy river, and zero depth entry play pool to replace its outdated facilities. The Gates
Park plan will include a spray pad, inclusive playground, basketball courts, skating rink, and
performance stage.
Each plan was thoughtfully designed with input from the community and surrounding
neighborhoods. This 16-million-dollar project will upgrade the city's two major parks providing
residents with beautiful places to gather and play.
In partnership with the City of Waterloo, the Waterloo Community Foundation set up a new
fund where anyone can donate to the renovation of Gates and Byrnes' Parks. We are committed
to marketing the Fund- and managing donations for the parks' renovations.
The Transformation of Gates and Byrnes Parks project by the City of Waterloo has our full
support. If you have any additional questions, please feel free to contact me at 319-883-6022.
Thank you!
Erin Tink
Executive Director
PC) Box 1253 • Waterloo, IA 50704. 319.883.6022
wwwwloocomrnu nitafoundatio n. o tg
�14.16.4Ar limimmipPage 73 ot.57,7
Mayor
QUENTIN
HART
CITY OF WATERLOO, IOWA
Leisure Services Commission
1101 Campbell Avenue. • Waterloo, IA 50701 • Phone (319) 319-291-4370 • Fax (319) 291-4327
July 14, 2022
Alaina Santizo
Iowa Economic Development Authority
Enhance Iowa Board
COUNCIL Des Moines, IA 50315
MEMBERS
MARGARET
KLEIN
Ward 1
JONATHAN
GRIEDER
Ward 2
PATRICK
MORRISSEY
Ward 3
JEROME
AMOS, JR.
Ward 4
RAY
FEUSS
Ward 5
SHARON
JUON
A! -Large
DAVE
BOESEN
At -Large
Dear Alaina and Enhance Iowa Board:
This letter is to express my strong support for the City of Waterloo's development of a new
aquatics center at Byrnes Park and new basketball courts, inclusive playground, large
splash pad, recreational trail, soccer field renovation, and other amenities at Gates Park.
Currently I serve as Chair of the Waterloo Leisure Services Commission and in that
capacity I see firsthand the need for these amenities. The truth is our Leisure Services staff
has worked very hard to keep Byrnes and Gates existing pools and amenities functioning
far beyond their expected life span. Now we are in need of replacing them. Community
input was sought and the plan that has been developed will serve all citizens and visitors no
matter where they live or what their abilities are. These amenities were developed to
accommodate citizens of today as well as tomorrow.
As a citizen of Waterloo and in my capacity as a member of the Leisure Services
Commission, I am excited about and proud to support this important project. Being able to
provide a wide variety for the community and our visitors is part and parcel to Leisure
Services Mission below:
MISSION STATEMENT
The City of Waterloo Leisure Services Commission is dedicated to improving the quality of
life for all citizens by providing the best possible recreational activities, special events,
facilities, and services that encourage lifelong learning, fitness and fun. The Commission
strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf
courses, recreational trails, and a healthy urban forest resource.
The Transforming Gates and Byrnes Parks Project will greatly enhance our ability to fulfill
this mission. On behalf of myself and the Commission, I urge you to support our
application.
Sincerely,
Brenda Durbahn, Chair
Waterloo Leisure Services Commission
City of Waterloo, Iowa
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Page 74 of 577
July 13, 2022
Alaina Santizo
Iowa Economic Development Authority
Enhance Iowa Board
Des Moines IA 50315
Dear Alaina & Iowa Economic Development Authority,
I am writing on behalf of the Waterloo Center for the Arts and the Waterloo Cultural & Arts
Commission to express support for proposed recreational and cultural projects in Waterloo's
Gates and Byrnes Parks. These projects represent critically needed investments in facilities
and quality of life which will have immediate and long-lasting direct positive impacts for our
citizens and which will support our local economy by making Waterloo an even better place
to live, work, do business, play and visit.
As a life-long resident of the Cedar Valley and a passionately -engaged public servant, I
can attest to the great need for this project and the important role these two parks and their
facilities play for our citizens. Such improvements are long overdue and are essential for
our community to remain viable and to grow.
And as an advocate for community arts and culture, I am excited to be working as part of
a community initiative to develop a local music history -based interpretive experience,
incorporating public art and a musical instrument playground. Project partners include
representatives from the University of Northern Iowa, North End Arts & Cultural Festival/
Center, Grout Museums and City of Waterloo. The initiative is planned to dovetail with and
expand upon other planned recreational improvements, further enhancing the overall project.
We strongly encourage you to consider supporting this exciting and important project to the
fullest extent possible.
Sincerely,
Kent Shankle, Director
waterloo renter for the arts
225 Commercial Street Waleiloo, Iowa 50701 !Phone 310.291.4490 Fax 319.201. l270 i vww,walerloocenlei foi Ihearts.oig
Page 75 of 577
CITY OF WATERLOO, 1OWA
CITY HALL • 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4301 Fax (319) 291-4286
July 11, 2022
Alaina Santizo
Iowa Economic Development Authority
Enhance Iowa Board
Des Moines, IA 50315
Dear Ms. Santizo:
We proudly support that Waterloo is trying to improve both Gates Park and Byrnes Park with a number
of improvements and amenities. The community is supporting the development of a new aquatics center
at Byrnes Park and new basketball courts, an inclusion park, a large splash pad, a new recreational trail,
and other amenities at Gates Park.
The proposed new aquatics center and park amenities are the result of much collaboration with
neighborhood representatives, city officials, landscape architects, and Waterloo citizens.
We fully support the proposed improvements at Gates and Byrnes Park that the City Council has
unanimously endorsed.
Sincerely,
Quentin Hart
Mayor
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU
An Equal Opportunity/Affirmative Action Employer
Page 76 of 577
LEISURE SERVICES COMMISSION
FYE2022 REPORT
Leisure Services
Paul Huting, Director
PARK AND CONSTRUCTION PROJECTS »>
• Completed Greenbelt Lake Improvements
(REAP Grant): accessible fishing pier, new concrete handicap
Parking stalls and sidewalk, fishing access improvements,
5 acre pollinator planting.
• Replaced safety surfacing at 10 playground areas.
• Applied for and received Community Development
Block Grant funding for developing a new park at
The former Edison School site.
• Opened new Edison Park with new sign and picnic tables.
• Removed many tons of rock, filled with black dirt,
Re -graded and seeded new Edison Park site.
• Replaced SE and SW roofs at Young Arena
• Refurbished 7 park entrance signs at Leonard
Katoski Greenbelt
• Installed new paving and underground water detention basin at Byrnes
Maintenance facility.
• Saved and relocated dozens of limestone blocks from Park Avenue Bridge project site.
• Remodeled women's locker room and staff break room - Waterloo Police station.
POINTS OF PRIDE
Cedar Valley SportsPlex
voted 1st place in
Courier "Best of the
Best" for cedar valley
fitness facilities.
Over $13 million funding
secured in FYE 22 for
"Transforming Gates
and Byrnes Parks" with
design process begun.
RECOGNITIONS »>
• Cedar Valley SportsPlex Awarded 1st Place for "Best of the Best" in the Cedar Valley
(WCF Courier) for fitness facilities.
• Received "Bird Friendly City" award and now the "Sustained Flight" status as this is the
4m year in a row to receive the award. This is largely due to a partnership with Prairie
Rapids Audubon Society.
• Received "Tree City USA" Award" for the 38th year in a row for the city's commitment
to urban forest management.
Page 77 of 577
HORTICULTURE AND FORESTRY »>
• Mowed and maintained 1353 acres of park, levee, and r.o.w. areas.
• Managed Waterloo's urban forest of 24,331 trees.
• Trimmed 974 trees on city property
• Removed 273 trees on city property.
• Treated 29 ash trees for EAB prevention.
• Removed 339 tree stumps on city property
• Obtained tree planting grant from Mid -American Energy
• Distributed 208 trees through Plant Waterloo! Partnership with Young Family
Foundation
• Responded to dozens of storm related emergency calls after hours.
• Planted 36 trees in new tree planting pits in the downtown area.
• Continue to partner with Cedar Valley Monarch Zones to convert public areas to
Pollinator plantings.
• Worked with Walnut Neighborhood Association to plant 95 trees in their neighborhood
with a grant from Northeast Iowa Community Foundation.j
• Removed trees to facilitate bridge replacements on Sergeant Road Trail.
GOLF »>
71,418 golf rounds in FY 22
Increased season ticket sales in adult, junior, senior, and 18-hole punch categories.
Installed new $56,000 irrigation control systems at Gates and South Hills golf courses.
• Connected Gates and South Hills maintenance buildings to the Internet, including new
computers at each location.
Installed new vanities, sinks, and faucets in both restrooms at Iry Warren
• Hosted a successful 2022 Waterloo Open with 347 Professional and Amateur Golfers
from across the United States.
• Began work on developing a new website.
Page 78 of 577
Cedar Valley SportsPlex and Community Sports Programming »>
• Awarded 1st Place for "Best of the Best" in the Cedar Valley (WCF Courier) for fitness
facilities.
Increased senior memberships to SportsPlex through a variety of
insurance based programs including Silver and Fit, Silver Sneakers, and
Renew Active with over 800 seniors currently being served through these
programs.
Increased swim lesson program participation by 11%
Renewed partnership with Waterloo Community Schools to provide basic
swim instruction and water safety through the 6th-8th Grade extramural
swim program.
Successfully introduced a similar swim instruction program as a summer
pilot program with Boys & Girls Club of the Cedar Valley.
Introduced several new youth sports programs including karate, tumbling, and dance.
2022 USSSA Baseball and Softball had a record 53 teams from across the state
participating in the league.
Increased availability and offerings of Fitness Classes to over 75 classes
per week including addition of a kids' circuit and speed & agility classes.
Facility rentals increased by 50% with an average if 25 private rentals
utilizing the pool, gymnasium, indoor play and multi -purpose room.
Launched first ever Cedar Valley SportsPlex Pump and Run and hosted one
of the largest health expos in the Cedar Valley.
Installed more than 50 new pieces of cardio and weight equipment at
SportsPlex
Installed a more energy efficient boiler system for the indoor swimming
pool.
Hosted numerous weekend tournaments (soccer, volleyball, basketball,
gymnastics, etc.) drawing competitors from all over the state. $3.5 million
total estimated economic impact.
• Home to the Cedar Valley Court Kings of the Midwest Professional Basketball League.
• Organized and implemented a broad spectrum of indoor and
outdoor sports, fitness, aquatics and recreation programs
throughout the community in parks, schools, and Leisure Services
sports facilities.
Page 79 of 577
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Page 90 of 577
Pauline R. Barrett Charitable Foundation Grant Application Form
Dear Nonprofit Agency: Please utilize the following in making your grant request.
Please provide all of the requested information or an explanation as to why the
information is not available. Should you fail to do so, your grant request may be
delayed for submission until you have provided the requested information. Should
you need assistance, or have questions or concerns, please contact Theresa E.
Hoffman or Beth Kunkle at (319) 234-1766.
GRANT APPLICATION FORMAT
�Y. Executive Summary
• Begin with a short executive summary. Briefly explain why your agency
is requesting this grant, what outcomes you hope to achieve, and how you
will spend the funds if the grant is made.
Purpose of Grant
• Statement of needs/problems to be addressed; description of target
population and how they will benefit, which should include project goals,
measurable objectives, whether this is a new or ongoing project, timetables,
whether there are the other partners in the project, acknowledge similar
existing projects, if any, and what effort will be made to work cooperatively
and your long-term strategies for funding this project at end of grant period,
if ongoing.
A. Evaluation
• Plans for evaluation including how success will be defined and measured.
Budget Narrative/Justification
• Grant budget; use the Grant Budget Format that follows, if appropriate.
• List amounts requested of other foundations, corporations and other
funding sources to which this proposal has been submitted.
• Please indicate priority items in the proposed grant budget.
Organization Information
• Brief summary of organizations history.
• Brief statement of organizations mission and goals.
A copy of the current IRS determination letter indicating 501(c)(3)
tax-exempt status.
�7. List of Board of Directors
V/8. Finances - Organizations current annual operating budget, including
expenses and revenue and most recent annual financial statement (attach Form
990) and
V 9. Letters of support (optional) should verify project need and collaboration
with other organizations - A tt ac k J "C''° CRT . 6,v n t a pp I: «f'd
v 10. Annual report, if available.
(' I. owe r PO � ^ S � � de
Page 91 of 577
CITY OF WATERLOO
Council Communication
Resolution awarding bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $523,353.00, in
conjunction with the South Street and West 9th Street Mini -Roundabout, Iowa DOT Grant Project No. CS-
TSF-8155(777)--85-07, approving the contract, bond and certificate of insurance, and authorizing the Mayor
to execute said document.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
❑ Bid Tabulation Backup Material
❑ Contract Backup Material
SUBJECT:
Resolution awarding bid to Lodge Construction, Inc., of Clarksville, Iowa,
in the amount of $523,353.00, in conjunction with the South Street and West
9th Street Mini -Roundabout, Iowa DOT Grant Project No. CS-TSF-
8155(777)--85-07, approving the contract, bond and certificate of insurance,
and authorizing the Mayor to execute said document.
Submitted by: Submitted By: Mohammad Elahi, Interim Traffic Operations Director
Recommended Action: Award Contract
Expenditure Required/Source of$523, 353.00
Funds: ($377,000 grant the remainder $146,353.00 G.O. bond funds)
Page 92 of 577
W. 9th Street Mini -Roundabout
Engineer's Estimate: $495,000.00
Bid Opening: December 15, 2022
Bidder
Bid Security
Bid Amount
Vieth Construction Corporation
Cedar Falls, IA
°
5 /°
$635,1212.00
Lodge Construction, Inc.
Clarksville, IA
5%
$523,353.00
Peterson Contractors, Inc.
Reinbeck, IA
5%
$560,398.20
Owen Contracting, Inc.
Cedar Falls, IA
5%
$543,619.56
Page 93 of 577
CONTRACT
FOR THE CONSTRUCTION OF
SOUTH STREET AND WEST 9TH STREET MINI -ROUNDABOUT
DOT Project Number: CS-TSF-8155(777)--85-07
City Project Number: TOF-297
CITY OF WATERLOO, IOWA
This contract made and entered into this() day of bQLf,\ li , 2022, by and between the City of
Waterloo, Iowa, a Municipal Corporation, (hereinafter referredtoas City), and
Lade.(Orljr'uc' oy‘ L Inc.• of Mr -Kw' llDlfl) (hereinafter referred to as Contractor),
WITN Lade.
Contractor agrees to build and construct the SOUTH STREET AND WEST 9TH STREET MINI -ROUNDABOUT, and
furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and
specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was
accepted by the City, and which is understood and agreed to be a part of this contract.
Contractor understands, agrees with, and is bound by the terms of General Conditions of Contract and Special
Conditions of Contract contained in the Contract Documents (Project Manual).
The total amount of the erformance bond, based on the Contractor's total bid prices, and for which 100% suret
bond is required is $ 00
This contract is not divisible, but in the event of a conflict between this contract and the various instrument
incorporated by, reference W ccon9+act shall govern.
Contractor
p,I /��
BY: 3 Il Ve Locke
Title: fl(fSiCIP
CITY OF WATERLOO, IOWA
Mayor
Approved by the City Council of the City of Waterloo, Iowa, on , 2022.
ATTEST: , City Clerk, Waterloo, Iowa
Page 94 of 577
CITY OF WATERLOO
Council Communication
Resolution approving Acknowledgment/Settlement Agreement -First Violation for Hy-Vee Food Store No. 2,
2221 Logan Avenue, Waterloo, Iowa 50703, Tobacco Violation, and accepting check for civil penalty of
$300.00.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description
Order Accepting Acknowledgment/Settlement
Agreement -First Violation
o
SUBJECT:
Submitted by:
Recommended Action:
Type
Cover Memo
Resolution approving Acknowledgment/Settlement Agreement -First
Violation for Hy-Vee Food Store No. 2, 2221 Logan Avenue, Waterloo,
Iowa 50703, Tobacco Violation, and accepting check for civil penalty of
$300.00.
Submitted By: Martin M. Petersen, City Attorney
Approve Acknowledgment/Settlement Agreement and receipt of Civil
Penalty of $300.00, and have Mayor and City Clerk execute Order accepting
same.
Page 95 of 577
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
HY-VEE FOOD STORE #2 ORDER ACCEPTING
2221 LOGAN AVENUE ACKNOWLEDGMENT/SETTLEMENT
WATERLOO, IOWA 50703 AGREEMENT —FIRST VIOLATION
On this day of January, 2023, in lieu of a public hearing on the matter, the
Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between
the above -captioned permittee and the City of Waterloo.
Therefore, the Waterloo City Council FINDS that the above -captioned permittee has
remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars
($300.00). Be advised that this action will count as a First Violation of Iowa Code Section
453A.2(1), pursuant to Iowa Code Section 453A.22(2)(a).
IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied.
Mayor Quentin Hart
ATTEST:
Kelley Felchle, City Clerk
Page 96 of 577
Page 97 of 577
CITY OF WATERLOO
Council Communication
Motion to approve Final Quantity Summary, in conjunction with the FY 2023 Levee Rip Rap Spraying,
Contract No. 1065, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
ATTACHMENTS:
Description Type
❑ Cont 1065_F Q S Backup Material
SUBJECT:
Submitted by:
Summary Statement:
Motion to approve Final Quantity Summary, in conjunction with the FY
2023 Levee Rip Rap Spraying, Contract No. 1065, and authorizing the
Mayor and City Clerk to execute said document.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
There was one approved change order for $1,200.00 that increased the total
cost of the contract but individual items did not increase.
Page 98 of 577
CITY OF WATERLOO, IOWA
FINAL QUANTITY ADJUSTMENT
PROJECT: F.Y. 2023 LEVEE RIP RAP SPRAYING
CONTRACT NO. 1065 Date Prepared: Decernber9, 2022 AMOUNT: $0.00 INCREASE
TO: LANDMARK TURF SERVICES, LLC , Contractor
You are hereby ordered to make the following changes from the plans and specifications or perform the
following extra work on your contract dated June 6, 2022.
A. Description of change to be made or extra work to be done:
Adjust construction quantities to actual construction quantities
B. Reason for ordering change or extra work:
As-bufft quantifies varied for some bid items.
C. Settlement for cost of work to be made as follows:
Compensation already made to contractor through bid items.
See attached summary.
TOTAL INCREASE $0.00
BY: LANDMARK TURF SERVICES, LLC
Mayor Date CONTRACTOR
ATTEST:
City Clerk
r
BY: \,-,./., ON.t-A)
TITLE:
1 al kf'l la,
Date
Date APPROVED:
ity Engineer
D. to
Final Qty Adjustment
Contract No. 1065
Sheet 1 of 2
Page 99 of 577
FY 2023
CONTRACT
LEVEE RIP RAP SPRAYING PAY ESTIMATE # RETAINAGE
NO. 1065 PAY PERIOD: 30 DAYS AFTER ACCEPTANCE
ITEM
NO.
ITEM DESCRIPTION
UNIT
ORIGINAL
BID QTY
FINAL
QTY
QUANTITY
DIFFERENCE
CONTRACTOR
UNIT PRICE
REVISED
CONTRACTOR
PRICE
CONTRACTOR
BID PRICE
EXTENDED
INCREASE/
DECREASE
1
_
CEDAR RIVER - 2300 FEET WEST OF CEDAR BEND PARK TO CEDAR BEND PARK
LS
1.00
1.00
-
$ 1,002.00
$ 1,202.00
$ 1,202.00
$ -
2
CEDAR RIVER - CONGER STREET TO 78 FEET SOUTH OF CN RAILROAD BRIDGE
LS
1.00
1.00
-
$ 520.00
$ 520.00
$ 520.00
$ -
3
CEDAR RIVER - BOATHOUSE PARKING LOT TO VIRDEN CREEK OUTLET
LS
1.00
1.00
$ 824.00
$ 824.00
$ 824.00
$ -
4
CEDAR RIVER - 150 FEET NORTH OF EAST MULLAN AVENUE TO EAST 1ST STREET
LS
1.00
1.00
'
$ 299.00
$ 299.00
$ 299.00
$ -
5
CEDAR RIVER - IOWA NORTHERN RAILROAD BRIDGE TO EAST CITY LIMITS
LS
1.00
1.00
$ 14,102.00
$ 14,102.00
$ 14,102.00
$ -
6
FORRESTER AVENUE DETENTION BASIN
LS
1.00
1.00
-
$ 1,384.00
$ 1,384.00
$ 1,384.00
$ -
7
CEDAR RIVER - 3200 FEET WEST OF CONGER STREET TO 100 FEET SOUTH OF WEST 1ST STREET
LS
1.00
1.00
-
$ 9,583.00
$ 9,583.00
$ 9,583.00
$ -
8
BLACK HAWK CREEK - HIGHWAY 218 TO RIVER ROAD (WEST SIDE)
LS
1.00
1.00
-
$ 4,133.00
$ 4,133.00
$ 4,133.00
$ -
9
BLACK HAWK CREEK - HIGHWAY 218 TO RIVER ROAD (EAST SIDE)
LS
1.00
1.00
-
$ 3,736.00
$ 3,736.00
$ 3,736.00
$ -
10
CEDAR RIVER - IOWA NORTHERN RAILROAD BRIDGE TO HAWTHORNE AVENUE
LS
1.00
1.00
$ 5,296.00
$ 5,296.00
$ 5,296.00
$ -
11
WATERLOO WASTEWATER TREATMENT PLANT RING LEVEE
LS
1.00
1.00
$ 4,380.00
$ 4,380.00
$ 4,380.00
$ -
12
NO NAME CREEK - WCF & N DRIVE & BROADWAY STREET OUTFALLS
LS
1.00
1.00
-
$ 281.00
$ 281.00
$ 281.00
$ -
13
VIRDEN CREEK-VIRDEN CREEK DAM
LS
1.00
1.00
-
$ 1,192.00
$ 1,192.00
$ 1,192.00
$ -
14
CEDAR RIVER - HAWTHORNE AVENUE STORM SEWER PUMPING STATION
LS
1.00
1.00
-
$ 210.00
$ 210.00
$ 210.00
$ -
1001
JAPANESE KNOTWEED
LS
1.00
1.00
-
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ -
$ 48,142.00
$ -
PAYMENTS:
AMOUNT
PAY ESTIMATE #1
$ 14,442.38
PAY ESTIMATE #2
$ 23,226.26
PAY ESTIMATE #3
$ 8,066.26
RETAINGE
$ 2,407.10
TOTAL PAYMENTS
$ 48,142.00
CHANGE ORDERS:
AMOUNT
CHANGE ORDER #1
$ 1,200.00
CHANGE ORDER TOTAL
$ 1,200.00
ORIGINAL CONTRACT AMOUNT
$ 46,942.00
CHANGE ORDER TOTAL
$ 1,200.00
REVISED CONTRACT AMOUNT
$ 48,142.00
FINAL QUANTITY SUMMARY
$ -
FINAL CONTRACT AMOUNT
$ 48,142.00
FINAL QTY ADJUSTMENT CONTRACT #1065
Page 100 of 577
SHEET 2 OF 2
CITY OF WATERLOO
Council Communication
Resolution approving Completion of Project and Recommendation of Acceptance of Work for work
performed by Landmark Turf Services, LLC., of Dunkerton, Iowa, in the amount of $48,142.00, in
conjunction with the FY 2023 Levee Rip Rap Spraying, Contract No. 1065, and receive and file a two-year
maintenance bond.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
SUBJECT:
Submitted by:
Summary Statement:
Implementation, Accountability,
and Communication:
Resolution approving Completion of Project and Recommendation of
Acceptance of Work for work performed by Landmark Turf Services,
LLC., of Dunkerton, Iowa, in the amount of $48,142.00, in conjunction with
the FY 2023 Levee Rip Rap Spraying, Contract No. 1065, and receive and
file a two-year maintenance bond.
Submitted By: Jamie Knutson, PE, City Engineer
Landmark Turf Services, LLC has completed the above referenced project
in accordance with the plans and specifications.
Transmitted also to the Clerk's Office is the Maintenance Bond that
guarantees to remedy any defects in workmanship or materials that may
develop in said work within a period of two (2) years from the date of the
acceptance of the work under said contract.
Page 101 of 577
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new
twin home unit valued at $130,000.00, for property located at 4302 Mourning Dove Drive, and located in the
City Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
❑ CLURA 4302 Mourning Dove Drive Form Backup Material
❑ CLURA 4302 Mourning Dove Drive Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Resolution approving the request of Robson Homes Inc., for tax
exemptions on the construction of a new twin home unit valued at
$130,000.00, for property located at 4302 Mourning Dove Drive, and
located in the City Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
Expenditure Required/Source of None
Funds:
Legal Descriptions: Prairie Meadows Estates A Condominium Unit 4302
Page 102 of 577
For Office Use Only
Date Received:
Received by:
Staff to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the I51 working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council, Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Ra ison Homes Inc
3315 Williams Blvd SW, Ste. 2, #329
319-845-4063
SIGNATURE;
robsonhomes9Ni''I
EMAIL:.com
DATE:
A. What is the Address of the property being improved? 4302 Mourning Dove Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on tad floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4302
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: 20-8937
Date permit was issued: 07/02/2020
D. What was the cost of the new construction? 130,000
Total permit(s) valuation: 10o,co0
E. Estimated or actual date of completion of this new construction? 94/1512022
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
I CITY OF WATERLOO OFFICE USE ONLY
APPROVED DATED:
DENIED
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED DATED:
T.J. Koenigsfeld
DENIED Black Hawk County Assessor
Page 103 of 577
Mourning Dove Drive
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin
home unit valued at $130,000.00, for property located at 4332 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
❑ CLURA 4332 Mourning Dove Drive Form
❑ CLURA 4332 Mourning Dove Dr Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Expenditure Required/Source
Funds:
Legal Descriptions:
Type
Backup Material
Backup Material
Resolution approving the request of Robson Homes Inc, for tax exemptions
on the construction of a new twin home unit valued at $130,000.00, for
property located at 4332 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
of None
Prairie Meadows Estates A Condominium Unit 4332
Page 105 of 577
For Office Use Only
Date Received: Yj
Received by: LIS
Staff to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new constnuction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the I" working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Robson Homes Inc
3315 Williams Blvd SW, Ste. 2, 9329
319-845-4063
SIGNATURE:
EMAIL: robsonhomes95Qgmail.com
DATE: fa-
A. What is the Address of the property being improved? 4332 Mourning Dove Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4332
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: 20-0929 Date permit was issued: 07/0212020
D. What was the cost of the new construction? 130,000
Total permit(s) valuation: 100.000
E. Estimated or actual date of completion of this new construction? 01/1512022
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED
DENIED
DATED: RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED DATED:
T.J. Koenigsfeld
DENIED Black Hawk County Assessor
Page 106 of 577
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin
home unit valued at $130,000.00, for property located at 4232 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
❑ CLURA 4232 Mourning Dove Drive Form
❑ CLURA 4232 Mourning Dove Drive Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Expenditure Required/Source
Funds:
Legal Descriptions:
Type
Backup Material
Backup Material
Resolution approving the request of Robson Homes Inc, for tax exemptions
on the construction of a new twin home unit valued at $130,000.00, for
property located at 4232 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
of None
Prairie Meadows Estates A Condominium Unit 4232
Page 108 of 577
For Office` Use Only
Date Received: Q....I -`d`
Received by:
Staff to matte a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the 1" working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Robson Homes Inc
3315 Williams Blvd SW, Ste. 2, #329
319-645-4063
SIGNATURE:
V�iL
EMAIL: robsonhomes95@gmail.wm
DATE:
A. What is the Address of the property being improved? 4232 Mourning Dave Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4232
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: at)—Y1a15--- Date permit was issued: 07102/2020 Total permit(s) valuation: too,aoo
D. What was the cost of the new construction? 130,000
E. Estimated or actual date of completion of this new construction? 02128/2022
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED
DATED:
DENIED
T.J. Koenigsfeld
Black Hawk County Assessor
Page 109 of 577
Mourning Dove Drive
117-41
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new
twin home unit valued at $130,000.00, for property located at 4230 Mourning Dove Drive, and located in the
City Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
❑ CLURA 4230 Mourning Dove Drive Form Backup Material
❑ CLURA 4230 Mourning Dove Drive Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Resolution approving the request of Robson Homes Inc., for tax
exemptions on the construction of a new twin home unit valued at
$130,000.00, for property located at 4230 Mourning Dove Drive, and
located in the City Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
Expenditure Required/Source of None
Funds:
Legal Descriptions: Prairie Meadows Estates A Condominium Unit 4230
Page 111 of 577
For Office Use Only
Date Received:
Received by:
Staff to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the l" working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Robson Homes Inc
3315 Williams SNd SW, Sle. 2, H329
319.8454063
SIGNATURE:
EMAIL: robsonhomes95Lgmail.com
DATE:
A. What is the Address of the properly being improved? 4230 Mourning Dove Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4230
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: 020 - Date permit was issued: 07/0212020 Total permit(s) valuation: moo
D. What was the cost of the new construction? 130,000
E, Estimated or actual date of completion of this new construction? 02l2812o22
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED DATED:
DENIED
T.J. Koenigsfeld
Black Hawk County Assessor
Page 112 of 577
Mourning Dove Drive
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin
home unit valued at $130,000.00, for property located at 4320 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
❑ CLURA 4320 Mourning Dove Drive Form
❑ CLURA 4320 Mourning Dove Drive Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Expenditure Required/Source
Funds:
Legal Descriptions:
Type
Backup Material
Backup Material
Resolution approving the request of Robson Homes Inc, for tax exemptions
on the construction of a new twin home unit valued at $130,000.00, for
property located at 4320 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
of None
Prairie Meadows Estates A Condominium Unit 4320
Page 114 of 577
For Office Use Only
Date Received:
Received by:
Staff to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the 1" working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Robson Homes Inc
3315 Williams I Nd SW, Ste. 2, #329
319-845.4053
SIGNATURE:
EMAIL: robsonhames95@gmail.com
DATE:
A. What is the Address of the property being improved? 4320 Mourning Dove Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on 2" d floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4320
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: 20.8931 Date permit was issued: 07/G2/2020 Total permit(s) valuation: 100,000
D. What was the cost of the new construction? 13Q•w
E. Estimated or actual date of completion of this new construction? 04115,2022
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED
DENIED
DATED:
T.J. Koenigsfeld
Black Hawk County Assessor
Page 115 of 577
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin
home unit valued at $130,000.00, for property located at 4322 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
❑ CLURA 4322 Mourning Dove Drive Form
❑ CLURA 4322 Mourning Dove Drive Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Expenditure Required/Source
Funds:
Legal Descriptions:
Type
Backup Material
Backup Material
Resolution approving the request of Robson Homes Inc, for tax exemptions
on the construction of a new twin home unit valued at $130,000.00, for
property located at 4322 Mourning Dove Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
of None
Prairie Meadows Estates A Condominium Unit 4322
Page 117 of 577
For Office Use Only
Date Received:
Received by:
Stair to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duptex/tivin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the Is1 working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Robson Homes Inc
3315 Williams Blvd SW, Ste. 2. #329
319.845 1063
SIGNATURE:
�1h1�
(2,
EMAIL: robsonhomes95Qgmail.com
DATE: ia-1/4-49'
A. What is the Address of the property being improved? 4322 Mourning Dove Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on 211d floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4322
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: 20-8932 Date permit was issued: 07102/2020 Total permit(s) valuation: 100,000
D. What was the cost of the new construction? 130,000
E. Estimated or actual date of completion of this new construction? 04l1512022
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
RESOLUTION NO:
APPROVED
DENIED
DATED:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED
DENIED
DATED:
T.J. Koenigsfeld
Black Hawk County Assessor
Page 118 of 577
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new
twin home unit valued at $130,000.00, for property located at 4310 Mourning Dove Drive, and located in the
City Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
❑ CLURA 4310 Mourning Dove Drive Form Backup Material
❑ CLURA 4310 Mourning Dove Drive Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Resolution approving the request of Robson Homes Inc., for tax
exemptions on the construction of a new twin home unit valued at
$130,000.00, for property located at 4310 Mourning Dove Drive, and
located in the City Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
Expenditure Required/Source of None
Funds:
Legal Descriptions: Prairie Meadows Estates A Condominium Unit 4310
Page 120 of 577
For Office Use Only
Date Received: 1a—� 4d
Received by: (,3
Staff to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the 1" working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon cotpletion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Robson Homes Inc
3315 Williams Blvd SW, Ste. 2, t/329
319-845-4063
SIGNATURE:I
EMAIL: robeonhomea95§gmail.com
4
DATE: U-14-3a
A. What is the Address of the property being improved? 4310 Mourning Dove Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4310
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: 20-8933
Date permit was issued: 0710212020 Total permit(s) valuation: 1co,coo
D. What was the cost of the new construction? 130.000
E. Estimated or actual date of completion of this new construction? 04130/2022
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED DATED:
DENIED
T.J. Koenigsfeld
Black Hawk County Assessor
Page 121 of 577
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new
twin home unit valued at $130,000.00, for property located at 4312 Mourning Dove Drive, and located in the
City Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
❑ CLURA 4312 Mourning Dove Drive Form Backup Material
❑ CLURA 4312 Mourning Dove Drive Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Resolution approving the request of Robson Homes Inc., for tax
exemptions on the construction of a new twin home unit valued at
$130,000.00, for property located at 4312 Mourning Dove Drive, and
located in the City Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval.
The Planning, Programming, and Zoning Commission staff has reviewed this
application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA) housing program.
Expenditure Required/Source of None
Funds:
Legal Descriptions: Prairie Meadows Estates A Condominium Unit 4312
Page 123 of 577
For Office Use Only
Date Received:
Received by:
Staff to make a copy for applicant
CITY LIMITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for
new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
& Development Department.)
2. This application must be filed with City prior to the l" working day of February following the year when the improvements
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a
single application may be filed upon completion of an entire project requiring more than one year to construct or complete,
providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the
adoption date of July 18, 2011 do not qualify.
NAME:
ADDRESS:
TELEPHONE:
Rohson Homes Inc
3315 Williams Blvd SW. Ste. 2, #329
319-845-4063
SIGNATURE:
EMAIL: robsonhomes95( gmall.o"m
DATE:
A. What is the Address of the property being improved? 4312 Mourning Oove Drive
What is the Legal Description of the property? (May be available at County Recorder's Office on 2"4 floor of the Courthouse)
Prairie Meadow Estates A Condominium Unit 4312
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
New Construction
C. City of Waterloo Building and Inspections Department Information:
Permit Number: 20.8934 Date permit was issued: 07/02/2020 Total permit(s) valuation: 100.000
D. What was the cost of the new construction? 130,000
E. Estimated or actual date of completion of this new construction? 04/15/2022
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED DATED:
DENIED
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
J
APPROVED DATED:
T.J. Koenigsfeld
DENIED Black Hawk County Assessor
Page 124 of 577
Note:
Base map data source is Black Hawk County.
This map does not represent a survey, no liability
is assumed 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 this 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.
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as
January 19, 2023 and date of public hearing as February 6, 2023, in conjunction with Asbestos Abatement
Services, Contract No. AB-2023-02-04P, for properties located at 1804 E. 4th Street, 207 Lafayette Street,
208 Sunnyside Avenue, and 637 Ankeny Street, and instruct the City Clerk to publish notice.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
RFB Asbestos Abatement Services Contract AB-2023- ❑ Backup Material
02-04P
❑ Exhibit B Asbestos Survey Reports Backup Material
❑ Exhibit C Draft Contract
❑ Notice for Publication
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Backup Material
Backup Material
Resolution approving preliminary plans, specifications, form of contract,
etc., setting date of bid opening as January 19, 2023 and date of public
hearing as February 6, 2023, in conjunction with Asbestos Abatement
Services, Contract No. AB-2023-02-04P, for properties located at 1804 E.
4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637 Ankeny
Street, and instruct the City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The above -mentioned properties were primarily acquired through Iowa Code
657A, and are being abated of asbestos in preparation of demolition.
Nuisance Abatement and Economic Development, policy 1, 3 and 4.
Expenditure Required/Source of Estimate $26,000/Nuisance Abatement bonds
Funds:
Page 126 of 577
CITY OF WATERLOO, IOWA
Request for Bid
ASBESTOS ABATEMENT SERVICES
January 2023
RFB Asbestos Abatement Services Contract AB-2023-02-04P
1804 E. 4t" Street, 207 Lafayette Street, 208 Sunnyside Avenue, and
637 Ankeny Street
City of Waterloo, Iowa
Prepared by the City of Waterloo Planning and Zoning Department
Aric Schroeder -Project Manager
Page 127 of 577
SECTION I
NOTICE OF REQUEST FOR BID
1.0 Receipt and Opening of Bid
The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB-
2023-02-04P —1804 E. 4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637
Ankeny Street.
All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City
Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday
January 19, 2023 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is
located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not
be accepted. The mailing container should be marked as noted below, and include the name
of the company submitting the bid.
1.1 RFB Timeline
Name of the Bid:
Notice of RFB Date:
Mandatory Walk Thru:
Deadline for Bid Submittal:
Submit Sealed Bid to:
Method of Submittal:
Contact Person, Title:
E-mail Address:
Phone:
Asbestos Abatement Services Contract AB-2023-02-04P
December 22, 2022
There will not be a mandatory walk thru. Bidders are
advised/encouraged to make their own inspections prior to bid
submittal. See Section 4.5 for additional details.
Thursday January 19, 2023 at 1:00 p.m., Central Time
Address exactly as stated:
SEALED RFB FOR ASBESTOS ABATEMENT SERVICES
CONTRACT AB-2023-02-04P
City of Waterloo
City Clerk's Office
715 Mulberry Street
Waterloo, IA 50703
Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals)
Aric Schroeder, City Planner/Project Manager (City's Representative)
aric.schroeder@waterloo-ia.orq
Phone: 319-291-4366
1.2 The City reserves the right to accept or reject any or all proposals and to waive any
informalities or irregularities in proposals if such waiver does not substantially change the offer
or provide a competitive advantage to any Bidder. The City reserves the right to defer
acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the
deadline for receiving bids.
1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail
delivery system of the City, or any other means of delivery employed by the Proposer.
Similarly, the City is not responsible for, and will not open, any proposal responses that are
received later than the date and time stated above. Late proposals will be retained in the RFB
RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-02-04P: 1804 W 4th St, 207 Lafayette St, 208 Sunnyside Av, and P6(6eq} of 577
Page 2 of 10 �"
file, unopened. No responsibility will be attached to any person for premature opening of a
proposal not properly identified.
1.4 Bids will be opened on Thursday January 19, 2023, at 1:00 pm (our clock) Central Time
in the second floor Council Chambers and will be streamed live on the City of
Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of
the Bidder(s), not to serve as a forum for determining the award. The awarding of the
contract is anticipated to be at the City Council meeting on Monday February 6, 2023 at
5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a
proposal summary will be sent to all companies who submitted a proposal. Proposal results
will not be given over the telephone. Proposals may be withdrawn anytime prior to the
scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for
a period of sixty (60) calendar days thereafter.
SECTION II
INSTRUCTIONS TO BIDDERS
2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company
representative who is authorized to bind the company will sign on behalf of the company to
indicate to the City that you have read all provisions of the RFB and agree to all terms and
conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right
to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the
proposal evaluators, is the most responsive and responsible bid.
2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for
Bodily Injury and Property Damage is required. At a minimum, coverage for Premises,
Operations, Products and Completed Operations shall be included. This coverage shall
protect the public or any person from injury or property damages sustained by reason of the
contractor or its employees carrying out their work. The Contractor shall provide certificate of
insurance having the City of Waterloo as additional insured.
2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required.
The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or
other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon
acceptance of its bid, execute such contractual documents as may be required within the time
specified.
2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any
costs incurred in the preparation and submission of bids, or costs incurred in making
necessary studies for the preparation of bids.
2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted
bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions
to the terms and conditions of this RFB. Such exceptions or deviations will be considered in
evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are
cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional
exceptions shall be allowed after submittal of a bid.
2.5 Incomplete Information - Failure to complete or provide any of the information requested in this
RFB, and/or additional information as indicated, may result in disqualification by reason of
"non responsiveness".
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SECTION III
SPECIAL TERMS AND CONDITIONS
3.0 Term of Contract
3.0.1 The initial term of the Contract shall be for approximately three (3) months beginning
February 6, 2023, to April 28, 2023.
3.0.2 The City and the Contractor may renew the original Contract for one (1) week time
periods by mutual agreement. Two (2) week's notice must be given to renew the
Contract for additional increments.
3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the
document that authorizes the Contract to begin, assuming the insurance and bond
requirements have been met. Each section contained herein, any addenda and the
response (Bid) from the successful bidder, and all exhibits to the RFB shall also be
incorporated by reference into the resulting Contract.
3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually
decided to renew beyond the initial period and the Contractor requests a price
increase, the Contractor shall provide documentation on the requested increase. The
City reserves the right to accept or reject price increases, to negotiate more favorable
terms, or to terminate (or allow to expire) without cost, the future performance of the
Contract.
3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract,
including any renewal extensions thereof, unless amended by written agreement.
3.1 Agreement Forms
3.1.1 After award, the Bidder will be required to enter into a written contract with the City that
is substantially in the form attached hereto as Exhibit "C".
3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or
observance of any covenant, agreement or obligation set forth in the Contract, and if such
default remains uncured for a period of seven (7) days after notice thereof shall have
been given by City to Contractor (or for a period of fourteen (14) days after such notice if
such default is curable but requires acts to be done or conditions to be remedied which,
by their nature, cannot be done or remedied within such 14-day period and thereafter
Contractor fails to diligently and continuously prosecute the same to completion within
such 14-day period), then City may declare that Contractor is in default under the
Contract.
3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or
in part, upon the mutual written agreement of the parties. City may also choose to
terminate the Contract at any time by delivering to Contractor 10-days' advance written
notice of intent to terminate.
3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set
forth in Section 3.1.2 above, the City may take any one or more of the following steps, at
its option:
3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants under the Contract, or enjoin
any acts or things which may be unlawful or in violation of the rights of the City
under the Contract, or obtain damages caused to the City by any such default;
3.1.4.2 have access to and inspect, examine and make copies of all books and records of
Contractor which pertain to the project;
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3.1.4.3 declare a default of the Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
the Contract;
3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination;
and/or
3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor under the Contract, including
but not limited to the recovery of funds.
3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall
impair, damage or waive the right of City to enforce the same or to obtain relief
against or recover for the continuation or repetition of such breach or violation or
any similar breach or violation thereof at any later time or times. In the event that
City prevails against Contractor in a suit or other enforcement action under the
Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses
incurred by City.
3.2 Terms of Payment
3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum"
after services are delivered and accepted, although the city may, at the city's sole
option, provide partial payment for partial work completed.
3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding
all services provided and allowable expenses incurred, and be submitted to the City
with supporting documentation by e-mail or US mail to: Attn: City of Waterloo
Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703.
3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if
the total actual expenses exceed the amount allowed by the project Contract, including
any renewal extensions thereof. The Contractor is not obligated to continue
performance of services under this Agreement or otherwise incur costs in excess of the
total actual expense allowed unless an amendment to the Contract is approved, and
the City notifies the Contractor, in a written amendment, of the City's acceptance of the
revised total actual expense allowed.
3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold
payment for reasons including, but not limited to, the following: unsatisfactory job
performance or progress, defective work, disputed work, failure to comply with material
provisions of the Contract, third party claims filed or reasonable evidence that a claim
will be filed or other reasonable cause.
SECTION IV
SERVICE REQUIREMENTS
4.0 Background
The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 1804 E.
4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637 Ankeny Street.
4.1 Scope of Work
The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos
containing material (ACM). Bidder shall be responsible to familiarize itself with the
specifications included in this RFB and to make a personal examination of the job site(s) and
the physical conditions that may affect its bidding and performance under the Contract.
The services to be performed under this Contract shall consist of the following:
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4.1.1 All services must be performed in accordance with all applicable codes and ordinances
of the City of Waterloo, Iowa, accepted professional standards and best practices, as
well as all applicable Federal and State regulations, including but not limited to
asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part
61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as
applicable State regulations of the Iowa Department of Natural Resources. The
Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of
Labor, and all personnel who perform work on the Project shall hold and maintain an
Iowa asbestos license issued by the Iowa Division of Labor.
4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B".
4.1.3 Document amounts of ACM removed from each structure.
4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill
tickets and provide copies to the project manager.
4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the
City relative to the work set forth in this Agreement.
4.1.6 Provide other services as requested by the City as may be necessary to implement the
asbestos abatement project.
4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not
covered in this specification and to any omission of this specification. Any omission or
question of interpretation of the specification that affects the performance or integrity of the
service being offered shall be addressed in writing and submitted with the Proposal.
4.3 Reserved.
4.4 The Contractor shall complete the Project in an expeditious manner and shall commence
work within ten (10) days after being notified by the City with a Notice to Proceed on any
given property or properties. All work shall be completed and necessary reports and
documentation provided within the Contract Term (anticipated to be April 28). If Contractor
is prevented from timely completing the work because of circumstances beyond the
Contractor's reasonable control as determined by the City, the time for completion of the
work will be tolled for a period of time equivalent to the stoppage resulting from such
circumstances. The Contractor does hereby expressly acknowledge and agree that time is
of the essence of this Contract, and, thus, failure by the Contractor to timely render and
perform services hereunder shall constitute a material breach of the Contract.
4.5 A mandatory walkthrough will not be required, but bidders are advised/encouraged to make
their own inspections prior to bid submittal. The Planning Department is in possession of a
key to a padlock to the front door of 208 Sunnyside Avenue, and has no other keys to any
property. Most homes are boarded up and will require a cordless drill with various bits to
remove boards to provide access. Please re -install any boards you remove to attempt to
maintain security. Please Note: several of these homes are in very poor condition, and will
require careful methods (such as an extension ladder) to reach basements or upper levels.
207 Lafayette Street and 208 Sunnyside Avenue in particular have significant roof failure and
collapsed stairwells for reaching basements or second floors. 637 Ankeny Street is known to
have a crawlspace with HVAC equipment within the crawlspace, with no previously
identifiable access point into the crawlspace (testing contractor cut a small hole through the
floor).
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SECTION V
GENERAL TERMS AND CONDITIONS
1. LANGUAGE, WORDS USED INTERCHANGEABLY -
The word CITY refers to the CITY OF WATERLOO,
IOWA throughout these Instructions and Terms and
Conditions. Similarly, PROPOSER refers to the person
or company submitting an offer to sell its goods or
services to the CITY, and CONTRACTOR refers to the
successful bidder.
2. PROPOSER QUALIFICATIONS - No Proposal shall be
accepted from, and no Contract will be awarded to, any
person, firm or corporation that is in arrears to the City
upon debt or Contract, that is a defaulter, as surety or
otherwise, upon any obligation to the City, or that is
deemed irresponsible or unreliable by the City. If
requested, Proposers shall be required to submit
satisfactory evidence that they have a practical
knowledge of the particular supply/service proposal and
that they have the necessary financial resources to
provide the proposed supply/service as described in this
Request for Proposal.
3. SPECIFICATION DEVIATIONS BY THE PROPOSER/
OFFEROR - Any deviation from this specification MUST
be noted in detail, and submitted in writing in the
Proposal. Completed specifications should be attached
for any substitutions offered, or when amplifications are
desirable or necessary. The absence of the specification
deviation statement and accompanying specifications
will hold the Proposer strictly accountable to the
specifications as written herein. Failure to submit this
document of specification deviation, if applicable, shall
be grounds for rejection of the item when offered for
delivery. If specifications or descriptive papers are
submitted with Proposals, the Proposer's name should
be clearly shown on each document.
4. COLLUSIVE PROPOSAL - The Proposer certifies that
the proposal submitted by said Proposer is done so
without any previous understanding, agreement or
connection with any person, firm, or corporation making
a proposal for the same Contract, without prior
knowledge of competitive prices, and it is, in all
respects, fair, without outside control, collusion, fraud or
otherwise illegal action.
5. SPECIFICATION CHANGES, ADDITIONS AND
DELETIONS - All changes in Proposal documents shall
be through written addendum. Verbal information
obtained otherwise will NOT be considered in awarding
of Proposals.
6. PROPOSAL CHANGES - Proposals, amendments
thereto, or withdrawal requests received after the time
advertised for Proposal opening, will be void regardless
of when they were mailed.
7. HOLD HARMLESS AGREEMENT - The Contractor
agrees to protect, defend, indemnify and hold harmless
the City of Waterloo, its officers and employees, their
agencies and agents, from any and all claims and
damages of every kind and nature made, rendered or
incurred by or in behalf of every person or corporation
whatsoever, including the parties hereto and their
employees that may arise, occur, or grow out of any
acts, actions, work or other activity done by the
Contractor, its employees, subcontractors or any
independent contractors working under the direction of
either the Contractor or subcontractor in the
performance of this Contract.
8. PROPOSAL REJECTION OR PARTIAL ACCEP-
TANCE - The City reserves the right to reject any or all
Proposals. The City further reserves the right to waive
technicalities and formalities in Proposals, as well as to
accept in whole or in part such Proposals where it is
deemed advisable in protection of the best interests of
the City.
9. PROPOSAL CURRENCY/LANGUAGE - All proposal
prices shall be shown in US Dollars ($). All prices must
remain firm for the duration of the Contract regardless of
the exchange rate. All proposal responses must be
submitted in English.
10. PAYMENTS - Payments will be made for all
goods/services delivered, inspected and accepted within
45 days and on receipt of an original invoice and all
necessary supporting documentation.
11. MODIFICATION, ADDENDA & INTERPRETATIONS -
Any apparent inconsistencies, or any matter requiring
explanation or interpretation, must be inquired into by
the Proposer in writing at least 72 hours (excluding
weekends and holidays) prior to the time set for the
Proposal opening. Any and all such interpretations or
modifications will be in the form of written addenda. All
addenda shall become part of the Contract documents
and shall be acknowledged and dated on the signature
page.
12. LAWS AND REGULATIONS - All applicable State of
Iowa and federal laws, ordinances, licenses and
regulations of a governmental body having jurisdiction
shall apply to the award throughout as the case may be,
and are incorporated here by reference.
13. SUBCONTRACTING - No portion of this Proposal may
be subcontracted without the prior written approval by
the City.
14. ELECTRONIC SUBMITTAL - Telegraphic and/or
proposal offers sent by electronic devices (e.g. facsimile
machines) are not acceptable and will be rejected upon
receipt. Proposing firms will be expected to allow
adequate time for delivery of their proposal either by
airfreight, postal service, or other means.
15. CANCELLATION - Either party may cancel the award in
the event that a petition, either voluntary or involuntary,
is filed to declare the other party bankrupt or insolvent or
in the event that such party makes an assignment for
the benefit of creditors.
16. ASSIGNMENT - Proposer shall not assign this order or
any monies to become due hereunder without the prior
written consent of the City. Any assignment or attempt
at assignment made without such consent of the City
shall be void.
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17. EQUAL OPPORTUNITY - The successful firm agrees
not to refuse to hire, discharge, promote, demote, or to
otherwise discriminate in matters of compensation
against any person otherwise qualified solely because
of age, race, color, religion, sex, sexual orientation,
gender identity, marital status, national origin,
citizenship status, disability, or veteran status.
18. TAXES - The City of Waterloo is exempt from sales tax
and certain other use taxes. Any charges for taxes from
which the City is exempt will be deducted from invoices
before payment is made.
19. PROPOSAL INFORMATION IS PUBLIC — All
documents submitted with any proposal and the
proposal shall become public documents and subject to
Iowa Code Chapter 22, which is otherwise known as the
"Iowa Open Records Law". By submitting any document
to the City of Waterloo in connection with a proposal,
the submitting party recognized this and waives any
claim against the City of Waterloo and any of its officers
and employees relating to the release of any document
or information submitted.
Each submitting party shall hold the City of Waterloo
and its officers and employees harmless from any
claims arising from the release of any document or
information made available to the City of Waterloo
arising from any proposal opportunity.
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EXHIBIT "A"
SIGNATURE PAGE
The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the
condition under which the work described herein must be performed, hereby proposes that they will fulfill the
obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth;
and that they will furnish all required services and pay all incidental costs in strict conformity with these
documents for the stated process as payment in full.
1804 W. 4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637 Ankeny Street.
Total "lump sum" bid: $
The correct summation of the actual bid tabulation figures will supersede the listed total,
Submitting Firm:
Address:
City: State: Zip:
Authorized Representative (print)
Authorized Representative Signature
Date: Email:
Phone: Fax:
EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document
provided by the Bidder. Please be as specific as possible. Please check one:
Our company has no exceptions/deviations.
Our company does have exceptions/deviations which are listed on an attached document.
GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price.
FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this
solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract.
ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized
representative herby acknowledges receipt of the following addenda:
Addenda Number Date
Addenda Number Date
We choose not to bid at this time but would like to be considered for future requests for bid
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Our "not to exceed" bid price for each property is:
1804 E. 4th Street
207 Lafayette Street
$
208 Sunnyside Avenue
$
637 Ankeny Street
$
Total
$
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ASBESTOS INSPECTION
REPORT
INSPECTION ADDRESS:
City of Waterloo
1804 East 4th Street
Waterloo, IA 50703
Pro'ect #: 20-27634
SUBMITTED TO:
City of Waterloo Community Planning & Development
715 Mulberry Street
Waterloo, IA 50703
Attn: Aric Schroeder, City Planner
Page 137 of 577
ASBESTOS INSPECTION
12/13/2022
Date
22-2812
Inspector #
04/13/2023
License Expiration date
Page 138 of 577
TABLE OF CONTENT
1. INTRODUCTION
2. DEFINITIONS
3. GENERAL BUILDING OBSERVATIONS
4. REPORT DATA
a. METHOD
b. REPORT DATA
5. PROJECT SUMMARY
a. POSITIVE ASBESTOS SAMPLE LIST
b. CONCLUSIONS AND RECOMMENDATIONS
LIST OF APPENDICES
APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS
APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION
APPENDIX C - PICTURES
Page 139 of 577
SECTION 1
INTRODUCTION
For each area of the building, the inspector performing the inspection did the following:
1. Visually inspected the area(s) to identify the locations of all
suspect Asbestos Containing Building Materials.
2. Identify all homogeneous areas of friable and non -friable suspected
asbestos.
3. Assume, if necessary, that some or all of the homogeneous area(s)
are Asbestos Containing Material (ACM), and for each homogeneous
area that is not assumed to be ACM, collect and submit bulk
samples for analysis.
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SECTION 2
DEFINITIONS:
HOMOGENEOUS AREA
An area which appears similar throughout in terms of color, texture, and date of material application.
SURFACING MATERIAL
Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as
acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on
surfaces for acoustical, fireproofing, or other purposes.
THERMAL SYSTEM INSULATION
Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural
components to prevent heat loss or gain, or water condensation, or other purposes.
MISCELLANEOUS MATERIAL
Interior building material on structural components, structural members or fixtures, such as floor and
ceiling tiles, and does not include surfacing material or thermal system insulation.
SAMPLING AND ANALYSIS
AU samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in
accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F.
A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the
results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or
less L1 %). A homogeneous area contains ACM when one or more samples collected from that area
shows greater than one (1) percent (%) asbestos (>1 %).
FRIABLE
Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled,
pulverized, or reduced to a powder by hand pressure.
NON -FRIABLE (CATEGORY I)
Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing
more than one (1) percent (%) asbestos.
NON -FRIABLE (CATEGORY II)
Any excluding Non -Friable (Category I) Asbestos Containing Material, containing more than one (1)
percent (%) asbestos.
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SECTION 3
General Building Inspection Observations
The building inspection is conducted by a qualified and State of Iowa licensed
Asbestos Inspector. The purpose of a building inspection is to identify existing
building materials that are asbestos containing materials (ACM). If the inspection is
conducted in an occupied building, the Inspector is sometimes denied accessibility to
building areas and materials; i.e., the Inspector may not be allowed to cut through floor
coverings or walls, remove quarry tiles, etc. There are many situations where ACM are
concealed in wall cavities and other non -accessible areas, such as tunnels, crawl
spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles,
under various floor coverings, etc. When these situations occur in construction,
renovation, and/or demolition, etc., materials in these areas shall be treated as ACM
and handled as such by qualified and licensed asbestos personnel. If suspect
asbestos containing material is discovered or damaged during the course of any
activities, the material shall be considered and treated as ACM to diminish further fiber
release. In addition, the Inspector uses an independent laboratory that analyzes the
bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis
technique may not be as accurate as more expensive analysis techniques for certain
building materials. It remains the Building Owner and/or Representative(s)'
responsibility to address this issue and consider analyzing suspect building material
using different analysis techniques prior to disturbing the material(s). The following are
areas that may not be inspected.
1. Tunnels and Crawl Spaces: During the inspection process, the Inspector
attempts to check tunnels and crawl spaces for ACM and the degree of damage
to the materials. In most cases, quantification of ACM in these areas is
impossible due to the inaccessibility to these areas. In addition, these areas may
fall under: "Confined Space Regulations". Due to the congestion in tunnels and
crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap,
etc. is almost impossible. The Inspector will quantify ACM only in accessible
tunnels and crawl spaces, and estimate the quantities in the inaccessible areas.
Some reasons for inaccessibility are as follows: flooded areas, pipe congestion,
asbestos and other debris, electrical hazards, confined spaces, unknown gas
emissions, low ceilings, etc.
2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters,
storage tanks, etc. are not always accessible. Materials in these areas will be
treated as ACM. Areas of concem are packing inside boiler doors and liners.
Use extreme care and properly trained personnel when handling these types of
materials. Some boilers have insulated metal jackets over fiberglass or ACM.
Thermal system insulation can be found in many different forms; i.e., air cell,
preformed magnesium block, millboard, etc. All fiberglass materials are
excluded as suspect ACM.
3. Debris: In areas where damaged ACM may be found there may and usually will
Page 142 of 577
be ACM debris in the general area of the damaged material. These areas shall
be treated with the utmost care even during the inspection and quantification
process. The Inspector considers any exposure to this type of material as a
health threat.
4. State of Quantification: As a general rule, individual rooms or areas of
estimation contain inherently more probability of an error than those groups of
rooms or areas or an entire building. In other words, the aggregate tends to be
more accurate than the sums of the individual parts. Therefore, when designing
response actions (measurements, air samples, etc.), the project designer and the
asbestos abatement contractor's attention shall be given to ensure that
quantification of materials and proper methods are followed through careful
analysis of the site. If materials are quantified, the asbestos abatement contractor
or owner, owner representatives or third parties are responsible for verifying the
quantities.
5. The Inspector may take some latitude in the presentation of the Inspection
Report. When the Inspector has found floor tiles, linoleum, and/or carpeting listed
he/she may or may not have adhesives listed. Adhesives have been known to
contain asbestos and therefore, although not mentioned, it may be presumed to
be ACM, listed or not. Testing of the adhesive prior to disturbing is
recommended. The same is true for adhesives or mastics used to adhere
linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing
materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected
or presumed ACM unless sampled and analyzed to indicate that they are not
ACM.
6. In the Inspection Report, certain items such as mudded joints (MJ) or metal
doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged,
which is an indication of count rather than square feet or linear feet. Most
materials listed in the assessment are either listed as square feet or linear feet
with these noted exceptions.
7. In the Assessment Process, there are additional codes such as ME and MG;
ME representing miscellaneous electrical and MG representing miscellaneous
gasket materials. Both of these codes are used to indicate materials that are
unusual to the normal course of an assessment of the building. Miscellaneous
electrical materials include old electrical wiring, switchboards, transite panels, etc.
Miscellaneous gasket materials can be found between (thermal) valves, on boiler
doors, between fittings, between molds, etc. These codes give the Inspector the
ability to qualify materials, which sometimes may not be considered as ACM.
8. An Asbestos Code Sheet is included with the Inspectors inspection report,
which informs the client as to the Homogeneous Codes used during the
inspection process.
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9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud)
found to not contain asbestos should be re -analyzed under the "Chatfield
Method" of TEM analysis. Many times the results from having these materials
analyzed under PLM results in false positives or false negatives. After reviewing
your report, please notify the inspector if you want these samples analyzed under
the "Chatfield Method".
10. Any sample less than 10% asbestos may be Point Counted. Point counting is a
more accurate method of analyzing of bulk samples. The results of the point
counting are the results that will determine if the material will be treated as
asbestos.
11. Asbestos inspections are performed based on current understanding of the
regulations. As new interpretations of the regulations are made aware of by the
EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and
Abatement Inc. will adapt their inspections to comply with these new procedures.
If additional sampling is required by the different agencies, Advanced
Environmental will do the additional sampling. The owner is responsible for the
additional cost for these samples as well as labor.
12. Advanced Environmental shall not be responsible for any cost of abating any
additional asbestos discovered in any renovation or demolition activities. Any
additional items discovered shall be tested when they become accessible. For
example, old adhesive may be under new floor tiles and adhesive. Additional
materials may be concealed in walls, under multi layers of flooring, etc.
13. All amounts listed are estimates. It is up to other contractors to field verify any
amounts that are listed within this report.
14. All material that looks similar should be treated as asbestos containing materials.
15. Asbestos Material containing <1 %. Some material tested for asbestos may
contain trace amounts of asbestos and be below the threshold for asbestos
contain material according to both the Iowa DNR and Iowa State Code..
However, the Federal Occupational Safety and Health Administration still have
some regulations that contractors must follow under 29 CFR 1926.1101.
Contractors working with asbestos material with <1 % asbestos must still produce
a negative and initial exposure assessment, completed by a "competent person".
Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926.
1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and
Abatement, Inc. for consultation on how to handle material with <1 % asbestos.
16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should
be considered asbestos and removed as such. Advanced Environmental makes
every effort to core roof samples through all layers.
Page 144 of 577
ASBESTOS CODES
A = Assumed
ADH = Adhesive
APW = Air Cell Pipe Wrap
BP = Boiler Plaster
C = Ceiling
CAPS = Stair Treads
CQ = Can't Quantify
CT = Ceiling Tiles
CT/12 = 12" Ceiling Tiles
DAM. = Damaged
DEB = Debris
DW = Drywall
F = Friable
FE = Furnace Exhaust
FT = Floor Tiles
GASK = Gaskets
GYM = Gypsum
HOMO = Homogeneous
LINO = Linoleum
MISC = Miscellaneous Non Friable
MAC = Metal Asbestos Chimney
MATL DESC = Material Description
MD = Metal Door
ME = Miscellaneous Electrical
MF = Miscellaneous Friable
MJ = Mudded Joint
NC = Nose Cap
NF = Non Friable
NSM = Not Suspect Material
P or PH = Previous History
PP = Patched Plaster/Drywall
PSA = Sand Plaster
PSM = Smooth Plaster
S = Sample/Samples/Sampled
SCT = Suspended Ceiling Tile
SR = Sample Result
ST = Storage Tank
SUR = Surfacing
T = Thermal
Thermal Pipe Measurement = Linear Ft
TR = Transite
TSI = Thermal System Insulation
VC = Vibration Cloth
VDW = Vinyl Covered Drywall
W = Walls
WD = Wood Door
N = North
S = South
E = East
W = West
I. All Metal Doors are listed by quantities, example 3 = 3 metal doors.
2. All Mudded Joints are listed by quantities of MJ, not sizes.
3. All Pipe Wrap materials are listed in linear feet.
4. All other measurements are square feet unless stated elsewhere.
5. Sample Results: N = Not Considered Asbestos Containing Material
Y = Considered Asbestos Containing Material
P or PH = Previous History
N/A = Not Analyzed
<1 % = Contains less than 1 % Asbestos Containing Material
>1 % = Contains more than 1 % Asbestos Containing
Material
6. All Adhesives are considered Asbestos Containing Material (ACM) which
can't be quantified - Non Friable ACM.
7. All Seals and Gaskets are considered Asbestos Containing Material (ACM)
which can't be quantified — Non Friable ACM.
Page 145 of 577
SECTION 4
REPORT DATA
BUILDING NAME: Residence —1804 East 4th Street — Waterloo, IA
INSPECTION AREAS: Throughout
CLIENT CONTRACT: City of Waterloo — Aric Schroeder
METHOD:
All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited
by the National Institute for Standards and Technology for Polarized Light Microscopy
analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was
completed by a State of Iowa licensed asbestos inspector. Sampling methods were
based on National Emission Standards for Hazardous Air Pollutants (NESHAPS)
protocols. Bulk samples of suspect asbestos containing material were analyzed by
Polarized Light Microscopy (PLM) using EPA Method 600-R93-116.
OVERVIEW:
An asbestos inspection was conducted at the residence located at 1804 East 4th
Street in Waterloo, IA on December 1st, 2022. The house has two stories. At the time
of inspection, a total of twenty-seven samples were analyzed with forty-two layers
analyzed for asbestos content. Each sample is broken down by layers if necessary
(I.e. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing,
and thermal. The following samples were taken of each:
Miscellaneous samples tested include:
Siding
Window caulk
Sink coating
2' x 4' ceiling tile
2' x 2' ceiling tile
Surfacing samples included:
Ceiling & wall texture
Thermal samples include:
Attic insulation
Duct paper
Window glazing
Roof shingles on felt paper
12" x 12" floor tile & mastic
12" x 12" ceiling tile
Drywall joint compound
Plaster
Refractory cement
Page 146 of 577
POSITIVE SAMPLE RESULTS:
The following samples tested positive (>1 %) for asbestos:
1) Siding +- 2300 sq. ft.
3) Window caulk (siding meets windows) and seams of siding +-10 sq. ft.
16) 12" x 12" floor tile — 2nd floor NW bedroom +- 170 sq. ft.
16) mastic for above
18) 12" x 12" floor tile — 2nd floor NE bedroom +- 130 sq. ft.
18) mastic for above
19) 12" x 12" grey floor tile — top landing +- 22 sq. ft.
19) mastic for above
20) 12" x 12" grey floor tile — top landing +- 22 sq. ft.
20) mastic for above
26) Duct paper in heat register on 1st floor, wall cavities, basement
ASSUMED — roof tar at base of chimney / roof vents
SECTION 5
15% Chrysotile
3% Chrysotile
2% Chrysotile
4% Chrysotile
3% Chrysotile
5% Chrysotile
3% Chrysotile
5% Chrysotile
3% Chrysotile
4% Chrysotile
75% Chrysotile
ASSUMED
The inspection was to identify asbestos containing materials prior to demolition. The
Inspection entailed a visual assessment of the property for suspect asbestos
containing materials, collection, and submittal of bulk samples for analysis.
In the State of Iowa, asbestos is regulated by the Iowa Department of Natural
Resources and the Iowa Division of Labor.
CONCLUSIONS AND RECOMMENDATIONS
This house has a two stories and was fairly empty.
The siding was positive. There is approximately 2300 sq. ft.
The caulk around the windows and in the comers of the siding was positive.
There was 12" x 12" floor tile and mastic in three areas, all on the 2nd floor. The two
north bedrooms and at the top stair landing on the 2nd floor. Both tiles in the landing
area were positive. The mastic was positive for all of the floor tile as well. There is
approximately 340 sq. ft.
The duct paper is in wall cavities and on boots as well. There is approximately 150 sq.
ft. of duct paper
Roof tar around the chimney base and roof vents were assumed. Approximately 5 sq,
ft.
Page 147 of 577
APPENDIX A
SAMPLE INVENTORY LIST, LAB ANALYSIS
Page 148 of 577
Facility Name/Site Location
Inspected By:
Jay Llewellyn
12/1/2022
al
7
N
re
15% Chrysotl le
e
m
G
IO
V
in
ee
e
eO
O
e
O
O
eO
O
e
0
eO
a
O
eO
O
e
e
o4
eO
e
eO
2%, 4% Chrysotile
e
3%,5% Chrysotile
3%,5% Chrysotile
3%,4% Chrysotile
e
O
O
e-C
O
G
0
e
O
0
eee
4
ON
75% Chrysotile
m
E
aOIO
L-- Current Condition
good
good
good
good
some damage
good
co
coo
Eco
a
q7
E
Inc'
good
good
good
good
good
good
good
d
O
co,
I
O
co
it
4la
Oi
some damage
some damage
good
good
some damage
o
co
co
City of Waterloo - Residence
1804 East 4th Street
Waterloo, IA 50703
Location
Exterior
0
C
�Wwhere windows meet siding (plus corners)
O
a
Kitchen - laying on floor
Kitchen & dining room +- 255 sq. ft.
Kitchen (under #6 and underlayment) +-100 sq. ft.
Kitchen ceiling - middle +-150 sq. ft.
Kitchen (old pantry maybe -by south wall) +- 12 sq. ft.
Kitchen ceiling - south
Kitchen - north wall
Dining Room -1 the where Tight is +- 3 sq. ft.
NW room - along perimeter and where Tight was 20 sq. ft.
Bottom landing for stairs +- 9 sq. ft. _
Top of basement stair area +- 130 sq. ft.
I2nd floor - SW bedroom +-110 sq. ft.
2nd floor W bedroom +- 170 sq. ft.
2nd floor - SW bedroom +- 170 sq. ft.
2nd floor - NE bedroom +- 130 sq. ft.
2nd floor landing - two layers? +- 22 sq. ft.
2nd floor landing - +-16 sq, ft.
2nd floor bathroom - two layers +- 120 sq. ft.
2nd floor - NE bedroom ceiling +- 130 sq. ft.
Attic
Basement - where hot water heater runs Into brick
co
C7
Wall cavities 1 basement _
Around chimney base
Color
white - grey
white
toca
3
green / black
=°
white/ yellow
3
Y
t
m
grey / white
d
d
N
m
grey / yellow -
Red 1 black
0
se
Q
3
L__grey / black
rQ
=°
tan / white / black
grey / white
greyish
S
'
¢r
I
V 1
'
m
to'
i
co
c
-
Window glazing
se
ena)To
3
O
c
3
roof shingles / felt paper
Sink coaling
U
.y
c9
E
t
°o
(y
N
12" x 12" floor the / mastic
Ceiling texture / joint compound
12" x 12" floor the / mastic
Ceiling texture
Plaster / skim coat
m
orn
m
m
QCV
X
N
m
e
u
X
r
12" x 12" floor file / mastic
2' x 2' ceiling Ole
12" x 12" floor Ole / mastic
12" x 12" floor We 1 mastic
12" x 12" ceiling file
12" x 12" floor tile 1 mastic 1
12" x 12" floor tile 1 mastic
12" x 12" floor tile / mastic
12" x 12" floor Ole / mastic
plaster with texture
rn
0
7r
Refractiry cement
_
Duct paper
r
I Roof tar
I sample No
•-
N
('7
Q
in
m
^
rb
rT
0
T
*-
T
N
T
Cr)Q
T
T
Inm
T
1�
CO
T
0
T
O
N
N
N
N
f,7
N
Q
N
In0
N
N
f
u
,ASSUMED
je
14.
of 577
Client;
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/0112022
CITY OF WATERLOO-1804 E. 4TH ST.
WATERLOO, IA 50703
Job# / P.O, #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283544
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab 1D
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283544-001 EXTERIOR Siding, Gray Yes Chrysotile 15%
1804E4-1
Carbonates
Gypsum
Quartz
Binder/Filler
85%
0283544-002 WINDOWS
1804E4-2
Window Glazing, White! Gray No None Detected
Carbonates
Quartz
Binder/Filler
100%
0283544-003 WHERE WINDOWS Window Caulk, Off White/ Gray Yes Chrysotile 3%
1804E4-3 MEET SIDING
(PLUS CORNERS)
Carbonates
Quartz
Binder/Filler
97%
0283544-004 ROOF
1804E4-4
LAYER 1 No None Detected
Roof Shingle, Off White! Black
LAYER 2 No None Detected
Felt Paper, Black
Fibrous Glass
Carbonates
Quartz
Binder/Filler
Fibrous Glass
Carbonates
Quartz
Binder/Filler
15%
85%
40%
60%
0283544-005 KITCHEN -LAYING Sink Undercoating, Gray! Beige
1804E4-5 ON FL
No None Detected Cellulose Fiber
Carbonates
Mica
Quartz
Binder/Filler
10%
90%
Page 1 of 8
Page 150 of 577
EMC LABS, INC. Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283544
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 22-27634
Address: 803 RICKER ST. Date Received: 12/05/2022
WATERLOO IA 50703 Date Analyzed: 12/08/2022
Collected: 12/01/2022 Date Reported: 12/08/2022
Project Name: CITY OF WATERLOO-1804 E. 4TH ST. EPA Method: EPA 6001R-93/116
Address: WATERLOO, IA 50703 Submitted By: JAY LLEWELLYN
Collected By:
Lab ID Sample Layer Name / Asbestos Asbestos Type Non -Asbestos
Client ID Location Sample Description Detected (%) Constituents
0283544-006 KITCHEN & DINING LAYER 1
1804E4-6 RM 12"x12" Floor Tile, Tan/ Black
No None Detected
LAYER 2 No None Detected
Mastic, Clear/ Yellow
Synthetic Fiber <1%
Carbonates
Quartz
Binder/Filler 99%
Cellulose Fiber 3%
Synthetic Fiber <1%
Carbonates
Quartz
BinderlFiller 96%
0283544-007 KITCHEN (UNDER LAYER 1 No None Detected
1804E4-7 #6 & 12"x12" Floor Tile, Beige/ Off
UNDERLAYMENT) White
LAYER 2
Mastic, Yellow
No None Detected
Carbonates
Quartz
Blnder/Filter 100%
Cellulose Fiber 1%
Carbonates
Quartz
Binder/Filler 99%
0283544-008 KITCHEN -CEILING- Ceiling Texture/ Joint Compound, No None Detected
1804E4-8 MIDDLE White! Beige
Carbonates
Mica
Quartz
Binder/Filler
100%
Page 2 of 8
Page 151 of 577
Client:
Address:
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
Collected: 12/01/2022
Project Name: CITY OF WATERLOO-1804 E. 4TH ST.
Address: WATERLOO, IA 50703
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
J0b#1P.O.#:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283544
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 6001R-931116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name / Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283544-009 KITCHEN (OLD LAYER 1
1804E4-9 PANTRY MAYBE- 12"x12" Floor Tile, White/ Tan
BYSOUTH WALL)
LAYER 2
Mastic. Black
No None Detected
No None Detected
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
100%
<1%
99%
0283544-010 KITCHEN CEILING- Ceiling Texture.' Paint, White/
1804E4-10 SOUTH Beige
No None Detected
Cellulose Fiber
Carbonates
Mica
Quartz
Binder/Filler
<1To
99%
0283544-011 KITCHEN-N. WALL LAYER 1 No None Detected
1804E4-11 Plaster -Scratch Coat, Lt. Gray
LAYER 2
Plaster -Skim Coat, Off White/
White
No None Detected
Gypsum
Quartz
Carbonates
Mica
Gypsum
Quartz
Mica
Carbonates
Binder/Filler
100%
100%
0283544-012 DINING RM-1 TILE 2'x4' Ceiling Tile, White! Beige No None Detected
1804E4-12 WHERE LIGHT IS
Cellulose Fiber
Mineral Wool
Carbonates
Quartz
Perlite
BinderlFiller
50%
30%
20%
Page 3 of 8
Page 152 of 577
EMC LABS, INC. Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283544
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 22-27634
Address: 803 RICKER ST. Date Received: 12/05/2022
WATERLOO IA 50703 Date Analyzed: 12/08/2022
Collected: 12/01/2022 Date Reported: 12/08/2022
Project Name: CITY OF WATERLOO-1804 E. 4TH ST. EPA Method: EPA 600/R-931116
Address: WATERLOO, IA 50703 Submitted By: JAY LLEWELLYN
Collected By:
Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non -Asbestos
Client ID Location Sample Description Detected (%) Constituents
0283544-013 NW RM-ALONG 12"x12" Ceiling Tile, White! Brown No None Detected
1804E4-13 PERIMETER &
WHERE LIGHT WAS
Cellulose Fiber 85%
Carbonates
Gypsum
Binder/Filler
15%
0283544-014 BOTTOM LANDING LAYER 1
1804E4-14 FOR STAIRS 12"x12" Floor Tile, Tan/ Of White
LAYER 2
Mastic, Yellow
No None Detected
No None Detected
Carbonates
Quartz
Binder/Filler
Carbonates
Quartz
Binder/Filler
100%
100%
0283544-015 TOP OF 2'x2' Ceiling Tile, White/ Beige
1804E4-14A BASEMENT STAIR
AREA
No None Detected
Cellulose Fiber
Mineral Wool
Carbonates
Quartz
Fertile
Binder/Filler
45%
35%
20%
0283544-016 2ND FL -SW BEDRM LAYER 1 No None Detected
1804E4-15 12"x12" Floor Tile, Gray! Off White
LAYER 2
Mastic, Yellow
No None Detected
Carbonates
Quartz
BinderlFiller 100%
Cellulose Fiber 3%
Carbonates
Gypsum
BlnderlFiller 97%
Page 4 of 8
Page 153 of 577
Client:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite IB109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
Collected: 12/01/2022
Project Name: CITY OF WATERLOO-1804 E. 4TH ST.
Address: WATERLOO, IA 50703
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283544
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name / Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283544-017 2ND FLiW BEDRM LAYER 1 Yes Chrysolde 2%
1804E4-16 12"x12" Floor Tile, Red
LAYER 2 Yes Chrysotile 4%
Mastic, Black
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
98%
41%
95%
0283544-018 2ND FL -SW BEDRM 12"x12" Ceiling Tile, White! Tan
1804E4-17
No None Detected
Cellulose Fiber
Carbonates
Gypsum
Binder/Filler
85%
15%
0283544-019 2ND FL -NE BEDRM LAYER 1
1804E4-18 12"x12" Floor Tile, White/ Off
White
LAYER 2
Mastic, Black
Yes Chrysotile 3%
Yes Chrysotile
5%
Carbonates
Quartz
BinderlFiller
Carbonates
Quartz
Binder/Filler
97%
95%
0283544-020 2ND FL LANDING- LAYER 1
1804E4-19 TWO LAYERS? 12"x12" Floor Tile, Gray
LAYER 2
Mastic, Black
Yes Chrysotile
Yes Chrysotile 5%
Carbonates
Quartz
Binder/Filler
Carbonates
Quartz
Binder/Filler
97%
95%
Page 5 of 8
Page 154 of 577
Client:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST_
WATERLOO IA 50703
Collected: 12/01/2022
Project Name: CITY OF WATERLOO-1804 E. 4TH ST.
Address: WATERLOO, IA 50703
Job#1P.O.#:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By;
Collected By:
Laboratory Report
0283544
22-27634
12/0512022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283544-021 2ND FL LANDING LAYER 1 Yes Chrysotile 3%
1804E4-20 12"x12" Floor Tile, Tan/ Off White
LAYER 2 Yes Chrysolite 4%
Mastic, Black
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
97%
1%
95%
0283544-022 2ND FL BATHRM- LAYER 1
1804E4-21 TWO LAYERS 12"x12" Floor Tile, Tan/ Beige
LAYER 2
Mastic, Clear/ Yellow
LAYER 3
Floor Tile, Gray/ Black
LAYER 4
Mastic, Yellow
No None Detected
No None Detected
No None Detected
No None Detected
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
100%
3°/u
97%
100%
<1%
99%
Page 6 of 8
Page 155 of 577
Client:
Address:
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
Collected: 12/01 /2022
Project Name: CITY OF WATERLOO-1804 E. 4TH ST.
Address: WATERLOO, IA 50703
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Job#1P.O.#:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283544
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (Yu)
Non -Asbestos
Constituents
0283544-023 2ND FL -NE BEDRM LAYER 1
1804E4-22 CEILING Plaster -Scratch Coat/ Paper
Backing, Gray/ Brown
LAYER 2
Plaster -Texture/ Paint, Whitel
Beige
No None Detected
No None Detected
Cellulose Fiber
Gypsum
Quartz
Mica
Carbonates
Carbonates
Mica
Quartz
Binder/Filler
1%
99%
100%
0283544-024 ATTIC Insulation (Attic), Off Whitel Gray No None Detected
1804E4-23
Mineral Wool
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
95%
2%
3%
0283544-025 BASEMENT-
1804E4-24 WHERE HOT
WATER HEATER
RUNS INTO BRICK
Refractory Cement, Yellow/ Tan
No None Detected
Fibrous Glass
Gypsum
Quartz
Mica
Carbonates
Binder/Filler
5%
95%
0283544-026 GARAGE Drywall, Off Whitel Brawn No None Detected
1804E4-25
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
12%
88%
Page 7 of 8
Page 156 of 577
EMC LABS, INC. Laboratory Report
9830 S, 51st Street, Suite B109, Phoenix, AZ 85044 0283544
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 22-27634
Address: 803 RICKER ST. Date Received: 12/05/2022
WATERLOO IA 50703 Date Analyzed 12/08/2022
Collected: 12/01/2022 Date Reported: 12/08/2022
Project Name: CITY OF WATERLOO-1804 E, 4TH ST. EPA Method: EPA.600/R-93/116
Address: WATERLOO, IA 50703 Submitted By: JAY LLEWELLYN
Collected By;
Lab ID Sample Layer Name / Asbestos Asbestos Type Non -Asbestos
Client ID Location Sample Description Detected (%) Constituents
0283544-027 WALL Duct Paper, Beige/ Gray Yes Chrysotile 75% Cellulose her 14e
1804E4-26 CAVrTlESIBASEMEN
Carbonates
Gypsum
Binder/Filler
15%
Analyst - Matt Kettler
Signatory - Lab Director - Kurt Kettler
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hen Ole , the sample was taken or of apparently idenbeal or armlet pmdtrtda. nor de they recommit an ongoing quaky assurance program unless so noted. These reports are tor the aeluain tea ate .e6au.d den and
Mal they w/ not be reproduwd wholly or in pert for rrivertivna or purer purposes over our sgnslvs or In comeceon with our name without special wmpen psrmsston. The report Owl rr1 be reproduced accept d11u1 wNqut
women approval by par laboratory The samples not destroyed it test g are Married ■ ma.mtm of toy days. The laboratory measurement of rnnrtsny for the test method, approcinatey less than 1 by area percent.
Accredited by the National I nstnd. of Stand.rda and Technology Vo4rtary Lboraory AWedMatpn Program tar selected test method for astrstos The ew.deetion or arty reports Ilenrlded by the brboratcry In no wry
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by )MAP NISI or any agency of tar Federal Government Polarized Light Mnnaeepy may not be consistency Made n detcng.ab.aea in 11nr mverrgs end LaMar n0Mdable drg.Nuly brand materials.
Page 8 of 8
Page 157 of 577
APPENDIX B
INSPECTOR LICENSE AND CERTIFICATION
Page 158 of 577
1
• JAY LLEWELLYN
DOB: 05-31-1961
Issued: 04-06-2022
This person is licensed to perform
asbestos work in the State of Iowa. ID
card is intended for official use only and
must be present on jobsite
License Type Number Expires
INSPECTOR 22-8212 0413-2023
SUPERVISOR 22-8164 03-12-2023
Asbestos
634
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Rod A. Roberts
Labor Commissioner
Page 159 of 577
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APPENDIX C
PICTURES
Page 161 of 577
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Page 162 of 577
City of Waterloo -1804 West 4th Street — Waterloo, IA 50703
Siding was positive
Page 163 of 577
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Assumed Chimney tar
Window glazing — NO ASBESTOS
Page 164 of 577
Window caulk — where siding meets window — 3% Chrysotile
r
Caulk is in seams of siding as well
Roof shingles on felt paper — NO ASBESTOS
Page 165 of 577
Kitchen & dining area flooring-12" x 12" floor tile & mastic- NO ASBESTOS
-I
Kitchen - 12" x 12" floor tile (under #6 & wood underlayment) — NO ASBESTOS
Page 166 of 577
Kitchen area — Ceiling texture — joint compound — NO ASBESTOS
Kitchen — South end (Old pantry) — 12" x 12" floor tile / mastic — NO ASBESTOS
Kitchen area ceiling —texture — NO ASBESTOS
Page 167 of 577
Throughout — sample from kitchen — North wall — plaster — NO ASBESTOS
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Dining area — 2' x 4' ceiling tile — NO ASBESTOS
NW room — Perimeter and by light - 12" x 12" ceiling tile — NO ASBESTOS
Page 168 of 577
No adhesive for paneling
Main level — stair landing SW area — 12" x 12" floor tile & mastic — NO ASBESTOS
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2nd floor stairwell — 2' x 2' ceiling tile — NO ASBESTOS
Page 169 of 577
2nd floor — SW room — 12" x 12" floor tile & mastic — NO ASBESTOS
2"d floor —NW room -12" x 12" floor tile — 2% Chrysotile — Mastic — 4% Chrysotile
2nd floor— NW room — 12" x 12" ceiling tile — NO ASBESTOS
1
Page 170 of 577
2nd floor — NE room — 12" x 12" floor tile — 3% Chrysotile -- Mastic — 5% Chrysotile
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2"d floor — Top landing — perimeter — grey 12" x 12" floor tile — 3% Chrysotile —
mastic 5% Chrysotile
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2 floor -Top landing-center-12" x 12" floor tile-3% Chrysotile-mastic - 4% Chrysotile
Page 171 of 577
2nd floor bathroom --- 2 layers of 12" x 12" floor tile & mastic — NO ASBESTOS
Throughout — Sample from 2"d Floor NE room — plaster with texture — NO ASBESTOS
Attic insulation — NO ASBESTOS
Page 172 of 577
Basement — refractory cement — NO ASBESTOS
Garage — Drywall — NO ASBESTOS
Wall cavities & heat boots / ducts — Duct paper — 75% Chrysotile
Page 173 of 577
ASBESTOS INSPECTION
REPORT
INSPECTION ADDRESS:
City of Waterloo
207 Lafayette Street
Waterloo, IA 50703
Pro'ect #: 20-27634
SUBMITTED TO:
City of Waterloo Community Planning & Development
715 Mulberry Street
Waterloo, IA 50703
Attn: Aric Schroeder, City Planner
Page 174 of 577
ASBESTOS INSPECTION
1 2/1 3/2022
Date
22-2812
Inspector #
04/13/2023
License Expiration date
Page 175 of 577
TABLE OF CONTENT
1. INTRODUCTION
2. DEFINITIONS
3. GENERAL BUILDING OBSERVATIONS
4. REPORT DATA
a. METHOD
b. REPORT DATA
5. PROJECT SUMMARY
a. POSITIVE ASBESTOS SAMPLE LIST
b. CONCLUSIONS AND RECOMMENDATIONS
LIST OF APPENDICES
APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS
APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION
APPENDIX C - PICTURES
Page 176 of 577
SECTION 1
INTRODUCTION
For each area of the building, the inspector performing the inspection did the following:
1. Visually inspected the area(s) to identify the locations of all
suspect Asbestos Containing Building Materials.
2. Identify all homogeneous areas of friable and non -friable suspected
asbestos.
3. Assume, if necessary, that some or all of the homogeneous area(s)
are Asbestos Containing Material (ACM), and for each homogeneous
area that is not assumed to be ACM, collect and submit bulk
samples for analysis.
Page 177 of 577
SECTION 2
DEFINITIONS:
HOMOGENEOUS AREA
An area which appears similar throughout in terms of color, texture, and date of material application.
SURFACING MATERIAL
Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as
acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on
surfaces for acoustical, fireproofing, or other purposes.
THERMAL SYSTEM INSULATION
Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural
components to prevent heat Toss or gain, or water condensation, or other purposes.
MISCELLANEOUS MATERIAL
Interior building material on structural components, structural members or fixtures, such as floor and
ceiling tiles, and does not include surfacing material or thermal system insulation.
SAMPLING AND ANALYSIS
Ail samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in
accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F.
A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the
results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or
Tess (_1 %). A homogeneous area contains ACM when one or more samples collected from that area
shows greater than one (1) percent (%) asbestos (>1 %).
FRIABLE
Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled,
pulverized, or reduced to a powder by hand pressure.
NON -FRIABLE (CATEGORY 1)
Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing
more than one (1) percent (%) asbestos.
NON -FRIABLE (CATEGORY II)
Any excluding Non -Friable (Category I) Asbestos Containing Material, containing more than one (1)
percent (%) asbestos.
Page 178 of 577
SECTION 3
General Building Inspection Observations
The building inspection is conducted by a qualified and State of Iowa licensed
Asbestos Inspector. The purpose of a building inspection is to identify existing
building materials that are asbestos containing materials (ACM). If the inspection is
conducted in an occupied building, the Inspector is sometimes denied accessibility to
building areas and materials; i.e., the Inspector may not be allowed to cut through floor
coverings or walls, remove quarry tiles, etc. There are many situations where ACM are
concealed in wall cavities and other non -accessible areas, such as tunnels, crawl
spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles,
under various floor coverings, etc. When these situations occur in construction,
renovation, and/or demolition, etc., materials in these areas shall be treated as ACM
and handled as such by qualified and licensed asbestos personnel. If suspect
asbestos containing material is discovered or damaged during the course of any
activities, the material shall be considered and treated as ACM to diminish further fiber
release. In addition, the Inspector uses an independent laboratory that analyzes the
bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis
technique may not be as accurate as more expensive analysis techniques for certain
building materials. It remains the Building Owner and/or Representative(s)'
responsibility to address this issue and consider analyzing suspect building material
using different analysis techniques prior to disturbing the material(s). The following are
areas that may not be inspected.
1. Tunnels and Crawl Spaces: During the inspection process, the Inspector
attempts to check tunnels and crawl spaces for ACM and the degree of damage
to the materials. In most cases, quantification of ACM in these areas is
impossible due to the inaccessibility to these areas. In addition, these areas may
fall under: "Confined Space Regulations". Due to the congestion in tunnels and
crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap,
etc. is almost impossible. The Inspector will quantify ACM only in accessible
tunnels and crawl spaces, and estimate the quantities in the inaccessible areas.
Some reasons for inaccessibility are as follows: flooded areas, pipe congestion,
asbestos and other debris, electrical hazards, confined spaces, unknown gas
emissions, low ceilings, etc.
2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters,
storage tanks, etc. are not always accessible. Materials in these areas will be
treated as ACM. Areas of concern are packing inside boiler doors and liners.
Use extreme care and properly trained personnel when handling these types of
materials. Some boilers have insulated metal jackets over fiberglass or ACM.
Thermal system insulation can be found in many different forms; i.e., air cell,
preformed magnesium block, miliboard, etc. All fiberglass materials are
excluded as suspect ACM.
3. Debris: In areas where damaged ACM may be found there may and usually will
Page 179 of 577
be ACM debris in the general area of the damaged material. These areas shall
be treated with the utmost care even during the inspection and quantification
process. The Inspector considers any exposure to this type of material as a
health threat.
4_ State of Quantification: As a general rule, individual rooms or areas of
estimation contain inherently more probability of an error than those groups of
rooms or areas or an entire building. In other words, the aggregate tends to be
more accurate than the sums of the individual parts. Therefore, when designing
response actions (measurements, air samples, etc.), the project designer and the
asbestos abatement contractor's attention shall be given to ensure that
quantification of materials and proper methods are followed through careful
analysis of the site. If materials are quantified, the asbestos abatement contractor
or owner, owner representatives or third parties are responsible for verifying the
quantities.
5. The Inspector may take some latitude in the presentation of the Inspection
Report. When the inspector has found floor tiles, linoleum, and/or carpeting listed
he/she may or may not have adhesives listed. Adhesives have been known to
contain asbestos and therefore, although not mentioned, it may be presumed to
be ACM, listed or not. Testing of the adhesive prior to disturbing is
recommended. The same is true for adhesives or mastics used to adhere
linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing
materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected
or presumed ACM unless sampled and analyzed to indicate that they are not
ACM.
b. In the Inspection Report, certain items such as mudded joints (MJ) or metal
doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged,
which is an indication of count rather than square feet or linear feet. Most
materials listed in the assessment are either listed as square feet or linear feet
with these noted exceptions.
7. In the Assessment Process, there are additional codes such as ME and MG;
ME representing miscellaneous electrical and MG representing miscellaneous
gasket materials. Both of these codes are used to indicate materials that are
unusual to the normal course of an assessment of the building. Miscellaneous
electrical materials include old electrical wiring, switchboards, transite panels, etc.
Miscellaneous gasket materials can be found between (thermal) valves, on boiler
doors, between fittings, between molds, etc. These codes give the Inspector the
ability to qualify materials, which sometimes may not be considered as ACM.
8. An Asbestos Code Sheet is included with the Inspector's inspection report,
which informs the client as to the Homogeneous Codes used during the
inspection process.
Page 180 of 577
9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud)
found to not contain asbestos should be re -analyzed under the "Chatfield
Method" of TEM analysis. Many times the results from having these materials
analyzed under PLM results in false positives or false negatives. After reviewing
your report, please notify the inspector if you want these samples analyzed under
the "Chatfield Method".
10. Any sample less than 10% asbestos may be Point Counted. Point counting is a
more accurate method of analyzing of bulk samples. The results of the point
counting are the results that will determine if the material will be treated as
asbestos.
11. Asbestos inspections are performed based on current understanding of the
regulations. As new interpretations of the regulations are made aware of by the
EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and
Abatement Inc. will adapt their inspections to comply with these new procedures.
If additional sampling is required by the different agencies, Advanced
Environmental will do the additional sampling. The owner is responsible for the
additional cost for these samples as well as labor.
12. Advanced Environmental shall not be responsible for any cost of abating any
additional asbestos discovered in any renovation or demolition activities. Any
additional items discovered shall be tested when they become accessible. For
example, old adhesive may be under new floor tiles and adhesive. Additional
materials may be concealed in walls, under multi layers of flooring, etc.
13. All amounts listed are estimates. It is up to other contractors to field verify any
amounts that are listed within this report.
14. All material that looks similar should be treated as asbestos containing materials.
15. Asbestos Material containing <1%. Some material tested for asbestos may
contain trace amounts of asbestos and be below the threshold for asbestos
contain material according to both the Iowa DNR and Iowa State Code..
However, the Federal Occupational Safety and Health Administration still have
some regulations that contractors must follow under 29 CFR 1926.1101.
Contractors working with asbestos material with <1 % asbestos must still produce
a negative and initial exposure assessment, completed by a "competent person".
Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926.
1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and
Abatement, Inc. for consultation on how to handle material with <1% asbestos.
16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should
be considered asbestos and removed as such. Advanced Environmental makes
every effort to core roof samples through all layers.
Page 181 of 577
ASBESTOS CODES
A = Assumed
ADH = Adhesive
APW = Air Cell Pipe Wrap
BP = Boiler Plaster
C = Ceiling
CAPS = Stair Treads
CQ = Can't Quantify
CT = Ceiling Tiles
CT112 = 12" Ceiling Tiles
DAM. = Damaged
DEB = Debris
DW = Drywall
F = Friable
FE = Furnace Exhaust
FT = Floor Tiles
GASK = Gaskets
GYM = Gypsum
HOMO = Homogeneous
LINO = Linoleum
MISC = Miscellaneous Non Friable
MAC = Metal Asbestos Chimney
MATL DESC = Material Description
MD = Metal Door
ME = Miscellaneous Electrical
MF = Miscellaneous Friable
MJ = Mudded Joint
NC = Nose Cap
NF = Non Friable
NSM = Not Suspect Material
P or PH = Previous History
PP = Patched Plaster/Drywall
PSA = Sand Plaster
PSM = Smooth Plaster
S = Sample/Samples/Sampled
SCT = Suspended Ceiling Tile
SR = Sample Result
ST = Storage Tank
SUR = Surfacing
T = Thermal
Thermal Pipe Measurement = Linear Ft
TR = Transite
TSI = Thermal System Insulation
VC = Vibration Cloth
VDW = Vinyl Covered Drywall
W = Walls
WD = Wood Door
N = North
S = South
E = East
W = West
1. All Metal Doors are listed by quantities, example 3 = 3 metal doors.
2. All Mudded Joints are listed by quantities of MJ, not sizes.
3. All Pipe Wrap materials are listed in linear feet.
4. All other measurements are square feet unless stated elsewhere.
5. Sample Results: N = Not Considered Asbestos Containing Material
Y = Considered Asbestos Containing Material
P or PH = Previous History
N/A = Not Analyzed
<1 % = Contains Tess than 1 % Asbestos Containing Material
>1 % = Contains more than 1 % Asbestos Containing
Material
6. All Adhesives are considered Asbestos Containing Material (ACM) which
can't be quantified - Non Friable ACM.
7. All Seals and Gaskets are considered Asbestos Containing Material (ACM)
which can't be quantified — Non Friable ACM.
Page 182 of 577
SECTION 4
REPORT DATA
BUILDING NAME: Residence — 207 Lafayette Street — Waterloo, IA
INSPECTION AREAS: Throughout
CLIENT CONTRACT: City of Waterloo — Aric Schroeder
METHOD:
All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited
by the National Institute for Standards and Technology for Polarized Light Microscopy
analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was
completed by a State of Iowa licensed asbestos inspector. Sampling methods were
based on National Emission Standards for Hazardous Air Pollutants (NESHAPS)
protocols. Bulk samples of suspect asbestos containing material were analyzed by
Polarized Light Microscopy (PLM) using EPA Method 600-R93-116.
OVERVIEW:
An asbestos inspection was conducted at the residence located at 207 Lafayette Street
in Waterloo, IA on December 1st, 2022. The house has two and'/2 stories. At the time
of inspection, a total of twenty-two samples were analyzed with thirty-nine layers
analyzed for asbestos content. Each sample is broken down by layers if necessary
(Le. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing,
and thermal. The following samples were taken of each:
Miscellaneous samples tested include:
Drywall joint compound
Window glazing
Surfacing samples included:
Ceiling & wall texture
Plaster
Thermal samples include:
Duct paper
Sheet flooring / linoleum & mastic
Roof shingles
Plaster
Page 183 of 577
SECTION 5
POSITIVE SAMPLE RESULTS:
The following samples tested positive (>1 %) for asbestos:
1) Ceiling texture in NE room on main level +- 160 sq. ft. 3% Chrysotile
4) Ceiling texture in SE room on main level +- 200 sq. ft. 3% Chrysotile
5) Black flooring under carpeting in NE room +- 200 sq. ft. 3% Chrysotile
10) Duct paper in heat register on 15t floor, wall cavities, basement 90% Chrysotile
18) Window glazing 3% Chrysotile
ASSUMED — roof tar at base of chimney / roof vents ASSUMED
Transite piece in the basement on the ceiling — east side
The inspection was to identify asbestos containing materials prior to demolition. The
Inspection entailed a visual assessment of the property for suspect asbestos
containing materials, collection, and submittal of bulk samples for analysis.
In the State of Iowa, asbestos is regulated by the Iowa Department of Natural
Resources and the Iowa Division of Labor.
CONCLUSIONS AND RECOMMENDATIONS
This house has a hole in the ceiling on the west side of the house. The stairs to the
basement and 2nd floor are located under this hole. Weather has deteriorated the
stairs. To get to the 2nd floor, we had to use a ladder and go through a window. We
were able to move some items and get to the basement. Every floor (including the
basement) is full of debris. Clothing, furniture, debris, washing machines, etc...
The first floor, east half of the house has positive ceiling texture. All the debris,
furniture, clothing is contaminated with this ceiling texture. The south room has two
layers of drywall on the ceiling with texture. The top layer is the layer of positive
texture). Both layers will need to be removed. There is approximately 400 sq. ft. of
ceiling texture.
There was some flooring in the SE room under all of this debris and carpeting that had
3% Chrysotile as well. There is approximately 160 sq. ft. of this material.
The duct paper was positive. It is in the wall cavities and basement. The basement is
full of debris. Items will need to be moved to get to ducts with the asbestos paper.
Where the ducts have been damaged, abatement contractor will have to look for acm
on the floors. Approximately 150 sq. ft. of acm duct paper.
Windows on the house had positive glazing. There are +- 30 windows. (Basement
window glazing were negative)
There were two items that were assumed. Roof tar around the chimney base and a
small piece of transite in the basement along the east wall on the ceiling.
Page 184 of 577
APPENDIX A
SAMPLE INVENTORY LIST, LAB ANALYSIS
Page 185 of 577
-
Facility NamelSite Location
Inspected By:
Jay Llewellyn
12/1 /2022
Results
0%, 3% Chrysotile _
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90%Chrysotile
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Current Condition
damaged
damaged
damaged
damaged
good
some damage
damaged
rsome damage
good
ms
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damaged
some damage
some damage
some damage
good
good
damaged
good
tipp
good
damaged
damaged
City of Waterloo - Residence
207 Lafayette Street
Waterloo, IA 50703
Location _
Thorughout - sample from NE room ceiling
Thoughout - sample from SE room ceiling
NE room (above sample #3)
SE room - under carpeting
Front entry +- 12 sq. ft.
Throughout - sample from NE room - west wal3
Kitchen +-150 sq. ft.
Pantry (north room off kitchen with stove in room)
Hall from kitchen to basement stairs +- 15 sq. ft.
Basement & wall cavities
Basement SE area wall
2nd floor bathroom - two layers +-120 sq. ft.
2nd floor bathroom - bottom layers +-120 sq. ft.
2nd Ioor bathroom - south wall +- 4 sq. ft.
Stairway to attic - south wall
2nd floor - Middle area
I2nd floor - NW porch area?
N
3
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13
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Basement windows
Top layer
Roof - bottom 3 layers
mound chimney base
Basement - along east wall on ceiling
O
white / white
grey
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grey / white
brown (wood)
brown (wood)
grey
4%
Grey / tan -blue
multi color / wood?
grey 1 white
grey / white
blue / ghrey _
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Bottom 2 layers of flooring
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Plaster / joint compound
Ceiling texture / plaster
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Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-206 LAFAYATTE ST.
Job#1P.O.#:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283568
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample
Location
Layer Name / Asbestos Asbestos Type Non -Asbestos
Sample Description Detected (%) Constituents
0283568-001 THROUGHOUT- LAYER 1
1 SAMPLE FROM NE Drywall, Off While! Brown
RM CEILING
No None Detected
LAYER 2 Yes Chrysotile 3%
Texture. Off White
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
Carbonates
Mica
Quartz
Perlite
Binder/Filler
12%
88%
97%
0283568-002 KITCHEN
2
Plaster, Gray/ Tan Na None Detected
Gypsum
Quartz
Mica
Carbonates
100%
0283568-003 THROUGHOUT- LAYER 1
3 SAMPLE FROM SE Drywall. OH White! Brown
RM CEILING
LAYER 2
Joint Compound, Off White
LAYER 3
Popcorn Texture. White
No None Detected
No None Detected
No None Detected
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
Cellulose Fiber
Carbonates
Mica
Quartz
Perlite
Binder/Filler
Carbonates
Mica
Quartz
Perlite
Binder/Filler
12%
88%
<1%
99%
100%
Page 1 of 7
Page 187 of 577
EMC LABS, INC. Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283568
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopv
NVLAP#101926-0
Client. ADVANCED ENVIRONMENTAL Job# / P.O. #: 22-27634
Address; 803 RICKER ST. Date Received: 12/05/2022
WATERLOO IA 50703 Date Analyzed: 12/08/2022
Collected: 12101/2022 Date Reported: 12/08/2022
Project Name: CITY OF WATERLOO-206 LAFAYATTE ST. EPA Method: EPA 600/R-93/116
Address: Submitted By: JAY LLEWELLYN
Collected By:
Lab ID Sample Layer Name / Asbestos Asbestos Type Non -Asbestos
Client ID Location Sample Description Detected (%) Constituents
0283568-004 NE RM (ABOVE LAYER 1
4 SAMPLE #3)
Drywall, Off Whiter Brown
LAYER 2
Texture, Off White
No None Detected
Yes Chrysotile 3%
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
Carbonates
Mica
Quartz
Binder/Filler
12%
88%
97%
0283568-005 SE RM-UNDER Flooring, Black
5 CARPETING
Yes Chrysotile 3%
Carbonates
Gypsum
Quartz
Binder/Filler
97%
0283568-006 FRONT ENTRY Linoleum, Gray/ Tan
6
No None Detected
Fibrous Glass
Carbonates
Quartz
Binder/Filler
5%
95%
0283558-007 THROUGHOUT- LAYER 1
7 SAMPLE FROM NE Plaster, Gray! Tan
RM-W. WALL
No None Detected
LAYER 2 No None Detected
Skim Coat/ Paint, White! Yellow
Hair 1%
Gypsum
Quartz
Mica
Carbonates
Carbonates
Mica
Quartz
Perlite
Binder/Filler
g9%
100%
Page 2 of 7
Page 188 of 577
Client:
Address;
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
Collected: 12/01/2022
Project Name: CITY OF WATERLOO-206 LAFAYATTE ST.
Address:
Job#/P.O.#:
Date Received:
Date Analyzed.
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283568
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name / Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283568-008 KITCHEN
8
LAYER 1 No None Detected
Linoleum, Lt, Brown
LAYER 2
Adhesive, Tan
No None Detected
Carbonates
Quartz
Binder/Filler
Carbonates
Quartz
BinderlFiller
100%
100%
0283568-009 PANTRY
8A
Linoleum, Wood Grain/ Brown No None Detected
Fibrous Glass
Carbonates
Quartz
Binder/Filler
5%
95%
0283568-010 HALL FROM LAYER 1
9 KITCHEN TO Linoleum, Wood Gra n! Brown
BASEMENT STAIRS
LAYER 2
Adhesive, Tan
No None Detected
No None Detected
Fibrous Glass
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
5%
95%
1%
99%
0283568-011 BASEMENT & WALL Duct Paper, Gray Yes Chrysotile 907.
10 CAVITIES
Cellulose Fiber
Carbonates
Gypsum
Binder/Filler
5%
5%
0283568-012 BASEMENT SE
11 AREA WALL
Drywall, Off White No None Detected
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
12%
88%
Page 3 of 7
Page 189 of 577
Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283568
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926.0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12101 /2022
CITY OF WATERLOO-206 LAFAYATTE ST.
Job# / PA. #:
Date Received;
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 6001R-931116
JAY LLEWELLYN
Lab 1D
Client ID
Sample
Location
Layer Name / Asbestos Asbestos Type Non -Asbestos
Sample Description Detected (%) Constituents
0283568-013 2ND FL BATHRM- LAYER 1 No None Detected
12 TWO LAYERS Flooring: Top, Green Gray
LAYER 2
Adhesive, Tan
No None Detected
LAYER 3 No None Detected
Flooring: VCT, Tan/Lt. Blue
Synthetic Fiber
Cellulose Fiber
Fibrous Glass
Carbonates
Quartz
Periite
BinderlFiller
Cellulose Fiber
Carbonates
Quartz
BinderlFiller
Carbonates
Quartz
BinderlFiller
8%
2%
2%
88%
1%
99%
100%
0283568-014 2ND FL BATHRM- LAYER 1
13 BOTTOM LAYERS Flooring: Bottom, Multi -Color/
Beige
LAYER 2
Adhesive, Tan
LAYER 3
Flooring: VCT, Wood Grain/
Brown
LAYER 4
Adhesive, Tan
No None Detected
No None Detected
No None Detected
No None Detected
Carbonates
Quartz
BinderlFiller
Cellulose Fiber
Carbonates
Quartz
BinderlFiller
Carbonates
Quartz
Binder/Filler
Carbonates
Quartz
Binder/Filler
100%
<1%
99%
100%
100%
Page 4 of 7
Page 190 of 577
Client:
Address:
EMC LABS, INC.
9630 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800.362.3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
Collected: 12/01/2022
Project Name: CITY OF WATERLOO-206 LAFAYATTE ST.
Address:
Job#tP.O.#:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283568
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 6001R-931116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283568-015 2ND FL BATHRM- LAYER 1 No None Detected
14 SOUTH WALL Plaster, Lt. Gray
LAYER 2
Patch, While
No None Detected
Hair
Gypsum
Quartz
Mica
Carbonates
Carbonates
Mica
Quartz
Binder/Filler
1%
99%
100%
0283568-016 STAIRWAY TO
15 ATTIC-S, WALL
LAYER 1 No None Detected
Plaster, Lt. Gray
LAYER 2 No None Detected
Joint Compound, White
Hair
Gypsum
Quartz
Mica
Carbonates
Cellulose Fiber
Carbonates
Mica
Quartz
Binder/Filler
1%
99%
<1%
99%
0283568-017 2ND FL -MIDDLE LAYER 1
16 AREA
Ceiling Texture. White/ Blue
LAYER 2
Plaster, Gray
No None Detected
No None Detected
Carbonates
Mica
Quartz
Perlite
Binder/Filler
Hair
Gypsum
Quartz
Mica
Carbonates
100%
1%
99%
Page 5 of 7
Page 191 of 577
Client:
Address:
Collected:
Project Name:
Address:
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-206 LAFAYATI'E ST.
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light MicroscoDv
NVLAP#101926-0
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283568
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample
Location
Layer Name 1 Asbestos Asbestos Type Non -Asbestos
Sample Description Detected (%) Constituents
0283568-018 2ND FL -NW PORCH Window Glazing, White No None Detected
17 AREA?
Carbonates
Quartz
Binder/Filler
100%
0283568-019 HOUSE WINDOWS Window Glazing, Off White Yes Chrysotile 3%
1B
Carbonates
Quartz
BinderlFiller
97%
0283568-020 BASEMENT Window Glazing, Off White
19 WINDOWS
No None Detected
Carbonates
Quartz
Binder/Filter
100%
0283568-021 TOP LAYER Roof Shingle, Gray/ Black
20
0283568-022 ROOF -BOTTOM 3 LAYER 1
21 LAYER Roof Shingle, Green/ Black
LAYER 2
Roof Shingle, Black
No None Detected
No None Detected
No None Detected
Fibrous Glass 10%
Carbonates
Quartz
Binder/Filler 90%
LAYER 3 No None Detected
Roof Shingle, Green/ Black
Cellulose Fiber 20%
Carbonates
Quartz
Binder/Filler 80%
Fibrous Glass 10%
Carbonates
Quartz
Binder/Filler 90%
Cellulose Fiber 20%
Carbonates
Gypsum
Quartz
Binder/Filler 80%
Page 6 of 7
Page 192 of 577
Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283568
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscoa
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-206 LAFAYATTE ST.
Job# 1 P.O. #:
Date Receive&
Date Analyzed;
Date Reported;
EPA Method:
Submitted By;
Collected By:
22-27634
12/05/2022
12/08/2022
12/08/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample
Location
Layer Name ! Asbestos Asbestos Type Non -Asbestos
Sample Description Detected (%)
Constituents
4,20•44cdft_i
Analyst - Mark Steiner
Signatory - Lab Director - Kurt Kettler
Dishcay Illstrect.nNr separebla nywa d wnp.s w ...Wed ea eubsamplas W tna wlwl. and re,.parted Weren't, for rem dncvnble layer All analyses an droved from ntsral.d weal estimate end mwued
h area prcent unless carmen road TM report apples to V. standards or procedure* Iq.nIA.d and to the ,.mp41s) Iesm.d_ The last neon are not menu* hdsaeve o, representative of tree melee of the M
ham vhttb the sample was trim w al apparently Identical or similar products. nor do they represent an ongoing quality assurance program unless so noted These reports we for the 1c1nl,e use of Ma addressed [ten and
Mal they pad not be reproduced rawly or In pout for edwrtnind or cent laapeses war mul sgnabd. or In perwroaan with ow name nont,. .pedal meow p.micson. The report shall not be reproduced except in full odour
realm approval by ow laboratory. Th. ..man not desboywt in hang are Monad a masmum of 14rly days. The labcfatury measurement d room my for tree teat method a approximately Ins than 1 by area pn,cenl
Accredited by the Natanal minute ol Standards and T.chn&ogy. Vobntary Laboratory Acn.dilaunn program M salesud test m d,od IN asbestos. The anx.dnilon or ry repots pnrral.d by do faboralary In no way
constitutes or implies proem certification. approval. w erdonamrtt by the Nation Inbbde of Standards end Technology The moon mug not tie used by the dent ra dam pradacl wick:non approval. or endorsement
by ',SWAP NLST or any agency ol the Federal Government. Potmnd Light Mcroscopy may not be consistently reliable in Manna asbestos in flow coverings and .engr non -triable orgerdcaN bound matenab
Page 7 of 7
Page 193 of 577
APPENDIX B
INSPECTOR LICENSE AND CERTIFICATION
Page 194 of 577
1
JAY LLEWELLYN
DOB: 05-31-1961
Issued: 04-06-2022
This person is licensed to perform
asbestos work in the State of Iowa. ID
card is intended for official use only and
must be present on jobsite.
License Type Number Expires
INSPECTOR 22-8212 04-13-2023
SUPERVISOR 22-8184 03-12-2023
Asbestos
634 a 6 .
Rod A. Roberts
Labor Commissioner
1
Page 195 of 577
le
i
a ,
e
i
I
-r •
IMO
•
nspector Refresher Training
Asbestos Building
This is to certify that
N
J
Date of Course Completion 4/13/22
Date of Course Examination 4/13/22 with Passing Score of 70% or Higher via online course
727-873-6442
E
0
asbestosonlinetraini
4-
Expiration Date 4/13/23
Certificate # 41322-BIR32
L
0
u
2
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Course # FL-490006359 Provider #
FL-490005406
-i
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fi
41
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i •
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Page 196 of 577
APPENDIX C
PICTURES
Page 197 of 577
Kitchen
Stairs are collapsed
Pantry off kitchen
Front porch
15t Floor
/// - Gt.•L ...r
Page 198 of 577
Bedroom Bedroom
i
(It
(tt
Bedroom
2nd Floor
Bathroom
et]
Bedroom
Page 199 of 577
City of Waterloo — 206 Lafayette Street — 50703
Page 200 of 577
V1ain level — NE Room — Texture on drywall — 3% Chrysotile
Kitchen — Plaster — NO ASBESTOS
Two layers of drywall on ceiling in SE area — Texture on upper layer
was positive — 3% Chrysotile — These areas are filled with debris — see
pics on next page
Page 201 of 577
Two layers of drywall on ceiling in SE area — Texture on upper layer
was positive — 3% Chrysotile — These areas are filled with debris
Black flooring under carpeting in SE room — 3% Chrysotile
Front Entry — Linoleum — NO ASBESTOS
Page 202 of 577
Wood floor under carpeting in NE room
under paneling) — Plaster NO ASBESTOS
Kitchen floor — Linoleum & adhesive — NO ASBESTOS
Page 203 of 577
Pantry (North kitchen area) — Linoleum — NO ASBESTOS
Hallway to basement stairs (That are destroyed) — Linoleum — NO ASBESTOS
7
t
Basement duct paper — 90% Chrysotile
Page 204 of 577
Basement duct paper — 90% Chrysotile- in wall cavities
Basement is full of debris Duct paper- 90% Chrysotile
Duct paper- 90% Chrysotile
Page 205 of 577
Basement drywall — NO ASBESTOS
2"d floor Bathroom — Multiple layers of flooring — All came back as NO ASBESTOS
Had to use a ladder to get to 2"d floor as stairs to 2"d floor have caved in
2nd floor Bathroom
Page 206 of 577
2nd floor — Bathroom — plaster patch on south wall — NO ASBESTOS
L
114431,
2nd floor rooms are all filled with debris — Looked under carpeting — Wood floors
IR\
,z • 4.
Page 207 of 577
Attic filled with debris
Attic stairwell — Plaster patch — NO ASBESTOS
2nd floor ceiling texture on plaster — NO ASBESTOS
Page 208 of 577
2"d floor — NW Porch windows — Glazing — NO ASBESTOS
House windows — Glazing — 3% Chrysotile
Basement windows — Glazing — NO ASBESTOS
Page 209 of 577
Roof shingles —Top layers — NO ASBESTOS
Roof shingles — Bottom layers — NO ASBESTOS
Page 210 of 577
Basement — Assumed transite on ceiling
Page 211 of 577
ASBESTOS INSPECTION
REPORT
INSPECTION ADDRESS:
City of Waterloo
208 Sunnyside Avenue
Waterloo, IA 50701
Pro-ect #: 20-27634
mot Part Fr-ATI FPIAJ.
kveir.=.1 to-rar PTA.' PFla
`r4-7.1. Tr-MVi."-7,T017-1.7M7Firl - 4-$4
SUBMITTED TO:
City of Waterloo Community Planning & Development
715 Mulberry Street
Waterloo, IA 50703
Attn: Aric Schroeder, City Planner
Page 212 of 577
ASBESTOS INSPECTION
Pr: oar-, b
yn, Inspector
12/13/2022
Date
22-2812
Inspector #
04/13/2023
License Expiration date
Page 213 of 577
TABLE OF CONTENT
1. INTRODUCTION
2. DEFINITIONS
3. GENERAL BUILDING OBSERVATIONS
4. REPORT DATA
a. METHOD
b. REPORT DATA
5. PROJECT SUMMARY
a. POSITIVE ASBESTOS SAMPLE LIST
b. CONCLUSIONS AND RECOMMENDATIONS
LIST OF APPENDICES
APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS
APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION
APPENDIX C - PICTURES
Page 214 of 577
SECTION 1
INTRODUCTION
For each area of the building, the inspector performing the inspection did the following:
1. Visually inspected the area(s) to identify the locations of all
suspect Asbestos Containing Building Materials.
2. Identify all homogeneous areas of friable and non -friable suspected
asbestos.
3. Assume, if necessary, that some or all of the homogeneous area(s)
are Asbestos Containing Material (ACM), and for each homogeneous
area that is not assumed to be ACM, collect and submit bulk
samples for analysis.
Page 215 of 577
SECTION 2
DEFINITIONS:
HOMOGENEOUS AREA
An area which appears similar throughout in terms of color, texture, and date of material application.
SURFACING MATERIAL
Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as
acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on
surfaces for acoustical, fireproofing, or other purposes.
THERMAL SYSTEM INSULATION
Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural
components to prevent heat loss or gain, or water condensation, or other purposes.
MISCELLANEOUS MATERIAL
Interior building material on structural components, structural members or fixtures, such as floor and
ceiling tiles, and does not include surfacing material or thermal system insulation.
SAMPLING AND ANALYSIS
All samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in
accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F.
A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the
results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or
less Li %). A homogeneous area contains ACM when one or more samples collected from that area
shows greater than one (1) percent (%) asbestos (>1 %).
FRIABLE
Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled,
pulverized, or reduced to a powder by hand pressure.
NON -FRIABLE (CATEGORY I),
Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing
more than one (1) percent (%) asbestos.
NON -FRIABLE (CATEGORY II)
Any excluding Non -Friable (Category I) Asbestos Containing Material, containing more than one (1)
percent (%) asbestos.
Page 216 of 577
SECTION 3
General Building Inspection Observations
The building inspection is conducted by a qualified and State of lowa licensed
Asbestos Inspector. The purpose of a building inspection is to identify existing
building materials that are asbestos containing materials (ACM). If the inspection is
conducted in an occupied building, the Inspector is sometimes denied accessibility to
building areas and materials; i.e., the Inspector may not be allowed to cut through floor
coverings or walls, remove quarry tiles, etc. There are many situations where ACM are
concealed in wall cavities and other non -accessible areas, such as tunnels, crawl
spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles,
under various floor coverings, etc. When these situations occur in construction,
renovation, and/or demolition, etc., materials in these areas shall be treated as ACM
and handled as such by qualified and licensed asbestos personnel. If suspect
asbestos containing material is discovered or damaged during the course of any
activities, the material shall be considered and treated as ACM to diminish further fiber
release. In addition, the Inspector uses an independent laboratory that analyzes the
bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis
technique may not be as accurate as more expensive analysis techniques for certain
building materials. It remains the Building Owner and/or Representative(s)'
responsibility to address this issue and consider analyzing suspect building material
using different analysis techniques prior to disturbing the material(s). The following are
areas that may not be inspected.
1. Tunnels and Crawl Spaces: During the inspection process, the Inspector
attempts to check tunnels and crawl spaces for ACM and the degree of damage
to the materials. In most cases, quantification of ACM in these areas is
impossible due to the inaccessibility to these areas. In addition, these areas may
fall under: "Confined Space Regulations". Due to the congestion in tunnels and
crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap,
etc. is almost impossible. The Inspector will quantify ACM only in accessible
tunnels and crawl spaces, and estimate the quantities in the inaccessible areas.
Some reasons for inaccessibility are as follows: flooded areas, pipe congestion,
asbestos and other debris, electrical hazards, confined spaces, unknown gas
emissions, low ceilings, etc.
2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters,
storage tanks, etc. are not always accessible. Materials in these areas will be
treated as ACM. Areas of concern are packing inside boiler doors and liners.
Use extreme care and properly trained personnel when handling these types of
materials. Some boilers have insulated metal jackets over fiberglass or ACM.
Thermal system insulation can be found in many different forms; i.e., air cell,
preformed magnesium block, millboard, etc. All fiberglass materials are
excluded as suspect ACM.
3. Debris: In areas where damaged ACM may be found there may and usually will
Page 217 of 577
be ACM debris in the general area of the damaged material. These areas shall
be treated with the utmost care even during the inspection and quantification
process. The Inspector considers any exposure to this type of material as a
health threat.
4. State of Quantification: As a general rule, individual rooms or areas of
estimation contain inherently more probability of an error than those groups of
rooms or areas or an entire building. In other words, the aggregate tends to be
more accurate than the sums of the individual parts. Therefore, when designing
response actions (measurements, air samples, etc.), the project designer and the
asbestos abatement contractor's attention shall be given to ensure that
quantification of materials and proper methods are followed through careful
analysis of the site. If materials are quantified, the asbestos abatement contractor
or owner, owner representatives or third parties are responsible for verifying the
quantities.
5. The Inspector may take some latitude in the presentation of the Inspection
Report. When the Inspector has found floor tiles, linoleum, and/or carpeting listed
he/she may or may not have adhesives listed. Adhesives have been known to
contain asbestos and therefore, although not mentioned, it may be presumed to
be ACM, listed or not. Testing of the adhesive prior to disturbing is
recommended. The same is true for adhesives or mastics used to adhere
linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing
materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected
or presumed ACM unless sampled and analyzed to indicate that they are not
ACM.
b. In the Inspection Report, certain items such as mudded joints (MJ) or metal
doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged,
which is an indication of count rather than square feet or linear feet. Most
materials listed in the assessment are either listed as square feet or linear feet
with these noted exceptions.
7. In the Assessment Process, there are additional codes such as ME and MG;
ME representing miscellaneous electrical and MG representing miscellaneous
gasket materials. Both of these codes are used to indicate materials that are
unusual to the normal course of an assessment of the building. Miscellaneous
electrical materials include old electrical wiring, switchboards, transite panels, etc.
Miscellaneous gasket materials can be found between (thermal) valves, on boiler
doors, between fittings, between molds, etc. These codes give the Inspector the
ability to qualify materials, which sometimes may not be considered as ACM.
8. An Asbestos Code Sheet is included with the Inspector's inspection report,
which informs the client as to the Homogeneous Codes used during the
inspection process.
Page 218 of 577
9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud)
found to not contain asbestos should be re -analyzed under the "Chatfield
Method" of TEM analysis. Many times the results from having these materials
analyzed under PLM results in false positives or false negatives. After reviewing
your report, please notify the inspector if you want these samples analyzed under
the "Chatfield Method".
10. Any sample less than 10% asbestos may be Point Counted. Point counting is a
more accurate method of analyzing of bulk samples. The results of the point
counting are the results that will determine if the material will be treated as
asbestos.
11. Asbestos inspections are performed based on current understanding of the
regulations. As new interpretations of the regulations are made aware of by the
EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and
Abatement Inc. will adapt their inspections to comply with these new procedures.
If additional sampling is required by the different agencies, Advanced
Environmental will do the additional sampling. The owner is responsible for the
additional cost for these samples as well as labor.
12. Advanced Environmental shall not be responsible for any cost of abating any
additional asbestos discovered in any renovation or demolition activities. Any
additional items discovered shall be tested when they become accessible. For
example, old adhesive may be under new floor tiles and adhesive. Additional
materials may be concealed in walls, under multi layers of flooring, etc.
13. All amounts listed are estimates. It is up to other contractors to field verify any
amounts that are listed within this report.
14. All material that looks similar should be treated as asbestos containing materials.
15. Asbestos Material containing <1 %. Some material tested for asbestos may
contain trace amounts of asbestos and be below the threshold for asbestos
contain material according to both the Iowa DNR and Iowa State Code..
However, the Federal Occupational Safety and Health Administration still have
some regulations that contractors must follow under 29 CFR 1926.1101.
Contractors working with asbestos material with <1 % asbestos must still produce
a negative and initial exposure assessment, completed by a "competent person".
Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926.
1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and
Abatement, Inc. for consultation on how to handle material with <1% asbestos.
16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should
be considered asbestos and removed as such. Advanced Environmental makes
every effort to core roof samples through all layers.
Page 219 of 577
ASBESTOS CODES
A = Assumed
ADH = Adhesive
APW = Air Cell Pipe Wrap
BP = Boiler Plaster
C = Ceiling
CAPS = Stair Treads
CQ = Can't Quantify
CT = Ceiling Tiles
CT112 = 12" Ceiling Tiles
DAM. = Damaged
DEB = Debris
DW = Drywall
F = Friable
FE = Furnace Exhaust
FT = Floor Tiles
GASK = Gaskets
GYM = Gypsum
HOMO = Homogeneous
LINO = Linoleum
MISC = Miscellaneous Non Friable
MAC = Metal Asbestos Chimney
MATL DESC = Material Description
MD = Metal Door
ME = Miscellaneous Electrical
MF = Miscellaneous Friable
MJ = Mudded Joint
NC = Nose Cap
NF = Non Friable
NSM = Not Suspect Material
P or PH = Previous History
PP = Patched Plaster/Drywall
PSA = Sand Plaster
PSM = Smooth Plaster
S = Sample/Samples/Sampled
SCT = Suspended Ceiling Tile
SR = Sample Result
ST = Storage Tank
SUR = Surfacing
T = Thermal
Thermal Pipe Measurement = Linear Ft
TR = Transite
TSI = Thermal System Insulation
VC = Vibration Cloth
VDW = Vinyl Covered Drywall
W = Walls
WD = Wood Door
N = North
S = South
E = East
W = West
1. All Metal Doors are listed by quantities, example 3 = 3 metal doors.
2. All Mudded Joints are listed by quantities of MJ, not sizes.
3. All Pipe Wrap materials are listed in linear feet.
4. Ali other measurements are square feet unless stated elsewhere.
5. Sample Results: N = Not Considered Asbestos Containing Material
Y = Considered Asbestos Containing Material
P or PH = Previous History
N/A = Not Analyzed
<1 % = Contains less than 1% Asbestos Containing Material
>1 % = Contains more than 1% Asbestos Containing
Material
6. All Adhesives are considered Asbestos Containing Material (ACM) which
can't be quantified - Non Friable ACM.
7. All Seals and Gaskets are considered Asbestos Containing Material (ACM)
which can't be quantified — Non Friable ACM.
Page 220 of 577
SECTION 4
REPORT DATA
BUILDING NAME: Residence — 208 Sunnyside Avenue — Waterloo, IA
INSPECTION AREAS: Throughout
CLIENT CONTRACT: City of Waterloo — Aric Schroeder
METHOD:
All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited
by the National Institute for Standards and Technology for Polarized Light Microscopy
analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was
completed by a State of lowa licensed asbestos inspector. Sampling methods were
based on National Emission Standards for Hazardous Air Pollutants (NESHAPS)
protocols. Bulk samples of suspect asbestos containing material were analyzed by
Polarized Light Microscopy (PLM) using EPA Method 600-R93-116.
OVERVIEW:
An asbestos inspection was conducted at the residence located at 208 Sunnyside
Avenue in Waterloo, IA on December 1st, 2022. The house has two stories. At the
time of inspection, a total of nineteen samples were analyzed with thirty-seven layers
analyzed for asbestos content. Each sample is broken down by layers if necessary
(I.e. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing,
and thermal. The following samples were taken of each:
Miscellaneous samples tested include:
Drywall joint compound
Sink coating
Roof flashing tar
Linoleum & mastic
Roof shingles
Window glazing
Surfacing samples included:
Ceiling & wall texture Plaster
Thermal samples include:
Duct paper
Page 221 of 577
POSITIVE SAMPLE RESULTS:
The following samples tested positive (>1 %) for asbestos:
12A) Duct paper in heat register on 15' floor, wall cavities, basement
16) Flashing tar — where shingles meet siding & chimney base.
19) Window glazing
ASSUMED — roof tar at base of chimney / roof vents
SECTION 5
85% Chrysotile
5% Chrysotile
3% Chrysotile
ASSUMED
The inspection was to identify asbestos containing materials prior to demolition. The
Inspection entailed a visual assessment of the property for suspect asbestos
containing materials, collection, and submittal of bulk samples for analysis.
In the State of Iowa, asbestos is regulated by the Iowa Department of Natural
Resources and the Iowa Division of Labor.
CONCLUSIONS AND RECOMMENDATIONS
This house has a hole in the roof on the south side of the house. The stairs to the
basement and 2nd floor are located under this hole. Weather has deteriorated the
stairs. To get to the 2nd floor, we had to use a ladder and go through a hole on the 2nd
floor. A ladder was also used to get down to the basement. The front porch is also in
poor condition.
The duct paper was positive. It is in the wall cavities and basement. There are at least
4 runs to the 2nd floor. The one in the kitchen is encased in wood. On the front (east
part of the basement, some of the duct paper is on the floor. There is approximately
150 sq. ft. of acm duct paper.
The basement windows had positive window glazing. There are 5-6 windows.
The flashing roof tar on the front porch where the shingles meet the siding was
positive. Approximately 25 In. ft. of flashing tar. The roof tar around the chimney base
and the dormer are assumed to be the same tar.
Page 222 of 577
APPENDIX A
SAMPLE INVENTORY LIST, LAB ANALYSIS
Page 223 of 577
1
Facility Name/Site Location
Inspected By:
Jay Llewellyn
12/1/2022
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3% Chrysotiie 1
same as #16
,
Current Condition
a)ca
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damaged 1
damaged
damaged
some damage
good
good
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some damage i
damaged
damaged
some damage
damaged
damaged
damaged
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-
good 1
good
City of Waterloo - Residence
208 Sunnyside Avenue
Waterloo, IA 50701
Location
Throughout - sample from NE room ceiling
Throughout - sample from NW room ceiling
Kitchen ceiling
Kitchen ceiling
Kitchen flooring - {under debris) +- 150 sq. ft.
Kitchen sink
Throughout - sample from 2nd floor - SE room
�nd floor - NW room - ceiling (on drywall)
2nd floor bathroom =- 130 sq. ft.
2nd floor - bathroom ceiling
2nd floor - bathroom walls (south wall)
Front entry (under much debris) - +- 60 sq. ft.
Basement & wall cavities
Basement stairs
Roof - top layers
Roof - bottom layers
Roof - where shingles meet siding
House windows
Basement windows
Around chimney base
Color
.
tu
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grey white
white / white
f
while/white/while
grey
r
f\k
'
blueish
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black / blue-green
I
- '
iv
-
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t
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Plaster w texture
Plaster w texture
Drywall w texture
Drywall JC w texture
E
t
5
Sink coating
Plaster w texture
Joint compound w texture
Linoleum
Joint compound w texture
Drywall jc w texture
E
.)
§
Duct paper
E
2
c
Roof shingles
Roof shingles
Flashing tar
NO SAMPLE
Window glazing
c
M
o
Roof tar
]
2
C. CD
co
-
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Cr
_
o
4-
a-
a
a-
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CASSUMED
Pace
224
of 577
Client:
Address:
Collected:
Project Name:
Address:
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12101 /2022
CITY OF WATERLOO-208 SUNNYSIDE
AVE-WATERLOO, IA 50701
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Jab# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283546
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name ! Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283546-001 THROUGOUT- LAYER 1
208S-1 SAMPLE FROM NE Plaster -Scratch Coat, Beige
RM CEILING
LAYER 2
Plaster -Finish Coat, White/ Lt.
Green
LAYER 3
Texture, White
No None Detected
No None Detected
No None Detected
Hair
Quartz
Gypsum
Carbonates
Mica
Gypsum
Quartz
Carbonates
Mica
Binder/Filler
Carbonates
Mica
Quartz
Perlite
Binder/Filler
<1%
99%
100%
100%
0283546-002 THROUGOUT- LAYER 1
2085-2 SAMPLE FROM NW Plaster -Scratch Coat, Beige
RM CEILING
LAYER 2
Plaster -Finish Coat, White/ Lt.
Gray
LAYER 3
Texture, White
No None Detected
No None Detected
No None Detected
Hair
Quartz
Gypsum
Carbonates
Mica
Gypsum
Quartz
Carbonates
Mica
Binder/Filler
Carbonates
Mica
Quartz
Perfite
Binder/Filler
<1%
99%
100%
100%
Page 1 of 7
Page 225 of 577
Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-208 SUNNYSIDE
AVE-WATERLOO, IA 50701
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283546
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name / Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283546-003 KITCHEN CEILING LAYER 1
2085-3 Drywall, White! Brown
No None Detected
LAYER 2 No None Detected
Texture, Whitel Off White
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
Carbonates
Mica
Quartz
Perlite
BinderlFiller
12%
88%
100%
0283546-004 KITCHEN CEILING LAYER 1
208S-4 Drywall, Whitel Brown
LAYER 2
Texture! Paint, Whitel Off White
Note: No Joint Compound
Present in Sample
No None Detected
No None Detected
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
Carbonates
Mica
Quartz
Perlite
Binder/Filler
12%
88%
100%
0283546-005 KITCHEN LAYER 1
2085-5 FLOORING -(UNDER Linoleum, White
DEBRIS)
No None Detected
LAYER 2 No None Detected
Mastic, Off White/ Beige
Fibrous Glass
Foam
Carbonates
Quartz
Binder/Filler
Carbonates
Quartz
Binder/Filler
5%
95%
100%
Page 226 of 577
Client:
Address:
Collected:
Project Name:
Address:
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-208 SUNNYSIDE
AVE-WATERLOO, IA 50701
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Job#/P.O.#:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283546
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283546-006 KITCHEN SINK
208S-6
Sink Coating, Black No None Detected
Carbonates
Quartz
Binder/Filler
100%
0283546-007 THROUGHOUT-
2088-7 SAMPLE FROM
2ND FL -SE RM
LAVER 1
Plaster -Scratch Coat, Beige
LAYER 2
Plaster -Finish Coat, White! Lt.
Green
LAYER 3
Texture, White! Lt. Gray
No None Detected
No None Detected
No None Detected
Hair
Gypsum
Quartz
Mica
Carbonates
Gypsum
Mica
Carbonates
Quartz
Binder/Filler
Carbonates
Mica
Quartz
Perlite
Binder/Filler
<1%
99%
100%
100%
0283546-008 2ND FL -NW RM-
208S-8 CEILING (ON
DRYWALL)
LAYER 1
Joint Compound, Lt. Green/ OK
White
No None Detected
LAYER 2 No None Detected
Texture, White/ Lt. Gray
Quartz
Gypsum
Carbonates
Binder/Filler
Carbonates
Mica
Quartz
Binder/Filler
100`%
100%
Page 3 of 7
Page 227 of 577
Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940.5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/0112022
CITY OF WATERLOO-208 SUNNYSIDE
AVE-WATERLOO, 1A 50701
Job#1P.O.#:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283546
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 6001R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283546-009 2ND FL BATHRM
208S-9
LAYER 1
Linoleum, Gray
LAYER 2
Mastic, Cream
No None Detected
No None Detected
Cellulose Fiber
Fibrous Glass
Synthetic Fiber
Foam
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Quartz
BinderlFiller
15%
3%
2%
80%
<1%
99%
0283546-010 2ND FL-BATHRM LAYER 1
208S-10 CEILING Joint Compound, White
LAYER 2
Texture! Paint, Lt. Green
Note: Sample is mainly Paint
No None Detected
No None Detected
Carbonates
Mica
Quartz
Perlite
Binder/Filler
Carbonates
Mica
Quartz
Perlite
BinderlFiller
100%
100%
Page 4 of 7
Page 228 of 577
Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
9830 5. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800.362.3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-208 SUNNYSIDE
AVE-WATERLOO, IA 50701
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283546
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab 1D
Client ID
Sample Layer Name! Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283546-011 2ND FL-BATHRM LAYER 1
208S-11 WALLS (S. WALL) Drywall, White! Brown
LAYER 2
Joint Compound, White
LAYER 3
Texture! Paint, U. Green
Note: Sample is mainly Paint
No None Detected
No None Detected
No None Detected
Cellulose Fiber
Gypsum
Carbonates
Quartz
Mica
Carbonates
Mica
Quartz
Perlite
BinderlFiller
Carbonates
Perlite
Quartz
Binder/Filler
12%
88%
100%
100%
0283546-012 FRONT ENTRY
208S-12 (UNDER MUCH
DEBRIS)
LAYER 1 No None Detected
Linoleum, Gray
LAYER 2
Mastic, Cream
No None Detected
Fibrous Glass
Synthetic Fiber
Carbonates
Quartz
Binder/Filler
Synthetic Fiber
Carbonates
Quartz
Binder/Filler
8%
7%
85%
<1%
99%
0283546-013 BASEMENT & WALL Duct Paper, Lt. Gray
208S-12A CAVITIES
Yes Chrysotile 85%
Cellulose Fiber
Carbonates
Gypsum
Binder/Filler
5%
10%
Page 5 of 7
Page 229 of 577
Client:
Address:
Collected:
Project Name:
Address:
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-208 SUNNYSIDE
AVE-WATERLOO, IA 50701
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283546
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283546-014 BASEMENT STAIRS Linoleum, Blueish
208S-13
No None Detected
Fibrous Glass
Synthetic Fiber
Carbonates
Quartz
BinderlFiller
7%
85%
0283546-015 ROOF -TOP LAYERS LAYER 1 No None Detected
208S-14 Roof Shingle, Green/ White/ Black
LAYER 2 No None Detected
Roof Shingle. Gray/ Beige/ Black
Cellulose Fiber
Synthetic Fiber
Carbonates
Gypsum
Quartz
Binder/Filler
Cellulose Fiber
Synthetic Fiber
Carbonates
Gypsum
Quartz
Binder/Filler
18%
2%
80%
18%
2%
80%
0263546-016 ROOF -BOTTOM
208S-15 LAYERS
LAYER 1 No None Detected
Roof Shingle, Black/ Blue/ Green
LAYER 2 No None Detected
Roof Shingle, Gray! Black
Cellulose Fiber
Synthetic Fiber
Carbonates
Gypsum
Quartz
Binder/Filler
Cellulose Fiber
Synthetic Fiber
Carbonates
Gypsum
Quartz
Binder/Filler
15%
5%
80%
15%
5%
80%
Page 6 of 7
Page 230 of 577
Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283546
Phone: 800-362-3373 or 480-940-5294 - Fax: (480} 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy,
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01 /2022
CITY OF WATERLOO-208 SUNNYSIDE
AVE-WATERLOO, IA 50701
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name 1 Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283546-017 ROOF -WHERE LAYER 1
208S-16 SHINGLES MEET Flash ng Tar, Gray Black
SIDING
Yes Chrysotile 59
LAYER 2 No None Detected
Root Shingle, Green/ While/ Black
Carbonates
Quartz
Binder/Filler
Cellulose Fiber
Synthetic Fiber
Carbonates
Quartz
Binder/Filler
95%
18%
2%
80%
0283546-018 NO SAMPLE
2085-17
Note: No Sample in Container -
Container Empty
0283546-019 HOUSE WINDOWS Window Glazing, White! Gray! L1.
208S-18 Green
No None Detected
Carbonates
Quartz
BinderlFiller
100%
0283546-020 BASEMENT Window Glazing. White Yes Chrysolite 3%
208S-19 WINDOWS
Carbonates
Quartz
Binder/Filler
97%
Oricba OkL:ftit
Analyst - Mark Steiner
Signatory - Lab Director - Kurt Kettler
Deanery streened wary iepr-hle fryer d r^7-s tee enelyzee m aie.ampw .1 th. r t.s vW n, ruPRlsd separately 1 r tech dtec.Trble d1*, e11 enshsss r. cle'w.d from eablierterl visual .s7.n•e and nrasuW
In area percent unless omarvn.. pored The report applies to the "leotards or procedural, identified end to an sample({) tested. The Ies1 results N nol tecessrtly hdc.br. or recres.nIa ,. at the manes of the Id
hem .Iricr the sample ..as taken or of apper.m4t Identical 00 tltn1W prtles& red dp they aprea.m an ongoing quaky aser.rltr program unless u need These newts a. ter th..:ew4. use of t . addressed cam and
that they cad real be recreate:ea *holy r In port for othertarreg or other purposes aver Our masters s or in sirmecbon mrat our name %rhea special Written prmewn The report altar net be reproduced=apt Ira tut walnut
welsh approval by our laboratory The samples nal destroyed In testing are retained a maximum al tarty Clays. The laboratory measurement al uncertainty tar ore left mebtod h appraxbnately less than 1 by area percent
accnd;la trying N.liwral hrsbm. of Standard. and. and Tmchsiopy, Vo0.rtry L.ba.Iwy AawerlUapmr Program for selected lest mgdnd for asbestos Th. .ay.didrlm or any repots generated by the laboratory bin no way
mnsbortes or Impels product c.NRcaaon. approval. or endorsement by the Na0rW Imtlon. of 5rrderde and Technology The report must not be used by the ant to darn product cerbhrzbon. ap.cgl. or endorsement
by MIA? NISI a any epoxy of Me Federal C,avrmrnt. PoWuad Light Mrrmeepy may not b. comfier* Wilkie in detacingasbestos their eov..gsrind.tinsar nen-blab. wpanira4 Wield mammals.
Page 7 of 7
Page 231 of 577
APPENDIX B
INSPECTOR LICENSE AND CERTIFICATION
Page 232 of 577
JAY LLEWELLYN
DOB: 05-31-1961
Issued: 04-06-2022
This person is licensed to perform
asbestos work in the State of Iowa ID
card is intended for official use only and
must be present on jobsite.
License Type Number Expires
INSPECTOR 22-8212 04-13-2023
SUPERVISOR 22-8164 03-12-2023
AIbesbas
0Q
Rod A. Roberts
Labor Commissioner
Page 233 of 577
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APPENDIX C
PICTURES
Page 235 of 577
City of Waterloo — 208 Sunnyside Avenue — 50701
Page 236 of 577
Throughout — Sample form NE room — ceiling — Texture on plaster — NO ASBESTOS
Throughout— Sample form NW room -ceiling —Texture on plaster— NO ASBESTOS
Kitchen ceiling — Texture on drywall - NO ASBESTOS
Page 237 of 577
Kitchen ceiling — Texture /Joint compound on drywall - NO ASBESTOS
Kitchen flooring — Linoleum & mastic— NO ASBESTOS
467
Kitchen sink — black coating — NO ASBESTOS
Page 238 of 577
2nd floor (cant use the stairs to get to 2"d floor) — SE room — Plaster with texture — NO ASBESTOS
2nd floor— NW room —Texture joint compound on ceiling— NO ASBESTOS
2"d floor Bathroom floor — Linoleum & mastic — NO ASBESTOS
Page 239 of 577
2nd floor Bathroom ceiling — joint compound with texture — NO ASBESTOS
2nd floor Bathroom wall —drywall joint compound with texture — NO ASBESTOS
Front entry — (didn't see this at first — lots of debris) — linoleum & mastic — NO
ASBESTOS
Page 240 of 577
Basement Stairs are caved in. South side has big hole in roof
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Basement Duct paper — 85% Chrysotile
Duct paper is in at least four wall cavities
Basement Duct paper — 85% Chrysotile
Page 241 of 577
Basement Duct Paper — 85% Chrysotile
Stairs to basement & 2nd floor are caved in
Linoleum on basement steps (most laying in basement) — NO ASBESTOS
Page 242 of 577
Duct paper is enclosed in wood in kitchen
Roof shingles — Top layers — NO ASBESTOS
Roof shingles — Bottom layers — NO ASBESTOS
Page 243 of 577
Roof — Flashing tar where shingles meet siding — 5% Chrysotile
Assume chimney base as well — Roof unsafe
House windows — Glazing — NO ASBESTOS
Basement windows — glazing — 3% Chrysotile
Page 244 of 577
ASBESTOS INSPECTION
REPORT
INSPECTION ADDRESS:
City of Waterloo
637 Ankeny Street
Waterloo, IA 50703
Pro'ect #: 20-27634
SUBMITTED TO:
City of Waterloo Community Planning & Development
715 Mulberry Street
Waterloo, IA 50703
Attn: Aric Schroeder, City Planner
Page 245 of 577
ASBESTOS INSPECTION
12/13/2022
Date
22-2812
Inspector #
04/13/2023
License Expiration date
Page 246 of 577
TABLE OF CONTENT
1. INTRODUCTION
2. DEFINITIONS
3. GENERAL BUILDING OBSERVATIONS
4. REPORT DATA
a. METHOD
b. REPORT DATA
5. PROJECT SUMMARY
a. POSITIVE ASBESTOS SAMPLE LIST
b. CONCLUSIONS AND RECOMMENDATIONS
LIST OF APPENDICES
APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS
APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION
APPENDIX C - PICTURES
Page 247 of 577
SECTION 1
INTRODUCTION
For each area of the building, the inspector performing the inspection did the following:
1. Visually inspected the area(s) to identify the locations of all
suspect Asbestos Containing Building Materials.
2. Identify all homogeneous areas of friable and non -friable suspected
asbestos.
3. Assume, if necessary, that some or all of the homogeneous area(s)
are Asbestos Containing Material (ACM), and for each homogeneous
area that is not assumed to be ACM, collect and submit bulk
samples for analysis.
Page 248 of 577
SECTION 2
DEFINITIONS:
HOMOGENEOUS AREA
An area which appears similar throughout in terms of color, texture, and date of material application.
SURFACING MATERIAL
Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as
acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on
surfaces for acoustical, fireproofing, or other purposes.
THERMAL SYSTEM INSULATION
Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural
components to prevent heat Toss or gain, or water condensation, or other purposes.
MISCELLANEOUS MATERIAL
Interior building material on structural components, structural members or fixtures, such as floor and
ceiling tiles, and does not include surfacing material or thermal system insulation.
SAMPLING AND ANALYSIS
All samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in
accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F.
A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the
results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or
less (_1 %). A homogeneous area contains ACM when one or more samples collected from that area
shows greater than one (1) percent (%) asbestos (>1 %).
FRIABLE
Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled,
pulverized, or reduced to a powder by hand pressure.
NON -FRIABLE (CATEGORY I)
Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing
more than one (1) percent (%) asbestos.
NON -FRIABLE (CATEGORY II)
Any excluding Non -Friable (Category I) Asbestos Containing Material, containing more than one (1)
percent (%) asbestos.
Page 249 of 577
SECTION 3
General Building Inspection Observations
The building inspection is conducted by a qualified and State of Iowa licensed
Asbestos Inspector. The purpose of a building inspection is to identify existing
building materials that are asbestos containing materials (ACM). If the inspection is
conducted in an occupied building, the Inspector is sometimes denied accessibility to
building areas and materials; i.e., the Inspector may not be allowed to cut through floor
coverings or walls, remove quarry tiles, etc. There are many situations where ACM are
concealed in wall cavities and other non -accessible areas, such as tunnels, crawl
spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles,
under various floor coverings, etc. When these situations occur in construction,
renovation, and/or demolition, etc., materials in these areas shall be treated as ACM
and handled as such by qualified and licensed asbestos personnel. If suspect
asbestos containing material is discovered or damaged during the course of any
activities, the material shall be considered and treated as ACM to diminish further fiber
release. In addition, the Inspector uses an independent laboratory that analyzes the
bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis
technique may not be as accurate as more expensive analysis techniques for certain
building materials. It remains the Building Owner and/or Representative(s)'
responsibility to address this issue and consider analyzing suspect building material
using different analysis techniques prior to disturbing the material(s). The following are
areas that may not be inspected.
1. Tunnels and Crawl Spaces: During the inspection process, the Inspector
attempts to check tunnels and crawl spaces for ACM and the degree of damage
to the materials. In most cases, quantification of ACM in these areas is
impossible due to the inaccessibility to these areas. In addition, these areas may
fall under: "Confined Space Regulations". Due to the congestion in tunnels and
crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap,
etc. is almost impossible. The Inspector will quantify ACM only in accessible
tunnels and crawl spaces, and estimate the quantities in the inaccessible areas.
Some reasons for inaccessibility are as follows: flooded areas, pipe congestion,
asbestos and other debris, electrical hazards, confined spaces, unknown gas
emissions, low ceilings, etc.
2. Boilers and Thermal System insulation: Interior portions of boilers, heaters,
storage tanks, etc. are not always accessible. Materials in these areas will be
treated as ACM. Areas of concern are packing inside boiler doors and liners.
Use extreme care and properly trained personnel when handling these types of
materials. Some boilers have insulated metal jackets over fiberglass or ACM.
Thermal system insulation can be found in many different forms; i.e., air cell,
preformed magnesium block, millboard, etc. All fiberglass materials are
excluded as suspect ACM.
3. Debris: In areas where damaged ACM may be found there may and usually will
Page 250 of 577
be ACM debris in the general area of the damaged material. These areas shall
be treated with the utmost care even during the inspection and quantification
process. The inspector considers any exposure to this type of material as a
health threat.
4. State of Quantification: As a general rule, individual rooms or areas of
estimation contain inherently more probability of an error than those groups of
rooms or areas or an entire building. In other words, the aggregate tends to be
more accurate than the sums of the individual parts. Therefore, when designing
response actions (measurements, air samples, etc.), the project designer and the
asbestos abatement contractor's attention shall be given to ensure that
quantification of materials and proper methods are followed through careful
analysis of the site. If materials are quantified, the asbestos abatement contractor
or owner, owner representatives or third parties are responsible for verifying the
quantities.
5. The Inspector may take some latitude in the presentation of the Inspection
Report. When the inspector has found floor tiles, linoleum, and/or carpeting listed
he/she may or may not have adhesives listed. Adhesives have been known to
contain asbestos and therefore, although not mentioned, it may be presumed to
be ACM, listed or not. Testing of the adhesive prior to disturbing is
recommended. The same is true for adhesives or mastics used to adhere
linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing
materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected
or presumed ACM unless sampled and analyzed to indicate that they are not
ACM.
6. In the Inspection Report, certain items such as mudded joints (MJ) or metal
doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged,
which is an indication of count rather than square feet or linear feet. Most
materials listed in the assessment are either listed as square feet or linear feet
with these noted exceptions.
7. In the Assessment Process, there are additional codes such as ME and MG;
ME representing miscellaneous electrical and MG representing miscellaneous
gasket materials. Both of these codes are used to indicate materials that are
unusual to the normal course of an assessment of the building. Miscellaneous
electrical materials include old electrical wiring, switchboards, transite panels, etc.
Miscellaneous gasket materials can be found between (thermal) valves, on boiler
doors, between fittings, between molds, etc. These codes give the Inspector the
ability to qualify materials, which sometimes may not be considered as ACM.
8. An Asbestos Code Sheet is included with the Inspector's inspection report,
which informs the client as to the Homogeneous Codes used during the
inspection process.
Page 251 of 577
9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud)
found to not contain asbestos should be re -analyzed under the "Chatfield
Method" of TEM analysis. Many times the results from having these materials
analyzed under PLM results in false positives or false negatives. After reviewing
your report, please notify the inspector if you want these samples analyzed under
the "Chatfield Method".
10. Any sample less than 10% asbestos may be Point Counted. Point counting is a
more accurate method of analyzing of bulk samples. The results of the point
counting are the results that will determine if the material will be treated as
asbestos.
11. Asbestos inspections are performed based on current understanding of the
regulations. As new interpretations of the regulations are made aware of by the
EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and
Abatement Inc. will adapt their inspections to comply with these new procedures.
If additional sampling is required by the different agencies, Advanced
Environmental will do the additional sampling. The owner is responsible for the
additional cost for these samples as well as labor.
12. Advanced Environmental shall not be responsible for any cost of abating any
additional asbestos discovered in any renovation or demolition activities. Any
additional items discovered shall be tested when they become accessible. For
example, old adhesive may be under new floor tiles and adhesive. Additional
materials may be concealed in walls, under multi layers of flooring, etc.
13. All amounts listed are estimates. It is up to other contractors to field verify any
amounts that are listed within this report.
14. All material that looks similar should be treated as asbestos containing materials.
15. Asbestos Material containing <1%. Some material tested for asbestos may
contain trace amounts of asbestos and be below the threshold for asbestos
contain material according to both the Iowa DNR and Iowa State Code..
However, the Federal Occupational Safety and Health Administration still have
some regulations that contractors must follow under 29 CFR 1926.1101.
Contractors working with asbestos material with <1 % asbestos must still produce
a negative and initial exposure assessment, completed by a "competent person".
Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926.
1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and
Abatement, Inc. for consultation on how to handle material with <1 % asbestos.
16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should
be considered asbestos and removed as such. Advanced Environmental makes
every effort to core roof samples through all layers.
Page 252 of 577
ASBESTOS CODES
A = Assumed
ADH = Adhesive
APW = Air CeII Pipe Wrap
BP = Boiler Plaster
C = Ceiling
CAPS = Stair Treads
CQ = Can't Quantify
CT = Ceiling Tiles
CT/12 = 12" Ceiling Tiles
DAM. = Damaged
DEB = Debris
DW = Drywall
F = Friable
FE = Furnace Exhaust
FT = Floor Tiles
GASK = Gaskets
GYM = Gypsum
HOMO = Homogeneous
LINO = Linoleum
MISC = Miscellaneous Non Friable
MAC = Metal Asbestos Chimney
MATL DESC = Material Description
MD = Metal Door
ME = Miscellaneous Electrical
MF = Miscellaneous Friable
MJ = Mudded Joint
NC = Nose Cap
NF = Non Friable
NSM = Not Suspect Material
P or PH = Previous History
PP = Patched Plaster/Drywall
PSA = Sand Plaster
PSM = Smooth Plaster
S = Sample/Samples/Sampled
SCT = Suspended Ceiling Tile
SR = Sample Result
ST = Storage Tank
SUR = Surfacing
T = Thermal
Thermal Pipe Measurement = Linear Ft
TR = Transite
TSI = Thermal System Insulation
VC = Vibration Cloth
VDW = Vinyl Covered Drywall
W = Walls
WD = Wood Door
N = North
S = South
E = East
W = West
1. All Metal Doors are listed by quantities, example 3 = 3 metal doors.
2. All Mudded Joints are listed by quantities of MJ, not sizes.
3. All Pipe Wrap materials are listed in linear feet.
4. All other measurements are square feet unless stated elsewhere.
5. Sample Results: N = Not Considered Asbestos Containing Material
Y = Considered Asbestos Containing Material
P or PH = Previous History
NIA = Not Analyzed
<1 % = Contains less than 1 % Asbestos Containing Material
>1 % = Contains more than 1 % Asbestos Containing
Material
6. All Adhesives are considered Asbestos Containing Material (ACM) which
can't be quantified - Non Friable ACM.
7. All Seals and Gaskets are considered Asbestos Containing Material (ACM)
which can't be quantified — Non Friable ACM.
Page 253 of 577
SECTION 4
REPORT DATA
BUILDING NAME: Residence — 637 Ankeny Street — Waterloo, IA
INSPECTION AREAS: Throughout
CLIENT CONTRACT: City of Waterloo — Aric Schroeder
METHOD:
All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited
by the National Institute for Standards and Technology for Polarized Light Microscopy
analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was
completed by a State of Iowa licensed asbestos inspector. Sampling methods were
based on National Emission Standards for Hazardous Air Pollutants (NESHAPS)
protocols. Bulk samples of suspect asbestos containing material were analyzed by
Polarized Light Microscopy (PLM) using EPA Method 600-R93-116.
OVERVIEW:
An asbestos inspection was conducted at the residence located at 637 Ankeny Street
in Waterloo, IA on December 1st, 2022. The house has one story. At the time of
inspection, a total of eleven samples were analyzed with nineteen layers analyzed for
asbestos content. Each sample is broken down by layers if necessary (I.e. floor tile
and mastic). Samples can be categorized by miscellaneous, surfacing, and thermal.
The following samples were taken of each:
Miscellaneous samples tested include:
Siding Roof shingles on felt paper
Roof tar Window glazing
Linoleum & mastic Drywall
12" x 12" floor tile & mastic
Surfacing samples included:
NO SAMPLES TAKEN
Thermal samples include:
Attic insulation Duct paper
Page 254 of 577
POSITIVE SAMPLE RESULTS:
The following samples tested positive (>1 %) for asbestos:
3) Roof tar around chimney base +- 4 sq. ft.
6) Linoleum in South entry +- 40 sq. ft.
6) mastic for above
8) 12" x 12" floor tile — 2 layers SE Room (under a lot of debris) 4-- 150 sq. ft.
9) Linoleum — Along south wall of SE Room +- 25 sq. ft.
9) mastic for above
11) Duct paper — SW room, basement — south end +- 14 In. ft.
SECTION 5
10% Chrysotile
15% Chrysotile
2% Chrysotile
15% Chrysotile
15% Chrysoitle
3% Chrysotile
85% Chrysotile
The inspection was to identify asbestos containing materials prior to demolition. The
Inspection entailed a visual assessment of the property for suspect asbestos
containing materials, collection, and submittal of bulk samples for analysis.
In the State of Iowa, asbestos is regulated by the Iowa Department of Natural
Resources and the Iowa Division of Labor.
CONCLUSIONS AND RECOMMENDATIONS
This house has missing foundation on the south side. We cut a small hole in the floor
to access the basement / crawl space area.
The roof tar around the chimney base was positive. Most of the chimney is missing.
The south entry has some linoleum (4' x 10'). The mastic was positive as well
The SE room has a bunch of debris in the room sitting on top of the floor tile and
linoleum. The linoleum runs along the south part of the SE room. Approximately 150
sq. ft. of floor tile and 25 sq. ft. of linoleum. Mastic for the linoleum was positive as
well.
Lastly, there were 4 locations of duct paper I found. IN the SW room there is a 5' run
just resting in the room in the SE comer. We could not find an access to the basement
so we cut a small hole to get down into the basement. There is a crawl space under
most of the house. The basement just comes in about 10' from the south wall which
the top part of the basement limestone wall is missing. There are two side to the
basement. There is a duct on the west side about 9' long. Some of the duct paper is
laying on the ground. There are 2 spots on the east side I believe. One is under a
piece of metal nail in to the ceiling and the other in the SE comer. Kind of a dangerous
area.
Page 255 of 577
APPENDIX A
SAMPLE INVENTORY LIST, LAB ANALYSIS
Page 256 of 577
Facility Name/Site Location
Inspected By:
Jay Llewellyn
12/1/2022
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Current Condition
good
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some damage
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some damage
some damage
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City of Waterloo - Residence
637 Ankeny Street
Waterloo, IA 50703
Location
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SW room (maybe bathroom area - +- 60 sq. ft.
South entry-+- 40 sq. ft.
South entry area
SE room - two layers of tile +-150 sq. ft.
SE room along south edge +- 25 sq. ft.
Attic & Floor - not much matrerial
One 5' run in SW room, SW crawl space - 9' run, SE crawl space - 1'
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Client:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
Collected: 12/01/2022
Project Name: CITY OF WATERLOO-637 ANKENY ST.
Address: WATERLOO, IA 50703
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283545
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-931116
JAY LLEWELLYN
Lab ID
Client ID
Sample Layer Name / Asbestos Asbestos Type
Location Sample Description Detected (%)
Non -Asbestos
Constituents
0283545-001 EXTERIOR
637A-1
LAYER 1 No None Detected
Siding, Gray! Off White/ Black
LAYER 2 No None Detected
Siding, Brown! Black
Cellulose Fiber
Carbonates
Gypsum
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Gypsum
Binder/Filler
20%
80%
70%
30%
0283545-002 ROOF
637A-2
LAYER 1 No None Detected
Roof Shingle, Green! White/ Black
LAYER 2 No None Detected
Felt Paper, Black
Cellulose Fiber
Carbonates
Gypsum
Quartz
Binder/Filler
Cellulose Fiber
Carbonates
Gypsum
Binder/Filler
20%
80%
60%
40%
0283545-003 AT BASE OF Roof Tar. Gray/ Black Yes Chrysotile 10%
637A-3 WHERE CHIMNEY
USED TO BE
Carbonates
Quartz
Binder/Filler
90%
0283545-004 WINDOWS
637A-4
Window Glazing, White/ Red No None Detected
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
<1%
99%
0283545-005 SW RM (MAYBE Linoleum, Dk. White/ Green No None Detected
637A-5 BATHRM AREA)
Fibrous Glass
Carbonates
Quartz
Binder/Filler
5%
95%
Page 1 of 4
Page 258 of 577
Client:
Address:
Collected:
Project Name:
Address:
EMC LABS, INC.
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
ADVANCED ENVIRONMENTAL
803 RICKER ST.
WATERLOO IA 50703
12/01/2022
CITY OF WATERLOO-637 ANKENY ST.
WATERLOO, IA 50703
Job# / P.O. #:
Date Received:
Date Analyzed:
Date Reported:
EPA Method:
Submitted By:
Collected By:
Laboratory Report
0283545
22-27634
12/05/2022
12/07/2022
12/07/2022
EPA 600/R-93/116
JAY LLEWELLYN
Lab ID
Client ID
Sample
Location
Layer Name 1 Asbestos Asbestos Type Non -Asbestos
Sample Description Detected (%) Constituents
0283545-006 S. ENTRY LAYER 1
Linoleum, Beige
637A-6
Yes Chrysotite 15%
LAYER 2 Yes Chrysolile f�
Linoleum Mastic, Beige Streaked
Note: Difficult to separate
adjacent layer
Cellulose Fiber
Carbonates
Quartz
Binder/Filler
Carbonates
Quartz
BinderlFiller
5%
80%
98%
0283545-007 S. ENTRY AREA
637A-7
LAYER 1
Drywall, White
LAYER 2
Texture/ Paint, Off White/ Beige
LAYER 3
Felt Paper, Black
No None Detected
No None Detected
No None Detected
Cellulose Fiber
Fibrous Glass
Gypsum
Carbonates
Quartz
Mica
Wotlastonite
Gypsum
Quartz
Mica
Carbonates
Binder/Filler
Cellulose Fiber
Carbonates
Gypsum
Binder/Filler
11%
<1%
88%
3%
97%
65%
35%
Page 2 of 4
Page 259 of 577
EMC LABS, INC. Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283545
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Client; ADVANCED ENVIRONMENTAL Job# / P.O. #; 22-27634
Address: 803 RICKER ST. Date Received! 12/05/2022
WATERLOO IA 50703 Date Analyzed: 12/07/2022
Collected; 12/01/2022 Date Reported: 12/07/2022
Project Name: CITY OF WATERLOO-637 ANKENY ST. EPA Method: EPA 600/R-93/116
Address: WATERLOO, IA 50703 Submitted By: JAY LLEWELLYN
Collected By:
Lab ID Sample Layer Name ! Asbestos Asbestos Type Non -Asbestos
Client ID Location Sample Description Detected (%) Constituents
0283545-008 SE RM-2 LAYER OF LAYER 1
637A-8 TILE 12"x12" Floor Tile, Be.ge
LAYER 2
12"x12" Floor Tile, Gray
LAYER 3
Mastic, Black
Yes Chrysotile
No None Detected
No None Detected
15% Cellulose Fiber 5%
Carbonates
Quartz
Binder/Filler 80%
Carbonates
Quartz
BinderlFiller 100°/0
Cellulose Fiber <1%
Carbonates
Quartz
Binder/Filler 99%
0283545-009 SE RM ALONG S. LAYER 1 Yes Chrysotile 1 E Y. Cellulose Fiber 5%
637A-9 EDGE Linoleum, Beige/ Brown
Carbonates
Quartz
Binder/Filler 80%
LAYER 2
Linoleum Mastic, Lt. Beige
Yes Chrysotile 3%
Carbonates
Quartz
Binder/Filler
97%
0283545-010 ATTIC & FLOOR-
637A-10 NOT MUCH
MATERIAL
Insulation (Attic}, Beige
No None Detected
Cellulose Fiber
Synthetic Fiber
Binder/Filler
Gypsum
Binder/Filler
90%
5%
5%
0283545-011 ONE 5' RUN IN SW Duct Paper, Gray/ Tan
637A-11 RM, SW
CRAWLSPACE
Yes Chrysotile B5% Cellulose Fiber 10%
Carbonates
Gypsum
Binder/Filler
5%
Page 3 of 4
Page 260 of 577
EMC LABS, INC. Laboratory Report
9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0283545
Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726
Bulk Asbestos Analysis by Polarized Light Microscopy
NVLAP#101926-0
Client: ADVANCED ENVIRONMENTAL Job# 1 P.O. #: 22-27634
Address: 803 RICKER ST. Date Received: 12/05/2022
WATERLOO IA 50703 Date Analyzed: 12/07/2022
Collected: 12/01/2022 Date Reported: 12/07/2022
Project Name: CITY OF WATERLOO-637 ANKENY ST. EPA Method: EPA 600/R-93/116
Address: WATERLOO, IA 50703 Submitted By: JAY LLEWELLYN
Collected By:
Lab ID Sample Layer Name / Asbestos Asbestos Type Non -Asbestos
Client ID Location Sample Description Detected (%) Constituents
Analyst - Kurt Kettler
Signatory - La Manager - Johann Hofer
Dnhncay loathed, easily separable layers oI samples an analyzed as Miss/nom of me forts sac are morbid saperstary for each ciceroni. layer Al analyses are dented Imo calbrated mot .Mm.% and measured
In area avert uniting bmervrlea Wed. The reoan earl.* to the *tender* or pmc.dues Wedded and 10 M sample's) tested. The test results are not monomer 'admen. or representative of the pualltles at do lot
from Moll the sample was taken or at apparently t0.nscal or slimier products. nor do they represent an ongang daddy assurance proprem unless so noted These .aorta are toe the earache use el Me 'Mewed dent end
that they Mil not be rapoeuced *Poly or n part Ice ~erg or carter purposes over eta sanative or n rarweaen eon cur name Memo special wrmert permission The report shalt net be reproer.ed nap In fug. rrtmoul
twain .ppoval by ova l.eoratery. Th. eatopla tot dntpyed h lump are rationed a maximum of thirty days. The laboratory measurement or uncertainty for the teal method is approximately leas then I by area percent.
Acaaddsd by the Natal Imba le of Standards and technology, VoMtary Laboratory Acneatation Program to selected lest mimed for asaesrm The actxedaat00l or any reports generated by via laeorswry in no my
coastlines or implies product vindicator, approval or endorsement by M. Nabonsf Inamr. of Swords rW Technology The repot must mI be used by the tleri Io dim product c.NIKM4n. apparel. or endorsement
by NVLAP. MIST to any agency of era Federal Goverment Patented Light FAkroscapy may not b. canhhNroy Marble In detacdq asbestos n Moor coven gs and Millar than -made orgartiay bead mareruda
Page 4 of 4
Page 261 of 577
APPENDIX B
INSPECTOR LICENSE AND CERTIFICATION
Page 262 of 577
f
JAY LLEWELLYN
DOB: 05-31-1961
Issued: 04-06-2022
This person is licensed to perform
asbestos work in the State of Iowa. ID
card is intended for official use only and
must be present on jobsite.
License Type Number Expires
INSPECTOR 22-8212 04-13-2023
SUPERVISOR 22-8154 03-12-2023
Asbestos
Rod A. Roberts
Labor Commissioner
Page 263 of 577
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Page 264 of 577
APPENDIX C
PICTURES
Page 265 of 577
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Page 266 of 577
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Page 267 of 577
City of Waterloo — 637 Ankeny Street — Waterloo, IA 50703
Page 268 of 577
Exterior siding - NO ASBESTOS
Roof shingles on felt paper — NO ASBESTOS
Roof tar at base of old chimney
missing) —10% Chrysotile
Page 269 of 577
Window glazing — NO ASBESTOS
SW room (old bathroom?
linoleum — NO ASBESTOS
South entry — Linoleum 15%Chrysotile — mastic — 2% Chrysotile
Page 270 of 577
South entry — north wall — drywall — NO ASBESTOS
SE room — 12" x 12" floor tile — 15% Chrysotile — mastic — NO ASBESTOS
Room is full of debris
SE room — Linoleum — 15% Chrysotile — mastic — 3% Chrysotile -
Linoleum is along the south wall - Room is full of debris
Page 271 of 577
Attic Insulation — laying on floor — NO ASBESTOS
Duct sitting in SW room — Duct paper — 85% Chrysotile
Basement — Had to cut hole to get down to basement — Duct paper
Some is laying on ground
Page 272 of 577
Duct paper in basement
Basement - South wall in bad shape
IV
Crawl space — Did not see any ACM
Page 273 of 577
EXHIBIT "C"
ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2023-02-04P
1804 E. 4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and
637 Ankeny Street
This Contract for Asbestos Abatement Services (the "Contract") is entered into as of
February 6, 2023, by and between the City of Waterloo, Iowa ("City") and . In
consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Term and Services. For the period of February 6, 2023 thru April 28, 2023,
subject to extension upon the mutual written agreement of the parties, the Contractor agrees to
furnish all tools, labor and materials, and perform and substantially complete all work within the
time period stated in the specifications after receipt of Notice to Proceed with respect to a given
property or set of properties. By executing this Contract, Contractor certifies that it holds an
asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work
on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor
agrees that such permit and licenses will be maintained during the term of this Contract. Work to
be performed includes all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in the Contractor's RFB
response. Contractor's request for payment for services authorized under this Contract shall be
submitted in accordance with the Contract Documents and will be paid within forty-five (45)
days after receipt of an original invoice and after such services are delivered and accepted and all
necessary supporting documentation is submitted. Contractor will be paid for all items
satisfactorily completed. Such payment will be full compensation for asbestos removal and
disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and
ordinances, including safety, and for furnishing all materials, equipment and labor to complete
the work in accordance with the plans and specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Bid
b. Addenda (if any)
c. Response (Proposal) from the Contractor
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
2.1 Contract Limits. Total actual expenses allowed by the project Contract, including
any renewal extensions of the Contract, shall not exceed $ as provided in the Bid
Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by
written amendment as provided herein.
Page 274 of 577
3. Approval; Timing of Work. Contractor shall not begin work until after the
Contract has been approved by the City Council and the Contractor has been issued a Notice to
Proceed. The work shall commence within ten (10) days after the City has issued a Notice to
Proceed with respect to any particular property or set of properties, and all work shall be
completed and delivered within the term of the Contract.
4. Performance Bond. Not required for this Contract.
4.1 Payment Bond. Not required for this Contract.
5. Reporting; Records. Contractor shall exercise best efforts to maintain
communication with City personnel whose involvement in the project is necessary or advisable
for successful and timely completion of the work of the project. Communications between the
parties shall be verbal or in writing, as requested by the parties or as dictated by the subject
matter to be addressed. Contractor shall maintain all project records for a minimum period of
three (3) years after the date of final payment for services rendered under this Contract. During
the term of this Contract and for the ensuing record -retention period, Contractor shall make any
or all project records available upon reasonable request, and in any event within two (2) business
days of request, to City, and any other agency of state or federal government. For purposes of
this section, "records" means any and all books, documents, papers and records of any type or
nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination
of this Contract and upon demand by the City, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the Contractor pursuant to this
Contract, without cost and without restrictions or limitation as to the use relative to specific
projects covered under this Contract. In such event, the Contractor shall not be liable for the
City's use of such documents on other projects.
6. Reserved.
7. Indemnity. Except as to any negligence of City, its officials, officers, employees
or agents, in the performance of any duty under this Contract, and to the extent not covered by
insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its
officials, officers, employees and agents, and to hold same harmless, from and against any and
all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not
limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or
omissions of Contractor in providing the services contemplated by this Contract. This will
include but is not limited to actions or suits based upon or alleging bodily injury, including death,
or property damage rising out of or resulting from the Contractor's operation under this Contract,
whether by itself or by any subcontractor or anyone directly or indirectly employed by any of
them. Contractor is not and shall not be deemed an agent or employee of the City.
8. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 14-day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14-day period), then City may declare
2
Page 275 of 577
that Contractor is in default hereunder and may take any one or more of the following steps, at its
option:
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any
acts or things which may be unlawful or in violation of the rights of the City
hereunder, or obtain damages caused to the City by any such default;
b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c. declare a default of this Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
this Contract;
d. terminate this Contract by delivery to Contractor of written notice of
termination; and/or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but
not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Contractor in a suit or other enforcement action
hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City.
9. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Contract at any time by delivering to Contractor 10-days' advance written notice
of intent to terminate.
10. Non -Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
11. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes
of any kind from any payments which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which employees of City are entitled to receive
and shall not be entitled to workers' compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees, if
any.
3
Page 276 of 577
12. Anti -Discrimination. During the performance of this Contract, Contractor, for
itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws
of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
13. Severability. In the event any provision of this Contract, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Contract shall not be affected thereby and shall continue in full
force and effect. If, for any reason, a court finds that any provision of this Contract is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
14. General Terms. This Contract, together with the Contract Documents, constitutes
the entire agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and the heirs, personal representatives, successor and
assigns of each. Time is of the essence in the performance of the terms hereof
IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos
Abatement Services as of the date first set forth above.
CITY OF WATERLOO, IOWA CONTRACTOR
By:
Quentin Hart, Mayor Authorized Representative
Attest:
Kelly Felchle, City Clerk
4
Page 277 of 577
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
For Asbestos Abatement Services, Contract AB-2023-02-04P
for properties located at 1804 E. 4th Street, 207 Lafayette Street, 208
Sunnyside Avenue, and 637 Ankeny Street
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at City Hall,
715 Mulberry Street, Waterloo, Iowa, no later than 1:00 p.m., Thursday, January 19, 2023, for
Asbestos Abatement Services, Contract AB-2023-02-04P, for properties located at 1804 E. 4th
Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637 Ankeny Street, 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 the Harold E. Getty Council Chambers in City Hall of
said City, on the 19th day of February, 2023 at 1:00 p.m., and the proposals will be acted upon at
such later time and place as may then be fixed by the City Council. The bid opening will be
livestreamed on YouTube and made available on the city website.
PUBLIC HEARING
A public hearing will be held on the 6th day of February, 2023 at 5:30 p.m. in the Council Chambers
in the City Hall in the City of Waterloo, Iowa, on the proposed plans, specifications, and form of
contract, for Asbestos Abatement Services, Contract AB-2023-02-04P, for properties located
at 1804 E. 4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637 Ankeny Street.
The proposed plans, specifications, and form of contract for said project are now on file in the
office of the City Clerk for public examination, and any person interested therein may file written
objection thereto with the City Clerk before the date set for said hearing, or appear and make
objection thereto with the City Clerk before the date set for said hearing, or appear and make
objection thereto at the meeting set forth above.
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.
SCOPE OF WORK
A. All services must be performed in accordance with all applicable codes and ordinances of the
City of Waterloo, Iowa, accepted professional standards and best practices, as well as all
applicable Federal and State regulations, including but not limited to asbestos Statutes and
Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards
for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa
Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit
issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall
hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor.
B. Remove ACM as identified in the asbestos surveys included as Exhibit "B".
C. Document amounts of ACM removed from each structure.
D. Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets
Page 278 of 577
and provide copies to the project manager.
E. At the request of the City given with reasonable advance notice, attend meetings of the City
relative to the work set forth in this Agreement.
F. Provide other services as requested by the City as may be necessary to implement the
asbestos abatement project.
Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the
City Council of said Waterloo, Iowa, on the 3rd day of January, 2023.
Kelley Felchle, City Clerk
CITY OF WATERLOO, IOWA
Page 279 of 577
CITY OF WATERLOO
Council Communication
Resolution setting a date of public hearing as January 17, 2023 to support, approve and authorize submittal of
the nomination of the Friedl Bakery Building, located at 302 Commercial Street, to the National Register of
Historic Places, and authorize the Mayor and City Clerk to execute said documents.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
D Staff Report
D Map
D Historic Review Packet
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Neighborhood Impact:
Type
Backup Material
Backup Material
Backup Material
Resolution setting a date of public hearing as January 17, 2023 to support,
approve and authorize submittal of the nomination of the Friedl Bakery
Building, located at 302 Commercial Street, to the National Register of
Historic Places, and authorize the Mayor and City Clerk to execute said
documents.
Submitted By: Noel Anderson, C ommunity Planning and Development
Director
Approval.
The City of Waterloo and the Waterloo Historic Preservation Commission
are requesting the Friedl Bakery Building be nominated to the National
Register of Historic Places.
The Historic Preservation Commission recommended approval of the
nomination with a vote of 5-0 at their December 20, 2022 meeting.
The applicants are proposing to designate the Friedl Bakery Building to the
National Register of Historic Places. The State nominations Review
Committee (SNRC) plans to consider the nomination on February 10, 2023.
In order to be nominated to the National Register of Historic Places, a
nomination of a building or location must be made to the Historic
Preservation Commission and the application packet filed. The Commission
then evaluates the submitted material and makes a motion to either approve or
deny the nomination. If it is approved, the application is then sent to the State
Historic Preservation Office for review. The Historic Preservation
Commission then submits the application to the Planning, Programming and
Zoning Commission for a recommendation then submits the application to
City Council for official action. The Historic Preservation Commission
voted on December 20, 2022 to approve the nomination and the Planning,
Programming, and Zoning Commission will vote on the nomination at their
January 10, 2023 meeting.
Page 280 of 577
A public hearing was held on December 20, 2022 and the property owner and
historic preservation consultant for the property were notified of the meeting
the opportunity submit questions. There was no comments in opposition to
the nomination.
Staff feels that overall, the designation of this building would be a benefit to
the community as it would support both the preservation of a historic area and
assist in the redevelopment of the downtown area.
The registration packet for the National Register of Historic Places is on file
in the Planning and Zoning department office and available for review.
Data/Analysis and Strategies: Historic Preservation
Implementation, Accountability, N/A
and Communication:
Expenditure Required/Source of None
Funds:
Alternative: The Friedl Bakery Building would not receive the historic nomination.
Page 281 of 577
PROJECT: Friedl Bakery- 302 Commercial Street
DESCRIPTION: Request for a resolution of support for National Register of Historic Places
Nomination
STAFF
ANALYSIS: The Friedl Bakery building located at 302 Commercial Street was built in
1910, according to the Black Hawk County Real Estate Mapping Website.
The structure was the Friedl Bakery between 1910 and 1927. The building
has been redeveloped into a mixed use development with 12 Condos and
Commercial spaces on the first floor.
As Stated by Jennifer James: "The Friedl Bakery Building retains
sufficient integrity as an individually eligible National Register of Historic
Places property, through the National Register of Historic Places — listed
Multiple Property Document (MPD) "Historic and Architectural
Resources of Waterloo," accepted in the Register August 8, 2014."
Historic significance criteria. Analytical factors used in determining if a building, structure, object,
site, or district is historically significant. The criteria apply to the quality of significance in American
history, architecture, archaeology, engineering, and culture that is present in buildings, structures, sites,
or districts that possess integrity of location, design, setting, materials, workmanship, feeling, and
association, and:
(a) That are associated with events that have made significant contributions to the broad patterns
of our history; or
(b) That are associated with the lives of significant persons in the past; or
(c) That embody the distinctive characteristics of a type, period, or method of construction, that
represent the work of a master, that possess high artistic value, or that represent a significant
and distinguishable entity whose components may lack individual distinction; or
d) That have yielded, or may be likely to yield, information important in history or prehistory.
Page 282 of 577
City of Waterloo Planning, Programming and Zoning Commission
January to, 2023
302 Commercial Street
Historic Nomination
Cedar Valley Real Estate, LLC
NPS Form 10-900
OMB No. 1024-0018
United States Department of the Interior
National Park Service
National Register of Historic Places
Registration Form
This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How
to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented, enter "N/A" for "not
applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions.
Place additional certification comments, entries, and narrative items on continuation sheets if needed (NPS Form 10-900a).
1. Name of Property
historic name Friedl Bakery Building
other names/site number
Name of Multiple Property Listing Historic and Architectural Resources of Waterloo [Iowa]
(Enter "N/A" if property is not part of a multiple property listing)
2. Location
street & number 302 Commercial Street
city or town Waterloo
state Iowa
county Black Hawk
zip code 50701
not for publication
vicinity
3. State/Federal Agency Certification
As the designated authority under the National Historic Preservation Act, as amended,
I hereby certify that this x nomination request for determination of eligibility meets the documentation standards for
_
registering properties in the National Register of Historic Places and meets the procedural and professional requirements
set forth in 36 CFR Part 60.
In my opinion, the property x meets does not meet the National Register Criteria. I recommend that this property
_
be considered significant at the following level(s) of significance: national statewide x local
_ —
Applicable National Register Criteria: x A B C D
_ _ _
Signature of certifying official/Title: Deputy State Historic Preservation Officer Date
State Historical Society of Iowa
State or Federal agency/bureau or Tribal Government
In my opinion, the property _ meets does not meet the National Register criteria.
Signature of commenting official Date
Title State or Federal agency/bureau or Tribal Government
4. National Park Service Certification
I hereby certify that this property is:
entered in the National Register _ determined eligible for the National Register
determined not eligible for the National Register removed from the National Register
other (explain:)
Signature of the Keeper Date of Action
Sections 1 — 4 page 1
Page 284 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk, Iowa
County and State
5. Classification
Ownership of Property Category of Property
(Check as many boxes as apply.) (Check only one box.)
x
private
public - Local
public - State
public - Federal
x
building(s)
district
site
structure
object
Number of Resources within Property
(Do not include previously listed resources in the count.)
Contributing
1
Noncontributing
0
0
0
0
1
0
0
0
0
Number of contributing resources previously listed in the National Register:
0
buildings
site
structure
object
Total
6. Function or Use
Historic Functions
(Enter categories from instructions.)
COMMERCE/TRADE/specialty store/bakery
INDUSTRY/PROCESSING/EXTRACTION/
manufacturing facility
DOMESTIC/multiple dwelling
Current Functions
(Enter categories from instructions.)
COMMERCE/TRADE/ specialty store
COMMERCE/TRADE/ business
DOMESTIC/multiple dwelling
7. Description
Architectural Classification
(Enter categories from instructions.)
LATE 19TH AND 20TH CENTURY AMERICAN
MOVEMENTS/Classical Revival
Materials
(Enter categories from instructions.)
foundation: BRICK
walls: BRICK
roof: SYNTHETICS
other: STONE
Section 7 page 2
Page 285 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
Narrative Description
Summary Paragraph (Briefly describe the current, general characteristics of the property, such as its location, type, style, method of
construction, setting, size, and significant features. Indicate whether the property has historic integrity.)
The three-story Fried) Bakery Building is located at the corner of Commercial Street and West Second Street
within the downtown Waterloo west side commercial business district on the Cedar River, in the county seat
of Black Hawk County, Iowa. Built in 1911 as a bakery plant, the 28,000-square-foot building was designed for
baking operations from the full basement through second floor, and the top floor was reserved for a baker's
apartment with additional leased units.' The rectangularly massed masonry building with rear -sloping roof
behind stepped parapets was designed in the popular Classical Revival style. The exterior features brown
finished brick with limestone accents on the symmetrical facade and secondary fa9ade, and unfinished
concrete brick on the tertiary elevations. The storefront composition incorporates large display windows under
broad lintels flanking a recessed stone -trimmed double door pedestrian entrance; the fa9ade's upper stories
contain pairs of double -hung windows grouped under stone lintels and crowned with a stone cornice.
Rhythmically spaced historic window openings on all four sides illuminated and ventilated the bakery and
upper apartments. There are vehicle loading bays near the rear. The interior includes key historic bakery and
apartment spaces with many period of significance materials. The Fried) Bakery Building retains integrity of
location, setting, feeling, association, materials, design, and workmanship, reflecting its period of significance
spanning 1911 through 1927.
Narrative Description (Describe the historic and current physical appearance and condition of the property. Describe contributing and
noncontributing resources if applicable.)
(Iowa SHPO Additional Instructions: After the main Narrative Description, discuss any physical alterations since the period of significance under
the subheading Alterations, and the seven aspects of integrity as it applies to the resource in a Statement of Integrity with each aspect discussed in
its own paragraph.)
Topography and Setting
Waterloo, Iowa, is located in the northeastern quadrant of the state, within the Cedar River Valley. The Cedar
River flows southwesterly as a tributary of the Iowa River, which runs through the state to the Mississippi
River at the eastern border. Waterloo, the county seat of Black Hawk County, is bisected into "east" and
"west" sides by the Cedar River. Original plats on both sides of the river are angled to the diagonally flowing
river, rather than oriented to true north. Commercial Street and other named streets in the West Waterloo plat
run parallel to the river (northwest to southeast); numbered streets run perpendicular to the river (northeast to
southwest), with some streets crossing at bridges over the river.2 Historically, rail lines ran along the river and
two blocks west of the building —in the vicinity of the current divided highway U.S. Route 218. For simplicity,
this nomination will use the shortened terms north, south, east, and west to describe orientations within the
neighborhood, as well as the Fried) Building elevations and interiors.
The Fried) Bakery Building, 302 Commercial Street, is located on the western side of downtown, within the flat
river flood plain some one -and -half blocks southwest of the river.3 As its name implies, Commercial Street
historically served as a main west side business street, lined with retail, financial, hotel, and civic buildings
congregated around the Fourth Street and Fifth Street bridges. North and west of this commercial business
core, a concentration of light industrial and manufacturing buildings developed; Commercial Street terminates
some four blocks north of the subject building at the former John Deere & Co. tractor works. Extant historic
business district buildings include the Waterloo West Commercial Historic District (NRHP 2014; contributing
buildings dating 1880s through early 1960s roughly Jefferson Street to Washington Street between W. Fourth
and W. Fifth streets); 1914 Hotel Russell -Lamson (NRHP 1988; corner of Commercial and W. Fifth streets,
'The [Waterloo] Courier, "Fried) Bakery Modern Plant," November 10, 1911: 3.
2 U.S. Highway 63 bends to cross the river with two bridges, eastbound and westbound, at W. First Street and W. Mullan Avenue.
3 The building address has ranged from 300, 302, and 304 Commercial Street.
Section 7 page 3
Page 286 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk, Iowa
County and State
201-15 W. Fifth Street); 1907 Fire Station No. 2 (NRHP 1988; 716 Commercial St.); and 1938 Waterloo Public
Library (formerly the U.S. Post Office and federal building, 415 Commercial Street, Waterloo). Scattered
extant commercial, manufacturing, and other light industrial buildings also remain in this area, with loss of
some of the industrial buildings due flooding, fires, highway and bridge construction, and infill civic projects.
Nearby, extant manufacturing buildings are rare survivors, which include four properties identified in the 2014
National Register listed "Historic and Architectural Resources of Downtown Waterloo" Multiple Property
Document: the 1911 Fried) Bakery Building and the historically related 1927 Campbell Baking Company
complex (NRHP 2016; 325 Commercial Street) across the street,4 as well as the 1913 Kistner Mortuary and
1947 Peter Pan Bakery buildings in the 300 block of W. Third Street.5
.11
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Figures 1-2: Left: Red pin marks the location of the Fried) Bakery Building, 302 Commercial Street, Waterloo,
Iowa. (Google Earth, 2022) Right: This overview location map shows the Fried) Bakery Building on the west
side of the river. (Google Earth, 2022)
Building Site
The Fried) Bakery Building is located on the west side of Commercial Street, at the southwest corner of
Commercial and W. Second streets. The building occupies nearly all of one urban platted lot —Lot 5, Block 5,
of the Original Plat of West Waterloo. This nomination consists of the one contributing subject building, for
which the National Register boundary is Lot 5. The rectangular site is bounded on the east by Commercial
Street, with a concrete public sidewalk and narrow grassy public parking strip. West Second Street marks the
north end of the site, with a concrete public sidewalk and narrow grassy public parking strip. To the west, the
site is edged by a paved public alley. And to the south is a private concrete sidewalk that steps down to the
rear alley. Beyond this south sidewalk is a paved parking lot located on Lot 4, which not included in the
National Register boundary. The grade on Lot 5 slopes gently down to the west alley. The building footprint
9 Dieber et al.: E.18: The Peerless Baking Co., a branch of the Kansas City -based Campbell Baking Co., purchased the Fried) & Son
Bakery business in 1917 and through its successor conglomerates leased space for a decade in the Fried) Bakery Building prior to
building a new facility in 1927, as will be discussed further under the Statement of Significance.
5 Dieber et al.: F.37, F.38, F.41.
Section 7 page 4
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
measures 50 feet north -south by 140 feet east -west. There are no site features nor landscaping beyond the
sidewalks and grassy parking strips with typical municipal streetlight, parking meters, and signs.
Building Exterior
As designed by the Burkett & Pedicord firm, the Fried! Bakery Building's main 50-foot-wide facade fronts east
along Commercial Street, and the 140-foot-long secondary facade fronts north on W. Second Street. As built
by general contractor C.A. Gracely, brick is the main exterior facade wall material and the concrete foundation
is brick -veneered. There is variegated brown face brick on the symmetrical east facade and nearly
symmetrical north secondary facade —enlivened with stone water table, stone entrance pediment, hoodmold
lintels, sills with decorative stone squares beneath, decorated string course, projecting cornice, coping, and
other detailing.6 The symmetrical facade has three bays: at the first floor, there are two storefronts with triple
windows with transoms flanking a central recessed double door entrance, and above there are three bays of
paired windows. The grouped windows are unified by lintel surrounds and continuous sills. The reconstructed
storefronts each consist of triple narrow rectangular windows topped with transoms, and unified by lintel and
sill treatments. The front entrance is reached by three wide steps that span brick piers set on stone bases,
with inset stone panels, and topped with stone capitals crowned by carved semi -circular sunbursts abutting a
stone pediment directly over the recessed wood -framed glazed replacement doors and sidelights. At the
parapet, stone detailing continues with a stone stringcourse with vertical decorative elements underscoring
inset stone -and -brick diamonds and a stone projecting cornice above which the brick wall continues several
courses to narrower stone coping. The facade detailing at the cornice briefly wraps the north and south sides.
Figure 3: The Fried) Bakery Building, looking southwest from Commercial and W. Second streets.
(Jennifer James Communications, 2021)
On the north secondary facade, the same brick and stone is employed, but in a simpler arrangement. The
brick wall continues to a stepped parapet with simple coping. The stone water table continues, above which
there are regularly spaced single rectangular double -hung windows marked by stone plain lintels and thinner
stone sills. The bays generally align vertically from floor to floor, although the number of bays varies per floor.
There are fifteen bays on the first and third floors, seventeen bays on the second floor, plus a small window
6 The sidewalk level has been raised since original construction, obscuring the original basement windows that remain extant on the
interior, and as such the water table now appears on the fagade to be more of a plinth.
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
illuminating the top of the historic elevator shaft. At the first -story level, there are two doorways that have
longer original stone lintels; one doorway remains in use with a code -compliant short set of contemporary
metal stairs and the other has fixed door glazing. At the far west end near the alley, there is a brick segmental
arched loading bay infilled with a pedestrian door. There is one original wood double -hung window next to the
loading bay, and the other windows and doors are replacements. On the basement level, due to the sidewalk
level being raised since construction, the window openings located below the stone water table are brick-
infilled.
There are two tertiary elevations, which both have walls of unglazed concrete common brick: the rear west
alley elevation and the south side elevation. At the northwest corner of the west alley elevation, the face brick
quoins, and the material changes to unglazed concrete bricks. There is a segmental -arch -top loading bay at
the southwest corner of the west elevation. The original brick segmental -arch -top window openings
overlooking the alley have cast -stone sills; the number of bays varies, reflecting the different uses of the
spaces on each level. The rear fenestration arrangement appears to have been designed around the location
of a metal fire escape, which remains in place: At the first story there is one window opening containing an
original wood double -hung window and one loading bay with original wood doors intact (preserved behind a
protective fixed glazed storm window treatment). At the second story there are five fenestrations: three
segmental -arch -top windows, one arch -top wood glazed egress door, and one small rectangular divided-lite
metal window. At the third story there are seven fenestrations: six arch -top windows and one arch -top wood
glazed egress door. The roof drains to the rear, and there is a gutter and two downspouts. There is also a
coal chute metal door and electrical connections.
Figures 4-5: Left: The Fried) Bakery Building, looking northwest from Commercial Street. Right: The Fried)
Bakery Building, looking southeast from W. Second Street. (Jennifer James Communications, 2021)
The south tertiary elevation, when built, was not visible from the street due to the location of adjoining
buildings. The south concrete brick wall continues to a stepped parapet with simple coping, and there is a
stub of a former brick chimney. At the first story there are nine bays: one double -hung window, one double set
of doors, three single doors, and four storefronts. The second and third stories each contain fifteen
segmental -arch -top windows with cast -stone sills, with some windows being narrower and the spacing
between windows varying. The first -story fenestrations have changed over time, with evidence of earlier
segmental -arch -top openings that have since been brick-infilled so that all openings are now flat topped.'
As a working bakery 1911 through 1927, some fenestration changes likely occurred during the period of significance in response to
the 1917 change in business ownership, advances in technology including truck delivery vs. horse-drawn wagons, and 1919 removal
of the tenement building located near the south elevation. The 1918 Sanborn Fire Insurance Map records fenestrations on the south
elevation. In 1969, three bay windows were installed near the rear to provide light and access from the south parking lot into the first -
floor commercial space; these bay windows were removed in the 2021 historic tax credit rehabilitation and replaced with storefront
Section 7 page 6
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
The gently sloping roof is hidden by the parapet walls and the building's three-story height. The roofing is
synthetic. There are two historic skylights: one open and one enclosed. Equipment and venting mounts on the
roof.
Interior
The building contains about 28,000 square feet of space on the four levels, spanning full basement to third
floor. Many of the original historic bakery and third -floor apartment finishes remain within the historic spaces,
with additional subdivision and code -compliant upgrades completed during the historic rehabilitation.8 The
main historic (period of significance, or PoS) spaces and current rehabilitative uses are as follows, floor by
floor:
• First floor: historic front office and retail bakery storefront; central bake shop, rear wrapping and shipping,
north freight elevator shaft, and south apartment entrance; adapted to four commercial tenant spaces
including front office use, passenger elevator, and continued apartment entrance.
• Second floor: historic bakery finished front rooms, central mixing area, rear flour storage, south stairs, and
north freight elevator shaft; adapted to six apartments using existing demising walls and a central double -
loaded corridor following historic column lines with sub -corridor to passenger elevator.
• Third floor: historic on -site baker's apartment and additional leased apartments accessed from a double -
loaded central corridor from a staircase and sub -corridor to the freight elevator shaft; with the six apartments
located largely within historic floor plans, accessed via south stair and north passenger elevator within historic
freight location.
• Basement: historic bakery storage, specialty rooms, boiler room, and north freight elevator shaft location;
historic walls retained with some additional walls and stairs added to meet life -safety egress, fire separation,
and related code compliance.
Figures 6-7: Left: The first -floor finished front retail and office, looking east. Right: The first -floor east wall of
the baking area, looking southwest. (Jennifer James Communications, 2021-2022)
First floor: This level features four tenant spaces located within the four historic bakery spaces, which retain
many historic PoS finishes and materials: Front finished office and retail bakery, central baking area with
glazing.
s Two key sources for understanding the bakery configurations are a 1911 feature newspaper story about the bakery opening, and the
1918 Sanborn map (Figure 18), the first to include the bakery building. The Courier newspaper detailed the opening of the bakery
November 10, 1911, in a story headlined "Fried) Bakery Modern Plant: `Cleanliness Next to Godliness' Rules," which provides two
photographs showcasing the new baking facility. The 1918 Sanborn map shows bakery operations on three levels, spanning
basement to second floor, with "flats" (apartments) on third floor, including one occupied by a Fried) family member to provide on -site
bakery management.
Section 7 page 7
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
white glazed brick, and unfinished rear loading and delivery area. (See Figures 6 through 9.) The front tenant
space is office use: It retains the original tall finished ceiling, finished walls with pilasters in front and limited
white tiled bake shop walls at the back of the space, and carpet protecting PoS wood floors in poor condition.
The painted wood trim and floor base is replacement, based on historic shadow lines uncovered during the
rehabilitation. The front tenant space, a circulation corridor, and two center tenant spaces occupy most of the
historic baking area, with PoS white glazed tile walls and pilasters on the perimeter north, west, and south
walls, plus circular metal columns and finished ceiling with coved plaster beams, and replacement resilient
and wood flooring. The rear tenant space occupies the historic rear wrapping and shipping room: The PoS tall
wood ceiling is exposed with east -west steel beams that tie into engaged brick pilasters on the painted
masonry perimeter walls, and PoS wood strip tongue -and -groove flooring, plus PoS rear loading bay double
wooden doors.
Historic circulation includes the wood -paneled central entrance doors plus egress doors on the south and
north elevations, loading bays, wood paneled apartment staircase, and freight elevator shaft, plus the rear
exterior fire escape and two replacement code -compliant basement staircases. The rear northwest corner
contains an egress door with sidelights inserted into the historic wagon loading bay fronting E. Second Street;
there are interior stairs leading up to the rear tenant space and down to the basement. At the rear southeast
corner fronting the alley, the historic west wagon loading bay contains PoS wood beaded -board -trimmed
doors that open into the tenant space (an exterior storm window provides protection from weather). The third -
floor central corridor is original; the second -floor corridor follows original column lines.
Figures 8-9: Left: Rear wrapping room looking south. Right: Apartment staircase looking southeast.
(Jennifer James Communications, 2021)
Second Floor: This floor features six apartments, which occupy three historic bakery spaces: front finished
rooms, central baking work room, and rear flour storage. (See Figures 10-11.) The apartments retain period of
significance wood floors, finished walls with pilasters, finished ceilings, original coved plaster ceiling beams,
exposed metal ceiling beams, metal columns, and wood trim. The wood -paneled central staircase opens to
the corridor; the stairs retain wood banisters and railings, and is illuminated by the third -floor skylight. The
Section 7 page 8
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
historic front finished area, which had a series of smaller rooms, is incorporated into two apartments; historic
finishes include the original finished walls, finished ceilings, wood strip flooring, Colonial Revival -style wood
casing profile, and taller wood base. The wood -floored central corridor is built along an original column line
with four round metal columns visible and engaged with plastered coved ceiling beams. The corridor
terminates at the rear egress door to the fire escape. The apartments located within the former bakery mixing
room and rear flour storage rooms contain simpler, narrower PoS window trim. In the former mixing room,
now occupied by apartments and the central corridor, north -south coved plastered ceiling beams terminate at
engaged pilasters. In the rear flour storage rooms, large riveted exposed metal beams run east -west along
the ceiling, terminating at the plaster -finished thick masonry wall dividing the mixing room from the rear flour
storage.
Figures 10-11: Left: The second -floor corridor features original wood flooring, steel columns, and coved
ceiling beams, looking west. Right: Typical large riveted exposed metal ceiling beam in an apartment located
within one of the rear flour storage rooms, looking east. (Jennifer James Communications, 2021)
Third floor: As built, the top floor contained apartments accessed from a central double -loaded corridor with
circulation provided via the south staircase and north freight elevator. (See Figures 12-13.) The top of the
wood -paneled stairs has a wood railing and is centered under a deeply recessed skylight framed in beaded
board. The central corridor extends west from the staircase to the west egress door and fire escape beyond;
there is a code -mandated fire door near the open staircase. The corridor has original wood strip floors, wide
wood base, tall door openings with paneled doors topped by transoms with Colonial Revival -style wood
casing, a shorter paneled door, some corridor interior ventilation windows and a second (enclosed) skylight.
Extending from the main corridor is a sub -corridor to the freight elevator location now containing the
passenger elevator. The interiors of the apartments retain PoS finished walls and some added walls, wood
trim and base, wood floors, finished ceilings, and some wood paneled doors. The bathrooms and kitchens
have been updated with new casework and fixtures, and there is vinyl tile installed over wood floors in water -
prone areas.
Basement: The full basement has concrete and brick walls, with massive masonry piers, and a concrete floor.
The original exposed wood ceiling remains, preserved beneath gypsum wallboard to meet fire code.
Section 7 page 9
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk, Iowa
County and State
Basement divided -light wood windows remain intact on the interior, although the window openings on the
exterior have been infilled with masonry, which has helped keep water out of the building during river flooding.
The basement boiler room is located at the west end. Near the northeast corner is the former freight elevator
now dedicated to the passenger elevator. In the center are a core of stuccoed masonry -walled rooms that
appear to have contained supplies and specialty uses.
Figures 12-13: Left: Typical original third -floor apartment corridor, looking west. Right: Typical original third -
floor apartment, looking southeast. (Jennifer James Communications, 2021)
Alterations
The baking industry continued to evolve during the era of bakery operation, 1911 through 1927. Early
changes included the end of the Fried! family's operation of the bakery in 1917 and the replacement of horse-
drawn carriages with delivery trucks. The period of significance ends in 1927, when the Peerless / Colonial
bakery moved to a new facility across the street, ending the bakery use. The year 1927 also marks the final
year of the building's ownership by the elder Wenzel Fried!. The building in the post-PoS era (1928 and
beyond) was repurposed to general commercial and apartment use, with largely additive changes that
retained historic bakery finishes and features beneath cover-up materials. Beginning in the late 1920s and
continuing into the 1950s, the Fried! family adapted the first -floor for general commercial use, converted the
second floor to apartments, and changed cover-up materials in a piecemeal fashion. A 1969 first -floor
remodel included some exterior modifications, including painting the first -story brick, enclosing some
windows, altering the storefront windows, and adding bay windows to the south tertiary side. Nearly all of
these changes were reversed during the recently completed historic tax credit rehabilitation. Careful removal
of cover-up materials revealed intact bakery finishes and features. In summary, the building retains its PoS
character -defining exterior features including corner siting, three-story massing, masonry walls with stone
detailing, plentiful fenestrations, decorative grouped windows on the facade, and rear loading bays. The PoS
character -defining features in the building interior include a mix of finished and industrial exposed work areas
with wood floors, painted finished walls, white glazed brick in the baking room, wood trim, wood paneled
doors, wood -wainscot central staircase with wood railings, beaded -board -trimmed skylights, round metal
columns, plastered coved ceiling beams, some exposed beams and wood ceiling, and exposed masonry and
concrete in the basement.
Section 7 page 10
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
Integrity
The Fried) Bakery Building retains sufficient integrity as an individually eligible National Register of
Historic Places property, through the National Register of Historic Places -listed Multiple Property Document
(MPD) "Historic and Architectural Resources of Waterloo," accepted in the Register August 8, 2014. The MPD
designates the Fried) Bakery Building as individually eligible as a Commercial Property Type II — Second
Generation and Reconstructing Main Street Building, 1870-1917.9 The National Park Service reaffirmed the
National Register eligibility for the Fried) Bakery Building with its 2019 approval of the Federal Historic Tax
Credit Part 1 Application and 2021 approval of the Part 3 Application certification of rehabilitation work. In its
rehabilitated condition, the Fried) Bakery Building now showcases more historic fabric that when it was
included in the 2014 MPD. For this reason, the Fried) Bakery Building remains eligible under the MPD's
registration requirements by possessing key components of a Commercial Property Type II — Second
Generation and Reconstructing Main Street Building (1870 — 1917), including integrity of its associative and
architectural characteristics, as well as "essential characteristics such as massing, survival of the historic
pattern of fenestration and storefront composition, and contribution to the street's overall profile."10 As noted in
the MPD, commercial storefronts often change and may include cover-up materials, but often the historic
fabric is present underneath —as was the case here, where the bakery building's character -defining elements
including brick and stone have remained intact and could be restored to their original appearance.
Location: The Fried) Bakery Building remains at its original site in downtown Waterloo. Regarding location, its
integrity is excellent.
Design: The integrity of the 1911 design by the Burkett & Pedicord architecture firm is very good . The bakery
building continues to employ simple Colonial Revival ornamental detailing in brick, stone, and fenestrations,
expressing the historic building function as a commercial bakery building in Waterloo. The historic tax credit
rehabilitation restored the exterior to its period of significance design and unveiled long -covered interior
materials and features. The four fully fenestrated elevations provided natural light and ventilation, and large
delivery doors at the rear facilitated the shipping and receiving of ingredients and baked goods from its corner
urban site. The interior retains key spaces, materials, and features reflecting the dual use of the building as a
commercial bakery with upper baker apartment and additional leased units. Key interior spaces include
finished front rooms, tiled bake shop, exposed rear delivery area within the first floor; second -floor baking and
storage operations integrated into apartments, and the original finished upper apartments accessed by the
wood -paneled stair and former freight elevator -turned -passenger elevator.
Setting: The integrity of setting is good. The setting on a mostly flat site includes buildings in the immediate
one -block radius that have stood since the early and mid-20th century. However, many of the historic
manufacturing buildings in the neighborhood have been lost due to flooding, fire, road projects, parking lot
creation, and civic projects —which elevates the importance of the Fried) Bakery Building as a rare surviving
prewar manufacturing building with original upper apartments. (The rear stagecoach stable on the adjoining
lot, which the Fried! family removed in the late 1950s to create the south parking lot, is one such example.)
The Fried) family and employees of the bakery under the Friedls and successor baking companies would
readily identify the building, given the nearly intact exterior.
Materials: Material integrity on the building exterior and interior is good to very good. The building retains its
original brick elevations with brick and stone detailing, nearly all its historic fenestration openings
(except for the first -story tertiary south rear fenestration changes), and a few original wood and metal
windows, plus historic loading bay openings with one pair of wooden loading doors. In addition, the building
9 Deiber et al.: F.35-F.36.
io Deiber et al: F.35.
Section 7 page 11
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
retains the decorative facade detailing including restored storefront windows and stone detailing at the
centered front door and windows. The PoS character -defining features in the building interior include a mix of
finished and industrial exposed work areas with wood floors, white glazed brick in the main bake shop, wood
trim, wood paneled doors, wood -wainscot central staircase with wood railings, beaded -board -trimmed
skylights, round metal columns, plastered coved ceiling beams, some exposed beams and wood ceiling, and
exposed masonry and concrete in the basement. Many of these materials had been covered by post-PoS
cover-up materials, which protected the underlying original bakery and apartment finishes and features until
the historic tax credit rehabilitation unveiled them.
Workmanship: The integrity of workmanship is very good. The Fried! family expected and received a finely
crafted masonry exterior and solidly built masonry walls. The interior includes original plastered surfaces
including coved ceiling beams, hand -laid glazed brick and exposed masonry walls, and solid wood floors.
Feeling: The integrity of feeling is good. The Fried! Building as a prewar multistory building retains its stone-
enlived symmetrical facade, minimally altered masonry exterior with plentiful fenestrations, and rear loading
bays. The interior includes special work zones and living spaces that speak to bakery operations and
apartment living in the early 20th century, including the white glazed brick bake shop, exposed walls and
ceiling in the rear wrapping and delivery, and staircase and formal central corridor leading to third -story
apartments.
Association: The building retains its strong association with the bakery businesses that occupied the building,
1911 through 1927, as well as the Fried! family, which built the building and occupied the on -site baker's
apartment.
Section 7 page 12
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
8. Statement of Significance
Applicable National Register Criteria Areas of Significance
(Mark "x" in one or more boxes for the criteria qualifying the (Enter categories from instructions.)
property for National Register listing.) COMMERCE
u
1A
Property is associated with events that have made
a significant contribution to the broad patterns of our
history.
B Property is associated with the lives of persons
significant in our past.
C Property embodies the distinctive characteristics
of a type, period, or method of construction or
represents the work of a master, or possesses high
artistic values,
or represents a significant and distinguishable entity
whose components lack individual distinction.
D Property has yielded, or is likely to yield, information
important in prehistory or history.
Criteria Considerations
(Mark "x" in all the boxes that apply.)
Property is:
A Owned by a religious institution or used for religious
purposes.
B removed from its original location.
C a birthplace or grave.
D a cemetery.
E a reconstructed building, object, or structure.
F a commemorative property.
G less than 50 years old or achieving significance
within the past 50 years.
INDUSTRY
Period of Significance
1911-1927
Significant Dates
1911
1917
1927
Significant Person
(Complete only if Criterion B is marked above.)
Cultural Affiliation (if applicable)
N/A
Architect/Builder
Burkett & Pedicord
Gracely, C.A.
Section 8 page 13 Page 296 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
Statement of Significance
Statement of Significance Summary Paragraph (Provide a summary paragraph that includes level of significance, applicable criteria,
justification for the period of significance, and any applicable criteria considerations).
The Fried) Bakery Building is locally significant and eligible for the National Register of Historic Places due to
its association with events that have made a significant local contribution to the broad patterns of Waterloo,
Iowa, commercial history: Locally, the building has been noted as the city's first purpose-built fully
mechanized bakery building and remains a rare surviving early example of a sanitary food manufacturing
facility with a retail storefront in Waterloo. The rise of the mechanized sanitary baking industry in the early
twentieth century as part of the pure food movement and the city of Waterloo's growth as an industrial food
processing hub played important roles in the community's development, as reflected in the Fried) Bakery
Building. Further, the bakery building helps tell the story of the early -twentieth-century shift from local bread
baking to the rapid rise of national corporations based on advances in baking science, technology, and
transportation. The Fried! Bakery Building meets the MPD's registration requirements as a Commercial
Property Type II — Second Generation and Reconstructing Main Street Building, 1870-1917.11
The period of significance for Criteria A —Commerce and Industry is 1911 through 1927, reflecting the 1911 W.
Fried) & Son construction of the building through 1927, the final year of operation as a commercial bakery, as
the Campbell Baking Co./Continental Baking Co, and the final year of baker Wenzel Friedl's ownership of the
property. The Fried) Bakery Building's period of significance encompasses the Fried) family's operation of the
bakery, 1911 through 1917, the 1917 sale of the family bakery business, and subsequent 1917 through 1927
lease of the building to a regional baking corporation that in turn became part of a national bakery holding
company.
Narrative Statement of Significance (Provide at least one paragraph for each area of significance.)
(Iowa SHPO Additional Instructions: For properties not nominated under Criterion D, include a statement about whether any archaeological remains
within or beyond the footprint of the property were assessed as part of this nomination under the subheading Archaeological Assessment.)
As a "Commercial Property Type II Second Generation and Reconstructing Main Street: Buildings, Structures,
and Objects, 1870-1917," the 1911 Fried) Bakery Building derives local significance for its association with
commerce, as well as industry, due to its construction by the local Waterloo bakers who were expanding their
operations in the early 20th century from local main street bake shop to regional bread factory with retail
storefront. The Fried) Bakery plant represents the trends of mechanizing bread -baking and business
expansion to supply the greater Cedar Valley region. The Fried) Bakery Building also remains notable as an
early Waterloo sanitary food manufacturing building, reflecting the nascent U.S. sanitary bakery movement
with various sanitation measures incorporated into the design by local Waterloo architecture firm Burkett &
Pedicord. The Fried) Bakery Building further derives local significance for its association with Commerce due
to its association with the broad historical trends of consolidation and corporate baking entity ownership within
the bread baking industry through the rise of regional and national baking corporations and holding
companies during the period of significance, as illustrated by the W. Fried) & Son Bakery operating 1911
through 1917, until selling the business and leasing the building for a decade (1917 through 1927) to a branch
of the Kansas City -based Campbell Baking Co. and its larger corporate successors during the period of
significance.
Building Waterloo: Second -Generation Commercial Buildings and Fried! Bakery
In fall 1910, longtime bakery owner Wenzel Fried) purchased the subject property and hired local contractor
C.A. Gracely to construct an "immense bakery." Fried) engaged the Waterloo architecture firm Burkett &
Pedicord to design the Classical Revival -style three -story -tall building that also included a full basement
11 Deiber et al: F.35.
Section 8 page 14
Page 297 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
utilized by the bakery. As reported in The Courier, the Fried) Bakery Building was the largest sanitary bakery
in Iowa at the time, and one of only a handful of fully mechanized bakeries in the United States.12 Success
propelled Fried) to expand and build a spacious and sanitary manufacturing facility, factory store, and offices
topped by an upper -level of apartment units, including one occupied by bakery partner and son, Philip Fried)
(W. Fried) & Son). The Fried) family's selection of the locally popular Classical Revival architectural style —
which was employed by central business district banks, hotels and other such commercial buildings —
projected the Fried) & Son Bakery's solidity and trustworthiness to the community in a competitive
marketplace. As will be discussed further below, previously the Fried) family had its baking facility at 609
Commercial Street (nonextant), with a storefront retail bakery, rear two-story baking facility with oven, and the
family apartment above.13
Construction of the Fried) Bakery Building occurred during an era of "second -generation" expansion for the
City of Waterloo, as it grew into an agricultural industrial center for lowa.14 This second era of growth occurred
post -Civil War, when Waterloo experienced a four -decade period of unprecedented growth, spanning the
1870s through circa 1915.15 "Industrial growth abounded during this period when large agricultural and
wholesale industries flourished. This impact was reflected in the continued building up and expansion of the
commercial district on both sides of the river, including infill on previously empty lots and the replacement of
earlier frame buildings," notes the MPD. Two main eras of construction occurred, with the second beginning in
1909 and adapting the popular Classical Revival style.16
Waterloo baker Wenzel Fried) (1854-1941) immigrated from Bohemia, also noted as Austria, in 1881 and
settled in Dubuque. Fried! moved to Waterloo in 1882, opening a bakery in the 600 block of Commercial
Street (nonextant) a half -block from one of the city's flour mills. In 1883, Fried) moved his bakery to his own
building, 609 Commercial Street (nonextant), which backed up to the river. In 1895 Fried) hired Waterloo
architect J.T. Burkett to design a two-story double storefront on Commercial Street, likely adjoining his
bakery.17 By the early 1900s, the "Fried) Block" consisted of a semi -attached masonry two-story block with
four storefronts extending from the bakery at 609 Commercial Street and to 615 Commercial Street. The
Fried) Block is non -extant, but the 1900 and 1910 Sanborn maps capture the bakery with a retail storefront
backed by a two-story bakeshop with one-story oven section at the rear, and horse stable behind; the Fried)
family resided upstairs. Catherine Fried), Wenzel's spouse, is listed as a homemaker in federal and state
census records, but it is acknowledged that she shared a property ownership stake and may have played an
active role in the bakery operations.18
12 The Courier, "Contract Let for Wenzel Fried) Bldg.," December 17, 1910: 3.
13 Deiber et al.: F36; city directories.
14 Deiber et al.; History of Black Hawk: 379-386. Also noted in the 2014 MPD, the first -generation era of growth started with settlers
arriving the mid-1840s; the early village along the Cedar River was called Prairie Rapids. The 1851 post office petition under the name
"Waterloo" established the current name, and the first plat (Original Plat West Waterloo, wherein the Fried) Bakery Building is located)
was laid out in 1853, with streets oriented to the river. Growth was accelerated after the community won the county seat in 1855 and
secured its first rail connection about 1861. By this time, Waterloo's river -driven industry included lumber, woolen, and flour milling,
which attracted farmers and further expanded the commercial base of the city.
15 Deiber et al.: E3.
16 Deiber et al: F36-37. Historian Jan Olive Full is credited with delineating the two eras of development.
17 The Courier, "To Erect a New Brick Block," February 7, 1895: 5.
18 Sanborn maps, 1900 and 1910; city directories; U.S. census records.
Section 8 page 15
Page 298 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Black Hawk, Iowa
Name of Property County and State
II
r
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Figure 14: The 1900 Sanborn map shows Fried) Bakery's long-time location at 609 Commercial Street (left
arrow), backing to the Cedar River; right arrow points to a nearby flour mill. North arrow imbedded on map.
(Sanborn 1900)
At the quarter -century mark, the Fried) Bakery had grown from a family bake shop into a retail and wholesale
business employing some fourteen workers, including several family members. This commercial success was
captured in a 1907 prominent front-page "Waterloo Booster" tribute to Wenzel Fried! on his 53rd birthday and
25th year baking in the city. The Waterloo Daily Courier enthused:
Today is the fifty-third birthday of Wenzel Fried), who came to Waterloo twenty-five years ago
and has been in the bakery business ever since. Mr. Fried) has been most successful in his business
and his establishment, which is one of the oldest in the city, is one of the largest and busiest. For
twenty-three years Mr. Fried) has been located at his present quarters at 609 Commercial Street.
....During the twenty-three years the business has constantly grown. At first, Mr. Fried) was
able to do all the work himself, but gradually more assistants were required until at present there are
fourteen persons employed at Friedl's bakery including bakers, drivers and other assistants. It is now
necessary to work both a day and night shift, to supply the demand for home-made cookery, for in
addition to the Waterloo trade they do a large business in shipping to small towns nearby.
Mr. Fried) is a man whose word can be depended upon. He is firm and determined and his
success is largely due to his persistent attention to the details of his business. He knows every part of
the business thoroughly and assists wherever his services are needed....19
19 The Courier, "Boosters for Great Waterloo," March 26, 1907: 1. Wenzel Fried) was involved in civic affairs, as well, including serving
on the board of directors of the People's Mutual Building & Loan Association of Waterloo by 1914. The Courier, "Serve 35 Years Still
on the Job," March 3, 1914: 14.
Section 8 page 16
Page 299 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
Waterloo
111
thi!eurict .
ru. 77 'rl•I.yr.%' w,. 1,N:-71.:11r 1.81.I:w
M HE fiEllir 8 tllf ti 5.
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Figure 15: In 1907, The Waterloo Daily Courier dedicated a front page story to Wenzel Fried) as a community
booster in celebration of his 53rd birthday and 25th year baking in the city. (The Courier, "Boosters for Great
Waterloo," March 26, 1907: 1)
In summer 1909, Fried) announced plans to expand his bakery at the rear of his Fried) Block site; the plans
called for a 50x80-foot two-story building "equipped in the latest manner for perfect sanitation and ventilation.
The interior walls will be lined with enameled brick. New machinery of the latest pattern will be installed and
new ovens constructed..."20 The expansion appears to have come about from the bakery's success,
population growth in Waterloo, subsequent increased demand for bakery bread, and possibly response to
competition from former Fried) employees who built a new baking plant in 1905. However, Waterloo's new
River Front Improvement Commission planned riverbank beautification, resulting in court injunctions
suspending Friedl's construction plans.21 Faced with this setback, Wenzel Fried) named his 21-year-old son
Philip (1889-1970) a partner in the bakery—W. Fried) & Son Bakery —before leaving for a months -long
European trip to visit family in Austria (perhaps the German-speaking Sudetenland region of former
Czechoslovakia).22 Philip, also known as Phil, was active in the Iowa Master Bakers Association and the
national trade association by the 1910s.23
20 The Courier, "Fried) to Build a New Bakery," August 26, 1909: 8.
21 The Courier, "Will Discontinue Fill," November 12, 1909: 14.
22The Courier, "Leave for Tour of Old Country," April 20, 1910: 8. Perhaps the trip also provided an opportunity to tour bakeries.
23 See next section on sanitation; also typical involvement shown in Bakers Review, Iowa Master Bakers Association meeting, January
1914: 87.
Section 8 page 17
Page 300 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
HC+F. 61.HC1011FF F00
FWFF
MAC! 1nn00.1t
cFntFR FO 1.FF1 WO(
FO/F AR. 00 FeF+
FRpn F.n w n+a
BLOCKS 2,3,4 e 5 - I I To 15 INc4, a 21 To 35 a 64
ORIGINAL PLAT
ON THE WEST SIDE OF CEDAR RIVER IN THE CITY OF WATERLOO, @LACK HAWK
COUNTY, ioula
Figure 16: Plat map showing the rotated plat with arrow pointing to the shaded property purchased in 1910 for
the new Fried) Bakery Building, at Commercial and W. Second streets; the directional north arrow is drawn on
the plat map. (Abstract of Title)
Upon his return in fall 1910, Wenzel closed on a property three blocks north from his existing bakery. The
corner property at Commercial and Second Street included an 1850s stagecoach inn that had been converted
to tenement apartments plus a stable. Fried) traveled to visit an architect in Joliet, Illinois, who was reported to
be preparing plans for his new bakery.24 Waterloo contractor C.A. Gracley secured the contract to build the
new building, reported as a three-story building with basement. The Courier hailed the $25,000-some project
as an "immense" brick -and -stone bakery plant, "one of the largest in the state, if not the largest" —and thus the
largest bakery in the city of Waterloo:
.... It is the intention of the... firm Wenzel Fried) & Son to utilize the two lower stories and
basement for an immense bakery, and the upper story will be prepared in apartments for dwelling
purposes. The bakery when completed will be one of the largest, if not the largest, in the state.
Pressed brick is the material selected, which will be trimmed with stone, making one of the most
attractive edifices in the city.
It is the intention of the owner to drill an artesian well on the premises thus insuring a plentiful
supply of the purest water. The foundation has already been laid, and work will be commenced on the
superstructure on or about the first of January.25
24 The Courier, "Locals and Personals," October 15, 1910: 4; "Real Estate Transfers," October 18, 1910: 9.
25 The Courier, "Old Cedar Valley House Property Is Transferred," October 6, 1910: 6.
Section 8 page 18
Page 301 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk, Iowa
County and State
34'. 34ro
3,
I
WRIIPP/tI j ire
fi.auR 51DKllde
iF imfluj 111,1
.3UL ;L' .110
cntellt;
vl?tON
TO —
Figures 17-18: Left: 1900 Sanborn map shows 1850s stagecoach inn -turned -tenements with rear sheds (Lot
4, 306-310 Commercial Street), with Lot 5 containing an old stable used with the Lot 4 sheds for a transfer
business. Right: 1918 Sanborn map shows the same two lots with the 1911 bakery building (Lot 5, 300-304
Commercial Street), one year after Peerless Baking began leasing the building. (Note: The Friedls moved and
removed selected pre-existing buildings on Lots 4 and 5: In circa 1911 reconfigured and moved the stable to
Lot 4; circa 1919, demolished the Lot 4 tenement house per city requirement; in 1954 dismantled the stable to
create a parking lot.)
Work on the 1911 construction of the Fried! building progressed rapidly, according to The Courier, which
provided updates throughout. To prepare the site, the old stagecoach stable and sheds were moved and
reassembled on Lot 4 to provide wagon storage and horse stabling (additional horse and wagon storage may
have been used off site).26 The building's first story was erected by early February 1911.27 Upon the building's
completion in November 1911, The Courier dedicated a full -page story with photographs covering the new
bakery —a long story by Courier standards— detailing the bakery's expanded business, and use of sanitary
methods and new technology. The headline summarized the local importance of the building to Waterloo:
"Fried) Bakery Modern Plant; `Cleanliness Next to Godliness' Rules; Only Three other Establishments in
Country Similarly Equipped." The story declared the bakery size to be "mammoth" and the conditions clean
and sanitary: "Bread, wholesome and nutritious, made without hands is practically accomplished in the new
bakery plant of W. Fried! & Son in the three-story building at the corner of Commercial and Second Streets.
From the time the flour is placed in the blender in the basement, reaches the second floor by means of an
elevator and passes through the dividing and weighting machines and into the carrier which delivers to a
moulder on the first floor, from where it goes into pans, later to the steam room, then to the ovens, and shows
later ready for delivery, the finished product has been scarcely touched by the workmen...."28 Raw ingredients
flowed through loading bays, circulating within the building via the freight elevator to the second -floor flour
storage and mixing room; baking occurred in the first -floor ovens with some specialty frying in the basement;
26 The Courier, "Old Cedar Valley House Property Is Transferred," October 6, 1910: 6; "Waterloo's First Hotel, Built in 1857,
Condemned," July 30, 1919: 11. Newspaper coverage noted that the city's first hotel, the former Cedar Valley House, had stood on Lot
4 since 1857. It was later converted into a rooming house/tenenment, but lacked city sewer and water. Condemnation of the "historical
landmark" was the city's first enforcement of Iowa housing law. Wentzl Fried) allowed poor families to live there rent-free, and he
negotiated an extension on the demolition timeline for the families to find alternative housing.
27 The Courier, "City in Brief," February 4, 1911: 12.
26 The Courier, "Fried) Bakery Modern Plant," November 10, 1911: 3.
Section 8 page 19
Page 302 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
before heading to the rear first -floor wrapping room; and finally loading out via rear wagon bays, with
deliveries bound for wholesale accounts and also sold in the retail storefront.
Although The Courier reported that Fried) had consulted an unnamed Illinois architect, the Waterloo
architecture firm of Burkett & Pedicord was credited with the building design.29 The principals of the Burkett &
Pedicord firm were established architect J.T. Burkett (1849-1938) and younger associate William L. Pedicord
(1887-1953), who were for a few years in partnership (circa 1908-1911).3° Burkett, named one of Waterloo's
leading architects, had previously worked for Fried). Burkett's commissions included important public,
institutional, and commercial projects, such as the Waterloo City Hall, First Presbyterian "Boulder Church,"
Immanuel Lutheran Church, Odd Fellows Building, the Martin Hotel, Waterloo Fruit & Commission Building,
Fowler Wholesale Grocery House (possibly the 1884 Fowler Company Building, 226-228 E. 4th Street; NRHP
2009), 1898-99 Gasser Building (626-630 Syndicate Street; NRHP 2011 as a contributing building in the
Waterloo East Commercial Historic District), among others. The Courier listed the following buildings as
designs by the dissolved firm of Burkett & Pedicord: new Friedl bakery, George B. Miller residence in
Prospect Hills, Alexander Glenny residence, and Stolte Building.31 Burkett had apprenticed as a wheelwright
in Pennsylvania and took a drafting course at Iron City College in Pittsburgh, before venturing west to Iowa
where he was involved with Cedar Valley millwork companies prior to pursuing architecture full-time. He
ended his career as a pattern maker for Waterloo Gasoline Engine Company, predecessor of the John Deere
Tractor Company.32
F91 L BAP
MANERI PLANT
POTATO ANCHOR BREAD
The hest is none ma good for our customers!
THE KIND YOUR MOTHER USED TO MAKE
Le.
rc ronio for
T -rrn�
r••F r e21 by .11 grocers
FRIEDL & SON BAKERY
IT PAYS TO SHOP
AT STERNBERG'S
91I1H1s/III LS
Big Fur Sale Now On
0
0
PRICES THE LOWEST 1Z
Furs, Dresses and Coats
The Bell Outfitters
The Place to Trade
OPEN FEVENING5
I\11Itnfli Id 111111 P1. 115Nf Ii\ I'I\\I
• llyd none le ranted .In.l, or to shartmentr.
Figure 19: The Waterloo newspaper covered the bakery construction in detail, marking the 1911 opening with
a long story with photos and an ad for the Fried) & Son Bakery opening; the exterior photograph is shown in
greater detail at the right. (The Waterloo Evening Courier, November 10, 1911: 3)
29 The Waterloo Evening Courier, "Fried) Bakery Plant," December 30, 1911: 12.
30 City directories, U.S. Census. Pedicord practiced architecture in a few different locations in Iowa before leaving the state.
31 The Waterloo Evening Courier, "New Blueprint Machine," February 7, 1912.
32 History of Black Hawk County and Its People: 98; The Courier, "John T. Burkett Dies; Architect and Millwright," March 3, 1938: 20.
Section 8 page 20
Page 303 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
Pure Food and Public Health Movements, Sanitary Bakery Standards, and the Industrial Design
of the Fried! Bakery Building
This section will examine the Fried) Bakery Building as a model sanitary bakery factory, with many original
finishes and features extant today. In incorporating model sanitary design standards, the Fried) Bakery
Building reflects the influence of the pure food and public health movements. The partners of W. Fried) & Son
Bakery were early leaders within the state and national bakers trade associations, which promoted best
sanitation practices. During the early 1900s as Wenzel Fried) was interested in expanding his business,
developments were taking place regarding food sanitation.
The pure food and drug movement grew during the late nineteenth century to enfold a broad base of
supporters concerned about deaths and addiction caused by patent medicines, unsanitary food processing
conditions, and food adulteration. Advances in chemical analysis put adulterated foods under the microscope,
and published muckraking exposes called attention to problems. The most influential publication journalist
Upton Sinclair's 1906 bestseller, The Jungle, depicted shocking conditions at Chicago's meatpacking
industry —swayed public opinion toward embracing regulations aimed at reining in profiteering practices that
risked consumers' health. As a result, in 1906 Congress passed the federal Pure Food and Drug Act and the
Meat Inspection Act; the federal legislation also prompted states to enforce existing regulations or add
regulations.33 Also during the late nineteenth century, a public health movement coalesced in response to
disease epidemics, water supply pollution, food adulteration, substandard housing, and other sanitary
problems. U.S. physicians, scientists, women's groups, and other "sanitarians" focused attention on issues;
local medical societies formed, the American Public Health Association began in 1872, and scientific
advances in germ theory slowly led to states creating and empowering boards of health to regulate conditions.
By 1887, Iowa had a health board, but it lacked enforcement.34
Bakery sanitation came to the forefront after public health crises including tuberculosis outbreaks in Chicago
in the early 1900s. This led to Iowa's public health ban on cellar bakeries and restaurant kitchens. As
described in the summer 1911 issue of the Bulletin of the Iowa State Board of Health: "The anti -tuberculosis
propaganda which has characterized the beginning of the twentieth century has produced in the mind of the
public at large some consciousness of the evils attendant upon a lack of light and ventilation.... The
awakening of a desire for clean food, which has been manifested in federal and state legislation, affords in
every community a sound basis for vigorous attempts to restrict the establishment of new underground
installations of this character and to effect the closing of the worst of those [bakeries and restaurants] now
existing in cellars."35
For the baking industry, sanitation posed different challenges for the two types of products: shelf -stable
products such as crackers and biscuits, and fresh baked products such as bread and pastries. The cracker
and biscuit bakeries had early on adapted to industrial scale, with large corporations with factories across the
country such as National Biscuit Co. (also known as Nabisco). Bread, however, with its shorter shelf life
before going stale or moldy, required small local bakeries. The advent of better transportation including
expanded streetcar and interurban routes, interconnected railroads, and automobile trucks —combined with
technology advances in baking machinery and shelf stabilization —provided an opportunity for bread baking to
grow in scale. To improve fresh bakery products, national baking trade organizations promoted sanitary
33 Kutler: "Pure Food and Drug Movement."
34 Kramer: 110-113; 130-160. Howard D. Kramer's dissertation about the history of the U.S. public health movement noted that Iowa's
lack of regulatory enforcement led some local officials and physicians to ignore health laws. "[P] pure air and water, wholesome food,
sewerage, enforced cleanliness, prevention of "crowding," disinfection, and an efficient sanitary enforcement remained the goal of the
sanitary scientist.
35 Bulletin of the Iowa State Board of Health, "Sanitation of Bakeries and Restaurant Kitchens," by Charles B. Ball, reprinted by from
the Journal of the American Public Health Association, July/August/September 1911: 9-12.
Section 8 page 21
Page 304 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
baking with regulations that influenced the design of bakery plants.36 Industrial bakeries such as the 1911
Fried) Bakery advertised the benefits of their mass-produced goods ("untouched by human hands") and the
architectural features of their sanitary plants. As part of the sanitary bakery movement, bakery plant
architecture like the Fried! plant changed to reflect the sanitary standards, including exteriors decorated with
applied ornament to project prestige and stability, plentiful windows for ventilation and natural light, and
sometimes light-colored exterior cladding. Interiors of these new sanitary bakeries featured sanitary finishes
such as enameled brick or tile for easy cleaning, large scale equipment to take the place of human hands,
and locker rooms with bathing facilities. The advent of electric automobiles also changed the delivery process,
moving away from horse-drawn delivery wagons to electric trucks.37
INTERIOR VIEW OF FRIEDL & SON BAKERY
Of first floor, Automatic Prnufl'r, lioulding Machine and 0renn.. Our plant in ono
of the largest, cleanest and most up-to-date bakeries in the state. Pan -Dandy and
Potato "Anchor" Bread, are the two leading brand; of Urcail, delivered to pin with all
ite fruitiness and purity preserved, in waxed wrapp!.n.
H p use nothing hut first )made material in ncu' goods, eleanliuegs and quality is our
watchword. Our plant is always open for your inspection.
Sanitary Standard
for BaKeries
Adopted by the National Association of
Master Bakers
1. Irulldina well Pollard in ryess part w lib natural light.
and thoroughly ,rntllated; air supply free from mntam-
inallon by surface duel
S. Floors. Wall sod Ceiling of Impervious materials
with smooth surfers. and kept Chan. Roams kept free
from veralln, and screened against gees,
& Plumbing, Drainage, etc., ample 1a remove waste and
present dampness. and kept in toed order. Aanitary tel.
lets, e1ru1 uR rnllrtly from bakeshop. and storage room.
4. .l Idrotiful supply of bore .rater. ronvrnlfnt and ade-
yente warll.lallds and supplies.
y. Garbage. Refnce, etc„ stored In tishtly-covered ca➢e
and disposed of quickly.
S. Maritime's. Toni. and other eaulpmrnt so made. la -
stalled and used as In far1111aate cleanliness and safety.
1. Stables so totaled and kept dialnfeeted as to present
odors from fallne rvm•hing bakery.
g. llrthods of Illslribullon such as to pratcet bakery
prndnrls from rnplaminatIon brlpern Iho oven and the
keme.
a. { health (•rtllaeate. showing freedom of all employee
fnnn skin disease•, lnhrrralosis. yrnrreed and other can-
1agis11s diseases. Npi111ng and 111r• use M1 Wham.* In the
bakery prohibited.
III. Fhnpinyro nt Iraktrlra ohelda he properly clothed In
rhmn, sanitary clothing.
Figures 20-21: Left: Photograph of Fried) & Son Bakery's Bake Shop ovens, automatic proofer, and molding
machine looking southeast, with freight elevator at far left. (The Waterloo Evening Courier, December 30,
1912) Right: The National Association of Master Bakers placed bakery plant sanitation front and center with
the "Sanitary Standard for Bakers." The Friedl Bakery Building appears to have met all ten standards.
(National Association of Master Bakers, Report of Seventeenth Convention, Richmond, Virginia, October
1914: 2)
The new 1911 Fried) Bakery Building appears to have metthe National Association of Master Bakers "Sanitary
Standard for Bakers", except for the use of autos.38 The Fried! Bakery exterior is richly ornamented, brick is
36 Nugent and Rieke: 8.13: As noted by the 2016 National Register nomination for the Campbell —Continental Baking Company
Building headquarters in Kansas City, the same company that purchased the Friedl Bakery in 1917.
37 Nugent and Rieke: 8.14.
38 National Association of Master Bakers (NAMB), Report of Seventeenth Convention, Richmond, Virginia, October 1914: 2: The one
area where the Fried) Bakery did not adapt new sanitation technology: delivery. The bakery relied on horse-drawn delivery, requiring
Section 8 page 22
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National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
light colored on two of the elevations, and windows are plentiful. The Fried) Bakery interior also became a
selling point for its products, with advertisements inviting the public to tour the facility and including a
photograph of the glazed brick bake shop and featuring some of its mechanized equipment. (Most of the
glazed brick walls remain.) The Waterloo Evening Courier in its coverage of the new Fried) Bakery noted the
firm's intent on adhering to the proverb "cleanliness is next to godliness, and specifically noted the following
architectural elements: artesian well for pure water, bathing facilities on the second floor for bakers, freight
elevator and conveyor belts to move ingredients and products with minimal human contact, mechanized
baking process to nearly eliminate human contact with bread, finished second floor to protect against dirt,
glazed brick baking room, and wrapping of the final bread loaves. Wenzel Fried) appears to have been an
early adapter of new technology in baking. An 1899 newspaper advertisement for Fried) Bakery offered a loaf
of machine -made bread free to every woman who visited the bakery: "Friedl's Columbia Bread is the finest
ever made by machine in Waterloo."39 The Fried) Bakery advertised its early adaption of mechanized baking,
as one of just a handful of U.S. bakeries to do so, along with the new bakery location.4°
Wenzel Fried) also played a leadership role in the professional development of commercial bakeries. He was
active in the formation of the Iowa Master Bakers' Association in the early 1900s, which was affiliated with the
National Association of Master Bakers. Waterloo hosted the Iowa association convention in 1909, at which
time the members toured local flour mills, the old W. Fried) Bakery at 609 Commercial Street, and competitor
Alstadt & Langlass Baking Company, 1428 Mulberry Street across the river.41 Former Fried) employees
Alstadt and Langlass purchased a small established bakery on the near east side of the river in 1903, then
built their own plant in 1905, expanding it several times during the early twentieth century. The Friedls
attended the 1911 national convention in Kansas City, where new sanitation standards were discussed.
At the 1911 Master Bakers convention in Kansas City, attended by Phil Fried) of the Fried) Bakery, sanitation
and mechanization were directly addressed. Health inspector Dr. Francis E. Fronczak, M.D. of Buffalo, New
York, reviewed the impact of the sanitary bakery movement in a paper he presented titled "Relationship
Between Bakers and Health Officials":
... Within the past four years, the baking industry in large cities has been the subject of much
investigation and legislation, and the findings in some instances have been revolting, prejudicial to the
public and to the industry itself....
The shop itself may play an important part in bringing about undesirable conditionsMany are old,
of poor adaptation, rough construction, deficient in light, ventilation, cleanliness, etc
I think we all agree on what a bakery should be. It should be commodious and well lighted and of
impermeable construction. It should have necessary dressing rooms, washing facilities and sanitary
store rooms....
The introduction of sanitary machinery, to eliminate manual contact with material has the
endorsement of all health officials....42
Another 1911 national bakery session on sanitation discussed the paper "Sanitation of Bakeries" by Dr. W.S.
Wheeler, M.D. Bakery association members voted to codify key points within Dr Wheeler's bakery sanitation
report as sanitation standards, which shaped the look of bakeries.43 This paper underpinned the association's
"Sanitary Standard for Bakeries," which the association placed at the first page of its 1914 convention report,
stabling the wagons and possibly the horses on site or nearby; horse-drawn delivery may have been phased out by the Friedls or by
the Peerless —Campbell Baking Co. after its purchase of the Fried) business.
39 The Courier, "Loaf of Bread Free" ad, May 26, 1899: 8.
40 Nugent and Rieke: 8.15: The Fried) claim is reinforced by information about the Ward Bakery Company, one of the largest U.S.
commercial bakeries around the turn of the twentieth century; Ward developed an automated bread baking process by 1910 that
eliminated human hands touching the product.
41 The Waterloo Evening Courier, "Convention Is Opened Today," February 10, 1909: 10.
42 NAMB 1911: 104-107.
43 NAMB 1911: 57-67.
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United States Department of the Interior
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NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
highlighting the standards importance. The standards also addressed plumbing and drainage, plentiful supply
of pure water and adequate handwashing stations, garbage stored in tightly lidded containers, and a posted
health certificate.44
Dr. Wheeler's main points on a well-appointed sanitary bakery included:
• Building should be constructed away from the dense business district to avoid smoke.
• Sanitary bakeries should be above ground (not the old-fashioned basement bakery), with ceilings 10
feet high, all walls plastered or tiled, and a light color so that dirt is easily found and cleaned. Floors should be
hard cedar, pine, tiling or cement.
• "There should be large windows which should be kept thoroughly cleansed, so that sunlight could
enter. The ventilation of the rooms is of the greatest importance, as in bread -making establishments odors
from yeast and other fermenting materials are always present." Windows should be screened.
• Flour and meal should be stored in dry, airy rooms for easy ventilation and cleaning. And not in
basements.
• Toilets should be separate and connected to sewers. Bathing facilities should be provided for
employees, along with lockers for changing into provided white linen suits.
• Adapt technology for health and safety: Mechanical kneading avoids the perspiration and
contamination of manual labor. Refrigeration should be used to keep milk cool.
• Hire healthy employees. Ban smoking, snuffing, and chewing tobacco, as well as spitting. Never
allow a bakery to become a sleeping place for employees.
• Wrapping bread in waxed paper with stamp of date "is the only strictly sanitary way to handle bread."
Other Delivery protocol: keep barns away from bakeries, as stable odors are penetrating; wagons should be
cleaned and painted, pulled by healthy cared for horses, with wagons tightly closed to keep out flies.
The Fried) Bakery was ahead of the industry curve, constructing its sanitary mechanized bakery building in
1910-1911, prior to the convention and adaptation of the sanitary conventions. This finding underscores the
local importance of the Fried! Bakery as a local leader in the sanitary baking movement.
The Bread Making Process, the Rise of Technology, and the Design of the Fried! Bakery Building
POTATO ANCHOR BREAD
'Fhc hest is none roo good for our customers!
Thar is why we are now making the Emu,. Nntato"Anch.,r"
Bread, made with rocar",e, :i.at milk; doeen'r chac suunE'{ Lnx,4t f'
THE KIND YOUR MOTHER USED TO MAKE
1 .01,1, h,r ,1,r. "n,,,•h,n•" nnr w'r,pr'r, this is far 5,(7ur pro-
tecru;u .,, ch.i .r,., '# 11 L•cr Patna+ Bread. The
wrapper may he imitated hut rho Lrrx,{ ,•a„nr,t,
-- Fur sale by sill grocers. —
FRIEDL & SON BAKERY
'The .SImp "
Figure 22: This 1911 opening advertisement for Fried) & Son Bakery includes the sanitation focused tagline:
"The Clean Shop." (The Waterloo Evening Courier, November 10, 1911: 3)
Baking is a chemistry in action, with the science of baking affected by changing composition of the ingredients
as well as outside weather conditions. A general recipe used in mechanized baking: milk (including
condensed or powdered — added for flavor, yeast bloom, and freshness), wheat flour (various types, with
various gluten content and flavors), shortening (fats and oils, liquid, semi -solid or dry — used to improve
44 NAMB 1914: 2.
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
texture), sugar (used to feed the yeast), malt extracts (used to shorten fermentation time), yeast (added to
raise the dough, "the soul of the dough"), water (used to activate the yeast), salt (added to regulate
fermentation of flour and yeast, activate gluten binding, and add flavor).45 The Friedls also incorporated
specialty ingredients such as potatoes for its signature Anchor brand potato bread. In order to bake thousands
of loaves a day, large ingredient storage spaces were required. As noted in Bread Facts, the mechanized
bread production process required multiple steps and specific rooms and machines to produce the finished
product, a process that became standard beginning in the 1910s.
The following compares the typical baking process with known information about manufacturing in the Fried)
Bakery Building: Production in multi -story plants moved vertically through the use of freight elevators such as
the one in the Fried) factory. Flour storage typically occurred in the basement or top floor, where the flour
could "age" at a controlled temperature to reach the ideal stage for baking; benefits of basement flour storage:
cool temperatures and ability to support heavy weight without additional reinforcement.46 The Fried) Bakery
adapted basement flour storage; by the 1918 Sanborn map, Peerless —Continental Baking Co. had flour
storage noted on the second floor. Flours were mixed, sifted, and weighed to achieve uniformity, as were
other ingredients; in 1911, flour was moved from the basement to the second -floor mixing room perhaps via
freight elevator or pipes. Once prepared, the yeast -flour -water -sugar mixture rose in dough troughs, then was
divided by the dough divider into individual loaf portions and kneaded by machine. From the mixing room, the
Fried! dough moved to the first floor for proofing in an enclosed temperature -controlled proofing cabinet,
panning into metal pans, perhaps additional proofing, and then baking. Specifics about the Fried) oven are not
known, but photographs and Sanborn maps show the large oven (or ovens) located in the center of the tiled
bake shop; in the basement below, this area is reinforced with brick piers. After baking, the bread was de -
panned, cooled on racks, and wrapped in the rear wrapping room.
Mechanized bakery operations as part of the sanitary baking movement directly impacted the design of
bakery plants. Bakers such as Wenzel Fried) opted for architecture that advertised their sanitary production
and resulting products. Review of bakery trade journals, scholarly works, historic photos, and Sanborn Maps,
identifies sanitary bakery architectural trends including:
• Extra tall ceilings to accommodate equipment, promote sanitary air circulation, and lend grandeur.
• Freight elevators for hands -free transporting of materials vertically during production.
• Larger floor plates filled with large, specialized equipment such as mixers, proofing machines, and ovens,
laid out for efficiency.
• Specialty rooms including oven (baking) room, mixing room, ingredient (flour) storage, and other bakery
product production rooms.
• Office and sales space.
• Washrooms and sinks.
• Wrapping rooms for individually protecting the loaves.
• Shipping rooms with loading docks; vehicles stored separately.47
The Fried) Bakery Building was constructed employing leading edge sanitary practices and procedures. The
building continues to express the property type with its tall ceilings, wide open production areas partially
preserved within tenant spaces and apartments, freight elevator, specialty rooms with finishes and features
reflecting their use, finished office and salesroom, and shipping room with vehicular loading bays. The Fried)
vehicular storage (horse-drawn carriages) was accomplished via the moved and repurposed former
stagecoach inn stable, which was removed by the Fried) family post-POS in the 1950s; although the stable
has been removed, the fact that it was a repurposed addition makes its removal less of an impact. The Fried)
Bakery Building also demonstrates the evolution of the baking industry at the time, with the bakery's use by
45 Bread Facts: 57-77.
46 Nugent and Rieke: 8.16.
47 Nugent and Rieke: 8.17-8.18.
Section 8 page 25
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
1917 by Peerless —Campbell and then replacement in 1927 with the Campbell —Continental one-story bakery
across the street, built to accommodate delivery trucks.
Figure 23: This undated image (circa 1911) shows the first -floor Fried) bake shop looking west from the north
freight elevator, with Wenzel Fried) third from left and ten other employees. Note white glazed brick walls, tall
window and door openings, and plastered beam tying into engaged pilaster, which remain intact. (Photograph
courtesy of Mary Fried))
Table: Historic Functions within the Fried) Bakery Building by Floor, 1911-1927
Basement
First Floor
Second Floor
Third Floor
• Flour/supply storage
• Factory bakery
• Front office(s) or
• Central corridor
• Doughnut frying
store/salesroom
other administration
• Central staircase lit
room
• Front office
• Bathing/changing
by skylight
• Boiler
• Bake shop
room
• Apartments
• Coal storage
• Wrapping and
• Mixing room
(estimated eight)
• Artesian well
shipping
• Flour storage (by
• "Loading floor"
• Toilet/sink?
1918 Sanborn map)
• Freight elevator
• Central staircase
• Central staircase
• Freight elevator
• Freight elevator
Early-20th-Century Baking Industry Consolidation and the Rise of the "Bread Trust" and
Impact on Fried! & Son Bakery
As noted above, bread as a labor-intensive perishable product required daily or near daily replacement on
grocery shelves and family tables. Local bakeries competed against homemakers, and these bakeries had
their delivery limited to horse-drawn carriage routes. Consolidation began to occur as urban bread -purchasing
populations rose, the bread -baking process became mechanized, and transportation of finished perishable
products became easier with rail and automobiles. In the early 1900s, the majority of bread was baked at
home; just three decades later, the majority of bread was commercial produced. This rapid change reflects
changes in urban family life, successful "sanitary" advertising campaigns on the part of commercial bakeries,
Section 8 page 26
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
transportation improvements, and factory automation and increased efficiencies.48 As of the 1911 opening of
the Fried) baking plant, the Fried! business employed some twenty people, including several Fried! family
members. The 1912 city directory lists Wenzel Fried) as the baker -proprietor, with Andrew Fried) (nephew of
Wenzel) as a bakery driver, Eva Fried) (daughter) as a bakery clerk, George W. (brother) as an unspecified
bakery employee, Margaret (daughter) as bakery bookkeeper, and Philip A. (son) as the "Son" and baker of
W. Fried) & Son. Philip Fried!, his wife Maude, and young children lived at 302 Commercial Street through the
1917 sale of the bakery business.49 In a 1916 newspaper story about growth of Waterloo industrial plants, the
Fried) & Son Bakery was listed as employing twenty-two workers.5°
The U.S. entrance into World War I appears to have factored into the Friedls' decision to sell the bakery
business to Peerless Baking Co. The elder Friedl retained ownership of the building until early 1928, when he
sold the building to his children. Friedl was a naturalized citizen who had immigrated from Bohemia in 1881.
Friedl descendant Mary Friedl recalls a family story that anti -German sentiment propelled her great-
grandfather to sell the business and her grandfather Philip to move to Waverly to continue his baking career —
despite the Friedl family self -identifying itself as Bohemian and not German.51 The military draft also may have
removed key employees from the business, at the same time that the bakery conglomerates including
Campbell and Continental were gobbling up ever larger shares of the bread baking business in the Iowa, the
Midwest, and the entire country.
Local newspaper coverage about the sale stated that Peerless would make additional improvements to the
building.52 This could have included adding flour storage on the second floor and adding extra equipment. A
1919 ad stated the bread was available in a 150-mile radius from Waterloo, perhaps indicating use of motor
truck delivery combined with rail. The regular advertising emphasized machine -made bread, cleanliness and
purity, and invitations to tour the plant. Indeed, local newspaper coverage included women's groups eating
lunch and touring the bakery. The Peerless Baking Co. was affiliated with the Campbell Baking Co. business
The Peerless name was replaced by the Campbell bakery name in 1921.
48 Nugent and Rieke: 8.18.
49 1915 Iowa Census, 1917 US WWI Draft Card, Ancestry.com; Iowa State Gazetteer. 987, 1930 census, city directoreis. Philip A.
Fried) (1889-1970) registered for the war draft in June 1917 while working as a baker at Fried) & Son Bakery, and claimed an
exception due to dependents (Maude and two children). By the 1918 Iowa State Gazetteer, Philip was living in the nearby small town
of Waverly, the Germanic county seat of Bremer County, where he and younger brother Louis ran the Waverly Baking Co. By 1928,
Philip Friedl had moved back to Waterloo to operate Friedl's Coffee Shop in his father's original bakery building, 609 Commercial
Street; as of 1928 through the early 1930s, he and Maude and their children lived in an apartment at the former Fried) Bakery Building,
302 Commercial Street.
5o Waterloo Courier, "Waterloo Factories Busy on Implements of Peace," December 30, 1916: 25.
51 Fried).
52 Waterloo Courier, December 31, 1917: 9.
Section 8 page 27
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
n'ATPRLrtn ETV:NINO COMB'
Peerless Bakery Is a Big Asset to City:
Employs 29 People and Pays $3.000 Monthly
wrh contrnne let for !morose
prrLett wdlono...esesl•sel-
mere of 1e1.060. the Pw$es Dahl°.
ettelealtr. 30tOtamer[41
nuctetwore 10.Itnnt.
a the }'rend) 141s.n. tom-
b•W. nma dntm.0 to h.. sae
of Ile resdleg baknln vl bex At
pneeel the mompnr Is east. I.
thae newt auapwfnt le iniLLn:a ,oho
0e output of the Wt. nepanment
Ism... the arm erdteetees le boo• IY
out Led
• 1 the et'
The pe•°those. ear Ile eompeaT
ere E. 11. afdmk, president, end W. P.
n[hnL exntar5.ad Ireuuror dr.
Lot ea. to Wanraro from Charm
t lift He had hod Y of eep•rt-
ellre ln Ilse hafarthoela m., Ne.
bahre.•ee Idnnded eta the lorto
2elephoae eselpeay x lama] mune.
for earn, )mans
..0•mo.0, In eddltlee to Ile...ln
Ilo MOM s[ fhn p1.1. Imo.. IA
11 ll t o :1pmnol rove [a tw
l el nee 4 en ni.'.m..r.pv.r..lae
t01 pnWre [ur eblontent 1,10
Iwna of homed n hoar.
dirtier and';h.fne moulderar a
ee terpronuran to be Installed .pee
Pearly In a.retu the w•sa7 .`0
or
a prod open. al nlipp rtN
Ile yethht rote) bo furl. to alter
ant tomes. ton, detail of eh•h.el.
bee... ...peels. II h
hIW lu IhteHt.mlm the beeloo de
gvimml to ardor that Ihor me ew
the u m lauta ohlek 1. elm. aim
W. P. Bl:tla111 rienitwx mud ,..o'
nl
I.ollrallY m11 el the eaulpeom m.ol Tle paar oo• emplMr 11
nay to udes tie one Ilse a petal) of 11.000
maphlmery that will rot•
nbartl afore abrhlY.
Figure 24: 1917 newspaper coverage of the sale of Fried) Bakery business to Peerless Baking Co. (Waterloo
Evening Courier, December 31, 1917: 9)
PEERLESS
Is Mixed by
Big Machines
.1Iisiuq .rl .b.nEll 1: u.n d,nw In Ilana lu lilt' Pecticss Ihtk-
Not at KID It is done by a trlanetous maeh51 —a Ilia,
high-speed mixer —in the hest way and ,leanest way. Minton
hands do Bob tnilell 1411 dough or the nmterlul, Reims inU, il,
Imeerkult in really ttiid Iindeuinhly ,Iran bread.
U fiUCEB'i NE3.1,
You are invited to visit our bakery and eea for yourself
how Peerless Bread is made.
Peerless Baking Co.
1V:1T6111.UI I
OPEN HOUSE
December 5-10, Inclusive
The Campbell baking Co.
Invitee
you to visit their balling plant
at 302 Commercial
and see for yourself how MERIT BREAD is made;
to witness the wer0lnAs of the wonderful modern
machinery and to ace the whiteness and cleanliness
which distinguishes the bakery.
The plant will be open all day and evenings
until 10 o'clock.
Favors for ludic, and for children
accompanied by parent.,
Figures 25-26: Peerless/Campbell advertised regularly in the Waterloo Courier. These typical local ads
emphasize machine -made clean bread and invitations to tour the plant. (January 8, 1920: 2; December 2,
1921: 10)
Section 8 page 28
Page 311 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk, Iowa
County and State
MEIN CHARGE FILED
ACCUSING BAKERS
rteply by Continental Company
Reveals Action in October by
Federal Trade Board.
ANSWER DENIES MONOPOLY
Action Followed Acquisition of
More Companies by the
Continental.
' WASHINGTON. San_ 4 (rat.+The Is-
suance by the Federal Trade Commis -
pion of a new complaint charging the
Continental Baling Corporation with -
violation of the Clayton act was made
known today with the filing of a de-
nial by the concern'e attorneys that
Its activities had tended toward or re-
butted 1n the creation of a monopoly.
Sit the batningo industry.
The Ward nd General Baking Cor-
coratlono, mentioned uninental i in
huge baking
witil the Continental m a
bugs baking merger, were net involved
existence
Of such a project has ben is denied.
The new complaint against the Con-
tinental was filed Dec. 19, but was
not made public by the commission
under Its rule giving respondents an
opportunity to reply before disclosing
proceedings .against them. -It was a
revlslolt of One Issued in October, cov-
ering subsequent transactions by
which more baking companies than
named at that time were acquired by
the corporation, and cited It to ap-
pear on Feb. B for a hearing'before
the commission.
The corporation's acquisitions, the
complaint alleged, acted to lessen com-
petibaltery� products train commerce
monopoly crate
T
corporation's answer maintained that
It "has no monopolyin any product
in y
which it deals. any one
obtain such a monopoly in any Com-
munity in the United States."
The materials the business uses, the
answer argued, are available in ade-
quate quantities at reasonable prices
to thousands of going business con-
cerns
aod to millions of homes. In
which various persons are capable of
producing, its products —mainly bread
and cakes —in case of necessity.
Denying the charge that the hake,
les operating in the majority of States
were competing with one another be-
fore they were acquired, the corpora-
tion asserted that the products of
bakery could not successfully be sold
and distributed beyond limited areas
quickly accessible to the production
point.
High transportation costs also were
cited in support of the argument that
it was possible "SOT one company t0
acquire largo number of plants pro-
ducing such products so that each
plant will serve a different community
and in no wise occupy a field of dis-
tribution which has been or could be
I occupied by any of the others."
51001000 BA1EBY
EOB CAMPBEIE CO,
S f REECAB- MERE
New York Eniirrsr, Here for
I Survey. WiII Ropsrl on
Various Sites.
nelleirol or h mere1n1 Wileyhi tits aittnotatll Maltte r meant.
rnet^t1111' 11 to ,elnred. woe
h1l xa1y1 Iml y by W. A, Patron,
thr entleveulne. d111ar11nt^I M
Roods. Nerd. rmpnnlbn. 14ow
.• rnrl.
11nn44w ldWde
newel, prolnrIshI
t'fir ha. nr 1he M1v11elnf n
wupird In' Ih. I,LInpMll slel*l1y.
'n n...ca 1. and Thad ru stm).
I .Ip rIns e1ro l a ,r,I2 �r lhl. yNII.
1rtlh Iht Ilunllnprel'nOlh of ly.
hl0lnne. In 1V'.ImI•len 11 s we. Jrtrr-
1 lnxd 611 air nlnpnpl, where bra
111 hosersi rlwr In srerinr 1'IIY,
n11 111are1as ^ 1nra+ 'mender M
h.krrinr, tt1111 hie' .^e lsrser ant hnpe1llI1y patanon
dined.
1lslyd.
"Alin a tow hn.11'1 Ia 11'nf.rtnn.
r 1 mottles
r ri nlrel that hba
nlld 4 Jltpr amnia w111 h.
nrrl-114 Jr.r. till!. x:I,Y; 7Mu1.I,O
r1s«d.
of 1n.rll1Ilrr'HIP
,^r1, 1,1xllrn 115010n9
11e111^1s .'. Ksnp,a qlv, Itnnyaneo.
I of nnt1111. Id the obi -sped
Figures 27-28: Left: A federal government investigation and action on the Ward/Continental "bread trust"
generated New York Times headlines in the 1920s. (The New York Times, January 5, 1926) Right: Plans for
building a new Campbell Baking factory made the Waterloo newspaper's front page in 1927. (Waterloo
Courier, April 4, 1927: 1)
The Campbell Baking Co. began as a small family -owned Kansas business that quickly grew by establishing
plants in new markets. By 1922 it had grown into a successful Midwestern regional conglomerate based in
Kansas City, Missouri, with some nine plants in seven states . In the 1910s, the Campbell Baking Co.
built a new plant in Des Moines and established a plant in Sioux City; in addition, the Campbell company
under the Peerless name purchased the Fried) Bakery in 1917. Rapid bakery industry consolidation occurred
in the early 1920s: Campbell parlayed long-standing business relationships with the powerful East Coast
Ward baking family to merge in 1922 with two successful New York -based Ward baking companies to form
United Bakeries Corporation, but still operated under the Campbell name. In 1924, Campbell/United Bakeries
merged again, with Ward -affiliated Continental Baking Corporation. The consolidations in the bakery industry
led to U.S. government investigations, particularly of the Ward entities, as monopolistic trusts. The New York
Times reported on various bread trust-busting investigations during the 1920s, however, no articles have
been located in the Waterloo newspaper connecting the local Peerless/Campbell plant with the trust
investigations.53 In 1927, the Waterloo Campbell bakery plant announced plans to build a new $200,000
bread factory plant across the street from the Fried! Bakery Building.54 Removal of the Campbell bakery to its
new facility ended the bakery use of the Fried) Bakery Building.
Post -period of significance era
The period of significance ends with the removal of the Campbell bakery in 1927, which also is the last year
that Wenzel Fried) owned the building. In early 1928, Fried) sold the bakery to the second -generation bakers.
The new Fried) owners then announced plans to remodel the former bakery into general commercial and
apartments, which was undertaken circa 1928 to 1929. This post-PoS remodeling was additive, encasing the
53 The New York Times, "New Charges Files...," January 5, 1926; "Two Billion Trust in Baking Busted," April 4, 1926. Campbell Baking
Co. advertisements published in Waterloo, Iowa, newspapers used a shield logo that says "United Bakeries Corporation."
54 Waterloo Courier, 1200,000 Bakery for Campbell Co. Is Forecast Here," April 4, 1927: 1. The Waterloo Courier followed the new
plant construction closely, with many updates on the price, construction schedule, and related news.
Section 8 page 29
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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
original bakery finishes and many features beneath cover-up ceilings, wall coverings, and flooring.
Subsequent remodeling also was additive. This scenario allowed the current owners to undertake a historic
tax credit rehabilitation to reverse many changes and showcase original spaces, finishes, and features.
Wenzel Fried! Building Will Be Remodeled Into Apartments
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Figure 29: After the period of significance, the second -generation of the Fried) family adapted the former
bakery building to general commercial space and additional apartments. Many bakery finishes and features
were retained beneath cover-up materials. (Waterloo Evening Courier, March 17, 1928: 15)
Conclusion
The Fried) Bakery Building is representative of a successful early -twentieth-century commercial and industrial
baking expansion that incorporated emerging sanitary standards. The building's integrity has improved since it
was included with a 2014 MPD and remains eligible for the National Register of Historic Places as
documented. As a 1911 bakery building, its exterior architecture, interior layout, configuration, finishes, and
features reflect early adaptation of the sanitary bakery movement and mechanized baking. The building
retains character -defining features including stone -adorned exterior, plentiful windows, tall ceilings, some of
the open floor plates for baking processes, freight elevator shaft to convey ingredients and products,
basement storage rooms, specially finished spaces including front retail/office white glazed brick bake shop,
exposed wrapping/delivery, finished mixing room, flour storage, and front rooms, plus third -floor apartments
including one used by the original baking family.
Background: Fried) Bakery Building grand opening newspaper story, 1911
Fried! Bakery Modern Plant
`Cleanliness Next to Godliness' Rules
Only Three other Establishments in Country Similarly Equipped
Bread, wholesome and nutritious, made without hands is practically accomplished in the new bakery
plant of W. Fried) & Son in the three-story building at the corner of Commercial and Second Streets. From the
time the flour is placed in the blender in the basement, reaches the second floor by means of an elevator and
passes through the dividing and weighting machines and into the carrier which delivers to a moulder on the first
floor, from where it goes into pans, later to the steam room, then to the ovens, and shows later ready for delivery,
the finished product has been scarcely touched by the workmen. The dough is handled from the mixers and as it
is taken from the dough troughs it is placed in the divider and weigher. Two men on the second floor can handle
1,900 loaves an hour. Only three similar plants are in operation in the country, although recently contracts have
been made for the placing of five additional sets of this most modern bread making machinery.
The Fried) bakery may be rightly considered one of the sights of Waterloo. Visitors are always made
welcome and every courtesy is extended that callers may grasp the full significance of the care that is taken to
produce clean, sanitary bread and pastry products. The capacity for the bakery is limited only by the size of the
two ovens, which will contain 800 loaves each.
Section 8 page 30
Page 313 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk, Iowa
Name of Property County and State
Bakery a Mammoth One
In the old bakery, located in the rear of the present retail shop in the 600 block of Commercial Street, it
was difficult for the firm to take care of the Waterloo trade. Now with an almost unlimited capacity, the shipping
trade has been greatly increased and a larger proportion of the local trade is taken care of. The specialty of the
firm is the Fried) "wrapped" bread, which is a potato bread and regarded as the acme of wholesomeness and
nutrition. Philip A. Fried), junior member of the firm, is the general superintendent of the employees, who number
about 25, including drivers.
In the basement are located the flour storage rooms, the loading floor on which the wagons are driven
from the street, the furnace rooms, and in one separate room all the doughnuts are fried. The latter room is as
near as fireproof as it is possible to make it and the danger of fire is reduced to a minimum all about the building.
Scrupulous Cleanliness
The first -floor room, in which the baking is done, is lined with glazed white brick, steel ceiling, and has a
cement floor. "Cleanliness is next to godliness," and the teachings of this proverb are strictly adhered to. On the
second floor where are located the mixers, dough troughs, weighing and dividing machines, is equipped similarly
to the first floor with reference to protection against dirt and any foreign substances which might otherwise come
in contact with the dough. The machine which slaps the bread into shape for the moulding machine and carries it
to the lower floor is known as the "missing link" among bakerymen, as it is said to be the only machine of its kind
which will do the important work required. Endless belts carry three loaves at a time to the "slapping" machine.
The loaves are then deposited in a carrier, and a cloth is thrown automatically over the portions and they are not
again uncovered until they reach the machine which further shapes them for depositing in the baking pans.
As another precaution to insure cleanliness, then men are provided with shower and plunge baths and
toilet rooms on the second floor.
Pastry Machines, Etc.
On the first floor are located the pastry machines. There is a large cake mixer, an eggbeater, and a
cookie machine, the latter rolling and cutting the dough.
The plant is also equipped with its own deep well and all water used comes from bedrock and is as pure
as any that might be secured. Nothing but the best of material is used and the firm is deserving of the larger
patronage which is coming daily through advertising in the columns of the Evening Courier, Waterloo's
thoroughly representative newspaper.
W. Fried), the senior member of the firm, is an old resident of Waterloo, progressive in his business
methods and father and son have given the people of the city an up-to-date bakery plant which is and should be
appreciated.55
Background — Chain of ownership
Lot 5, Block 5, Original Plat West Waterloo - Property Ownership and Uses
Date
Owner
Notes/use
1853
Charles Mullan et al. to
Julius C. Hubbarb
Unknown if developed
1854
Julius C. Hubbarb to John
Sweitzer
Cedar Valley House stagecoach stop inn built in 1856 on Lot 4; stable for
horses built on Lot 5 (The Courier, "Mystery Over Origin of Fire," November
11, 1913: 8)
1863
John Sweitzer to John
Messick
Same as above
1865
John Messick et al. to
Augusta Louk
Same as above
ss The Courier, "Friedl Bakery Modern Plant," November 10, 1911: 3. (Note: The story describes the baking floor as cement, however
a 1911 photo appears to show wood flooring; the story also describes a "steel" ceiling in the bake shop, where a plastered ceiling is
visible now; it's possible that the plaster ceiling dates to the Peerless —Continental Baking Co. era.)
Section 8 page 31
Page 314 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Friedl Bakery Building
Name of Property
Black Hawk, Iowa
County and State
1867
August M. Louk et al. to Orin
Ackerman; then Ackerman to
Louk (foreclosure)
Same as above
1871
Sheriff to John Messick
Same as above
1878
John Messick et al. to Edwin
Messick
Lot 5 had stable for inn as of the 1897 and 1910 Sanborn insurance maps
October 17,
1910
Edwin Messick et al. to
Wenzel Friedl
In 1910, Friedl moved the stable from Lot 5 to Lot 4, for use as his bakery
delivery wagon horse stable; then he built on Lot 5 the Friedl Bakery
Building, opened 1911. Friedl & Son Bakery occupied basement, 1st and 2nd
floors; apartment units occupied top 3rd floor. Son/co-owner Philip Friedl
lived in one of the apartment units to manage bakery/building.
Fall 1917-
Spring
1927
Wenzel Friedl
Unrecorded lease with Wenzel Friedl for use of basement, 1st, and 2nd floors
by the Peerless Baking Co. and successors including Campbell Baking Co.
/ United Bakeries Corp. In 1919 the City of Waterloo forced Wenzel Friedl to
remove the former inn (then used as tenements) due to noncompliance with
city codes. Billboards were installed fronting Commercial Street.
January 10,
1928
Wenzel and Catherine Friedl
to (children) Philip Friedl,
Louis Friedl, Eva Winninger,
and Margaret Delorbe.
Bakery building sold to couple's four adult children; second -generation
owners announce plans 1928 to convert 2nd floor into 12 small 2-room
apartments; permit for new roof 1928, permit for $12,000 remodel 1929.
Tenants: 1st floor Weighly's Transfer Co. warehouse (1929-?), then
succession of flooring/ decorating stores (1938-1966). In 1954, the old
stable was removed from Lot 4 to create the parking lot. Building permits:
Repair brickwork, 1955; small interior remodeling, 1956. (Courier building
permits) Paving added 1958 (Black Hawk Assessor)
1959
Philip Friedl et al. to Friedl
Realty Company
1st floor tenants: Hobby Shop, Bill Allen flooring store
1966
Friedl Realty Company to
Kay and Mildred Gaertnier
The Gaertniers were former commercial tenants who in 1969 purchased the
building and undertook a Colonial Revival -style remodeling of the 1st story
exterior and interior: added three bay windows on the south, replaced
storefront windows and exterior doors, painted some brick. (Black Hawk
County Assessor; The Courier, Sunday magazine, April 25, 1971: 9) Upper
floors were subdivided into a total of 26 apartments.
1981-1984
Kay and Mildred Gaertnier to
Merle and Eileen Lahey
Contract sale for $480,000 ended in 1984 foreclosure
1985
Sheriff to Kay and Mildred
Gaertnier
1990 apartment fire caused smoke and water damage; building had at least
one upper -level wood double -hung window pictured in fire -fighting photo
(Courier, November 7, 1990: 9)
1st floor tenants included Weber Photography, Thortons Antiques & Arts,
Mrs. Beasley antiques shop/restaurant, Random Gift House.
1992
Kay and Mildred Gaertnier to
General Equity, Inc.
Contract sale for $265,000; deed returned in lieu of foreclosure.
1st floor tenants include Mrs. Beasley antiques shop/restaurant, Random
Gift House.
1993-1997
K. Martin and Marcia
Gaertnier to John and Judy
Woods
Contract sale for $177,000; notice of forfeiture.
1998
K. Martin and Marcia
Gaertnier to Marty and
Patricia Dickey
Contract sale $190,000 completed 2003;
1st floor tenants include barber shop, tailor, and bar.
2003
Marty and Patricia Dickey to
David Jr. and Kendra Larson
Contract sale $270,000, completed 2006
2013
Larson Apartments, LLC to
KSM Rentals, LLC (later
added KSM Apartments,
LLC)
Section 8 page 32
Page 315 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk, Iowa
County and State
2013
KSM entities to Commercial
2014 city required property to meet fire and rental housing codes. Building
Street Co-op, Inc.
vacated; removal of some cover-up materials started; one apartment
remodeled. (Assessor)
2018
Commercial Street Co-op,
Inc. to Cedar Valley Real
New owners undertake historic tax credit rehabilitation to unveil bakery
exterior and interior design and plan, reversing post-PoS changes and
Estate, LLC
preserving historic fabric.
Sources: Pencil notes: "Chain of title pre -abstract"; Abstract of Title for Lots Nos. 4 and 5, Block 5, In Original Plat West
Waterloo; Black Hawk County Assessor property report; The Courier newspaper archival search.
Section 8 page 33
Page 316 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk , Iowa
Name of Property County and State
9. Major Bibliographical References
Bibliography (Cite the books, articles, and other sources used in preparing this form.)
Abell, John C. "July 1, 1910: Give Us This Day Our Automated Bread."
http://www.wired.com/2010/06/0701automated-bread-factory/.
Bakers Review trade publication, various issues 1910s — 1920s.
Bread Facts, Second Edition. New York: Ward Baking Company, Research Products Department: 1920.
City directories for Waterloo, Iowa. Available at Waterloo Public Library.
The Courier and predecessor and successor newspaper titles such as Waterloo Daily Courier, as cited in text.
Fried!, Mary. Informant interview about the Fried) Bakery business and building with great-granddaughter of the
bakery founder. She graciously shared the family's only known photograph of the bakery, an interior image of
the Bake Shop. 2018.
Full, Jan Olive. National Register of Historic Places nomination: "Campbell Baking Company," (aka Campbell —
Continental Baking Company), 325 Commercial Street, Waterloo, Iowa. NRHP listed 2016. [available online
from Iowa SHPO]
History of Black Hawk County, Iowa, Chicago: Western Historical Company, 1878.
History of Black Hawk County and Its People, Volume 2. Chicago: S.J. Clarke Company, 1915.
Iowa State Census Collection, 1836-1925. Provo, Utah: Ancestry.com Operations, Inc., 2007. [database on-
line]
Iowa State Gazetteer and Business Directory, 1918-1919. Volume XIX. Des Moines, Iowa: R.L. Polk &
Company, 1918.
Kramer, Howard D. "History of the public health movement in the United States, 1850 to 1900." PhD (Doctor of
Philosophy) thesis, State University of Iowa, 1942. [available online https://ir.uiowa.edu/etd/5070]
Kutler, Stanley I., ed. Dictionary of American History, 3rd Edition, "Pure Food and Drug Movement." New York:
Charles Scribner's Sons, 2003. [ebook available online www.encyclopedia.com]
Macrosty, H. W. The Economic Journal, "Review: Combination in the American Bread Industry, by Carl L.
Alsberg," Vol. 37, No. 145 (March 1927): 105-107.
National Association of Master Bakers. Report of Fourteenth Convention, Kansas City, Missouri, August 1911.
Philadelphia: self -published: 1911. (NAMB 1911)
National Association of Master Bakers. Report of Seventeenth Convention, Richmond, Virginia, October 1914.
Chicago: self -published: 1914. (NAMB 1914)
The New York Times, various bread trust busting coverage.
Section 8 page 34
Page 317 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk , Iowa
Name of Property County and State
Nugent, Rachel, and Lauren Rieke. National Register of Historic Places nomination: "Campbell —Continental
Baking Company Building," 1108 E. 30th Street, Kansas City, Missouri. NRHP listed 2016. [available online
from Missouri SHPO]
United States Federal Census. Provo, Utah: Ancestry.com Operations, Inc., 2010. Images reproduced by
FamilySearch. [database on-line]
United States World War I Draft Registration Cards, 1917-1918. Provo, Utah: Ancestry.com Operations Inc,
2005. [database on-line]
Previous documentation on file (NPS):
x preliminary determination of individual listing (36 CFR 67) has been requested
previously listed in the National Register
previously determined eligible by the National Register
designated a National Historic Landmark
recorded by Historic American Buildings Survey #
recorded by Historic American Engineering Record #
recorded by Historic American Landscape Survey #
Primary location of additional data:
x State Historic Preservation Office
Other State Agency
Federal Agency
Local Government
University
x Other
Name of repository: Waterloo Public Library
Historic Resources Survey Number (if assigned):
Section 8 page 35
Page 318 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk , Iowa
Name of Property County and State
10. Geographical Data
Acreage of Property Less than one
(Do riot include previously listed resource acreage; enter "Less than one" if the acreage is .99 or less)
Latitude/Longitude Coordinates
Datum if other than WGS84:
(enter coordinates to 6 decimal places)
1 42°29'49.55"N 92°20'34.56"W
3 42°29'48.10"N 92°20'35.23"W
Latitude Longitude Latitude Longitude
2 42°29'49.16"N 92°20'33.98"W
4 42°29'48.51"N 92°20'35.79"W
Latitude Longitude Latitude Longitude
Verbal Boundary Description (Describe the boundaries of the property.)
The boundary of the nomination property Fried) Bakery Building is Lot 5, Block 5 in the plat.
Boundary Justification (Explain why the boundaries were selected.)
This boundary for the nominated property has been the physical location of the Fried) Bakery Building bakery building
since its construction in 1911.
11. Form Prepared By
name/title Jennifer Irsfeld James, MAHP date June 2022
organization Jennifer James Communications telephone 515-250-7196
street & number 4209 Kingman Blvd. email Jenjames123@gmail.com
city or town Des Moines
state IA zip code 50311
Section 8 page 36
Page 319 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk , Iowa
County and State
Additional Documentation
Submit the following items with the completed form:
• Local Location Map
0
5234077.48, 3646449.04 i]
Local Location map shows the Fried) Bakery Building, arrow points to Lot 4, also known as 302
Commercial Street, Waterloo, Iowa. (Black Hawk County Assessor, 2022)
Section 8 page 37
Page 320 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk , Iowa
County and State
• GIS Location Map (Google Earth)
GIS Location map shows the Fried) Bakery Building, 302 Commercial Street, Waterloo, Iowa,
with a dotted line indicating the lot lines, which are also the National Register boundary. (Google
Earth, 2022):
1) 42°29'49.55"N, 92°20'34.56"W. 2) 42°29'49.16"N, 92°20'33.98"W.
3) 42°29'48.10"N, 92°20'35.23"W. 4) 42°29'48.51"N, 92°20'35.79"W.
Section 8 page 38
Page 321 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk , Iowa
Name of Property County and State
Photographs:
Submit clear and descriptive photographs under separate cover. The size of each image must be 3000x2000 pixels, at 300 ppi (pixels per inch) or larger.
Key all photographs to the sketch map. Each photograph must be numbered and that number must correspond to the photograph number on the photo
log. For simplicity, the name of the photographer, photo date, etc. may be listed once on the photograph log and does not need to be labeled on every
photograph.
Photo Log
Name of Property: Fried! Bakery Building
City or Vicinity: Waterloo
County: Black Hawk State: Iowa
Photographer: Jennifer James Communications
Date Photographed: 2021 and 2022
• Site Plan and Exterior Photo Location Map
(Key all photographs to this map and insert immediately after the photo log and before the list of figures).
5233370.26, 3646179.77 I
Section 8 page 39
Page 322 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Black Hawk , Iowa
Name of Property County and State
Site Plan and Photo Location Map showing the Fried) Bakery Building, Lot 5, also known as 302
Commercial Street, Waterloo, Iowa. (Black Hawk County Assessor, 2022)
• Basement Plan and Photo Location Map
701.,7
1
•
1•
•
J
1
1
USEMENT FLOOR PM
Basement Plan and Photo Location Map (Levi Architecture, 2021)
A2. V
Este,
July 27.'CV
Section 8 page 40
Page 323 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Black Hawk , Iowa
Name of Property County and State
• First Floor Plan and Photo Location Map
9
TENANT B
0❑
TENANT D
m
•
ar
10
l
MIN MDR PLAN
First Floor Plan and Photo Location Map (Levi Architecture, 2021)
GORPOUNN
Section 8 page 41
Page 324 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk , Iowa
County and State
• Second Floor Plan and Photo Location Map
=r
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ROOM
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UNIT206
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UNIT 202
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Second Floor Plan and Photo Location Map (Levi Architecture, 2021)
IALINDRY
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July27.2021
Section 8 page 42
Page 325 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building
Name of Property
Black Hawk , Iowa
County and State
• Third Floor Plan and Photo Location Map
TAB IHU LAN
Third Floor Plan and Photo Location Map (Levi Architecture, 2021)
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A2.3
July 27. 2021
Section 8 page 43
Page 326 of 577
United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form
NPS Form 10-900
OMB No. 1024-0018
Fried) Bakery Building Black Hawk , Iowa
Name of Property County and State
Description of Photograph(s) and number, include description of view indicating direction of camera:
Photo 1 of 14: IA_Black Hawk County_Friedl Bakery_0001, facade looking west from Commercial Street.
Photo 2 of 14: IA_Black Hawk County_Friedl Bakery 0002, looking southwest from Commercial and West
Second streets.
Photo 3 of 14: IA_Black Hawk County_Friedl Bakery_0003, looking northeast from Commercial Street.
Photo 4 of 14: IA_Black Hawk County_Friedl Bakery_0004, looking southeast from West Second Street.
Photo 5 of 14: IA_Black Hawk County_Friedl Bakery_0005, typical basement view of concrete foundation,
looking east.
Photo 6 of 14: IA_Black Hawk County_Friedl Bakery_0006, typical first -floor finished front rooms.
Photo 7 of 14: IA_Black Hawk County_Friedl Bakery_0007, typical white glazed brick bake shop interior,
looking northwest.
Photo 8 of 14: IA_Black Hawk County_Friedl Bakery_0008, typical white glazed brick bake shop interior,
looking southwest.
Photo 9 of 14: IA_Black Hawk County_Friedl Bakery_0009, looking south in former wrapping room.
Photo 10 of 14: IA_Black Hawk County_Friedl Bakery_0010, looking southeast within apartment staircase.
Photo 11 of 14: IA_Black Hawk County_Friedl Bakery_0011, second -floor corridor looking west.
Photo 12 of 14: IA_Black Hawk County_Friedl Bakery_0012, second -floor metal beam within flour storage
areal
Photo 13 of 14: IA_Black Hawk County_Friedl Bakery_0013, third -floor corridor looking west.
Photo 14 of 14: IA_Black Hawk County_Friedl Bakery_0013, third -floor typical apartment interior looking
southeast.
Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate
properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a
benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 et seq.).
Estimated Burden Statement: Public reporting burden for this form is estimated to average 100 hours per response including time for reviewing
instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of
this form to the Office of Planning and Performance Management. U.S. Dept. of the Interior, 1849 C. Street, NW, Washington, DC.
Section 8 page 44
Page 327 of 577
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CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as January 17, 2023, to approve a Site Plan Amendment request by
Downing Construction, on behalf of Smith Family Dentistry, to construct a new 7,407 square foot dentist
office in the "R-4, R-P" Planned Residence District, located east of 4020 Bankers Boulevard, and instruct the
City Clerk to publish notice. a Site Plan Amendment request by Downing Construction, on behalf of Smith
Family Dentistry, to construct a new 7,407 square foot dentist office in the "R-4, R-P" Planned Residence
District, located east of 4020 Bankers Boulvard, and instruct the City Clerk to publish notice.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
❑ Council P acket
❑ Legal Description
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Backup Material
Backup Material
Resolution setting date of public hearing as January 17, 2023, to approve a
Site Plan Amendment request by Downing Construction, on behalf of Smith
Family Dentistry, to construct a new 7,407 square foot dentist office in the
"R-4, R-P" Planned Residence District, located east of 4020 Bankers
Boulevard, and instruct the City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted herewith is a resolution setting date of public hearing as January
17, 2023 for a request by Downing Construction on behalf of Smith Family
Dentistry for a Site Plan Amendment to construct a new 7,407 square foot
dentist office in the "R-4, R-P" Planned Residence District located east of
4020 Bankers Blvd.
The new office building is for a communications business that will have up to
seven employees on site. The type of use requires eight parking stalls and
nine are shown on the site plan.
The Planning and Zoning Commission reviewed the request at their
December 13, 2022 meeting and voted to recommend approval of the
request unanimously.
The request for a site plan amendment would not appear to have a negative
impact on the surrounding area as it would appear to be compatible with
other commercial development in the area.
The applicants are requesting a site plan amendment in order to construct a
new 7,407 square foot dentist office in the "R-4, R-P" Planned Residence
Page 344 of 577
Neighborhood Impact:
District.
The proposed building will be one story and would match the surrounding
area as Cedar Valley Oral Surgery, and other medical offices are located just
to the west of the proposed professional office, and Kimball and Beecher
Dentistry and other office uses are located approximately 1/4 mile to the east.
Parking requirements for a Dental Clinic are one (1) parking space for each
two hundred (200) square feet of floor area. At 7,407 square feet, the parking
requirement would be 38 parking spaces with the site plan showing 48
parking spaces including two handicapped spots which meets the parking
requirements.
Data/Analysis and Strategies: Zoning, Land Use and Economic Development.
Expenditure Required/Source of None
Funds:
Legal Descriptions:
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH,
RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO,
BLACK HAWK
COUNTY, IOWA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 9,
TOWNSHIP 88
NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE,
SO°30'26"W 33.00' ALONG THE EAST LINE OF THE NORTHEAST
1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN
DRIVE
(PREVIOUSLY ESTABLISHED); THENCE, CONTINUING
SO°30'26"W 1290.97' ALONG THE EAST LINE OF THE
NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 9 TO THE
SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF
SAID SECTION 9, SAID POINT ALSO BEING ON THE NORTH
RIGHT OF WAY LINE OF HIGHWAY 20 (PREVIOUSLY
ESTABLISHED);
THENCE, N88°45'42"W 775.36' ALONG THE NORTH RIGHT OF
WAY LINE OF SAID HIGHWAY 20; THENCE, N81°36'52"W 391.86'
ALONG SAID NORTH RIGHT OF WAY LINE; THENCE,
N76°01'43"W 165.06' ALONG SAID NORTH RIGHT OF WAY LINE
TO A POINT
ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 9; THENCE, N00°32'34"E
771.81'
ALONG SAID WEST LINE; THENCE, NORTHWESTERLY 82.18'
ALONG THE ARC OF A 270.00' RADIUS CURVE, CONCAVE
NORTHEASTERLY, HAVING A CHORD BEARING OF
N64°09'21"W AND A CHORD DISTANCE OF 81.86'; THENCE,
Page 345 of 577
N55°26' 13"W
17.26'; THENCE, N34°33'47"E 91.13'; THENCE, NORTHEASTERLY
264.88' ALONG THE ARC OF A 437.50' RADIUS CURVE,
CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF
N17°13'06"E AND A CHORD DISTANCE OF 260.86'; THENCE,
NO°34'12"E 31.32' TO APOINT ON THE SOUTH RIGHT OF WAY
LINE OF SAID SAN MARNAN DRIVE; THENCE, N89°48'16"E
1285.81'
ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF
BEGINNING, CONTAINING 38.31 ACRES. SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Page 346 of 577
December 13, 2022
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
SURROUNDING
LAND USES AND
IMPACT ON
NEIGHBORHOOD:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS/
SCREENING/
LANDSCAPING
REQUIRED:
DRAINAGE:
Request by Downing Construction on behalf of Smith Family
Dentistry for a Site Plan Amendment to construct a new 7,407
square foot dentist office in the "R-4, R-P" Planned Residence
District located east of 4020 Bankers Blvd.
Downing Construction, 509 East Scenic Avenue, Indianola,
Iowa, 50125
The applicant is requesting to construct a 7,407 square foot
dentist's office, on property along Bankers Boulevard just
south of West San Marnan Drive.
The request for a site plan amendment would not appear to
have a negative impact on the surrounding area as it would
appear to be compatible with other commercial development in
the area.
The proposed site plan amendment would not appear to have
a negative impact upon vehicular or pedestrian traffic
conditions in the area. The site will be served by an extension
of Tower Park Drive which is a local street, Bankers Boulevard
which is a local street and connects to San Marnan Drive
which is a Minor Arterial
The Fisher Drive trail is located to the southwest with plans for
an extension to Kimball Avenue in the planning stages.
The area in question has been zoned "R-4, R-P" Planned
Residence District since being rezoned from "A-1" Agricultural
District with the adoption of Ordinance 4669 on February 25,
2004. Surrounding land uses and their zoning designations are
as follows:
North — West San Marnan Drive and residential zoned "R-3,R-
P" Planned Residence District.
South — Vacant land zoned "R-4, R-P" Planned Residence
District and "B-P" Planned Business.
East — Vacant land zoned "R-4, R-P" Planned Residence
District.
West — Bankers Boulevard and commercial zoned "R-4, R-P"
Planned Residence District.
No buffers would be required as a part of this request. The
applicant will need to submit and execute a landscaping plan for
the site during the building permit approval process.
The proposed request would not appear to have a negative
impact on drainage in the area.
SPA -East of 4020 Bankers Boulevard
Page 1 of Page 347 of 577
December 13, 2022
DEVELOPMENT
HISTORY:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
Commercial buildings were built between 2008 and 2020.
No portion of the property is located within a floodplain as
indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 0304F,
dated July 18, 2011.
Lou Henry Elementary School is located 0.59 miles to the
northeast, Hoover Middle School is located 0.68 miles to the
northeast, and East High School is located 1.38 miles to the
northeast.
There are overhead power lines and water lines located in an
area to be vacated just south of San Marnan Drive. Other
utilities will be extended to serve the proposed lot.
The Future Land Use Map designates this area as Business
Park: Professional Offices, Commercial with Compatible Light
Industrial. The proposed site plan amendment would be in
conformance with the Comprehensive Plan and Future Land
Use Map for this area.
The applicants are requesting a site plan amendment in order
to construct a new 7,407 square foot dentist office in the "R-4,
R-P" Planned Residence District.
The proposed building will be one story and would match the
surrounding area as Cedar Valley Oral Surgery, and other
medical offices are located just to the west of the proposed
professional office, and Kimball and Beecher Dentistry and
other office uses are located approximately'/4 mile to the east.
Parking requirements for a Dental Clinic are one (1) parking
space for each two hundred (200) square feet of floor area. At
7,407 square feet, the parking requirement would be 38
parking spaces with the site plan showing 48 parking spaces
including two handicapped spots which meets the parking
requirements.
The applicant has not yet turned in side elevations to
determine if the proposed design fits with other commercial
development in the area.
At their December 13, 2022 meeting, the Planning,
Programming and Zoning Commission voted unanimously to
recommend approval of the request.
SPA-4140 Kimball Avenue
Page 2 of Page 348 of 577
December 13, 2022
J-�
DFciDDous TRFF, 9TAKINU DFFAH
1 7 PLANTING PIT DETAILS
LANTING F.,. GENERAL NOTES
PLANT SCHEDULE
EDWARDS SMITH DENTAL SITE DEVELOPMENT
PLANTING PLAN
SNYDER & ASSOCIATES, INC.
5
SNYDER
sn_t C500
SPA-4140 Kimball Avenue
Page 3 of Page 349 of 577
December 13, 2022
COLOR SCHEMATIC DESIGN MAIN LEVEL PLAN
Edwards Smith
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During Tech Review it was noted by Engineering that they will
need a drainage plan and how if it will be emptying into the
Tract that will be the detention basin to the south of the
proposed building. The engineering department will also need
construction plans for the road in front of the office when the
Final Plat is submitted for the area.
STAFF ANALYSIS — The applicant is not proposing to subdivide the property;
SUBDIVISION however, the property in question is currently going through
ORDINANCE: the platting process, which is separate from the Site Plan
Amendment.
SPA-4140 Kimball Avenue
Page 4 of Page 350 of 577
December 13, 2022
Picture 1: Looking north from Tower Park Drive to the Site Plan Amendment site.
Picture 2: Looking east along proposed site.
SPA-4140 Kimball Avenue
Page 5 of Page 351 of 577
December 13, 2022
Picture 3: Looking west along Tower Park Drive.
Picture 4: 4020 Bankers Boulevard.
SPA-4140 Kimball Avenue
Page 6 of Page 352 of 577
December 13, 2022
STAFF Therefore, staff recommends that the request by Downing
RECOMMENDATION: Construction on behalf of Smith Family Dentistry for a Site
Plan Amendment to construct a new 7,407 square foot dentist
office in the "R-4, R-P" Planned Residence District located east
of 4020 Bankers Blvd, be approved for the following reasons:
1. The request is in conformance with the Comprehensive
Plan and Future Land Use Map for this area.
2. The request would not appear to have a negative
impact on traffic conditions in the area.
3. The request would not appear to have a negative
impact upon the surrounding area and would be
compatible with surrounding development.
And with the following conditions(s):
1. That the final site plan meets all applicable city codes,
regulations, etc. including, but not limited to, parking,
landscaping, screening, drainage, etc.
SPA-4140 Kimball Avenue
Page 7 of Page 353 of 577
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
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Site Plan Amendment
Downing Construction on behalf of
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Page 354 of 577
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
4020 Bankers Boulevard
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Site Plan Amendment
Downing Construction on behalf of
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Page 355 of 577
V:\Projects\2022\122.1411.01\CADD\SP02_1221411_DIMN.dwg JAKE R. CAMPOS, DIMENSION PLAN, 2022/11/22, 1:50 PM, ANSI FULL BLEED D (34.00 X 22.00 INCHES)
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FFE=955.15
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CONCRETE AS SPECIFIED
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DIMENSION PLAN CONSTRUCTION NOTES
1. EXISTING FEATURES, PROTECT THE FOLLOWING:
A. PAVEMENTS TO REMAIN.
B. PROTECT EXISTING UTILITIES NOT SCHEDULED FOR DEMOLITION.
COORDINATE ANY RELOCATIONS OR ADJUSTMENTS WITH UTILITY
SERVICE PROVIDER AS NECESSARY. ANY DAMAGES TO EXISTING
UTILITIES THAT ARE NOT SCHEDULED FOR MODIFICATION OR
DEMOLITION SHALL BE REMEDIED AT THE CONTRACTORS
EXPENSE WITH THE WORK BEING PERFORMED TO THE UTILITY
OWNER'S SPECIFICATION.
C. STORM SEWER TO BE INSTALLED AS PART OF SAN MARNAN
PUBLIC IMPROVEMENTS.
2. PAVEMENTS, PROVIDE THE FOLLOWING:
A. 7" DEPTH PCC DRIVES ON 12" SUBGRADE PREPARATION
COMPACTED TO 95% STANDARD PROCTOR.
B. 6" DEPTH PCC DRIVES AND PARKING ON 12" SUBGRADE
PREPARATION COMPACTED TO 95% STANDARD PROCTOR.
C. 5" DEPTH PCC STANDARD SIDEWALK WITH 6" DEPTH SUBGRADE
PREPARATION COMPACTED TO 95% STANDARD PROCTOR.
D. 5" DEPTH PCC SIDEWALK WITH INTEGRAL CURB WITH 6" DEPTH
SUBGRADE PREPARATION COMPACTED TO 95% STANDARD
PROCTOR. SEE DETAIL ON THIS SHEET.
E. STANDARD CURB. SEE DETAIL ON THIS SHEET.
F. PEDESTRIAN RAMP. MAXIMUM SLOPE OF 8.33%.
G. NO CURB.
H. CONNECT TO EXISTING DRIVE WITH SUDAS TYPE A DRIVEWAY
CONNECTION AND THICKEN EDGE TO 12" MIN.
I. PCC STOOP. REFER TO ARCHITECTURAL PLANS FOR DETAILS.
J. PCC FLUME. CONNECT FLUME TO PARKING LOT WITH BR JOINT.
SEE DETAIL ON THIS SHEET.
3. PAVEMENT MARKINGS, PROVIDE THE FOLLOWING:
A. 4" WIDE PAINTED PARKING STALL LINES.
B. PAINTED STATE OF IOWA APPROVED ACCESSIBLE PARKING
SYMBOL.
C. ACCESSIBLE AISLE. 45° STRIPING AT 3' ON CENTER SPACING
WHERE SHOWN.
D. 45° STRIPING AT 3' ON CENTER SPACING WHERE SHOWN.
4. SIGNS, PROVIDE THE FOLLOWING:
A. PROVIDE POST MOUNTED VAN ACCESSIBLE PARKING SIGNAGE
AS PER ICC SECTION A117.1-09 SECTION 502.7 AND ADAAG
REQUIREMENTS. SIGN SHALL BE AT LEAST 60 INCHES ABOVE THE
FINISHED PARKING SURFACE.
B. MONUMENT SIGN.
5. SITE AMENITIES, PROVIDE THE FOLLOWING:
A. TRASH ENCLOSURE. SEE ARCHITECTURAL PLANS FOR DETAILS.
6. SITE ELECTRICAL, CONTRACTOR TO COORDINATE WITH UTILITY
PROVIDER ALL ASPECTS OF ELECTRICAL SERVICE, PROVIDE THE
FOLLOWING:
A. TRANSFORMER AND PAD. COORDINATE WITH UTILITY PROVIDER
PRIOR TO CONSTRUCTION.
B. EXTERIOR LIGHTING TO BE ORIENTED DOWNWARD AND AWAY
FROM ADJACENT PROPERTIES AND INSTALLED AS TO NOT HAVE
LIGHT EXIT FROM THE PROPERTY. SEE ARCHITECTURAL AND
ELECTRICAL PLANS FOR ADDITIONAL INFORMATION REGARDING
ANY PROPOSED LIGHTING.
7. GAS AND ELECTRIC SERVICE. COORDINATE WITH UTILITY PROVIDER
PRIOR TO CONSTRUCTION.
A. PROPOSED GAS AND ELECTRIC METER LOCATION. COORDINATE
WITH ARCHITECTURAL AND MECHANICAL PLANS PRIOR TO
CONSTRUCTION.
B. COORDINATE GAS AND ELECTRIC SERVICE WITH UTILITY
PROVIDER PRIOR TO CONSTRUCTION.
8. CONTRACTOR TO COORDINATE ALL TELEPHONE, COMMUNICATION,
CABLE AND OTHER UTILITIES WITH FRANCHISE UTILITY OWNERS
PRIOR TO CONSTRUCTION.
9. PROPOSED BUILDING - REFER TO ARCHITECTURAL AND
STRUCTURAL PLANS FOR DETAILS.
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2 - 6" LIFTS UNLESS NOTED OTHERWISE
SIDEWALK PAVEMENT, SEE PLANS
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Sheet C200
Page 358 of 577
dotloop signature verification: dtlp.us/IgtQ-b1Gb-EPDN
APPLICATION SITE PLAN AMENDMENT TO A "R-P",
"M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT
CITY OF WATERLOO PLANNING, PROGRAMMING, AND
ZONING COMMISSION, WATERLOO, IOWA
319.291.4366
New or Overall Amendment X
Individual Building
Minor change (check one) (Minor Change must be approved by staff)
1. APPLICATION INFORMATION:
a. Applicant's name (please print): Downing Construction - Nick Welter
Address: 509 E Scenic Valley Avenue Phone: 515-961-5386 Fax:
City: Indianola State: IA Zip: 50125
Email: nwelter@downingconstruct.com
b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): If other explain:
Owner's Representative
c. Property owner's name if different than above (please print): John and Dan Properties, Inc.
Address: 7404 University Avenue Phone: Fax:
City: Cedar Falls State: IA Zip: 50613
Email:
2. PROPERTY INFORMATION:
a. General location of site plan to be amended:
NE corner of Bankers Boulevard and Tower Park Drive
b. Legal description of property or portion to be amended:
see attached legal description
c. Dimensions of proposed site plan amendment: 317' x 169'
d. Area of proposed site plan amendment: 53,236 SF (1.22 acresL
e. Current zoning: R-4, R-P
f. Reason(s) for site plan amendment and proposed use(s) of property:
property to be developed into a dental clinic
g. Conditions (if any) agreed to (does not affect existing conditions unless specified):
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 site plan amendment request).
The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable
to the City of Waterloo) is required. 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.
Digitally signed by Nick Weller
W@downingconsimcl corn,
O=eawning,ON=Nick Weller ��
0=DcReason: am N hickauthof document
Date zozzn is ogagas-osw'
dotloop verified
11 /15/22 2:51 PM CST
LE59-AIOG-QXRY-WKGV
Signature of Applicant Date Signature of Owner
PagPBtS9 of 577
Legal Description
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND
THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5th
P.M., CITY OF WATERLOO, BLACK HAWK
COUNTY, IOWA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4
CORNER OF SECTION 9, TOWNSHIP 88
NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE, SO°30'26"W 33.00' ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE SOUTH RIGHT OF WAY
LINE OF WEST SAN MARNAN DRIVE
(PREVIOUSLY ESTABLISHED); THENCE, CONTINUING SO°30'26"W 1290.97' ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 9 TO THE SOUTHEAST CORNER OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 9, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF
HIGHWAY 20 (PREVIOUSLY ESTABLISHED);
THENCE, N88°45'42"W 775.36' ALONG THE NORTH RIGHT OF WAY LINE OF SAID
HIGHWAY 20; THENCE, N81 °36'52"W 391.86'
ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N76°01'43"W 165.06' ALONG SAID
NORTH RIGHT OF WAY LINE TO A POINT
ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 9; THENCE, N00°32'34"E 771.81'
ALONG SAID WEST LINE; THENCE, NORTHWESTERLY 82.18' ALONG THE ARC OF A
270.00' RADIUS CURVE, CONCAVE
NORTHEASTERLY, HAVING A CHORD BEARING OF N64°09'21"W AND A CHORD
DISTANCE OF 81.86'; THENCE, N55°26'13"W
17.26'; THENCE, N34°33'47"E 91.13'; THENCE, NORTHEASTERLY 264.88' ALONG THE ARC
OF A 437.50' RADIUS CURVE,
CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N17°13'06"E AND A
CHORD DISTANCE OF 260.86'; THENCE,
NO°34'12"E 31.32' TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID SAN
MARNAN DRIVE; THENCE, N89°48'16"E 1285.81'
ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING
38.31 ACRES. SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Page 360 of 577
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as January 17, 2023, to approve the request by Mann Road Storage,
LLC for a rezone of approximately 0.32 acres from "R-1" One and Two Family Residence District to "C-2"
Commercial District for a new storage facility, at the former K-Mart site, located adjacent to 3810 University
Avenue, and instruct the City Clerk to publish notice.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
❑ Council P acket
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Backup Material
Resolution setting date of public hearing as January 17, 2023, to approve the
request by Mann Road Storage, LLC for a rezone of approximately 0.32
acres from "R-1" One and Two Family Residence District to "C-2"
Commercial District for a new storage facility, at the former K-Mart site,
located adjacent to 3810 University Avenue, and instruct the City Clerk to
publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted herewith is a resolution setting date of public hearing as January
17, 2023 to approve the request by Mann Road Storage, LLC for a rezone
of approximately 0.32 acres from "R-1" One and Two Family Residence
District to "C-2" Commercial District for a new storage facility at the former
K-Mart site located adjacent to 3810 University Avenue, and instruct the City
Clerk to publish notice.
The Planning and Zoning Commission unanimously approved this request at
their December 13, 2022 meeting.
Rezoning of the property to "C-2" would not appear to have a negative
impact on the area as most of the area is currently zoned for commercial
uses, and the rezone area would go with the rest of the property which is
already zoned "C-2" Commercial District.
The proposed rezone request would not appear to have a negative impact
upon existing pedestrian and traffic conditions in the area. The site in
question is served by Progress Avenue which is considered a local street and
University Avenue which is considered a Principle Arterial.
The proposed rezone area is currently zoned "R-1" One and Two -Family
Residence District and has been zoned as such since the adoption of the
Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning
Page 361 of 577
Neighborhood Impact:
Data/Analysis and Strategies:
Community
Methods:
Expenditure
Funds:
Engagement
Required/Source
Legal Descriptions:
are as follows:
North — Residences, zoned "R-1" One and Two Family Residence District.
South —Commercial uses zoned "C-2" Commercial District
East —Hy-Vee Fast and Fresh gas station, Caribou Coffee and Platt's
Storage, zoned "C-2" Commercial District.
West — Walgreens and the former Hy-Vee building, zoned "C-2"
Commercial District.
The applicant is requesting to rezone 0.32 acres from "R-1" One and Two
Family Residence District to "C-2" Commercial District in order to make the
zoning of the entire site compatible with the indoor storage use. The lot in
question was previously part of the K-Mart development, with a portion of
the parking lot and a driveway approach to Progress Avenue located on the
lot. The use of this area is not proposed to change.
Therefore, staff recommends the request by Mann Road Storage, LLC for a
rezone of approximately 0.32 acres from "R-1" One and Two Family
Residence District to "C-2" Commercial District for a new storage facility at
the former K-Mart site located adjacent to 3810 University Avenue, be
approved for the following reasons:
1. The request would not have a negative impact on traffic conditions in
the area.
2. The request would not have a negative impact on the surrounding area.
3. The request is in conformance with the Future Land Use Map and
Comprehensive Land Use plan.
Subject to the following conditions
1. That the final site plan meets all applicable city codes, regulations, etc.
including, but not limited to, parking, landscaping, drainage, etc.
2. Sidewalk be installed along Progress Avenue with necessary
easements.
Zoning, Land Use and Economic Development.
Notice was sent to all properties within 250 feet of the proposed rezone and
there has been no opposition.
ofNone
Lot No. W-115, Cedarloo Park, Waterloo, Black Hawk County, Iowa,
except the North 20 feet thereof.
Page 362 of 577
December 13, 2022
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:
Request by Mann Road Storage, LLC for a rezone of
approximately 0.32 acres from "R-1" One and Two Family
Residence District to "C-2" Commercial District for a new storage
facility at the former K-Mart site located adjacent to 3810 University
Avenue.
Mann Road Storage, LLC, PO Box 99, Mount Vernon, Iowa 52314
The applicant is requesting to rezone the site in question to allow
for a new 111,650 square foot storage facility. A majority of the site
is already zoned "C-2", but a single lot in the northwest corner of
the development is zoned "R-1".
The site is predominately surrounded by commercial uses and
residences. Rezoning of the property to "C-2" would not appear to
have a negative impact on the area as most of the area is currently
zoned for commercial uses, and the rezone area would go with the
rest of the property which is already zoned "C-2" Commercial
District.
The proposed rezone request would not appear to have a negative
impact upon existing pedestrian and traffic conditions in the area.
The site in question is served by Progress Avenue which is
considered a local street and University Avenue which is
considered a Principle Arterial.
The University Avenue Trail is located directly south of the area to
be rezoned. There are sidewalks along University Avenue and no
sidewalks along Progress Avenue. Sidewalk should be required
along Progress Avenue as part of the proposed development.
The proposed rezone area is currently zoned "R-1" One and Two -
Family Residence District and has been zoned as such since the
adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding
land uses and their zoning are as follows:
North — Residences, zoned "R-1" One and Two Family Residence
District.
South —Commercial uses zoned "C-2" Commercial District
East —Hy-Vee Fast and Fresh gas station, Caribou Coffee and
Platt's Storage, zoned "C-2" Commercial District.
West — Walgreens and the former Hy-Vee building, zoned "C-2"
Commercial District.
R-1 to C-2 Adjacent to 3810 University Ave Page 1 of 4
Pag?k3 of 577
December 13, 2022
DEVELOPMENT
HISTORY:
BUFFERS/
SCREENING:
DRAINAGE:
FLOODPLAIN:
Foriner K-Mart
3810 University Avenue
The area is composed of primarily commercial uses built between
1966 and 2015 with a few residences built between 1956 and
2019.
There would be no screening required in relation to this request.
A drainage plan is not required in relation to this request.
The area to be rezoned is not located within any special flood
hazard area as established by the Federal Emergency
Management Association (FEMA) Flood Insurance Rate Map dated
July 11,2011.
R-1 to C-2 Adjacent to 3810 University Ave Page 2 of 4
Pag?g64 of 577
December 13, 2022
Picture 1: Lot to be rezoned.
Picture 2: Lot to be rezoned and adjacent property with home.
R-1 to C-2 Adjacent to 3810 University Ave Page 3 of 4
Pagn65 of 577
December 13, 2022
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
Central Middle School is located approximately 0.76 miles to the
south of the site in question. Fred Becker Elementary School is
located 1 mile to the southeast.
A 15" storm sewer line is located within University Avenue, An 8"
sanitary sewer is located in Progress Avenue and a private storm
sewer and sanitary sewer for the site is located at the north end of
the property. Power lines are located along Progress Avenue.
Utilities will be added and redirected with this proposed project.
The Future Land Use Map designates this area as Commercial.
This rezone request is 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 rezone 0.32 acres from "R-1" One
and Two Family Residence District to "C-2" Commercial District in
order to make the zoning of the entire site compatible with the
indoor storage use. The lot in question was previously part of the
K-Mart development, with a portion of the parking lot and a
driveway approach to Progress Avenue located on the lot. The use
of this area is not proposed to change.
At Tech Review, there were no concerns with the rezone request.
The site is being platted as part of a separate request.
Therefore, staff recommends the request by Mann Road Storage,
LLC for a rezone of approximately 0.32 acres from "R-1" One and
Two Family Residence District to "C-2" Commercial District for a
new storage facility at the former K-Mart site located adjacent to
3810 University Avenue, be approved for the following reasons:
1. The request would not have a negative impact on traffic
conditions in the area.
2. The request would not have a negative impact on the
surrounding area.
3. The request is in conformance with the Future Land Use
Map and Comprehensive Land Use plan.
Subject to the following conditions
1. That the final site plan meets all applicable city codes,
regulations, etc. including, but not limited to, parking,
landscaping, drainage, etc.
2. Sidewalk be installed along Progress Avenue with necessary
easements.
R-1 to C-2 Adjacent to 3810 University Ave Page 4 of 4
Pag?866 of 577
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
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Rezone from "R-i" to "C-2"
Mann Road Storage, LLC
Pag?%7 of 577
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
Area to be rezoned
Former K-Mart
3810 University Avenue
Adjacent to 3810 University
Rezone from "R-1" to "C-2"
Mann Road Storage, LLC
Page 368 of 577
DocuSign Envelope ID: 6AFC4AA5-8FD5-4351-B6FC-CF1C96B376D3
APPLICATION FOR REZONING
CITY OF WATERLOO PLANNING, PROGRAMMING,
AND ZONING COMMISSION
WATERLOO, IOWA
319.291.4366
1. APPLICATION INFORMATION:
a. Applicant's name (please print): Mann Road Storage, LLC
b.
c.
Address: PO Box 99 Phone: (319) 640-1858 Fax:
City: Mount Vernon State: IA Zip: 52314
Email: chadoidltwentv40conceots.com
Status of applicant: (a) Owner 0 (b) Other Q (SELECT ONE): If other explainPpntract purchaser
Property owner's name if different than above (please print): Cone Management Inc
Address: 99 W Hawthorne Avenue #416 Phone: Fax:
city: Valley Stream State: NY Zip: 11582
Email: h?'irtntO ,.vrl-h� etht•i'isiirA »y( ti w•ti
2. PROPERTY INFORMATION:
a. General location of property to be rezoned: 3810 University Avenue
b. Legal description of property to be rezoned: Lot No. W-115. Cedarloo Park, Waterloo. Black
Hawk County, Iowa
c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 80'x174.6'
d. Area of Proposed Zoning Boundary (Excluding Right of Way): 13,968 sq.ft.
e. Current zoning: R-1 Requested zoning: C-2
f. Reason(s) for rezoning and proposed use(s) of property: The portion of this property that is currently zoned R-1 needs to be
rezoned to match the C-2 zoning of the remaining parcel
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. Cone Management, Inc.
DocuSigned by:
e of Applicant
Date
o2C) VOlittia U%i AAA%
tOWN 'o tlWner
Daniel wiener, President
11/17/2022
Date
PagP169 of 577
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as January 17, 2023 to approve the request by C 10 Investments,
LLC, to vacate a utility easement adjacent to the Ridgeway Avenue right-of-way located east of 115 East
Ridgeway Avenue, in the "S-1" Shopping Center District, and instruct the City Clerk to publish notice.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description
❑ Staff Report
❑ Overview Map
❑ Aerial Map
❑ Kwik Star Ridgeway Site Plan
❑ Application
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Resolution setting date of public hearing as January 17, 2023 to approve the
request by C 10 Investments, LLC, to vacate a utility easement adjacent to
the Ridgeway Avenue right-of-way located east of 115 East Ridgeway
Avenue, in the "S-1" Shopping Center District, and instruct the City Clerk to
publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted is a request to set the date of public hearing as January 17, 2023
to approve the request by C 10 Investments, LLC to vacate a utility easement
adjacent to the Ridgeway Avenue right-of-way located east of 115 East
Ridgeway Avenue in the "S-1" Shopping Center District, and instruct the
City Clerk to publish notice.
The City of Waterloo Planning, Programming and Zoning Commission will
review this request at their January 10, 2023 meeting. Their recommendation
will be reported at the vacate hearing.
The proposed easement vacate would not appear to have a negative impact
upon vehicular or pedestrian traffic conditions in the area.
The easement was used for a 15" Storm Sewer that served the former
Schoitz Hospital that is being relocated off the property as it is being
reconstructed.
With the storm sewer relocated there will be no need to continue having a utility
easement. The new storm sewer will be located within the right-of-way of East
Ridgeway Avenue.
Therefore, staff recommends that the request by C 10 Investments, LLC,
to vacate a utility easement in the "S-1" Shopping Center District located
Page 370 of 577
Neighborhood Impact:
east of 115 East Ridgeway Avenue, be approved for the following
reasons:
1. The request would not appear to have a negative impact on
traffic conditions in the area.
2. The request would not appear to have a negative impact upon
the surrounding area and would be compatible with surrounding
development.
Subject to the existing storm sewer being relocated within the right-of-way of
East Ridgeway Avenue, and an agreement being approved for the work to
relocate the sewer.
Data/Analysis and Strategies: Utility Easement
Expenditure Required/Source of None
Funds:
Legal Descriptions:
That part of the Southwest 1/4 of the Southwest 1/4 of Section 35,
Township 89N, Range 13 W, Waterloo, Black Hawk County, Iowa,
described as follows: Beginning at a point on the North Right -of -Way line of
Ridgeway Avenue (50 ft. from centerline) which point is 514.84 feet East of
the centerline of Kimball Avenue as measured along the North Right -of -Way
line of Ridgeway Avenue; thence North 45 Degrees East a distance of 33.94
feet; thence East parallel with the North Right -of -Way line of Ridgeway
Avenue a distance of 37.56 feet; thence South 58 Degrees 36 Minutes 45
Seconds East a distance of 46.08 feet to the North right-of-way line of
Ridgeway Avenue; thence West along the North Right -of -Way line of
Ridgeway Avenue; thence West along the North Right -of -Way line of
Ridgeway Avenue a distance of 100.90 feet to the Point of Beginning. This
vacate shall not vacate the 10 foot public utility easement as platted along the
South 10 feet of Lot 3 of Schoitz Addition.
Page 371 of 577
REQUEST:
APPLICANT(S):
GENERAL
DESCRIPTION:
SURROUNDING
LAND USES AND
IMPACT ON
NEIGHBORHOOD:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS/
SCREENING/
LANDSCAPING
REQUIRED:
DRAINAGE:
DEVELOPMENT
HISTORY:
January 10, 2023
Request by C10 Investments, LLC, to vacate a utility
easement in the "S-1" Shopping Center District located east of
115 East Ridgeway Avenue.
C10 Investments, LLC, attn." Jeff Stickfort, 3759 Ranchero
Road, Cedar Falls, Iowa 50613.
The applicant is requesting to vacate a utility easement on the
former Schoitz Hospital Site, where an existing storm sewer
line will be relocated.
The request for an easement vacate would not appear to have
a negative impact upon the surrounding area.
The proposed easement vacate would not appear to have a
negative impact upon vehicular or pedestrian traffic conditions
in the area.
There is currently no trails in the area. There is a sidewalk
along East Ridgeway Avenue.
The area in question has been zoned "S-1" Shopping District
since the adoption of Ordinance 5613 on August 16, 2021
when it was rezoned from "R-3" Multiple Residence District.
Surrounding land uses and their zoning designations are as
follows:
North — Vacant land, apartment building under construction
and Acadia Street zoned "S-1" Shopping Center District and
"R-3" Multiple Residence District.
South — East Ridgeway Avenue, professional office and
commercial zoned "S-1" Shopping District.
East — West High School zoned "R-3" Multiple Residence
District.
West — Commercial zoned "S-1" Shopping Center District.
No buffers would be required as a part of this request.
The proposed request would not appear to have a negative
impact upon drainage in the area.
Commercial buildings built between 1971 and 2022.
Easement Vacate -East of 115 Ridgeway Avenue
Page 1 of Page 372 of 577
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
TECH REVIEW AND
UPDATES
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
January 10, 2023
No portion of the vacate area located within a floodplain as
indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 0301F,
dated July 18, 2011.
Lou Henry Elementary is located 0.57 miles to the southwest,
Hoover Elementary School is located 0.48 miles to the
southwest and West High School is located adjacent to the site
to the east.
Bontrager Park is located 0.532 miles to the southwest.
There is a 15" Storm Sewer that served the former Schoitz
Hospital that is being relocated into Ridgeway Avenue.
The Future Land Use Map designates this area as
Commercial. The proposed site plan amendment would be in
conformance with the Comprehensive Plan and Future Land
Use Map for this area.
The applicant is requesting to vacate a utility easement. The
easement was used for a 15" Storm Sewer that served the
former Schoitz Hospital that is being relocated off the property
as it is being reconstructed.
With the storm sewer relocated there will be no need to
continue having a utility easement. The new storm sewer will
be located within the right-of-way of East Ridgeway Avenue.
The applicant is not proposing to subdivide the property.
Therefore, staff recommends that the request by C10
Investments, LLC, to vacate a utility easement in the "S-1"
Shopping Center District located east of 115 Ridgeway
Avenue, be approved for the following reasons:
1. The request would not appear to have a negative
impact on traffic conditions in the area.
2. The request would not appear to have a negative
impact upon the surrounding area and would be
compatible with surrounding development.
3. Subset to the existing storm sewer being relocated
within the right-of-way of East Ridgeway Avenue.
Easement Vacate — East of 115 Ridgeway Avenue
Page 2 of Page 373 of 577
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2023
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Cio Investments, LLC
Page 374 of 577
City of Waterloo Planning, Programming and Zoning Commission
January to, 2023
East of 115 Ridgeway Avenue
Easement Vacate
Cio Investments, LLC
Page 375 of 577
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Page 376 of 577
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IfwIK
TRIP
IfwIK
Srfra
KWIK TRIP, Inc.
P.O. BOX 2107
1626 OAK STREET
LACROSSE, WI 54602-2107
PH. (608) 781-8988
FAX (608) 781-8960
wAY5117
SUNDE ENGINEERING, PLLC.
10830 NESBITT AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55437
(952) 881-3344 TELEPHONE
(952) 881-1913 FAX
www.sundecivil.com
MIKE
KETTLER
18845
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S
STORM SEWER PLAN
,
CONVENIENCE STORE 1271
E. RIDGEWAY AVE
WATERLOO, IOWA
NO. DATE DESCRIPTION
- 04NOV22 SUBMITTAL
DRAWN BY
SCALE
GRAPHIC
PROJ. NO.
22- 127 I
DATE
04NOV2022
SHEET
SP3
KWIK TRIP PM S.W.
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
❑ Offer to Vacate and Purchase City Right -of -Way
® Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement
D Sale of City -Owned Property
Applicant (Business Name if Applicable: C10 Investments, LLC. Attn: Jeff Stickfort
Address: 3759 Ranchero Rd., Cedar Falls, IA 50613
Email: jeffstickfort@gmail.com
General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.):
See Attached
Legal description of area to be conveyed, vacated, or encroached: See Attached Exhibits
Phone No.: 319-290-4357
1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo):
• Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee
• Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee
• Encroachment — One Hundred Dollar ($100.00) Filling Fee
• Sale of city -owned property not required to be vacated — No Fee
• Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee
2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be
required to be reviewed by the Building & Grounds Committee.]
• Asking price (see attached Sale of Property Policy for how calculated):
• Deductions
• May decrease price by 50% for area located within an easement:
• May decrease price for the City tax that will be collected on
the land within 5 yrs (8 yrs inside of the CURA):
• Costs (surveying & misc., demolition, remove of curbs, etc):
Asking price — Deductions = Value of Property:
Offer Price for Entire Area:
Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council. Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement shall be retained:
5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves
additional construction as the reason for the request.
Jeff Stickfort
uz/►1IIiZ
pplicant Print Name Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
Page 377 of 577
CITY OF WATERLOO
Council Communication
Motion approving Recycling Yard License Applications as listed in Exhibit A.
City Council Meeting: 1/3/2023
Prepared:
ATTACHMENTS:
Description Type
❑ Exhibit A (Approvals) Backup Material
SUBJECT:
Motion approving Recycling Yard License Applications as listed in Exhibit
A.
Page 378 of 577
APPROVED
AIKEY AUTO SALVAGE
1420 W AIRLINE HWY
A -LINE EDS, INC
808 DEARBORN AVE
A -LINE IRON & METALS
1500 DAVID ST
ALTER METAL RECYCLING
1500 W AIRLINE HWY
CAN -AM AUTO SALVAGE
1117 SHEFFIELD AVE
CAN -AM AUTO SALVAGE
1041 SHEFFIELD AVE
KING AUTOMOTIVE
275 RAMPART LANE
NEW DEAL AUTO SALVAGE
612 POWER ST
PAT'S AUTO SALVAGE
1000 LOWELL AVE
PAT'S AUTO SALVAGE
945 LOWELL AVE
PLUM'S AUTO, LLC
2636 WCF & N DR
QUAILS AUTO SALVAGE
202 GLENDALE ST
R'S RECYCLING
110 COURT AVE
VIC FULLER SALVAGE
950 SHEFFIELD AVE
WATERLOO AUTO PARTS
1501 GRANDVIEW AVE
WATERLOO AUTO PARTS
1524 GRANDVIEW AVE
WEEKLEY'S RECYCLING
105 DUNHAM PLACE
WILBER AUTO BODY
212 W 9TH ST
Page 379 of 577
CITY OF WATERLOO
Council Communication
Motion to deny Recycling Yard License Applications as listed in Exhibit A.
City Council Meeting: 1/3/2023
Prepared:
ATTACHMENTS:
Description Type
❑ Exhibit A (Denials) Backup Material
SUBJECT: Motion to deny Recycling Yard License Applications as listed in Exhibit A.
Submitted by: Submitted By:
Page 380 of 577
DENIED
KEVIN'S AUTO SERVICE
953 FULTON ST
LITZKOW AUTO RECYCLERS
1720 BLACK HAWK RD
TOURNIER RECYCLERS
900 FULTON ST
Page 381 of 577
CITY OF WATERLOO
Council Communication
Motion to approve the appointment of Dejana Van Gundy to the position of Records Clerk II in the Police
Department effective January 4th 2022.
City Council Meeting: 1/3/2023
Prepared: 12/28/2022
ATTACHMENTS:
Description Type
❑ Job Description Backup Material
SUBJECT:
Submitted by:
Motion to approve the appointment of Dejana Van Gundy to the position of
Records Clerk II in the Police Department, effective January 4th 2022.
Submitted By: Aaron McClelland, Captain
Page 382 of 577
PERSONNEL REQUISITION FORM
Check as applicable: To start recruiting or civil service process and/or
X❑ Active Civil Service List Expires: Will be exhausted after this hire
® to fill a vacancy
A proposed job description and questionnaire must accompany this form at time of submission to
Human Resources.
Position Title: Clerk (Records Clerk)
Department: Waterloo Police Department
Reports To: Police Chief Work Location: City of Waterloo
Employment Status: ® Regular Full Time ❑ Temporary Full Time from to
❑ Regular Part Time ❑ Temporary Part Time from to
❑ Regular 7-Month ❑ Intern/Co-op Student from to
Type of Position:
Civil Service Position: ® Yes
Bargaining Position: ® Yes
Non -bargaining Position: ❑ Yes
Bargaining Group: TEAMSTERS
❑ No
❑ No
❑ No
Recommended Recruitment Sources:
® Internal Posting Only
❑ Internal Posting and External Advertising
*************************************************************************************************
Complete the following if the requisition is to fill a vacancy:
❑ New Position or ® Replacement Position for: Kashaunda Mhoon
(Specify name of former incumbent)
If replacement, former incumbent: x❑Retired/Resigned/Terminated Transferred ❑ Promoted
Date incumbent terminated employment/final payout: Chase and Boesen will be transferring to another city
department.
Anticipated start date: 1/3/2023 No. of hours/week: 40 Work schedule: 5/2
Annual salary requirements: $51,833.60 is position budgeted for this and future FYs? ® Yes ❑ No
If no, how will position be funded?
Justification of need for position: On 11/28/22 Kasaunda Mhoon resigned from the Waterloo Police Records
Division. This will leave one vacancy in our records division. This division is responsible for records management,
case management and reporting for every case the police depaitiiient works. This is a vital role that needs to be filled
as soon as possible. The department is funded for four (4) positions.
What are the likely consequences if the position is not filled? The duties would fall on the only TWO Clerks
working in records and cause mandatory overtime and possible burn out.
APPROVALS
Approved subject to the following conditions:
Submitting Department Head Date Mayor Date
Chief Financial Officer Date Human Resources Director Date
Page 383 of 577
CITY OF WATERLOO
Council Communication
Logan Avenue (US 63) from Donald Street to Newell Street Traffic Adaptive System, Iowa DOT Grant
Project No. ICAAP-S WAP-8155(781)--S H-07.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description
❑ Bid Tab
❑ Contract
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Backup Material
Backup Material
Motion to receive and file proof of publication of notice of Public Hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract,
and authorizing to proceed.
Motion to receive, file, and instruct the City Clerk to read bids.
Resolution awarding bid to KW Electric of Cedar Falls, Iowa in the amount
of $162,450.00, in conjunction with the Logan Avenue (US 63) from Donald
Street to Newell Street Traffic Adaptive System, Iowa DOT Grant Project
No. ICAAP-SWAP-8155(781)--SH-07, approving the contract, bond and
certificate of insurance, and authorizing the Mayor to execute said
documents.
Submitted By: Mohammad Elahi, Interim Traffic Operations Director
Hold Hearing
Award Contract
This project compliments the existing adaptive system on US 63 (existing is
from Jefferson Street to Dane Street)
Expenditure Required/Source of $162,450.00 Construction $23,000 Engineeringo
Funds: $112,392.00 federal grant 805 plus 20% Local Match match and remainder
by G.O. bond Funds
Page 384 of 577
42rru%MADOT
Contracts and Specifications Bureau
11 /21 /2022 9:34:25 AM
Project(s) and Vendor Ranking Page 1 of 2
Call Order: 351 Contract ID: 07-8155-781
Letting Date: November 15, 2022 10:00 A.M.
Letting Status: AWARDED Awarded Vendor: K & W ELECTRIC, INC.
Contract Period: Start Date: 09/18/23 30 Working Days
Primary County: BLACK HAWK
DBE Goal: 0.0%
Project Information:
Project: ICAAP-SWAP-8155(781)--SH-07 WorkType: TRAFFIC SIGNALS
County: BLACK HAWK Prj Awd Amt: $162,450.00
Route: LOGAN AVENUE
Location: In the city of Waterloo, On US 63 S, from Donald St S 1.0 miles to Newell St S14 T89 R13
Page 385 of 577
42rru%MADOT
Contracts and Specifications Bureau
11 /21 /2022 9:34:25 AM
Project(s) and Vendor Ranking Page 2 of 2
Call Order: 351 Contract ID: 07-8155-781
Letting Date: November 15, 2022 10:00 A.M.
Letting Status: AWARDED Awarded Vendor: K & W ELECTRIC, INC.
Contract Period: Start Date: 09/18/23 30 Working Days
Primary County: BLACK HAWK
DBE Goal: 0.0%
Rank
Vendor ID Vendor Name
Percent Of Low
Total Bid Bid
1
2
3
K.100 K & W ELECTRIC, INC. $162,450.00 100.00%
V0080 VOLTMER, INC. $196,463.00 120.94%
PR175 PRICE INDUSTRIAL ELECTRIC, INC. $278,500.00 171.44%
Page 386 of 577
CaluVVMDOT
Contracts and Specifications Bureau
11 /21 /2022 9:34:25 AM
Tabulation of Construction and Material Bids Page 1 of 1
Call Order: 351
Letting Date: November 15, 2022
Contract ID: 07-8155-781 Primary County: BLACK HAWK
Line No / Item Number
Item Description
Alt Set / Alt Member
Quantity and Units
(1) K & W ELECTRIC, INC.
(2) VOLTMER, INC.
(3) PRICE INDUSTRIAL
ELECTRIC, INC.
Unit Price Ext Amount
Unit Price Ext Amount
Unit Price Ext Amount
SECTION: 0001 TRAFFIC SIGNAL ITEMS
0010 2525-0000100
TRAFFIC SIGNALIZATION
0020 2528-8445110
TRAFFIC CONTROL
0030 2533-4980005
MOBILIZATION
Section Totals:
Contract Item Totals
Contract Time Totals
Contract Grand Totals
() indicates item is bid as Lump Sum
157,000.00000 157, 000.00
3,000.00000 3,000.00
2,450.00000 2,450.00
$162,450.00
Cat Alt Set: Cat Alt Member:
183, 563.00000 183, 563.00
10, 500.00000 10, 500.00
2,400.00000 2,400.00
$196,463.00
250,000.00000 250,000.00
15,000.00000 15, 000.00
13, 500.00000 13, 500.00
$278,500.00
$162,450.00
$162,450.00
$196,463.00
$196,463.00
$278,500.00
278,500.00
Page 387 of 577
CONTRACT
Letting Date: Nov 15, 2022
County: BLACK HAWK
Cost Center: 631000
Contract Work Type: TRAFFIC SIGNALS
Contract ID: 07-8155-781 CaII Order No.: 351
Project Engineer: CITY OF WATERLOO, CITY CLERK
Object Code: 890 DBE Commitment: $0.00
This agreement made and entered by and between the Contracting Authority,
CITY OF WATERLOO
and Contractor,
K & W ELECTRIC, INC.
Vendor ID: K.100 City: CEDAR FALLS State: IA
It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if
any, for project(s) listed herein, together with Contractor's performance bond, are made a part hereof and together with
this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties
hereto.
Contractor, for and in considerations of $ 162,450.00 payable as set forth in the specifications constituting a part
of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with
the plans and specifications therefore, and in the locations designated in the Notice to Bidders.
Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contractor has
complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public
Registration Number), if applicable.
In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and according to
the requirements of the specifications the amounts set fourth, subject to the conditions as set forth in the specifications.
It is further understood and agreed that the above work shall also be commenced or completed in accordance with
Contract Time of this Contract and assigned Notes.
To accomplish the purpose herein expressed, the Contracting authority and Contractor have signed this and one other
identical instrument.
For Federal -Aid Contracts the Contractor certifies that each subcontract is evidenced in writing and that it contains all
pertinent provisions and requirements of the contract.
Page 388 of 577
IOWADOT
SMARTER I SIMPLER I CUSTOMER DRIVEN
11/22/2022 06:20:53
AASHTOWare ProjectTM Version 4.7 Revision 029
Page 1 of 4
Contract Project(s)
Contract ID: 07-8155-781 CaII Order No.: 351
Letting Date: Nov 15, 2022
Project Number: ICAAP-SWAP-8155(781)--SH-07 County: BLACK HAWK
Project Work Type: TRAFFIC SIGNALS Accounting ID: 38964
Location: In the city of Waterloo, On US 63 S, from Donald St S 1.0 miles to Newell St S14 T89 R13
Route: LOGAN AVENUE
Non -Federal Aid - Predetermined Wages are not in Effect
Page 389 of 577
IOWADOT
SMARTER I SIMPLER I CUSTOMER DRIVEN
11/22/2022 06:20:53
AASHTOWare ProjectTM Version 4.7 Revision 029
Page 2 of 4
Contract Time
Contract ID: 07-8155-781 Call Order No.: 351
Letting Date: Nov 15, 2022
Site Detailsilli
Liquidated
Damages
00 Late Start Date 09/18/2023 30 WORK DAYS $1,000.00
(*) - Indicates Cost Plus Time Site. See Schedule of Items for Cost Per Unit
Page 390 of 577
&IOWADOT
SMARTER I SIMPLER! CUSTOMER DRIVEN
Notes
11/22/2022 06:20:53
AASHTOWare ProjectTM Version 4.7 Revision 029
Page 3 of 4
Contracts ID: 07-8155-781 CaII Order No.: 351
Letting Date: Nov 15, 2022
Notes :
There are no notes for this contract.
Page 391 of 577
IOWADOT
SMARTER I SIMPLER I CUSTOMER DRIVEN
11/22/2022 06:20:53
AASHTOWare ProjectTM Version 4.7 Revision 029
Page 4 of 4
Contract Addenda
Contract ID: 07-8155-781 CaII Order No.: 351
Letting Date: Nov 15, 2022
No Addenda for this Contract.
Page 392 of 577
IOWADOT
SMARTER I SIMPLER I CUSTOMER DRIVEN
11/22/2022 06:20:53
AASHTOWare ProjectTM Version 4.7 Revision 029
Contract Specifications List Page 1 of 3
Contract ID: 07-8155-781 CaII Order No.: 351
Letting Date: November 15, 2022
Note Description
001.2015
*** STANDARD SPECIFICATIONS -- SERIES 2015 ***
The Iowa Department of Transportation STANDARD SPECIFICATIONS FOR
HIGHWAY AND BRIDGE CONSTRUCTION, SERIES 2015, plus applicable General
Supplemental Specifications, Developmental Specifications, Supplemental
Specifications AND Special Provisions shall apply to construction work on this contract.
Page 393 of 577
IOWADOT
SMARTER I SIMPLER I CUSTOMER DRIVEN
11/22/2022 06:20:53
AASHTOWare ProjectTM Version 4.7 Revision 029
Contract Specifications List Page 2 of 3
Contract ID: 07-8155-781 CaII Order No.: 351
Letting Date: November 15, 2022
005.15015.01 *** REVISIONS TO GS-15015 ***
1102.19, B, 2, Equal Employment Opportunity.
Replace the Article:
In hiring and employment practices, the absence of discrimination on the basis of race,
religion, sex, sexual orientation, gender identity, color, national origin, age, disability, or
other protected classification under Federal, state, or local law.
1102.19, B, 8, Segregated Facilities.
Replace the Article:
Employee facilities that are separated on the basis of race, religion, color, national
origin, age, sex, sexual orientation, gender identity, or disability either by explicit
directive or by fact because of habit, local custom, or any other reason. Examples of
such facilities include, but are not limited to, the following: waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, time clocks, locker
rooms, storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities. An exception to this
definition is the provision of special accommodations, such as handicapped parking
spaces, to make the workplace more accessible for those who are disabled. Separate
or single -user restrooms and necessary dressing or sleeping areas are also allowed to
assure privacy between sexes.
1102.19, C, 1, The EEO/AA Operating Statement.
Replace the first sentence:
It is the policy of this Company to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age, or disability.
1102.19, F, Personnel Actions.
Replace the first sentence:
Wages, working conditions, employee benefits, and personnel actions of every type
including hiring, upgrading, promotion, transfer, demotion, layoff, and termination shall
be made without regard to race, color, religion, sex, sexual orientation, gender identity,
national origin, age, or disability.
1102.19, D, 1, d.
Replace the second and third sentences:
The number of trainees will be determined by using the previous 3 year average of
Page 394 of 577
IOWADOT
SMARTER I SIMPLER I CUSTOMER DRIVEN
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AASHTOWare ProjectTM Version 4.7 Revision 029
Contract Specifications List Page 3 of 3
Contract ID: 07-8155-781
500.07.2022
500.2023
CaII Order No.: 351
Letting Date: November 15, 2022
work actually performed by the Contractor including all prime and subcontract work on
projects let by the Department. The Contractor shall provide the following number of
trainees while under contract on projects let by the Department:
1108.02, E, 4.
Replace the Article:
Working days will not be charged for Saturdays, Sundays, and recognized legal
holidays the Contractor does not work. Working days will be charged for Sundays and
recognized legal holidays the Contractor does work.
*** WINTER WORK ***
Winter work will be allowed during the winter of 2022/2023. No working days will be
charged between November 15, 2022 and April 1, 2023.
*** NO WINTER FREE TIME ***
The free time allowed between November 15 and April 1 will not be permitted on this
project during the winter of 2023-2024. The Contractor shall work during the winter on
all working days as defined in article 1101.03 'working day.
GS-15015 GENERAL SUPPLEMENTAL SPECIFICATIONS FOR HIGHWAY AND BRIDGE
CONSTRUCTION
Page 395 of 577
IOWADOT
SMARTER I SIMPLER I CUSTOMER DRIVEN
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AASHTOWare ProjectTM Version 4.7 Revision 029
Contract Schedule Page 1 of 1
Contract ID: 07-8155-781
Awarded Vendor: K.100 K & W ELECTRIC, INC.
SECTION 0001
Alt Set ID:
TRAFFIC SIGNAL ITEMS $162,450.00
Alt Mbr ID:
Contract Unit Price Bid Amount
Line Item Number Item Quantity
Number Item Description and Units Dollars Cents Dollars Cents
0010 2525-0000100
TRAFFIC SIGNALIZATION
0020 2528-8445110
TRAFFIC CONTROL
0030 2533-4980005
MOBILIZATION
LUMP SUM 157,000.00
LUMP SUM 3,000.00
LUMP SUM 2,450.00
Total Bid: $162,450.00
Page 396 of 577
Doc Express® Document Signing History
Contract: 07-8155-781 Document: BO 351 07-8155-781 221115 CONTRACT
This document is in the process of being signed by all required signatories using the Doc Express® service. Following are the signatures
that have occurred so far.
Date
Signed By
(Signed by Contractor)
(Local Public Agency Views and Signs Performance Bond)
(Local Public Agency Signs Contract)
(Checked by Contracts and Specifications Bureau)
(Signed by Contracts and Specifications Bureau)
(Marked Completed by Contracts and Specifications Bureau)
Page 397 of 577
CITY OF WATERLOO
Council Communication
Resolution directing filling Ward 4 City Council vacancy by appointment.
City Council Meeting: 1/3/2023
Prepared: 12/12/2022
ATTACHMENTS:
Description Type
❑ Resolution as proposed Backup Material
❑ Application Backup Material
SUBJECT: Resolution directing filling Ward 4 City Council vacancy by appointment.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Page 398 of 577
Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
RESOLUTION NO. 2022-XXX
RESOLUTION DIRECTING FILLING WARD 4 CITY
COUNCIL VACANCY BY APPOINTMENT.
WHEREAS, Jerome Amos, Jr. was elected to the office of City Council Ward 4 for a
term expiring on December 31, 2023, and
WHEREAS, on November 18, 2022, Jerome Amos, Jr. submitted written notice of his
resignation effective January 4, 2023, and
WHEREAS, the City Council has considered the alternatives to fill the position available
under Iowa Code Section 372.13(2) and has elected to fill the remaining unexpired term of said
elective office by appointment, and
WHEREAS, this resolution shall set forth the process which shall fill the vacancy by
appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the City Clerk shall give notice to the County Auditor in writing of
the intent to fill the office by appointment, publish notice of filling the vacancy by appointment
pursuant to Iowa Code Section 362.3, and that the appointment process shall be as follows:
Section 1. Individuals seeking the position shall complete an application, which
generally includes contact information, employment information, a questionnaire, and requires
the applicant submit a resume and collect twenty-four (24) signatures of residents of Ward 4 to
support the application. Applications shall be due to the Office of the City Clerk no later than
5:00 p.m. on January 3. The City Clerk shall reject any application received after the deadline.
Section 2. The City Clerk shall make available a form for residents of Ward 4 to submit
applicant interview questions. City Council members shall submit interview questions to the
City Clerk. The City Clerk shall work with the Mayor to compile a list of ten (10) to twenty (20)
interview questions based on submissions from Ward 4 residents and City Council.
Section 3. City Council shall meet in Special Session on January 9, 2023 at 5:30 p.m. in
the Harold E. Getty Council Chambers to interview applicants. Interviews shall be aired live on
the Waterloo Cable Access Channel and YouTube. The public is encourage to attend the
meeting but the City Council shall not allow public comment during the interviews. Each
applicant shall be asked the same interview questions. Applicants waiting to be interviewed shall
wait in the First Floor Conference Room, City Hall, until summoned for their interview.
Section 4. If additional time is needed for interviews, the City Council shall meet in
Special Session on January 11, 2023 at 5:30 p.m. in the Harold E. Getty Council Chambers to
interview candidates. The interviews shall follow the same process listed in Section 3.
Section 5. City Council shall meet in Special Session on January 12, 2023 at 5:30 p.m. in
the Harold E. Getty Council Chambers to nominate a candidate. The nomination process shall be
as follows:
a. The agenda shall list a motion that reads, "Motion to nominate to fill the
Ward 4 vacancy".
Page 399 of 577
Resolution 2022-XXX
Page 2
b. A Council member shall make the motion and include the name of one of the
applicants in the motion.
c. Any motion that fails to receive a second shall die. The applicant's name shall not
be put forth in a motion again unless all applicants on the list fail to receive a
second. If a motion fails due to a lack of a second, a Council member shall then
move to nominate a different applicant from the list.
d. If the motion receives a second it shall be put to a vote immediately without
debate.
e. The vote shall pass if it receives five (5) affirmative votes in favor of the motion.
f. The meeting shall adjourn following an affirmative vote.
Section 6. The City Council shall meet in Regular Session on January 17, 2023 at 5:30
p.m. in the Harold E. Getty Council Chambers to swear in the nominated applicant as the Ward 4
City Council member.
PASSED AND ADOPTED this 19th day of December 2022.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
SEAL
Page 400 of 577
CITYOF %4[4TERLO O
IOWA
Community of Opportunity
WATERLOO CITY COUNCIL VACANCY APPLICATION
Instructions: Complete the application below. Include additional sheets of paper if necessary. Deadline
to apply is no later than 5:00 p.m. on Tuesday, January 3, 2023. Any application received after the
deadline will be rejected. In addition to the application, include a resume and collect signatures of 24
eligible voters that reside in Ward 4 to support your application.
Submission: Send completed applications to the Office of the City Clerk, First Floor of City Hall, 715
Mulberry Street, Waterloo, IA 50703 or email applications to clerk@waterloo-ia.org. Any application
received after the deadline will be automatically rejected.
Name:
Address:
Phone:
Date:
Email:
Current Employer:
There are several statutory requirements to be a member of the Waterloo City Council. Please check
all boxes applicable to you:
U.S. Citizen Reside within Ward 4 18 years of age or older
Eligible to vote
1. Why do you want to represent Ward 4 on the Waterloo City Council?
City Council Vacancy Application I Page 1
Page 401 of 577
2. What are your goals and priorities for Ward 4?
3. From your conversations with residents of Ward 4, what do you believe are the top three
challenges facing Waterloo?
4. What does equity mean to you?
5. List current membership in community organizations and leadership positions held.
6. Briefly explain the experiences or qualifications that you would bring to the Waterloo City Council.
7. Briefly explain your understanding of the role of a Waterloo City Council member.
8. Potential conflicts of interests:
The general rule is that no persons who exercise or have exercised any functions or responsibilities
with respect to federally funded activities, or who are in a position to participate in the decision -
City Council Vacancy Application I Page 2
Page 402 of 577
making process or gain inside information with regard to such activities, may obtain a financial
interest or benefit from a federally —assisted activity, or have a financial interest in any contract,
subcontract, or agreement with respect to a federally -assisted activity, or with respect to the proceeds
of the federally -assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for one year thereafter.
Section 362.5 of the Code of Iowa generally prohibits, with certain important exceptions, a member of
City Council from having an interest in a City contract.
Please identify any potential conflicts between membership on City Council and your personal
interests, including financial interests and your duties to an employer. List all businesses in which
you or your spouse/domestic partner has an ownership interest (for example, sole proprietor, partner,
5% or more of corporation's stockholdings). Please contact the City Attorney at 319-291-4327 to
discuss questions or concerns regarding a potential conflict of interest.
9. Enclose current resume.
10. Collect signatures of 24 eligible voters that reside in Ward 4 to support your application. Applicants
are required to use the form provided on page 4 of this application.
11. Submission: If there are a large number of applicants, the Waterloo City Council may select a
smaller number of finalists. By submitting this application, and if selected as a finalist, you are
committing to attend a special session at 5:30 p.m. on Monday, January 9, 2023 for a public
interview.
Signature
City Council Vacancy Application I Page 3
Page 403 of 577
WATERLOO CITY COUNCIL VACANCY APPLICATION
APPOINTMENT NOMINATION SIGNATURES
Applicant Information
Name:
Address:
Office Sought: Ward:
Huulluatlon Support Sianatures
We, the undersigned eligible electors of the appropriate city and ward, in the district established by law, and the
State of Iowa, hereby support the applicant listed on this form. If the applicant named above accepts the
appointment, we believe the candidate is or will be a resident of the appropriate district established by law as
required by law. We further acknowledge this applicant is seeking to fill a vacancy on the Waterloo City Council.
SIGN YOUR NAME
HOUSE NUMBER AND STREET
CITY
DATE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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22.
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24.
City Council Vacancy Application 1 Page 4
Page 404 of 577
CITY OF WATERLOO
Council Communication
Resolution approving a request by Big Hand Pepper, LLC for the Final Plat of Edison Addition, a 32-lot
residential subdivision in the "R-1,R-P" Planned Residence District and "C-P" Planned Commercial District
located west of 420 Harwood Avenue.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
D Council P acket Backup Material
D Deed of Dedication Backup Material
D Certificate of Survey Backup Material
D Petition and Waiver Backup Material
D Contract Backup Material
D Engineering Letter Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Resolution approving a request by Big Hand Pepper, LLC for the Final Plat
of Edison Addition, a 32-lot residential subdivision in the "R-1,R-P"
Planned Residence District and "C-P" Planned Commercial District located
west of 420 Harwood Avenue.
Submitted By: Noel Anderson, Community Planning and Development
Director
The Planning and Zoning Commission unanimously recommended approval
of the Final Plat request at their meeting on December 13, 2022.
Therefore, staff recommends that the final plat for Edison Addition be
approved for the following reasons:
1. The plat would not appear to have a negative impact on the
surrounding area.
2. The plat would not appear to have a negative impact on traffic
conditions in the area.
3. The plat will create an additional infill development site in the
Primary Growth Area.
The applicant is requesting to plat the property in question for the purpose of
creating a 32-lot residential subdivision for single-family homes, located west
of 420 Harwood Avenue.
North — Residential Development, zoned "R-2, One and Two -Family
Residence District
South — Vacant Land and Commercial Development, zoned "C-1"
Neighborhood Commercial District and "C-1, C-Z" Conditional Zoning
District.
East — Commercial Development, zoned "C-1" Neighborhood Commercial
Page 405 of 577
Summary Statement:
District and residential development zoned "R-2" One and Two -Family
Residence District.
West — Commercial Development, zoned "C-1" Neighborhood Commercial
District and residential development zoned "R-2" One and Two -Family
Residence District.
The applicant is requesting a final plat for former Edison Elementary School
site that was demolished in 2017. Currently, the site is zoned "R-1,R-P"
Planned Residence District and "C-P" Planned Commercial District and has
been zoned as such since May 9, 2011. When the City took possession of
the property, the area was rezoned to encourage infill of single-family homes,
and commercial along Falls Avenue. The final plat is proposing 32 single
family homes. The 2.2+ acre park on the northeast corner is excluded from
the plat, as is the future commercial lots along Falls Avenue.
The residential layout is unique given the footprint of the former school,
locations of the infrastructure, previous platted lots, and desire to include a
park within the area to replace one that existed when it was a school.
As such, Lots 1-11 will have entrance to their lots by an improved and
named alley, Coral Drive, (26' wide) from the west. This is an existing alley
that will be hard surfaced and enlarged. The lots will face the park and public
walkway, but will be addressed and accessed from Coral Drive.
Lots 12-21 and 22-32 will have a new named alley (Axelwood Drive), for
primary access from the rear, Lots 22-32 also abut Magnolia Parkway. Lots
12-16 will also have frontage on Evergreen Avenue, but 17-21 only have
frontage from the new alley (Axelwood Drive). The existing and new alley
will be named for addressing purposes for a portion of the lots. The new
alley will be 26' wide, and paved, to accommodate garbage truck pickup,
snow plows, and emergency vehicles.
The overall design is similar to houses built on Acorn Lane in 2006, in that
development the vehicular entrance is to the rear only. There are other older
areas of town with similar setups, such as Home Park Boulevard as one
example. The design layout is to accentuate the park design, matchup with
previously platted lot locations and infrastructure placements, and create an
aesthetically pleasing new infill neighborhood. There will be four large oak
trees preserved with this design.
The 32 single-family home lots will stay in character and size with the existing
residential properties in the area which are made up primarily of one-story
and one -and -a -half -story homes.
The Planning, Programming and Zoning Commission voted to recommend
approval of the request for a site plan amendment at their January 11, 2022
meeting, and it was approved by the City Council on February 21, 2022.
The Planning, Programming and Zoning Commission approved the request
for a preliminary plat at their May 10, 2022 meeting, and it was approved by
the City Council on June 6, 2022.
A deed of dedication and engineer's certificate of survey has been submitted.
The submitted final plat appears to meet the guidelines as put forth by the
Subdivision Ordinance.
The request would not appear to have a negative impact on the surrounding
neighborhood or land use as the surrounding area is primarily single-family
homes.
Page 406 of 577
Neighborhood Impact:
The site is located along the west side of Magnolia Parkway, directly north
of Falls Avenue, and along the east side of Evergreen Avenue and south of
Bismark Avenue. Magnolia Parkway, Bismark Avenue and Evergreen Avenue
are designated as local streets. Falls Avenue is classified as a collector. There
currently is a sidewalk on the west side of Evergreen Avenue, the west side
of Magnolia Parkway, the south side of Bismark Avenue, and on the south
side of Falls Avenue. It would appear that the final plat request would not
have a negative impact upon vehicular and pedestrian traffic in the area.
Sidewalks will be required along all existing street frontages as the property
develops (adding sidewalks to the north side of Harwood Avenue, and the
east side of Evergreen Avenue). It will also eventually be added on the north
side of Falls Avenue as part of a separate commercial development.
Data/Analysis and Strategies: Subdivision Ordinance
Expenditure Required/Source of None
Funds:
THIS PLAT REPRESENTS A SURVEY OF PARCEL H
Lots Nos. 171 through 181 in First Addition to Galloway, that part of
vacated Evergreen Avenue located between Harwood Avenue and Bismark
Avenue, that part of vacated Rock Island Avenue located between Harwood
Avenue and Magnolia Parkway, that part of Harwood Avenue located
between Kirkwood Avenue and Evergreen Avenue, all being located in the
City of Waterloo, Black Hawk County Iowa, described as follows:
Beginning at the most Westerly Southwesterly corner of said Lot 171
in said First Addition to Galloway, point being a found 1"o.d. iron pipe;
thence along the West lines of said Lots Nos. 171-181 North 00°22'52"
West 440.59 feet to the Northwest corner of said Lot 181, point being a set
No. 4 rebar with maroon plastic cap #21096;
thence along the North line of said Lot 181 North 89°48' 18" East 125.09 feet
to the Northeast corner of said Lot 181, point being a found 1"o.d. iron
pipe;
thence along the South line of Bismark Avenue North 89°06' 13" East 19.91
feet to a set No. 4 rebar with maroon plastic cap #21096;
thence South 00°22'52" East 448.24 feet to a set No. 4 rebar with maroon
plastic cap #21096;
thence South 26°03'54" West 45.09 feet to the Southeasterly extension of
the Southwesterly line of said Lot 171, point being a set No. 4 rebar with
maroon plastic cap #21096;
thence along said Southeasterly extension and along said Southwesterly line
of Lot 171 North 69°15'46" West 133.91 feet to the Point of Beginning.
Containing 1.55 acres.
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record.
Note: The West lines of said Lots Nos. 171-181 are assumed to bear North
00°22'52" West for this description.
THIS PLAT REPRESENTS A SURVEY OF PARCEL I
That part of vacated Evergreen Avenue located between the Southwesterly
line of Harwood Avenue and Bismark Avenue, that parts of Lots Nos. 27
Page 407 of 577
Legal Descriptions:
and 36 in Galloway Addition, Lots Nos. 28 through 35 in said Galloway
Addition, that part of the vacated alley lying between said Lots Nos. 27
through 31 and Lots Nos. 32 through 36, that part of vacated Rock Island
Avenue located between Harwood Avenue and Magnolia Parkway, School
Lot in said Galloway Addition, that part of vacated Harwood Avenue located
between Kirkwood Avenue and Magnolia Avenue; Lots Nos. 342 through
348 in said Galloway Addition, that part of the vacated alley located between
said Lots Nos. 342 through 348 and Lots Nos. 409 through 415 in said
Galloway Addition, that part of said Lots Nos. 409 through 415 in said
Galloway Addition, all being located in the City of Waterloo, Black Hawk
County Iowa, described as follows:
Beginning at the Northwesterly comer of said Lot 342, point being a
found 1"o.d. iron pipe;
thence along the Northeasterly extension of the Northwesterly line of said
Lot 342 North 20°39'08" East 130.03 feet to a set No. 4 rebar with maroon
plastic cap #21096;
thence Northwesterly 36.74 feet along a curve concave Westerly, having a
radius of 30.0 feet, a central angle of 70° 10'09", and a long chord of North
14°25'56" West 34.49 feet to a set No. 4 rebar with maroon plastic cap
#21096;
thence North 19°37'08" East 9.33 feet to a set No. 4 rebar with maroon
plastic cap #21096;
thence North 00°23'21" West 210.0 feet to a set No. 4 rebar with maroon
plastic cap #21096;
thence North 89°36'39" East 147.27 feet to a set No. 4 rebar with maroon
plastic cap #21096;
thence Northeasterly 50.94 feet along a curve concave Southerly, having a
radius of 64.0 feet, a central angle of 45°36', and a long chord of North
66°48'39" East 49.6 feet to a set No. 4 rebar with maroon plastic cap
#21096;
thence North 89°36'39" East 93.05 feet to the East line of said Lot 36, also
being on the West line of said Magnolia Parkway, point being a set No. 4
rebar with maroon plastic cap #21096;
thence along said West line South 00°24' East 188.82 feet to the Southeast
comer of Lot 32 in said Galloway Addition, point being a found 1'/4"o.d.
iron pipe;
thence along said West line South 00°21'32" East 60.04 feet to the Northeast
comer of School Lot in said Galloway Addition, point being a found
1'/4"o.d. iron pipe;
thence along said West line South 00°21'32" East 98.83 feet to the Southeast
comer of said School Lot, point being a found 1'/4"o.d. iron pipe;
thence along the Northwesterly line of said Magnolia Parkway South
20°51'04" West 60.36 feet to the Northeasterly corner of said Lot 348, point
being a found 1'/4"o.d. iron pipe;
thence along said Northwesterly line South 20°37'42" West 124.62 feet to
the Southeasterly corner of said Lot 348, point being a found 1"o.d. iron
pipe;
thence along said Northwesterly line South 20°57'53" West 16.02 feet to the
Northeasterly corner of said Lot 409, point being a found 1"o.d. iron pipe;
thence along said Northwesterly line South 20°48'05" West 4.83 feet to a set
No. 4 rebar with maroon plastic cap #21096;
thence North 69° 17'49" West 289.22 feet to the Northwesterly line of said
Page 408 of 577
Lot 415, point being a set No. 4 rebar with maroon plastic cap #21096;
thence along said Northwesterly line and along the Southeasterly line of said
Evergreen Avenue and along the Northwesterly line of said Lot 342 North
20°39'08" East 145.87 feet to the Point of Beginning.
Containing 3.22 acres.
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record.
Note: The West line of said Lot 342 is assumed to bear North 20°39'08"
East for this description.
Page 409 of 577
December 13, 2022
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
Request by Big Hand Pepper, LLC for the Final Plat of Edison
Addition, a 32-lot residential subdivision in the "R-1,R-P" Planned
Residence District and "C-P" Planned Commercial District located
west of 420 Harwood Avenue.
Big Hand Pepper, LLC, 616 Clay Street, Cedar Falls, IA 50613
The applicant is requesting to plat the property in question for the
purpose of creating a 32-lot residential subdivision for single-family
homes, located west of 420 Harwood Avenue.
The request would not appear to have a negative impact on the
surrounding neighborhood or land use as the surrounding area is
primarily single-family homes.
The site is located along the west side of Magnolia Parkway,
directly north of Falls Avenue, and along the east side of Evergreen
Avenue and south of Bismark Avenue. Magnolia Parkway, Bismark
Avenue and Evergreen Avenue are designated as local streets.
Falls Avenue is classified as a collector. There currently is a
sidewalk on the west side of Evergreen Avenue, the west side of
Magnolia Parkway, the south side of Bismark Avenue, and on the
south side of Falls Avenue. It would appear that the final plat
request would not have a negative impact upon vehicular and
pedestrian traffic in the area. Sidewalks will be required along all
existing street frontages as the property develops (adding
sidewalks to the north side of Harwood Avenue, and the east side
of Evergreen Avenue). It will also eventually be added on the north
side of Falls Avenue as part of a separate commercial
development.
The nearest trail is the University Avenue trail located three blocks
to the south of the site. A wide sidewalk will be installed through the
development connecting between Harwood Avenue and Bismark
Avenue in what will be developed as a public park.
The area is currently zoned "R-1, R-P" Planned Residence District
"C-P" Planned Commercial District and has been zoned as such
since it was rezoned from "R-2" One and Two -Family Residence
District on May 9, 2011. Surrounding land uses and their zoning:
North — Residential Development, zoned "R-2, One and Two -
Family Residence District
South — Vacant Land and Commercial Development, zoned "C-1"
Neighborhood Commercial District and "C-1, C-Z" Conditional
Zoning District.
East — Commercial Development, zoned "C-1" Neighborhood
Commercial District and residential development zoned "R-2" One
and Two -Family Residence District.
Edison School Site — Final Plat
PSgaSt' of 577
December 13, 2022
DEVELOPMENT
HISTORY:
West — Commercial Development, zoned "C-1" Neighborhood
Commercial District and residential development zoned "R-2" One
and Two -Family Residence District.
Commercial buildings along Falls Avenue were built between 1946
and 1977. Commercial builds along Evergreen Avenue and
Magnolia Parkway were built between 1929 and 1962. Nearby
residential buildings were constructed between the 1910s and
1960s.
BUFFERS/ There will be no screening required as part of the platting.
SCREENING Screening could occur as part of the development of commercial
REQUIRED: lots to the south, when they are developed with commercial
buildings.
DRAINAGE: The applicant will need to get a drainage plan approved through
the Engineering Department.
FLOODPLAIN: The southern portion of the property is located in Zone X
(Protected by Levee) and the remaining property is not located in a
special flood hazard area as indicated by the Federal Insurance
Administration's Flood Insurance Rate Map, 19013C0188F, dated
July 18, 2011.
PUBLIC /OPEN Edison Elementary was demolished in 2017 and in the approved
SPACES/ SCHOOLS: site plan, 2.2 acres of the former school site is shown to be set
aside as a park primarily in the northeast portion of the site with a
walkway connection between Evergreen Avenue and Bismark
Avenue. Fred Becker Elementary is located 1 mile to the southwest
and Central Middle School is located 1 1/2 mile to the southwest.
UTILITIES: WATER, There is 4" drain tile underneath Falls Avenue; an 8" water main
SANITARY SEWER, along the north side of Falls Avenue; a 6" water main along the
STORM SEWER, ETC: west side of Magnolia Parkway; an 8" sewer main and 21" storm
sewer underneath Magnolia Parkway; 4" drain tile and 6" water
main underneath Evergreen Avenue; a 6" water main along the
south side of Harwood Avenue; and an 8" sewer main in between
Evergreen Avenue and Magnolia Parkway that is approximately
150' north of the south property line.
RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open
COMPREHENSIVE Spaces, Hospitals, Government Facilities, Public Areas, and
LAND USE PLAN: Airport. The site plan amendment area is located within the Primary
Growth Area. However, it should be noted that when the previous
Future Land Use Map was created the school was still operating at
the site and there was no indication at that time that the school
would be closed. The Future Land Use Map should be used as a
guide. The Future Land Use Map shows the abutting areas to the
west, east, and north as Low -Density Residential and the area
along Falls Avenue as Commercial.
Edison School Site — Final Plat
P630*If1' of 577
December 13, 2022
Picture 1: Looking west along the south side of the property.
Picture 2: Looking west from Magnolia Parkway and Rock Island Avenue.
Edison School Site — Final Plat
PSg§411 of 577
December 13, 2022
Picture 3: Looking south from Bismark Avenue at area for Park.
Picture 4: Looking south from Bismark Avenue.
Edison School Site — Final Plat
P&g§ of 577
December 13, 2022
Picture 5: Looking northeast from the corner of Harwood Avenue and Evergreen Avenue.
STAFF ANALYSIS — The applicant is requesting a final plat for former Edison
ZONING Elementary School site that was demolished in 2017. Currently, the
ORDINANCE: site is zoned "R-1,R-P" Planned Residence District and "C-P"
Planned Commercial District and has been zoned as such since
May 9, 2011. When the City took possession of the property, the
area was rezoned to encourage infill of single-family homes, and
commercial along Falls Avenue. The final plat is proposing 32
single family homes. The 2.2+ acre park on the northeast corner is
excluded from the plat, as is the future commercial lots along Falls
Avenue.
The residential layout is unique given the footprint of the former
school, locations of the infrastructure, previous platted lots, and
desire to include a park within the area to replace one that existed
when it was a school.
As such, Lots 1-11 will have entrance to their lots by an improved
and named alley, Coral Drive, (26' wide) from the west. This is an
existing alley that will be hard surfaced and enlarged. The lots will
face the park and public walkway, but will be addressed and
accessed from Coral Drive.
Lots 12-21 and 22-32 will have a new named alley (Axelwood
Drive), for primary access from the rear, Lots 22-32 also abut
Magnolia Parkway. Lots 12-16 will also have frontage on Evergreen
Avenue, but 17-21 only have frontage from the new alley
Edison School Site — Final Plat
PScga5t4' of 577
December 13, 2022
(Axelwood Drive). The existing and new alley will be named for
addressing purposes for a portion of the lots. The new alley will be
26' wide, and paved, to accommodate garbage truck pickup, snow
plows, and emergency vehicles.
The overall design is similar to houses built on Acorn Lane in 2006,
in that development the vehicular entrance is to the rear only.
There are other older areas of town with similar setups, such as
Home Park Boulevard as one example. The design layout is to
accentuate the park design, matchup with previously platted lot
locations and infrastructure placements, and create an
aesthetically pleasing new infill neighborhood. There will be four
large oak trees preserved with this design.
The 32 single-family home lots will stay in character and size with
the existing residential properties in the area which are made up
primarily of one-story and one -and -a -half -story homes.
The Planning, Programming and Zoning Commission voted to
recommend approval of the request for a site plan amendment at
their January 11, 2022 meeting, and it was approved by the City
Council on February 21, 2022. The Planning, Programming and
Zoning Commission approved the request for a preliminary plat at
their May 10, 2022 meeting, and it was approved by the City
Council on June 6, 2022.
At Tech Review, The Engineering Department indicated they are
good with the Final Plat and the Deed of Dedication, but still need
the Contract/Petition and Waiver documents.
INDEX LEGEND
Location,
SW 1/4, 22.00-13, W oterlloo, Black HAWK County, IA
915
Survey Requested By:
Proprietor'.
Suntevoi, Company &
Return To Address'
r
ass �FR q ! -C / :�.� ,_ __ -- - m m_
720' `L'N£ag�F; Q6,�,„: „4,_ "`____�/ /% - o- - o o •¢ o I�� o _.
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9�,� - Sy N69'1014"W 30.1' `SZg 4�'� `382b' o4G.0` ' 40.0 44023 40.0' 400' - d00 - 400 900 400 50.0.4
Sam; 5 I'2252 E4824 ,,
Bin Hand Pepper, LLC.
Big Hand Pepper, LLC.
Ted C_ Knew, 319239.3423
Needier Lend Surveying
914 N. EIizabem Street
Clarksville, IA 50519
FIRST ADDITION TO GALLOWAY
1.57
910
(41 fb7
N 00°22'52' W 940.59
N 00.22'52"W -4634'
165
(Jo)
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PROPOSED EASE..
(446 SETA,.E 10vl (607
TRACT B 5552 Su. F1. CORAL DRIVE
40.0Q qq 0' °:
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N w23'21" W 10.0'
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19I 'WOOD 20)0E TRACT NLO 3211'W 585' 5.2
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o o s L a FOIINn NpO.IPUSI�IC m y,p m -_�—� m 1 PRO c.,..5
IV vy— ` 1 -- m ��(TYPICAL. UNLESS NOTED OTHERWISE)
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MAGNOLIA PARKWAY I42011 <1 o.d
$ 00.24'00" E 266.56
LEGEND
---- PROPOSED BUILDING SETBACKPROPELS. PUBLIC LITT, ExIENT
SEE SHEET 2 FOR DESCRIPTION,
NOTES, &CURVE TABLE
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(TYPICAL)
GALLOWAY ADDITION
S 00.24'00" E fie 0'�
FINAL PLAT OF EDISON ADDITION, WATERLOO, IOWA
PROJECT 4: 22-111
SHEET' 1 OF
Edison School Site — Final Plat
Pgg§71f5 of 577
December 13, 2022
STAFF ANALYSIS — The final plat contains a) Legal Description, b) Property Lines and
SUBDIVISION Dimensions, c) Date; North Arrow; Scale; and Owner, d)
ORDINANCE: Easements, e) Size of individual lots, f) Street Names, and g) Deed
of Dedication
STAFF Therefore, staff recommends that the final plat for Edison Addition
RECOMMENDATION: be approved for the following reasons:
1. The plat would not appear to have a negative impact on the
surrounding area.
2. The plat would not appear to have a negative impact on
traffic conditions in the area.
3. The plat will create an additional infill development site in the
Primary Growth Area.
Edison School Site — Final Plat
Pg'gPikt' of 577
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
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Final Plat
Big Hand Pepper, LLC
Pag§917 of 577
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
BISMARK AVE
FALL
BISMARK'AVE
Park Area
BISMARK'AVE
Area of
Final Plat
BISMARK'AVE
ROCK, ISLAND AV
West of 42o Harwood
Final Plat
W
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Big Hand Pepper, LLC
Paggh 8 of 577
INDEX LEGEND
Location:
SW 1/4, 22-89-13, Waterloo, Black Hawk County, IA
Survey Requested By:
Big Hand Pepper, LLC.
Proprietor:
Big Hand Pepper, LLC.
Surveyor, Company &
Return To Address:
0
oseuwnmmani
a,kt
A
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Ted C. Hoodjer, 319-239-3423
Hoodjer Land Surveying
414 N. Elizabeth Street
Clarksville, IA 50619
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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 I am a duly
licensed Land Surveyor under the laws of the State of Iowa.
•
TED C. HOODJER DATE
License Number 21096
My license renewal date is December 31, 2023.
All Pages or sheets are covered by this seal except:
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IN EDISON ADDITION
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LEGEND
---- PROPOSED BUILDING SETBACK
PROPOSED PUBLIC UTILITY EASEMENT
SEE SHEET 2 FOR DESCRIPTION,
NOTES, & CURVE TABLE
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FJN/ P $T OF EDISON ADDITION, WATERLOO, IOWA
PROJECT #: 22-111
SHEE61 1 OF 2
EDISON ADDITON DESCRIPTION
Parcel H and Parcel I, as described in Plat of Survey recorded in File 2022-00023300 in the Office of the Black Hawk
County Recorder, located in the SE 1/4 Quarter (SE 1/4) of Section 22, Township 89 North, Range 13 West of the Fifth
Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa.
Surveyor
Ted C. Hoodjer, PLS
Hoodjer Land Surveying
414 N. Elizabeth Street
Clarksville, IA 50619
Current Zoning
R-1, R-P
(One & Two Family Residential)
Closure
Subdivision boundary is within the
1:10,000 error of closure requirement.
All lots boundarys are within the
1:5,000 error of closure requirement.
Developer & Owner of Record
Big Hand Pepper, L.L.C.
616 Clay Street
Cedar Falls, IA 50613
Proposed Zoning
R-1, R-P
(One & Two Family Residential)
Min. yard setbacks as shown
on sheet 4
Tract Notes
Tract A shall be reserved for street right of way (Axlewood Drive).
Tract B shall be reserved for street right of way.
(added to existing Alley to make Coral Drive).
CURVE
RADIUS
LENGTH
CHORD
DELTA
C1
30.0'
6.47'
N 14°28'18" E 6.46'
12°21'41"
C2
30.0'
30.27'
S 20°36'47" E 29.0'
57°48'28"
C3
30.0'
10.35'
N 59°24'08" W 10.3'
19°46'14"
C4
36.0'
56.55'
S 24°17'49" E 50.91'
90°00'00"
C5
236.0'
8.98'
S 19°36'49" W 8.97'
2°10'44"
C6
236.0'
58.86'
S 11°22'47" W 58.7'
14°17'20"
C7
236.0'
19.05'
S 01°55'23" W 19.04'
4°37'29"
C8
264.0'
20.99'
S 18°25'33" W 20.98'
4°33'17"
C9
264.0'
34.02'
S 12°27'23" W 34.0'
7°23'03"
C10
264.0'
34.02'
S 05°04'20" W 34.0'
7°23'03"
C11
264.0'
8.15'
N 00°29'44" E 8.15'
1°46'10"
C12
64.0'
49.6'
N 21°48'39" E 48.36'
44°24'00"
C13
64.0'
50.94'
S 66°48'39" W 49.6'
45°36'00"
C14
36.0'
56.55'
S 44°36'39" W 50.91'
90°00'00"
\\Ali
N0 D J FR
LAND SURVEYING
www. hoodjerlandsurveying.com
Pag
DEED OF DEDICATION
OF
EDISON ADDITION,
WATERLOO, IOWA
KNOW ALL MEN BY THESE PRESENTS:
That Big Hand Pepper, LLC, an Iowa limited liability company, with its principal
office in Cedar Falls, Iowa; being desirous of setting out and platting into lots and streets the land
described in the attached Certificate of Survey by Ted C. Hoodjer, a Licensed Land Surveyor,
dated day of , 2022, does by these presents designate and set apart the
aforesaid premises as a subdivision of the City of Waterloo, Iowa the same to be known as:
EDISON ADDITION,
WATERLOO, IOWA
all of which is with the free consent and the desire of the undersigned and the undersigned do
hereby designate and set apart for public use the street(s) as shown upon the attached plat.
EASEMENTS
The undersigned do hereby grant and convey to the City of Waterloo, Iowa, its successors
and assigns, and to any private corporation, firm or person furnishing utilities for the
transmission and/or distribution of water, sanitary sewer, gas, electricity, communication service
or cable television, perpetual easements for the erection, laying building and maintenance of said
services and storm sewers and drainageways over, across, on and/or under the property as shown
on the attached plat.
RESTRICTIONS
Be it also known that the undersigned do hereby covenant and agree for themselves and
their successors and assigns that each and all of the residential lots in said subdivision be and the
same are hereby made subject to the following restrictions upon their use and occupancy as fully
and effectively to all intents and purposes as if the same were contained and set forth in each
deed of conveyance or mortgage that the undersigned or their successors in interest may
hereinafter make for any of said lots and that such restrictions shall run with the land and with
each individual lot thereof for the length of time and in all particulars hereinafter stated, to -wit:
1. Any dwelling that shall be erected on any lot shall have a minimum setback from the
front of the lot line of 20 feet. The minimum set back from each side lot line is 5 feet unless
otherwise noted on the Plat. All minimum setbacks will be required to meet or exceed R-1 R-P
Zoning.
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Pagn1 of 577
2. No single family dwelling shall be constructed, permitted or occupied on any lot
herein having a square footage floor space, designed, intended, and constructed for living
quarters, which space shall not include cellars, attics, garages, breezeways, porches, stoops, and
other such non -living areas, of less than the following requirements:
A. 900 square feet for the main base of a single story, split-level or split -foyer houses.
B. 600 square feet on the first floor for story and one-half houses, or two story houses.
With a total for all floors not less than 1,150 square feet excluding the basement level.
3. Each single family residence shall have a minimum of a two stall attached garage
with a minimum of 400 square feet.
4. The owner(s) of each lot, vacant or improved, shall keep their lot or lots free of weeds
and debris.
5. No obnoxious or offensive trade or activity shall be carried on upon any lot nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
6. All approaches and driveways in said subdivision shall be paved with concrete.
7. No old or used buildings shall be moved upon any of the lots in said subdivision for
any purpose. Any auxiliary buildings or sheds must be built of the same or similar materials of
the residential structure on the lot and have the same roof pitch and design as said residential
structure.
8. No radio station or short -wave operators of any kind shall operate from any lot which
shall cause interference with audio or visual reception upon any other lot. No exterior radio
antenna shall be erected or maintained in or on the property. No satellite TV antenna or "Dish"
may be maintained, constructed or erected on any lot unless it is constructed in the rear yard and
at least twenty feet from any property line and is shielded from the public view by shrubbery and
landscaping. No dish larger than 24" will be allowed.
9. No dwelling on any lot of said subdivision shall be occupied until the exterior is
completed and finished and the interior substantially completed and finished and until an
occupancy permit is issued by the City of Waterloo.
10. No bus, semi -tractor, RV, fifth -wheel camper, trailer or truck of any kind except what
is commonly described as a "pick-up truck" shall be kept or parked on any lot or street in said
subdivision for a period not to exceed twenty-four hours, after which said vehicle can not return
to said subdivision for a period of five days, provided, however, that this prohibition shall not
U:\bkayser\Wpdocs\real estate\Big Hand Pepper\deed of dedication.doc Page 2
Pag@l22 of 577
apply to such vehicles driven in said subdivision in pursuit of and in conducting their usual
business.
11. All buildings erected on any lot in said subdivision shall be constructed in accordance
with the Building, Plumbing, and Electrical Codes of the City of Waterloo, Iowa.
12. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot,
except that two dogs or cats maximum, or other household pets are allowed and then only if they
are not kept, bred or maintained for any commercial purposes, such animals shall be kept under
control so as not to constitute a public nuisance and must be kept in compliance with applicable
zoning laws and regulations of the City of Waterloo, Black Hawk County, Iowa. Dog runs or dog
kennels of any kind are prohibited.
13. Construction of any privacy fencing must have the support posts on the interior side
of the fencing.
14. Tracts "A" & "B" are conveyed herein to the City of Waterloo for street purposes.
15. A four foot wide P.C.C. sidewalk four inches thick will be installed at the front of all
lots by the owner of said lot during or immediately after the construction of the residence on any
particular lot, or within five years after the date the plat is filed in the office of the recorder of
Black Hawk County, whichever is sooner and that the sidewalk be across the full width of the lot
and on corner lots also. In the event that the City is required to construct the sidewalk, a lien or
liens may only be imposed against the lot or lots which require city construction and no others in
the subdivision. The City will be responsible for constructing and maintaining the six foot
P.C.C. sidewalk on the City owned park adjacent to Lots 1-11 and 17-21.
16. No building or structure shall be erected, placed or altered on any lot in this
subdivision until the building plans, and plot plan, showing all buildings, patios, and pools, and
showing the location thereof, and side yard distances, rear yard distances, front yard distances,
driveways, and walkways, and type of construction have been approved in writing as to
conformity and harmony of the external design and quality workmanship and materials with
existing structures in the subdivision by a representative of Big Hand Pepper, LLC.
17. Factory -built housing or modular homes will not be allowed. Panelized homes may
be allowed, but must meet the requirements of Big Hand Pepper, LLC, as stated in the previous
restriction.
18. The Owner and/or occupant of each Lot shall jointly and severally be responsible to
keep in good order or to maintain the area between the curbline and the property line abutting
their property including keeping said area free of holes, pitfalls, stumps of trees, fences, brick,
stone, cement, stakes, posts or rods to which a metal, plastic or similar receptacle designed to
hold newspapers are affixed, private irrigation or sprinkler systems, retaining walls, landscaping
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Pag@23 of 577
brick, block, stone, timber or other similar material, or any other similar obstructions. All
mailboxes shall be clustered or grouped for the units, and shall be placed per agreed locations
between the Developer and USPS.
19. The contractor or owner of any lot shall verify the depth of the sanitary sewer service
line serving said lot to insure minimum drainage will be met prior to any footing or foundation
work being completed. All sump pump lines must be buried and attached to the subdrain along
the back of the P.C.C. curbed street. No sump lines will be allowed to dump directly onto the
ground surface.
20. Any and all drainage easements will be required to follow the "Stormwater
Management Plan" and no building structures, fence structures, landscaping structures, private
gardens or any other possible obstruction can be built in and over said drainage easements. All
lot owners and/or contractors working on said lots will be responsible to maintain said easements
to be free and clear of any physical obstruction(s) thus allowing the conveyance of overland
storm water runoff as intended per "Stormwater Management Plan" on record with the City of
Waterloo Engineer's Office.
PUBLIC IMPROVEMENTS REQUIRED IN PLAT
1. The Street(s) shown on the attached plat, and referred to as Tracts "A" and "B", will
be brought to City grade and that the street will be twenty-six (26) feet, , with approved hard
surface pavement in accordance with the City of Waterloo, Standard Specifications unless
otherwise specified as per approved construction plans.
2. Sanitary sewer, together with the necessary manholes and sewer service lines to all
lots in the plat will be provided.
3. That underground utilities, as required by the Subdivision Ordinance of the City of
Waterloo, Iowa, shall be installed.
4. That City water will be provided to all lots as required by the Waterloo Municipal
utilities.
5. That municipal fire hydrant(s) will be provided as required by the Waterloo Public
Safety Department.
6. That storm sewer will be provided as specified by the City Engineer.
7. That handicap ramps will be provided as required by law and as directed by the City
Engineer.
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Pag@24 of 577
8. That the work improvements called herein shall be in accordance with the
specifications of the City of Waterloo, Iowa, and performed under the supervision of a civil
engineer registered in the State of Iowa. In the event that the developer, Big Hand Pepper, LLC,
its grantees and assigns fail to complete said work and improvements called for within one (1)
year from the date of the acceptance of said final plat by the City of Waterloo, Iowa, the City
may then make improvements and assess the costs of the same to the respective lots. The
undersigned, for themselves, their successors, grantees and assigns, waive all statutory
requirements of notice of time and place of hearing and agree that the City may install said
improvements and assess the total costs thereof against the respective lots.
9. That the City may perform said work, levy the cost thereof as assessments, and the
undersigned agree that said assessments so levied shall be a lien on the respective lots with the
same force and effect as though all legal provisions pertaining to the levy of such special
assessments have been observed, and further authorize the City Clerk to certify such assessments
to the County Auditor as assessments to be paid in installments as provided by law.
10. The Developer shall construct and install all required public improvements within the
subdivision plat, to conform with approved construction plans which meet the specifications of
the City of Waterloo, Iowa. Such required public improvements shall meet the following
requirements:
(a) Shall be constructed and installed in a good and workmanlike manner;
(b) Shall be free of defects in workmanship or materials;
(c) Shall be free of any conditions that could result in structural or other failure of
said improvements;
(d) Shall be constructed and installed in accordance with the design standards and
technical standards established for such public improvements by the City and by Waterloo
Utilities;
(e) Shall be constructed and installed in strict compliance with the minimum
acceptable specifications for the construction of public improvements set forth in the Waterloo
Code of Ordinances, including without limitation, Chapter 24, Subdivisions, and as such
specifications shall be recommended for approval by the City Engineer from time to time, and
approved by the city council.
11. The undersigned and all persons and entities hereafter acquiring any right, title, or
interest in any of the lots in said Addition shall be taken and held to have agreed and covenanted
with the owners of all other lots in this Addition and with the respective successors and assigns
of all of the rest of such other lots to conform to and observe all of the foregoing covenants,
restrictions, and stipulations as to the construction of building thereon, for a period of 21 years
from the date of filing of said plat, and this deed of dedication for record. Within the period of 21
years and in accordance with Iowa Code § 614.24 and § 614.25 or their successor provisions,
these covenants, restrictions, and stipulations may be extended for an additional period of 21
years upon compliance with § 614.24 and § 614.25 of the Code of Iowa. In the event an
extension of the covenants, restrictions, and stipulations is not filed within the period of 21 years
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Pag@725 of 577
or successive 21-year periods, then the covenants, restrictions, and stipulations contained herein
shall terminate at the end of the existing period of 21 years.
The Developer's construction plans are now on file in the Office of the City Engineer.
SIGNED and DATED this day of , 2022.
Big Hand Pepper, LLC
Kevin Fittro, Manager
STATE OF IOWA, BLACK HAWK COUNTY: ss
On this day of , 2022, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Kevin Fittro, Manager of Big Hand Pepper,
LLC, to me known as the identical persons named in and who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed on behalf of Big
Hand Pepper, LLC.
Notary Public in and for the State of Iowa
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PagM6 of 577
CERTIFICATE OF SURVEY
EDISON ADDITION
CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA
I certify that during the months of April through December, 2022, at the direction of Big Hand Pepper, LLC, a
survey was made, under my supervision, of the tract of land to be known as "Edison Addition", as shown
on the attached plat, and the boundary of which is descrbed as follows:
Parcel H and Parcel I, as described in Plat of Survey recorded in File 2022-00023300 in the Office of the
Black Hawk County Recorder, located in the SE 1/4 Quarter (SE 1/4) of Section 22, Township 89 North,
Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa.
I further certify that the Plat as shown is a correct representation of the survey and all corners are marked as
indicated.
Ted C. Hoodjer, PLS #21096 Date
Subscribed and sworn before me this day of December, 2022.
Notary Public, in and for State of Iowa
\\Ali/
N0'l FR
LAND SURVEYING
,�
www. hoodjerlandsurveying .com
CITY 01 WAIERLOO PLANNING AND ZONING COMNII SIGN
REQUEST FOR PLATTING (FINAL)
1 _ APpLI CAr1ON INFO MAT N:
a. Applicant's Name — BLLgirvs name ifapp[i ble(pk ae print) BIg Hand Pepper, L L,C
Address: E3fs clay. SL Ph,om 319-493-poiC
ity; edm Polity _ Statue 44 Zip: 613 Email: ke�rin.idtro ventheitionebLnlae�ri.corn
b, Status of Applicant: (a) Owner if ) Other (CHECK ONE): If other explain:
c, Property Owner's Name if different than above (please print)!
Address.; Phone:
City! State:
P$EPAI E . 1 1 )LMA.110N (lice: d bn cy rk
a. P'mparer's Business Name (please print): NoodJeir Larb SLArweyiN
Primary Preparer's Norse; Ted Ficiodler
phone: ay 3a2a E-mail_ hoaalerlst rrralktinnti
3_ OP EI Y INFU MA'1IPN:
a. Nome of Plat: Edfeon Addit►orr
b- Ocoral Location f Property- Ellttwituni Fella Am 1a Narrork Ave, ark las6irverr K&k+wodAim Lisigncia Noy.
c. Area of Proposed PL :1_76 AC--
d, Arcs of Propn5ed Plat to be is ated/eort eyed to the City: OM AC +i
C. Wilue of area to be dedicated iconveycd to the city: 5a70. .0 -
f Zoning Dist'. ict(s): R-P
4. OTHER DOCQ IENrATION
a. Date of Preliminary Plat Approval: PitZ 030r.r2022 City Coumi[ N4612E122
b_ Six (6) eopim of the Final flat which are in conforir,orwo with Section 1 ] -3-3 gibe Subdivision Ord.
(also submit a digital copy of the plat in PDF format)
c. Three (3) copies of Deed of Dedication tion (must be original signatures)
d Three (3) copies of all Comma, Petition and Waiver fiirtns (must be original signatures)
Three(3) copies of Certificate of Survey (must be orijinal Signatures)
5, PUBLIC IP4PRC ht dT ENT
a_ Costs for any public improvements: Estimate V Actual
TOOCot
Storm S r .s7e,000
SaroiCory Sewer $ 3 ,7Ea
Paving $ 255.500
Lard Dad icatcd
TOTAL S s7o,250
The Requwl fee of S215 + $10 per lm (payabft to the City of Waterloo) is rcgeiired. 'Ilk fee is non-refiiidabIr. Under no
condition Rhai1 sand stun or any part thtreof be refunded for failure of said request to he approved. Any Major change in any of
the inft motion given will require that the regipest go back through the prooas, with a new Request Fee. Thy undanigived eert ify
u74der oath and penalty of perjury dial a[I in fnna#ion on this request and Bute itled along with it is true and cornea, A]]
information will ix 4kSed. by the Waterloo Planning, Frccgramming, and Zoning Commission and the Waterloo City Council in
making their decision_ The undersigned authorize City Luning Officials to enter the property in question in regards to the
request
$ignaLura of Apppfor nt
fate
Pag7Q28 of 577
DEED OF DEDICATION
OF
EDISON ADDITION,
WATERLOO, IOWA
KNOW ALL MEN BY THESE PRESENTS:
That Big Hand Pepper, LLC, an Iowa limited liability company, with its principal
office in Cedar Falls, Iowa; being desirous of setting out and platting into lots and streets the land
described in the attached Certificate of Survey by Ted C. Hoodjer, a Licensed Land Surveyor,
dated day of , 2022, does by these presents designate and set apart the
aforesaid premises as a subdivision of the City of Waterloo, Iowa the same to be known as:
EDISON ADDITION,
WATERLOO, IOWA
all of which is with the free consent and the desire of the undersigned and the undersigned do
hereby designate and set apart for public use the street(s) as shown upon the attached plat.
EASEMENTS
The undersigned do hereby grant and convey to the City of Waterloo, Iowa, its successors
and assigns, and to any private corporation, firm or person furnishing utilities for the
transmission and/or distribution of water, sanitary sewer, gas, electricity, communication service
or cable television, perpetual easements for the erection, laying building and maintenance of said
services and storm sewers and drainageways over, across, on and/or under the property as shown
on the attached plat.
RESTRICTIONS
Be it also known that the undersigned do hereby covenant and agree for themselves and
their successors and assigns that each and all of the residential lots in said subdivision be and the
same are hereby made subject to the following restrictions upon their use and occupancy as fully
and effectively to all intents and purposes as if the same were contained and set forth in each
deed of conveyance or mortgage that the undersigned or their successors in interest may
hereinafter make for any of said lots and that such restrictions shall run with the land and with
each individual lot thereof for the length of time and in all particulars hereinafter stated, to -wit:
1. Any dwelling that shall be erected on any lot shall have a minimum setback from the
front of the lot line of 20 feet. The minimum set back from each side lot line is 5 feet unless
otherwise noted on the Plat. All minimum setbacks will be required to meet or exceed R-1 R-P
Zoning.
U:\bkayser\Wpdocs\real estate\Big Hand Pepper\deed of dedication.doc Page 1
Page 429 of 577
2. No single family dwelling shall be constructed, permitted or occupied on any lot
herein having a square footage floor space, designed, intended, and constructed for living
quarters, which space shall not include cellars, attics, garages, breezeways, porches, stoops, and
other such non -living areas, of less than the following requirements:
A. 900 square feet for the main base of a single story, split-level or split -foyer houses.
B. 600 square feet on the first floor for story and one-half houses, or two story houses.
With a total for all floors not less than 1,150 square feet excluding the basement level.
3. Each single family residence shall have a minimum of a two stall attached garage
with a minimum of 400 square feet.
4. The owner(s) of each lot, vacant or improved, shall keep their lot or lots free of weeds
and debris.
5. No obnoxious or offensive trade or activity shall be carried on upon any lot nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
6. All approaches and driveways in said subdivision shall be paved with concrete.
7. No old or used buildings shall be moved upon any of the lots in said subdivision for
any purpose. Any auxiliary buildings or sheds must be built of the same or similar materials of
the residential structure on the lot and have the same roof pitch and design as said residential
structure.
8. No radio station or short -wave operators of any kind shall operate from any lot which
shall cause interference with audio or visual reception upon any other lot. No exterior radio
antenna shall be erected or maintained in or on the property. No satellite TV antenna or "Dish"
may be maintained, constructed or erected on any lot unless it is constructed in the rear yard and
at least twenty feet from any property line and is shielded from the public view by shrubbery and
landscaping. No dish larger than 24" will be allowed.
9. No dwelling on any lot of said subdivision shall be occupied until the exterior is
completed and finished and the interior substantially completed and finished and until an
occupancy permit is issued by the City of Waterloo.
10. No bus, semi -tractor, RV, fifth -wheel camper, trailer or truck of any kind except what
is commonly described as a "pick-up truck" shall be kept or parked on any lot or street in said
subdivision for a period not to exceed twenty-four hours, after which said vehicle can not return
to said subdivision for a period of five days, provided, however, that this prohibition shall not
U:\bkayser\Wpdocs\real estate\Big Hand Pepper\deed of dedication.doc Page 2
Page 430 of 577
apply to such vehicles driven in said subdivision in pursuit of and in conducting their usual
business.
11. All buildings erected on any lot in said subdivision shall be constructed in accordance
with the Building, Plumbing, and Electrical Codes of the City of Waterloo, Iowa.
12. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot,
except that two dogs or cats maximum, or other household pets are allowed and then only if they
are not kept, bred or maintained for any commercial purposes, such animals shall be kept under
control so as not to constitute a public nuisance and must be kept in compliance with applicable
zoning laws and regulations of the City of Waterloo, Black Hawk County, Iowa. Dog runs or dog
kennels of any kind are prohibited.
13. Construction of any privacy fencing must have the support posts on the interior side
of the fencing.
14. Tracts "A" & "B" are conveyed herein to the City of Waterloo for street purposes.
15. A four foot wide P.C.C. sidewalk four inches thick will be installed at the front of all
lots by the owner of said lot during or immediately after the construction of the residence on any
particular lot, or within five years after the date the plat is filed in the office of the recorder of
Black Hawk County, whichever is sooner and that the sidewalk be across the full width of the lot
and on corner lots also. In the event that the City is required to construct the sidewalk, a lien or
liens may only be imposed against the lot or lots which require city construction and no others in
the subdivision. The City will be responsible for constructing and maintaining the six foot
P.C.C. sidewalk on the City owned park adjacent to Lots 1-11 and 17-21.
16. No building or structure shall be erected, placed or altered on any lot in this
subdivision until the building plans, and plot plan, showing all buildings, patios, and pools, and
showing the location thereof, and side yard distances, rear yard distances, front yard distances,
driveways, and walkways, and type of construction have been approved in writing as to
conformity and harmony of the external design and quality workmanship and materials with
existing structures in the subdivision by a representative of Big Hand Pepper, LLC.
17. Factory -built housing or modular homes will not be allowed. Panelized homes may
be allowed, but must meet the requirements of Big Hand Pepper, LLC, as stated in the previous
restriction.
18. The Owner and/or occupant of each Lot shall jointly and severally be responsible to
keep in good order or to maintain the area between the curbline and the property line abutting
their property including keeping said area free of holes, pitfalls, stumps of trees, fences, brick,
stone, cement, stakes, posts or rods to which a metal, plastic or similar receptacle designed to
hold newspapers are affixed, private irrigation or sprinkler systems, retaining walls, landscaping
U:\bkayser\Wpdocs\real estate\Big Hand Pepper\deed of dedication.doc Page 3
Page 431 of 577
brick, block, stone, timber or other similar material, or any other similar obstructions. All
mailboxes shall be clustered or grouped for the units, and shall be placed per agreed locations
between the Developer and USPS.
19. The contractor or owner of any lot shall verify the depth of the sanitary sewer service
line serving said lot to insure minimum drainage will be met prior to any footing or foundation
work being completed. All sump pump lines must be buried and attached to the subdrain along
the back of the P.C.C. curbed street. No sump lines will be allowed to dump directly onto the
ground surface.
20. Any and all drainage easements will be required to follow the "Stormwater
Management Plan" and no building structures, fence structures, landscaping structures, private
gardens or any other possible obstruction can be built in and over said drainage easements. All
lot owners and/or contractors working on said lots will be responsible to maintain said easements
to be free and clear of any physical obstruction(s) thus allowing the conveyance of overland
storm water runoff as intended per "Stormwater Management Plan" on record with the City of
Waterloo Engineer's Office.
PUBLIC IMPROVEMENTS REQUIRED IN PLAT
1. The Street(s) shown on the attached plat, and referred to as Tracts "A" and "B", will
be brought to City grade and that the street will be twenty-six (26) feet, , with approved hard
surface pavement in accordance with the City of Waterloo, Standard Specifications unless
otherwise specified as per approved construction plans.
2. Sanitary sewer, together with the necessary manholes and sewer service lines to all
lots in the plat will be provided.
3. That underground utilities, as required by the Subdivision Ordinance of the City of
Waterloo, Iowa, shall be installed.
4. That City water will be provided to all lots as required by the Waterloo Municipal
utilities.
5. That municipal fire hydrant(s) will be provided as required by the Waterloo Public
Safety Department.
6. That storm sewer will be provided as specified by the City Engineer.
7. That handicap ramps will be provided as required by law and as directed by the City
Engineer.
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Page 432 of 577
8. That the work improvements called herein shall be in accordance with the
specifications of the City of Waterloo, Iowa, and performed under the supervision of a civil
engineer registered in the State of Iowa. In the event that the developer, Big Hand Pepper, LLC,
its grantees and assigns fail to complete said work and improvements called for within one (1)
year from the date of the acceptance of said final plat by the City of Waterloo, Iowa, the City
may then make improvements and assess the costs of the same to the respective lots. The
undersigned, for themselves, their successors, grantees and assigns, waive all statutory
requirements of notice of time and place of hearing and agree that the City may install said
improvements and assess the total costs thereof against the respective lots.
9. That the City may perform said work, levy the cost thereof as assessments, and the
undersigned agree that said assessments so levied shall be a lien on the respective lots with the
same force and effect as though all legal provisions pertaining to the levy of such special
assessments have been observed, and further authorize the City Clerk to certify such assessments
to the County Auditor as assessments to be paid in installments as provided by law.
10. The Developer shall construct and install all required public improvements within the
subdivision plat, to conform with approved construction plans which meet the specifications of
the City of Waterloo, Iowa. Such required public improvements shall meet the following
requirements:
(a) Shall be constructed and installed in a good and workmanlike manner;
(b) Shall be free of defects in workmanship or materials;
(c) Shall be free of any conditions that could result in structural or other failure of
said improvements;
(d) Shall be constructed and installed in accordance with the design standards and
technical standards established for such public improvements by the City and by Waterloo
Utilities;
(e) Shall be constructed and installed in strict compliance with the minimum
acceptable specifications for the construction of public improvements set forth in the Waterloo
Code of Ordinances, including without limitation, Chapter 24, Subdivisions, and as such
specifications shall be recommended for approval by the City Engineer from time to time, and
approved by the city council.
11. The undersigned and all persons and entities hereafter acquiring any right, title, or
interest in any of the lots in said Addition shall be taken and held to have agreed and covenanted
with the owners of all other lots in this Addition and with the respective successors and assigns
of all of the rest of such other lots to conform to and observe all of the foregoing covenants,
restrictions, and stipulations as to the construction of building thereon, for a period of 21 years
from the date of filing of said plat, and this deed of dedication for record. Within the period of 21
years and in accordance with Iowa Code § 614.24 and § 614.25 or their successor provisions,
these covenants, restrictions, and stipulations may be extended for an additional period of 21
years upon compliance with § 614.24 and § 614.25 of the Code of Iowa. In the event an
extension of the covenants, restrictions, and stipulations is not filed within the period of 21 years
U:\bkayser\Wpdocs\real estate\Big Hand Pepper\deed of dedication.doc Page 5
Page 433 of 577
or successive 21-year periods, then the covenants, restrictions, and stipulations contained herein
shall terminate at the end of the existing period of 21 years.
The Developer's construction plans are now on file in the Office of the City Engineer.
SIGNED and DATED this day of , 2022.
Big Hand Pepper, LLC
Kevin Fittro, Manager
STATE OF IOWA, BLACK HAWK COUNTY: ss
On this day of , 2022, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Kevin Fittro, Manager of Big Hand Pepper,
LLC, to me known as the identical persons named in and who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed on behalf of Big
Hand Pepper, LLC.
Notary Public in and for the State of Iowa
U:\bkayser\Wpdocs\real estate\Big Hand Pepper\deed of dedication.doc Page 6
Page 434 of 577
CERTIFICATE OF SURVEY
EDISON ADDITION
CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA
I certify that during the months of April through December, 2022, at the direction of Big Hand Pepper, LLC, a
survey was made, under my supervision, of the tract of land to be known as "Edison Addition", as shown
on the attached plat, and the boundary of which is descrbed as follows:
Parcel H and Parcel I, as described in Plat of Survey recorded in File 2022-00023300 in the Office of the
Black Hawk County Recorder, located in the SE 1/4 Quarter (SE 1/4) of Section 22, Township 89 North,
Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa.
I further certify that the Plat as shown is a correct representation of the survey and all corners are marked as
indicated.
Ted C. Hoodjer, PLS #21096 Date
Subscribed and sworn before me this day of December, 2022.
Notary Public, in and for State of Iowa
\ \ \\Ali ,
N0'I FR
,
LAND SURVEYING
,,�
www.hoodjerlandsurveying_com
Page
PETITION AND WAIVER
THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called
the City, and the undersigned property owners in said City, hereinafter called the Property Owners, WITNESSETH:
WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite
their names; and,
WHEREAS, the City proposes to construct improvements in said
City; and
WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their
respective properties hereinafter described opposite their names, the general description and location of said
improvements being as follows:
(INSERT DESCRIPTION)
The properties to be assessed are described as follows:
(INSERT PROPERTIES TO BE ASSESSED)
NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS:
As soon as practicable the City shall have the right to cause said above described improvements to be
constructed in accordance with in all respects, with such plans and specifications for the above described
improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of
a civil engineer registered in the state of Iowa.
For the purpose hereinbefore set out, the City may elect to enter into contract for the construction of said
improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids
done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of
Iowa.
In consideration of the construction of the said improvement, the undersigned Property Owners hereby
waive the Resolution of Necessity and publication of Notice thereof, the Resolution ordering the work, the
advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or
character required by the laws of Iowa to be observed by cities in the construction of said improvements where the
expense of such improvements is to be assessed against the abutting or adjacent property. The undersigned Property
Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property
Owners being to authorize and direct said City to construct the said improvement without any of the formalities or
legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention
of each of the undersigned Property Owners being that said above described improvements shall be constructed as
aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed.
It is further agreed that said City may make a contract for construction of the above described
improvements, as herein provided and that when said improvements have been constructed in accordance with the
plans and specifications for the said improvements, to be adopted by the council, that said city by and through its
Council may make assessments against the properties of the undersigned Property Owners for the entire cost of the
construction of said improvements, including the cost of engineering, supervision, and preparation of assessment
schedule, and that said assessments so made shall be a lien upon the properties hereinafter described of the
undersigned Property Owners, and each of the undersigned Property Owners hereby agrees to pay the amount which
is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal
formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the
undersigned Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be
paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special
assessments for such improvements.
Petition and Waiver Page 1 of 2
Page 436 of 577
The amount and proportion of the cost of said improvements, to be paid by the several Property Owners,
shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make
such changes or alterations in said assessment as should be made and when said assessments are finally passed by
the Council and by it levied, they shall constitute the assessments against the said properties in all respects and with
all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been
fully observed. Said assessments shall be paid by the undersigned Property Owners within the time provided by law
for the payment of special assessments for such improvements, and improvement bonds may be issued by the City
payable out of said assessments. Said Property Owners hereby authorize the Council of the City of Waterloo, Iowa,
to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction
of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any
of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council
without petition of property owners, without in any way qualifying this petition or releasing the Property Owners
from their obligation to pay the assessments levied against their property for the cost of said improvements.
Each Property Owner warrants that his real estate described below is free and clear of all liens and
encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and
designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any
part of his said property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of
the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and
consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto.
Property Owners agree that this Petition and Waiver shall be effective and binding from and after the
approval hereof by resolution of the City Council.
IN WITNESS WHEREOF, we have hereunto affixed our signature this day of
20
STATE OF IOWA )
SS
BLACK HAWK COUNTY)
(SIGNATURE OF PROPERTY OWNER)
Name
By:
(SIGNATURE OF LIENHOLDER)
Name
On this day of , 20 , before me,
, a Notary Public, in and for the County of Black Hawk, State of Iowa,
personally appeared
To me known to be the person(s) named in and who executed the foregoing instrument and acknowledged that he
(they) executed the same as his (their) voluntary act and deed.
NOTARY PUBLIC IN AND FOR BLACK HAWK
COUNTY, IOWA.
Petition and Waiver Page 2 of 2
Page 437 of 577
CONTRACT
This Agreement entered into this day of , 20 , by the City of Waterloo,
Iowa, hereinafter referred to as First Party and
, hereinafter referred to as Second Party.
THAT WHEREAS, the Second Party has filed with the City Planning, Programming, and Zoning
Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo,
Iowa, and
WHEREAS, said addition is to be known as , and
WHEREAS, it is the desire of the City Council of the City of Waterloo, Iowa, that sanitary sewers, storm
sewers, curb and gutter, street paving and concrete sidewalks be installed throughout said addition and that the
streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all
work above referred to be done under the supervision and direction of a civil engineer registered in the state of
Iowa, and
WHEREAS, Second Party is unable to complete the installation of said above referred to improvements
and the grading of the streets in said addition at this time and desire, in lieu of completion of said improvements to
enter into this Agreement with the City of Waterloo, Iowa, providing for the completion of said improvements
within a fixed period of time.
NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of
the City of Waterloo, Iowa, of the above -described final plat, Second Party at its sole expense, agrees to bring the
streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City
Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers,
curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed
with the City Planning, Programming, and Zoning Commission and with the City Clerk of Waterloo, Iowa, and it is
further agreed that the actual construction of said improvements shall be done in the manner provided by law and in
accordance with City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the
state of Iowa.
IT IS FURTHER AGREED, that concurrently with the execution of this Contract Second Party has
executed and caused to be filed with the City of Waterloo, Iowa, his request for sanitary sewer, storm sewer, curb
and gutter, street paving and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments
thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements
and assess the costs thereof against the benefited property of the addition in the event that the Second Party fails to
comply with the provisions of this Contract.
IT IS FURTHER AGREED, that said improvements shall be completed no later than the day of
, 20 , and the City of Waterloo is hereby specifically authorized to proceed to have any
improvement covered by this Agreement completed any time after said date.
WITNESS our signatures hereto this
day of , 20
CITY OF WATERLOO, IOWA
By: By:
Mayor
ATTEST:
By: By:
City Clerk
SECOND PARTY FIRST PARTY
Page 438 of 577
CITY OF
L9 << WATERLOO
Engineering
December 21, 2022
Aric Schroeder, City Planner
Planning, Programming & Zoning Commission
Waterloo City Hall
Waterloo, IA 50703
715 Mulberry St, Waterloo, IA 50703 0
Phone: (319) 291-4312 L,
CITYOFWATERLOOIOWA.COM �99�
RE: FINAL PLAT
EDISON ADDITION
Dear Aric:
This final plat has been reviewed, and it has been determined that it meets the requirements of the
applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance.
It is recommended that this final plat be approved.
Sincerely,
ennis J. entz, P.
Assista City Engineer
CITY OF WATERLOO
Council Communication
Resolution approving an Acquisition Contract with Hawkeye Community Foundation, Inc., to acquire 1.72
acres of right-of-way and approving a temporary easement agreement for 1.33 acres, in the amount of
$4,009.71, and up to $1,000.00 in closing costs, located east of 6216 Hammond Avenue, in conjunction with
the Hammond Avenue Sink Creek Bridge Construction Project, and authorizing the Mayor and City Clerk to
execute said documents.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description Type
❑ Signed purchase agreement and easement agreement Backup Material
Hawkeye Community Foundation Project Parcel
❑ Hammond Bridge Acquisitions Aerial Backup Material
SUBJECT:
Resolution approving an Acquisition Contract with Hawkeye Community
Foundation, Inc., to acquire 1.72 acres of right-of-way and approving a
temporary easement agreement for 1.33 acres, in the amount of $4,009.74
and up to $1,000.00 in closing costs, located east of 6216 Hammond
Avenue, in conjunction with the Hammond Avenue Sink Creek Bridge
Construction Project, and authorizing the Mayor and City Clerk to execute
said documents.
Submitted by: Submitted By: Aric Schroeder, City Planner
Recommended Action: Approval
Summary Statement:
The City of Waterloo is preparing to reconstruct the Hammond Avenue
bridge over Sink Creek, which involves the need for approximately
5 temporary easements, and 4 fee title acquisitions needed to complete the
project. This transmittal includes 1 fee title acquisition, and 1 temporary
easement. The easement areas will be returned to the state they were in prior
to construction.
Data/Analysis and Strategies: Acquisition for street/bridge reconstruction
Expenditure Required/Source of $4,009.71 and up to $1,000 in closing costs
Funds:
Page 440 of 577
H HAWKEYE
COMMUNITY COLLEGE
COMMUNITY COLLEGE
FOUNDATION
1501 East Orange Road • P.O. Box 8015 • Waterloo, Iowa 50704-8015 • 319-296-4002 • www.hawkeyecollege.edu
December 15, 2022
City of Waterloo
Community Planning & Development
Aric Schroeder, City Planner
715 Mulberry Street
Waterloo, IA 50703
Dear Mr. Schroeder
Re: Right of Way and Temporary Easement Acquisition — Hammond Avenue Sink Creek Bridge — East of
6216 Hammond Avenue -- Parcel 1
Dear Aric,
The Hawkeye Community College Foundation Board approved the Acquisition Contract and Temporary
Easement Agreement for the above mention project on September 22, 2022. Enclosed are the signed
agreements. If you have any questions or need additional information, please let me know.
Sincerely,
Debra S. Lilly
Foundation Accountant
Debra.lilly@hawkeyecoliege.edu
(319) 296-4048
Page 441 of 577
ACQUISITION CONTRACT
Project Parcel No. 2
PROJECT Hammond Avenue Sink Creek Bridge Construction
THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of
15 , 2022 by and between Hawkeye Community Foundation, inc.
("Seller"), and City of Waterloo, Iowa, ("Buyer").
1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or
easement interests (the "Properly"), described as: See plats and legal descriptions
attached as Exhibit "A", City of Waterloo, State of Iowa, which includes any buildings,
improvements and other fixtures thereon.
The Property also includes, if applicable, all estates, rights, title and interests, including all
easements, and all advertising devices and the right to erect such devices as are located
thereon.
2. Possession of the Properly is the essence of this Contract, and Buyer may enter and
assume full use and enjoyment of the premises per the terms of this Contract. Seller
hereby grants Buyer the immediate right of access and entry 10 the Property for project
purposes, including but not limited to gathering survey and soil data. Seller may surrender
possession of the Properly or any part thereof prior to the time at which it has hereinafter
agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intension to do
so by calling Buyer at (319) 291-4366.
3. The Purchase Price shall be $ 44,40q c1j Of the Purchase Price, $100.00 is on deposit with
the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of
the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller
upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any.
If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or
any other reason provided for in this Contract, then the earnest money shall be returned
to Buyer. Any other release of earnest money shall require the written consent of both
parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it
shall also receive relocation housing costs.
4. Possession of the Properly shall be delivered to Buyer at closing, which shall occur on
or before 4,6T rr -3Q the parties may hereafter agree, but in any event after
the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No
later than the closing date, Seller shall remove from the Property all of ifs personal
property, trash, and debris of any type that is not a structure or a fixture. Within said
time Seller shall also remove all hazardous materials and/or substances from the
Properly on or above the ground surface, including but not limited to barrels, cans, or
bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller
shall be set off against moving costs and/or other expenses that Buyer agrees to
reimburse to Seller under this Contract.
5. Seller warrants that there are no tenants on the Property holding under a lease except:
Page 442 of 577
6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller
agrees to pay all encumbrances, claims, liens and assessments against the Property,
including all taxes and special assessments payable until surrender of possession as
required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title.
Names and addresses of lienholders are:
(a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract
continuation
7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as
payees on warrants as contract payment. Seller will furnish and deliver to Buyer an
abstract of title continued by Black Hawk County Abstract Company to a date within
thirty (30) days before the closing date, showing merchantable title to the Property in
Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar
Association. Buyer agrees to pay the cost of abstract continuation, or creation, as
necessary. Seller agrees to obtain court approval of this Contract, if requested by the
Buyer, if title to the Properly becomes an asset of any estate, trust, conservatorship or
guardianship. Seller agrees to pay court approval costs and di other costs necessary to
transfer the Properly to the Buyer. Seller shall convey the Properly to Buyer by warranty
deed, free and clear of all liens, restrictions, and encumbrances except as provided in
this Contract,
8. RESERVED
9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not
as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds
to the survivor of that joint tenancy and will accept title solely from that survivor, provided
the joint tenancy has not been destroyed by operation of law or acts of the Seller.
10. Seller agrees to keep property hazard insurance coverage in force in a minimum
amount equal to the Purchase Price, payable to all parties as their interests may appear,
from the date of this Contract until delivery of the deed and possession. Buyer shall notify
all insurance companies of this Contract. In case of loss or destruction of part or all of
the Property from causes covered by the insurance, Seller agrees to accept the lump
sum payment and to endorse the proceeds of any such insurance recovery to the Buyer.
Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and
Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract.
11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to
complete its duties of performance under this Contract, Buyer may exercise its power of
eminent domain to acquire the Property, provided that the Property is deemed essential
by the City Council to keep the project moving forward, or Buyer may exercise other
remedies available under applicable law. Buyer agrees to cooperate with Seller, at
Seller's request and at no additional cost to Buyer, to have this transaction quality as an
involuntary conversion pursuant to § 1033 of the Internal Revenue Code.
Page 443 of 577
12. This Contract shall become effective only upon the occurrence of each of the following
two events: (a) acceptance and approval of the Contract by the City Council of the
City of Waterloo, and (b) the environmental clearance of the Property in accordance
with Phase I site assessment and recommended subsequent activities if the Buyer
chooses to perform a Phase I. In supplementation of the Phase I, Seiler agrees, no later
than one week after the date of approval of the City Council, to disclose to Buyer all
contamination of the Properly by hazardous wastes and/or substances of which Seller
has knowledge.
13. This Contract, together with the exhibits and attachments attached hereto, constitutes
the entire agreement between Buyer and Seller, and there is no agreement to do or not
to do any act or deed except as specifically provided herein. This Contract may be
modified only in a writing signed by both parties. Time is of the essence of this Contract.
WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set
forth above.
-G tQ3 784
**NAME**, **TITLE* Hawkeye Community ounda on, Inc. SSN or EIN
[Additional Seller name or Attest]
SSN or EIN
SELLER'S ACKNOWLEDGMENT:
STATE OF
> 6lOGi 1iwtz- County: ss: �7 "n y`"
Acknowledged before me on ) oC - IC- ar) , by Y1 �r -&book•i
{as Clcetm.liNe 13UAA /of Seller].
APPROV
IOWA
RECO
ANNETTE STAPLES
COMMISSION
MY COMMISSION EXPIRES
OCTOBER 11, 2025
1
r
ED BY:
City Planning Staff
Notary Public
and
{Date)
Page 444 of 577
APPROVED BY: ATTEST:
(Mayor) {City Clerk)
DATE APPROVED:
BUYER'S ACKNOWLEDGMENT:
STATE OF IOWA, BLACK HAWKCOUNTY, ss:
Acknowledged before me on by Quentin Hart and Kelley Felchle
as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa,
Notary Public
Page 445 of 577
INDEX LEGEND
Cenerot Description: Part of the NW 1/4 of Sec. 23—ISSN—RIM, Waterloo
Surveyor. David L Schell (f 16775)
Surveying Company: Wayne Cfoossen Engineering & Surveying, Inc.
2705 University Avenue (P.O. Box 898)
Waterloo, own 50704
(319)235-6294
Survey Requested By: City of Waterloo
Proprietor. Hawkeye Community College Foundation, Inc.
For County Recorder's use.
ACQUISITION PLAT
Hammond Avenue Right -of -Way Acquisition
SHEET 1 OF--:\)
LEGAL DESCRIPTION
Hammond Avenue Right--of—Way Acquisition
That part of the Northwest Quarter (NW 1/4) of Section Twenty-three (23), Township Eighty-eight North (ISSN), Range
Thirteen West (R13W), of the Fifth Principal Meridion, Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Northwest comer of aforesaid Northwest Quarter (NW 1/4); thence 500'09'37'E Six Hundred Sixty --one
end one Hundredth (661.01) feet along the West line of said Northwest Quarter (NW 1/4) to the Westerly extension of the
South line of Parcel "M", Document No. 2005-18840 in the Black Hawk County Recorder's Office, and to the point of
beginning; thence continue 500'09'37'E Six Hundred Sixty-one and and One Hundredth (661.01) feet etill along said West
tine to the Southwest corner of the South Half (5 1/2) of aforesaid Northwest Quarter (NW 1/4); thence S00'09'12'E
Twenty-one and Frfty-seven Hundredths (21.57) feet along said West line; thence N89'50'43"E Thirty-three (33.00) feet to
the East right-of-way Line of Hammond Avenue; thence continue 148750'43 E Ten (10.00) feet; thence N16'52'14 E Three
Hundred Fifty-six (356.00) feet; thence N0806'00'W Two Hundred (200.00) feat; thence N15'30'19'W One Hundred
Forty-nine and Twenty-two Hundredths (149.22) feet to aforesaid South line of sold Parcel "M"; thence S89'25'37"W
Eighty-seven and Eight Hundredths (87.08) feet along soid South line, and along the Westerly extension thereof, to the
point of beginning containing 1.72 acres.
LEGAL DESCRIPTION
Temporary Construction Easement
An Easement for temporary construction purposes over, under and across that part of the Northwest Quarter (NW 1/4) of
Section Twenty-three (23), Township Eighty-eight North (T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian,
Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Northwest comer of aforesaid Northwest Quarter (NW 1/4); thence S00'09'37"E Six Hundred Sixty-one
and one Hundredth (661.01) feet along the West line of said Northwest Quarter (NW 1/4) to the Westerly extension of the
South fine of Parcel 'M", Document No. 2005-18840 in the Black Hawk County Recorder's Office; thence continue
SOD'09'37"E Six Hundred Sixty-one and and one Hundredth (661.01) feet still along said West line to the Southwest comer
of the South Hoff (S 1/2) of aforesaid Northwest Quarter (NW 1/4); thence So0'09'12"E Twenty-one and Fifty-seven
Hundredths (21.57) feet along sold West line; thence N89'50.43'E Thirty-three (33.00) feat to the East right-of-way tine
of Hammond Avenue and to the polnt of beginning; thence continue N89'50'43"E Ten (10.00) feet; thence N16'52'14"E
Three Hundred Fifty-six (356.00) feet, thence 1406'06'00'W Two Hundred (200.00) feet; thence N1530'19'0 One Hundred
Forty-nine and Twenty-two Hundredths (149.22) feet to oforesafd South line of said Parcel "I.t"; thence N89'25'37'E
Forty-seven and Forty-two Hundredths (47.42) feet along said South I1ne; thence S20'09'24'E One Hundred Forty-three and
Thirty-two Hundredths (143.32) feet; thence 506'06'O0"E Four Hundred Eighty-eight and Five Hundredths (488.05) feet;
thence 56741'30'W One Hundred Ninety --four and Eighty-two Hundredths (194.62) feet; thence S89'50'43'W Twenty and
Fifty-seven Hundredths (20.57) feet to the East right--of-way line of Hammond Avenue; thence NOO'09'12 W Ten and One
Hundredth (10.01) feet along said East right-of-way to the point of beginning containing 1.33 acres.
NOTES:
1. The basis of bearings for this Plat of Surrey is the West
line of the NW 1/4 assigned a bearing of S00'09'37"E as
per Iowa State Pane Coordinate System, North Zone, 2011
adjustment.
C
E
CERTIFICATION
I hereby certify that this land surveying document was prepared and the related
convey work was performed by me or under my direct personal supervision and
that I am a duly Licensed Land Surveyor under the laws of the State of Iowa.
Signature
David L Schei. P.L.S.
16775
ON a11U SO
SFIELD Boa< 746-01
Date- 20
Pages or Sheets Covered by this Seal. 2
My license renewai date Is December 31, 2022
License Na
}page 446 of 577
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC.
P.O. BOX 898 WATERLOO, IOWA 50704--0898
PHONE: (VOICE) 319-235-6294
(FAX) 319-235-0028
100
1 INCH 100 FEET
POINT OF COMMENCEMENT,
NW CORNER,
SEC. 23-758N-1213W
(FOUND 1/2' REBAR)
Doc. No. 2017--15850
C
E
SFIELD BOOK 746-01
POINT OF
BEGINNING
ACQUISITION
Hammond Avenue
al 03
8
g
(FOUND PIN ORANGE.. ^%i SOU1H UNE. S 1/Z NW 1/4 NB954'35"E-1323.54`
\POINT OF ,
EM TP. CONSTRUNCTION EASE.
+(20.57)
(38760'43-w)
ACQUISITION PLAT
Port of the NW 1/4 of Sec. 23-TBBN-R13W,
Waterloo, Black Howk County, lowo
Survey for: City of Waterloo
Proprietor. Hawkeye Community College Foundation, Inc.
O
I—
sawer171V
137.33. N8757'17'E-1153.41'
i
ry'
SHEET 2 OF 2
SURVEY LEGEND:
000.00 DENOTES RECORD DIMENSION
(000.00) DENOTES FIELD DIMENSION
Parcel "L"
Doc. No. 2005-18840
(8725') Z1 N88'2S'37'E
559'25'37 1
u
LINE TABLE
LINE
DISTANCE
BEARING
1
f21.57')
(S0O(19'12"E)
2
(33,001
(N89'50'43'E)
33'
3
(10.00')
(N89'50'43"E)
4
(10.011'N00'09'12.W)
•5 1/2. NW 1/4
W 1/4 CORNER,
SEC. 23-T88N-R13W
(FOUND MAC NAIL
do WASHER)
Doc. No. 2017-17826
1;312
N
Parcel 'M'
Doc. No. 2005-18840
SOUTH UNE,
PARCEL 'M'
1
ON 311A S30
Page 447 of 577
Prepared by; Aric Schroeder, City of Waterloo. 715 Mulberry Street, Waterloo. IA 50703 — (319) 291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
1 a i t s i aoaa , 2022 by and between Hawkeye Community Foundation, Inc.
("Grantor"), and the City of Waterloo, Iowa ("Grantee").
1. Grant of Temporary Easement. In consideration of the mutual promises
and covenants contained herein, and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged Grantor does hereby grant and convey
unto Grantee, and Grantee does hereby accept, a temporary easement for purposes
relating to construction of the Improvements (the "Temporary Easement") in, to, upon,
over, across, and beneath the real estate (the "Temporary Easement Premises") as set
forth on Exhibit "A" attached hereto and by this reference made a part hereof. The
Temporary Easement shall expire upon conclusion of all construction, cleanup, and
demobilization activities upon the Premises and adjacent land, or July 1, 2024, whichever
occurs first.
2. Pur ose,. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct the Hammond Avenue Sink
Creek Bridge and make necessary utility and grading improvements (the
"Improvements"). It is the intention of the parties that Grantee shall assume all
responsibility for the construction of the Improvements adjacent to the Premises, and that
Grantor shall have no liability relating to the Easement or the Improvements except as may
arise from the Grantor's own negligent acts or omissions or willful misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Temporary Easement Premises to Grantee, "as is, where is", without any representation or
warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary
Easement Premises in any way for Grantee's use. Following transfer of possession of the
Temporary Easement Premises, Grantor shall have no further duty or obligation with
respect to same, except as set forth herein. Grantor may mow or care for grasses and
vegetation growing in the Temporary Easement Premises during the period of this
Agreement, but may not conduct other activities upon the Temporary Easement Premises
without the prior written consent of Grantee. Grantor agrees that any activities that
Grantor, its officers, employees, contractors or agents undertake on the Temporary
Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby
agrees to indemnify Grantee, its officials, officers, employees, contractors and agents,
with respect to any and all claims for injuries, death, property damage, property loss or
otherwise, arising from the acts or omissions of Grantor, its officers, employees,
Page 448 of 577
Acknowledged before me on
[as
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
contractors or agents, on or about the Temporary Easement Premises during the tern of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
HAWKEYE COMMUNITY
FOUNDATION, INC.
**NAME, **TITLE *
[Additional Seller name or Attest]
STATE OF IOWA )
) ss
BLACK HAWK COUNTY )
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
oi.to s�, ANNETTE STAP, 7,
2 .:;. COMMISSION NO. 8s.. •
* MY COMMISSION EXr• ,
IOWA OCTOBER 11, 2025
I c I , 2022, by ` f x.-, 20p and
of Seller].
Acknowledged before nee on , 2022, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
Page 449 of 577
INDEX LEGEND
General Description: Pert of the NW 1/4 of Sec. 23-158N—R13W, Waterloo
Surveyor. David L. Scheil 0116775)
Surveying Company. Wayne Cloossen Engineering & Surveying, Inc.
2705 University Avenue (P.O. Box 898)
Waterloo. Iowa 50704
(319)235-5294
Survey Requested By: City of Waterloo
Proprietor. Hawkeye Community College Foundation, Inc.
ACQUISITION PLAT
Hammond Avenue Right--of--Way Acquisition
LEGAL DESCRIPTION
Hammond Avenue Right —of —Way Acquisition
SHEET 1 OF 2
That port of the Northwest Quarter (NW 1/4) of Section Twenty—three (23), Township Eighty—eight North (T88N), Range
Thirteen West (R13W). of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described os follows;
Commencing at the Northwest corner of aforesaid Northwest Quarter (NW 1/4); thence 500'09'37'E Six Hundred Sixty—one
and one Hundredth (661.01) feet along the West line of said Northwest Quarter (NW 1/4) to the Westerly extension of the
South line of Parcel 1,S Document No. 2005-18840 in the Black Hawk County Recorders Office. and to the point of
beginning; thence continue 900'09'37'E Six Hundred Sixty—one and and One Hundredth (661.01) feet still along sold West
line to the Southwest corner of the South Hoff (S 1/2) of aforesaid Northwest Quarter (NW 1/4); thence S00'09'12"E
Twenty—one and Fifty—seven Hundredths (21.57) feet along sold West line; thence N89'50'43"E Thirty—three (33.00) feet to
the East right—of—way Line of Hammond Avenue; thence continue N89'50'43"E Ten (10.00) feet; thence N16'52'14'E Three
Hundred Ffty—six (356.00) feet; thence N05'06'00'W Two Hundred (200.00) feet; thence N15'30'19'W One Hundred
Forty—nine and Twenty—two Hundredths (149.22) feet to aforesaid South line of said Parcel " I ; thence 369'25'37'
Eighty—seven and Fight Hundredths (87.08) feet along sold South line, and along the Westerly extension thereof, to the
point of beginning containing 1.72 acres.
LEGAL DESCRIPTION
Temporary Construction Easement
An Easement far temporary construction purposes over, under and across that part of the Northwest Quarter (NW 1/4) of
Section Twenty—three (23), Township Eighty—eight North (T88N), Ronge Thirteen West (R13W), of the Fifth Principal Meridian,
Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Northwest comer of aforesaid Northwest Quarter (NW 1/4); thence 500'09'37'E Six Hundred Sixty—one
end one Hundredth (661.01) feet along the West line of said Northwest Quarter (NW 1/4) to the Westerly extension of the
South line of Parcel M, Document No. 2005-18840 in the Black Hawk County Recorder's Office; thence continue
500'09'37'E Six Hundred Sixty—one and and One Hundredth (661.01) feet still along said West line to the Southwest comer
of the South Half (S 1/2) of aforesaid Northwest Quarter (NW 1/4); thence 500'09'12'E Twenty—one and Fifty—seven
Hundredths (21.57) feet along said West line; thence N89'50.431 Thirty—three (33.00) feet to the East right—of—way Line
of Hammond Avenue and to the point of beginning; thence continue N89'50'43'E Ten (10.00) feet; thence N16'52'14'E
Three Hundred Fifty—six (356.00) feet; thence N06'06'00W Two Hundred (200.00) feet; thence N15'30'19'W One Hundred
Forty—nine and Twenty—two Hundredths (149.22) feet to aforesaid South line of said Parcel "M'; thence N89'25'37'E
Forty—seven and Forty—two Hundredths (47.42) feet along said South line; thence S20'09'24"E One Hundred Forty—three and
Thirty—two Hundredths (143.32) feet; thence 506'06'00'E Four Hundred Eighty --eight and Five Hundredths (488.05) feet;
thence 56741'30 W One Hundred Ninety—four and Eighty --two Hundredths (194.82) feet; thence 589'50'43'W Twenty and
Fifty—seven Hundredths (20.57) feet to the East right—of—way line of Hammond Avenue; thence NOO'O9'12"W Ten and One
Hundredth (10.01) feet along said East right—of—way to the point of beginning containing 1.33 acres.
NOTES:
1. The basis of bearings for this Plat of Survey Is the West
sine of the NW 1/4 assigned a bearing of S00'09'37'E as
per Iowa State Plane Coordinate System, North Zone, 2011
odjustment.
C
E
CERTIFICATION
I hereby certify that this fond surveying document was prepared and the related
survey work was performed by me or under my direct personal sypetvsion and
that I cm a duly Licensed Land Surveyor under the laws of the State of Iowa.
Signature.
David L 5ahee, P.LS.
Date' 20 license No 16775
ON 3-113 S30
Smy licmae renewal date is December 31, 2022
FIELD BOOK 746—D1
Pages or Sheets Catered by thls Seal: 2
Page 450 of 577
WAYNE CLAASSEN ENGINEERING AND SURVEYING. INC.
P.O. BOX 898 WATERLOO, IOWA 50704-0898
PHONE: (VOICE) 319-235-6294
(FAX) 319-235-0028
100
1 INCH = 100 FEET /
POINT OF COMMENCEMENT,
NW CORNER,
SEC. 23 T88N—R13W
(FOUND 1/2" REBAR)
Doc. No. 2017-15850
C
E
POINT OF,
BEGINNING
ACQUISITION
Hammond Avenue
m
ra
ACQUISITION PLAT
Part of the NW 1/4 of Sec. 23—T88N—R13W,
Waterloo, Black Hawk County, Iowa
Survey for: City of Waterloo
Proprietor. Hawkeye Community College Foundation, Inc.
no
jo
Parcel 'M'
Doc. No. 2005-18840
SOUTH LINE,
PARCEL "Al"
589,57'171V
137.33'
SHEET 2 OF 2
SURVEY LEGEND:
000.00 DENOTES RECORD DIMENSION
(000.00) DENOTES FIELD DIMENSION
Parcel "L"
Doc. No. 2005-18840
N8757'17'E-1153.41'
(FOUND PIN & ORANGE
CAP #23212)------...+
W 1/4 CORNER,
SEC. 23—T88N—R13W
(FOUND MAG NAIL
& WASHER) \ /
Doc. No. 2017-17825 \Y` ///
FIELD BOOK 746-01
Page 451 of 577
(01-0 )
(s8725'37
Area
(Net 1.20 Aces)
(ROW 0.52 Acres)
(rotal 1.72 Acres)
r_
0
b
J
L2
r4
_a
(47.42')
(N89'25'37Z
�
1�
1
s
0 `
tr
a �
ti 1$
8 t
LINE TABLE
LINE
DISTANCE
BEARING
1
(21.57')
(S00'09'12"E)
2
(33.00')
(N89'50'43"E)
33'
3
(10.00')089'50'43"E)
4
(10.01') NO0'09' 12 W)
S1/2.NW1/4
1.5� i SOWN UNE. S 1/2, NW 1/4 N8754'35"E-1323.54'
i
POINT OF BEGINING,
TEMP. CONSTRUCTION EASE.
\(20.57')
(589'50'43'*)
ON3112S30
0
E. ORANGE RD
ROGER KALSEM TRUST
PIN 8813-22-226-006
BURK & JULIANNE MIEHE
PIN 8813-22-201-006
ROBERT & KAY REITER
6216 HAMMOND AVE
PIN 8813-22-226-003
CHARLOTTE & ROBERT
TANNREUTHER TRUST
PIN 8813-22-276-001
HAMMOND AVE
ROGER KALSEM TRUST
PIN 8813-23-101-008
MAGENTA LINE
LIMIT OF PARCEL
ACQUISITIONS
CYAN DASHED LINE
LIMIT OF TEMP
EASEMENT
ACQUISITIONS
NEW HAMMOND AVE CULVERTS
(SAME LOCATION AS BRIDGE)
EXISTING
FIELD DRIVE
GENERAL LOCATION OF RELOCATED
FIELD DRIVE. FINAL LOCATION AND
DETAILS TO BE DETERMINED.
ORGINAL PROPOSED
RELOCATED FIELD DRIVE
HAWKEYE COMMUNITY
COLLEGE FOUNDATION
PIN 8813-23-101-002
HAWKEYE COMMUNITY
COLLEGE FOUNDATION
PIN 8813-23-151-003
6323 HAMMOND AVE
100
200
Feet
Page 452 of 577
CITY OF WATERLOO
Council Communication
Resolution approving Study Proposal with InVision Architecture for the study of the Waterloo Center for the
Arts building, for potential space sharing with Waterloo Community Playhouse, in the amount of $17,500.00,
and authorizing the Mayor and City Clerk to execute said documents.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description Type
❑ InVision proposal Backup Material
SUBJECT:
Submitted by:
Resolution approving Study Proposal with InVision Architecture for the
study of the Waterloo Center for the Arts building, for potential space
sharing with Waterloo Community Playhouse, in the amount of $17,500.00,
and authorizing the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development
Director
Recommended Action: Approve resolution
Summary Statement:
Neighborhood Impact:
Data/Analysis and Strategies:
The Waterloo Center for Arts and Waterloo Community Playhouse share a
common stage and play area. This study will review if there are additional
sharing potential, upgrades, improvements, etc. that may improve the play
experience in Downtown Waterloo. Invision Architecture will review the
Playhouse space, WCA space, and see what options we may have for a
future project and expanded partnership.
Higher density, better land use of Downtown Waterloo spaces. Better
overall performance of plays for rehearsal space, performance space, and
customer service and experience.
As the City looks for higher and better use of its buildings, partnerships with
other entities may help improve functions, space allocation, and overall
experience.
Implementation, Accountability, Main Street Waterloo is involved with the meetings as well, to help engage
and Communication: others if needed.
Community Engagement Main Street Waterloo is involved with the meetings as well, to help engage
Methods: others if needed.
Expenditure Required/Source of$17,500
Funds: TIF and/or bond funds
Alternative: Not approve
Legal Descriptions: NA
Page 453 of 577
Page 454 of 577
NVISION
PLANNING ARCHITECTURE INTERIORS
06 December 2022
Mayor Quentin Hart
City of Waterloo
City Hall
517 Mulberry Street
Waterloo, IA 50703
Re: Waterloo Community Playhouse — Relocation from Walker Building — Study Proposal
Mayor Hart:
We are pleased to present this proposal to the City of Waterloo for a study to determine Waterloo
Community Playhouse (WCP) space needs and recommendations to relocate functions out of the Walker
Building located at 224 Commercial Street into the Waterloo Center for the Arts (WCA) across the street.
Spaces to be considered in this study include rehearsal / black box performance space, classroom, dance
studio, prop storage, costume storage, retail costume shop, office and meeting, and support functions.
These functions, along with support spaces, occupy the existing Walker Building which is approximately
25,000 square feet on 3 levels.
Initial Project Drivers include:
1. Relocation of all WCP functions out of the Walker Building
2. More welcoming image for the playhouse at the WCA. A "beacon" for the community
3. Potential improvements to the Hope Martin Theatre
SCOPE DESCRIPTION
The scope of this study includes:
A. Update current WCA base floor plans
B. Development of a preliminary Space Program identifying future WCP space needs currently
housed in the Walker Building.
C. Development of graphic plan diagram options for relocating spaces to the Waterloo Center for the
Arts. Options could include utilizing existing space, renovation and new addition.
D. Finalization of selected option including a preliminary project budget as a recommendation.
DELIVERABLES INCLUDED:
1. Space program
2. Floor and site plan space diagrams over existing floor plans
3. Preliminary project budget
4. Narrative of recommendation
5. Exterior 3D conceptual rendering (not detailed)
SERVICES EXCLUDED:
A. Services beyond the scope of this agreement
B. Detailed floor plans
C. Complete design and engineering services
D. Mechanical, Electrical and Plumbing engineering
E. Site design or Civil engineering
F. Services related to the flood wall along the Cedar River
10 501 SYCAMORE ST, SUITE 101, WATERLOO, IA 50703 303 WATSON POWELL JR. WAY, SUITE 200
anPO BOX 1800, WATERLOO, IA 50704-1800 DES MOINES, IA 50309
(319) 233.8419 (515) 633.2941
PEOPLE. PROCESS. BALANCE.
INVISIONARCH.COM
Page 455 of 577
INVISION
PLANNING I ARCHITECTURE I INTERIORS
CITY OF WATERLOO / WCP RESPONSIBILITIES:
1. Identify key staff and stakeholders who will be involved throughout the process
2. Provide known criteria or goals for this project
3. Facility information important to this project: updates to floor plans, utility locations, etc.
Schedule: Five (5) meetings are anticipated: (1) facility tour for both Walker Building and WCA; (1) kickoff
and draft space program review; (2) to review planning options and select; (1) final review meeting to
refine selected option for recommendation.
Construction Budget: Preliminary budget is to be determined in this process.
BASE SERVICE FEE
For this scope of work, we propose a fee of $17,500. We will invoice monthly as work progresses.
Reimbursable expenses not included in the base fee above will be invoiced at cost and can include
printing and mounting of graphics, multiple set printing, etc.
If this is acceptable, please return a signed copy of this letter to our office for our records. We will then
formalize our agreement and begin scheduling work sessions.
Please contact us if you have any questions regarding the proposal. We appreciate this opportunity to
work with Waterloo Community Playhouse and the City of Waterloo.
Sincerely,
Eric Rit and/AIA, EDAC
Partner
ericr@invisionarch.com
cc: Anita Ross, Executive Director, Waterloo Community Playhouse
Kent Shankle, Director, Waterloo Center for the Arts
Noel Anderson, Community Planning and Development Director, City of Waterloo
Accepted:
Printed Name:
Signature Date
2
Page 456 of 577
CITY OF WATERLOO
Council Communication
Resolution approving an Amendment to a Development Agreement with Arts Mall Properties, LLC, adding
wording to allow access to the building through City -owned property, and authorizing the Mayor and City
Clerk to execute said documents.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description
❑ Amend for easement
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Neighborhood Impact:
Data/Analysis and Strategies:
Community Engagement
Methods:
Type
Backup Material
Resolution approving an Amendment to a Development Agreement with Arts
Mall Properties, LLC, adding wording to allow access to the building
through City -owned property, and authorizing the Mayor and City Clerk to
execute said documents.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approve resolution
The City of Waterloo partnered with Arts Mall Properties (Brent Dahlstrom)
for the development of the Art Bloc muti-story riverfront housing project.
The site was specifically located here as a part of the Riverfront Renaissance
Project for riverfront housing. The developer's financing team would like
specific assurances of the ability to gain access to and from the property on
City -owned land. This amendment will specify that action.
Approves access to site
Downtown Waterloo, zero setbacks, access across other sites is common
for density development.
There were several hearings for the construction and approval of this project.
Expenditure Required/Source of None
Funds:
Alternative:
Not approve
Page 457 of 577
Preparer Information: Christopher J. Rausch, 372 SE Meadowlark Ct., Waukee, Iowa 50263 (314) 397-1750
SPACE ABOVE THIS LINE
FOR RECORDER
AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO
MINIMUM ASSESSMENT AGREEMENT
This Amendment to Development Agreement and Amendment to Minimum Assessment
Agreement (the "Amendment") is entered into as of , 2022, by and among Arts
Mall Properties, LLC (the "Sub -Assignee" or "Arts Mall Properties" or the "Company"), and the
City of Waterloo, Iowa (the "City").
RECITALS
A. Grand Investments, LLC ("Grand") and City were original parties to that certain
Development Agreement dated December 19, 2016 (the "DA") and filed January 24,
2017 as Doc. No. 2017-13397, concerning the development of the land (the
"Property") described therein. The DA was later amended (the "First Amendment")
to provide for a total assignment of Grand's interest and obligations under the DA to
QOZ Arts Mall, LLC (the "Sub -Assignor"). The First Amendment was dated July
16, 2018 and filed August 6, 2018 as Doc. No. 2019-02035. Sub -Assignor and City
were also parties to that certain Minimum Assessment Agreement (the "MAA")
pertaining to the Property dated as of the same date as the DA and amended as of the
same date as the First Amendment. The DA was later amended (the "Second
Amendment") to provide for a total assignment of the Sub -Assignor's interest and
obligations under the DA and the MAA to Arts Mall Properties, LLC (the "Sub -
Assignee or the "Company"). The Second Amendment was dated January 17, 2019
and filed February 22, 2019 as Doc. No. 2019-00012766.
B. The parties desire to further amend the DA by adding a Section 7 (D) ("Access
Easement") as below -mentioned.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. The DA is amended to add a Section 7(D) as follows:
Page 458 of 577
"Access Easement. City hereby grants to Company, its employees, agents, future tenants
at the Property, and patrons and guests of said tenants, an easement for limited purposes of
vehicular access over and upon the City owned Lot (Tax Lot 8913-26-229-008 and Tax Lot
8913-26-229-010) that abuts the Property on the southeasterly and northwesterly side. Said
easement is non-exclusive and shall be in common with members of the general public".
2. Except as modified herein, the DA and MAA shall continue unmodified in full force
and effect. Terms in this Amendment that are capitalized but not defined will have the same
meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and
this Amendment shall inure to the benefit of and be binding upon the parties and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Amendment to Development
Agreement and Amendment to Minimum Assessment Agreement by their duly authorized
representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA ARTS MALL PROPERTIES, LLC
By: By:
Print Name: Quentin Hart Print Name: Brent Dahlstrom
Title: Mayor Title: Manager
Attest:
Kelley Felchle, City Clerk
Page 459 of 577
EXHIBIT A
Parcel Identification
Parcel#l: 8913-26-229-008
Parcel#2: 8913-26-229-01C
Page 460 of 577
CITY OF WATERLOO
Council Communication
Resolution approving an Amendment to a Development and Minimum Assessment Agreement with Gray
Transportation, Inc., for the addition of five (5) years at 75 percent tax rebates, due to additional improvements
at the site for drainage, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description
❑ Gray Rebate Amend drainage
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Neighborhood Impact:
Data/Analysis and Strategies:
Implementation, Accountability,
and Communication:
Community Engagement
Methods:
Type
Backup Material
Resolution approving an Amendment to a Development and Minimum
Assessment Agreement with Gray Transportation, Inc., for the addition of
five (5) years at 75 percent tax rebates, due to additional improvements at the
site for drainage, and authorizing the Mayor and City Clerk to execute said
document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Adopt resolution
The new construction on site at northwest corner of GT Drive and Northeast
Drive needed some additional drainage way improvements for a safer design
of the area. After meeting with active Gray Transportation contractors at the
site, it was mutually agreed it made better sense for them to include the
improvements with their project, and the City would grant tax rebates for
their additional work to improve the overall industrial area.
Better visual of industrial park, safer driver experience in area for industrial
business.
There were some drainage way improvements needed, active contractor, and
good partnership with City and Gray to accomplish need.
City staff met on -site with company to accomplish a win -win final solution.
There were hearings held for the construction and approval of this project.
Expenditure Required/Source of Tax rebates
Funds:
Alternative:
Legal Descriptions:
Not approve
NA
Page 461 of 577
Prepared by Christopher S. Wendland, P,O. Box 596, Waterloo, IA 50703. 319-234-5701
AMENDMENT TO DEVELOPMENT AGREEMENT and
AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT
This Amendment to Development Agreement and Amendment to Minimum Assessment
Agreement (the "Amendment") is entered into as of , by and between the City
of Waterloo, Iowa ("City") and Gray Transportation, Inc. ("Company").
RECITALS
A. Company and City are parties to that certain Development Agreement dated
February 7, 2022 (the "Agreement") concerning the development of property as
described in the Agreement. Company and City are also parties to that certain
Minimum Assessment Agreement of the same date (the "MAA") pertaining to the
Property. The Agreement and MAA were recorded together on July 27, 2022 as
Doc. No. 2023-1549.
D. The parties have determined that Company will undertake certain drainage
improvements for the benefit of the Project, and that City will provide property tax
rebates as incentives for Company to undertake such improvements.
C. The parties desire to amend the DA and MAA on the terms set forth herein.
NOW, THEREFORE, in consideration of the premises and of other consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the
Agreement as follows:
1. The DA is amended to add the following new sections 7-1 through 7-4:
7-1. Tax Rebates. Provided that Company has completed Substantially
Completed the Improvements before the Completion Deadline, City agrees to rebate
property tax (with the exceptions noted below) with respect to the Improvements, as
follows:
Year One through Year Five 75% rebate each year
for any taxable value added by the completed Improvements (each such payment is a
"Rebate") over the initial base value of $30,350.00. Each Rebate is payable in respect
of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company
Page 462 of 577
has actually paid general property taxes due and owing for such Fiscal Year and (b) the
city council has made an appropriation for the payment of the Rebate. To receive a
Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due
date of the last installment of the property taxes for the respective Fiscal Year (i.e., the
"March Installment"), submit a completed Rebate request to City on the form provided by
or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a
Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year.
City agrees to consider a completed application for a Rebate within sixty (60) days after
submission of the application 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. Rebates shall not be paid based on 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 Fiscal Year in respect of which a Rebate may
be given ("Year One") shall be the first full Fiscal Year for which the assessment is
based upon the completed value of the Improvements and not based on a prior Fiscal
Year for which the assessment is based solely upon (x) the value of the Property, or
upon (y) the value of the Property and a partial value of the Improvements due to partial
completion of such Improvements or a partial Fiscal Year.
As an example of the above provision, in the event all Improvements on the
Property are Substantially Completed prior to January 1, 2024 and the Property and
Improvements are assessed as fully completed based on the Plans, as may be revised,
the property taxes that would be assessed based on the January 1, 2024 assessed
value would be for the Fiscal Year ending June 30, 2026, with the taxes payable one-
half by September 30, 2025 and one-half by March 31, 2026, then the first Rebate could
be applied for after March 31, 2026 and prior to April 1, 2027.
7-2. Limitations on Payment of Rebates.
A. Each payment of a Rebate is subject to annual appropriation by
the city council each fiscal year. City has no obligation to make any payments to
Company as contemplated under this Agreement until the city council annually
appropriates the funds necessary to make such payments. The right of non -
appropriation reserved to City in this paragraph is intended by the parties, and
shall be construed at all times, so as to ensure that City's obligation to make
future payments of Rebates shall not constitute a legal indebtedness of City
within the meaning of any applicable constitutional or statutory debt limitation
prior to the adoption of a budget which appropriates funds for the payment of that
installment or amount. In the event that any of the provisions of this Agreement
are determined by a court of competent jurisdiction or by City's bond counsel to
create, or result in the creation of, such a legal indebtedness of City, the
enforcement of the said provision shall be suspended, and the Agreement shall
at all times be construed and applied in such a manner as will preserve the
foregoing intent of the parties, and no Event of Default by City shall be deemed
to have occurred as a result thereof. If any provision of this Agreement or the
application thereof to any circumstance is so suspended, the suspension shall
not affect other provisions of this Agreement which can be given effect without
the suspended provision. To this end the provisions of this Agreement are
severable.
2
Page 463 of 577
B. Notwithstanding the provisions of Section 7-1 hereof, City shall
have no obligation to make a payment of a Rebate to Company if at any time
during the term hereof City fails to appropriate funds for payment; City receives
an opinion from its legal counsel to the effect that the use of Tax Increments
resulting from the Property and Improvements to fund a Rebate payment to
Company, as contemplated under Section 7-1 above, is not, based on a change
in applicable law or its interpretation since the date of this Agreement, authorized
or otherwise an appropriate urban renewal activity permitted to be undertaken by
City under the Urban Renewal Act or other applicable provisions of the Code, as
then constituted or under controlling decision of any Iowa court having jurisdiction
over the subject matter hereof; or City's ability to collect Tax Increment from the
Improvements and Property is precluded or terminated by legislative changes to
Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum-
stances, City shall promptly forward notice of the same to Company. If the
circumstances continue for a period during which two (2) annual Rebate
payments would otherwise have been paid to Company under the terms of
Section 7-1, then City may terminate this Agreement, without penalty or other
liability to City, by written notice to Company.
C. For purposes of this Agreement, "Tax Increments" shall mean the
property tax revenues on the Improvements and Property received by and made
available to City for deposit in an account maintained under this Agreement, the
provisions of Iowa Code § 403.19 and the ordinance governing the Urban
Renewal Plan.
7-3. Conditions to City Funding.
A. The complete or initial funding by City of the Rebates and other
Project commitments shall be deemed an agreement of the parties that the
applicable conditions to disbursement of funds shall, as of the date of such
funding, have been satisfied or waived. If the conditions set forth in this Section
are not satisfied at a Rebate disbursement date, this Agreement shall terminate
unless a new disbursement date is established by amendment to this Agreement.
The termination of this Agreement shall be the sole remedy available to City or
Company if, for whatever reason, a condition set forth in this Section is not
satisfied at a Rebate payment date, it being understood that each party shall
nonetheless incur costs and liabilities prior thereto for which they alone are
responsible. City and Company each expressly assumes all responsibility for the
costs and liabilities they may each so incur prior to a Rebate payment date and
agree to indemnify and hold each other harmless therefrom.
B. It is recognized and agreed that the ability of the City to perform
the obligations described in this Agreement, including but not limited to the
Rebate payments, is subject to completion and satisfaction of certain separate
city council actions and required legal proceedings relating to the creation of a
tax increment financing (TIF) district, including the holding of public hearings on
the same. Further, all the obligations of City under this Agreement are subject to
fulfillment, on or before each Rebate payment date, of each of the following
conditions precedent:
3
Page 464 of 577
(i) The representations and warranties made by Company in
Section 10 shall be true and correct as of the Rebate disbursement date
with the same force and effect as if made at such date.
(ii) Company shall be in material compliance with all the terms
and provisions of this Agreement.
(iii) There has not been, as of the Rebate disbursement date,
a substantial change for the worse in the financial resources and ability of
Company, or a substantial decrease in the financing commitments
secured by Company for construction of the Improvements, which
change(s) makes it likely, in the reasonable judgment of the City, that
Company will be unable to fulfill its covenants and obligations under this
Agreement.
7-4. No Encumbrances; Limited Exception. Until completion of the
Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens
on the City Property, 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 before Company executes any such mortgage. Company may
not mortgage the City Property or any part thereof for any purpose except in connection
with financing of the Improvements.
2. The parties agree that the drainage improvements to be undertaken by Company
shall be incorporated into the Plans or Modified Plans and subject to the terms of the Agreement
with respect to the Plans or Modified Plans.
3. Section 2 of the MAA is amended to strike "December 31, 2033" therefrom and to
substitute "December 31, 2038" in its place.
4. Except as amended herein, the DA and the MAA shall continue unmodified in full
force and effect. Terms capitalized in this Amendment but not defined herein shall have the
meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the
respective successors, assigns, transferees and legal representatives of each. This
Amendment may be executed in counterparts, each of which shall be deemed an original and
all of which, when taken together, shall constitute a single instrument.
IN WITNESS WHEREOF, the parties have executed this Amendment to Development
Agreement and Amendment to Minimum Assessment Agreement as of the date first set forth
above.
GR + Y TRANSPORTATION, INC. CITY OF WATERLOO, IOWA
By: , � By:
Darrin L. ray, Preside
Quentin M. Hart, Mayor
By:
Kelley FelchEe, City Clerk
4
Page 465 of 577
STATE OF IOWA
BLACK HAWK COUNTY
) ss.
)
Acknowledged before me on ! w1 "a , by Darrin L. Gray as President of Gray
Transportation, Inc.
ti AIAL. EMRAH BECIREVIG
i Commission No.(108826
* iiiiii4 * My commissioo xplres
/owl
STATE OF IOWA
) ss.
BLACK HAWK COUNTY
Notary Public
Acknowledged before me on , by Quentin M. Hart and Kelley Felchle, as
Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
5
Page 466 of 577
CITY OF WATERLOO
Council Communication
Resolution approving Supplemental Agreement No. 7 to a Professional Services Agreement with Wayne
Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10, 2016, in an
amount not to exceed $ , in conjunction with the FY 2017 Hammond Avenue Bridge
Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to
execute said document.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
SUBJECT:
Resolution approving Supplemental Agreement No. 7 to a Professional
Services Agreement with Wayne Claassen Engineering and Surveying, Inc.,
of Waterloo, Iowa, originally executed October 10, 2016, in an amount not
to exceed $ , in conjunction with the FY 2017
Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract
No. 922, and authorizing the Mayor and City Clerk to execute said
document.
Submitted by: Submitted By: Wayne Castle. PLS. PE. Associate Engineer
Neighborhood Impact:
This Supplemental Agreement No. 7 will cover HR Green's costs for
updating the structural plans (three years old now), obtaining USACE 404
permit, and CLOMR/LOMR work. CES will have invoices for updating the
plans and surveying costs to revise the field entrance for HCC.
Implementation, Accountability, IDOT SWAP Funding and Storm Water Fees
and Communication:
Page 467 of 577
CITY OF WATERLOO
Council Communication
Resolution approving Addendum No. 1 to a Professional Services Agreement with Robinson Engineering
Company of Independence, Iowa, originally executed April 5, 2021, in an amount not to exceed $99,050.00, in
conjunction with the FY 2022 North Crossing Area Study, Contract No. 1050, and authorizing the Mayor and
City Clerk to execute said document.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
ATTACHMENTS:
Description Type
Coont 1050 North Crossing Ph 3_Robinson_Addendum Backup Material
SUBJECT:
Submitted by:
Summary Statement:
Implementation, Accountability,
and Communication:
Expenditure Required/Source of TIF funds
Funds:
Resolution approving Addendum No. 1 to a Professional Services
Agreement with Robinson Engineering Company of Independence, Iowa,
originally executed April 5, 2021, in an amount not to exceed $99,050.00, in
conjunction with the FY 2022 North Crossing Area Study, Contract No.
1050, and authorizing the Mayor and City Clerk to execute said document.
Submitted By: Jamie Knutson, PE, City Engineer
See the attached agreement for Scope of Services.
Page 468 of 577
Ns
Robinson Engineering Company
Consulting Engineers
North Crossing Regional Planning and Design
Waterloo, Iowa
Addendum No. 1
WHEREAS, City of Waterloo and Robinson Engineering Company entered into a contract dated April 5,
2021 for the design of the North Crossing Regional Planning and Design project in Waterloo, Iowa.
WHEREAS, City of Waterloo and Robinson Engineering Company desire to amend the previous
agreement to make the following revisions to the contract.
NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows:
I. Scope of Services
The scope of services is amended to add the following scope items to the project:
Frontage Road Termination: Buckhart Street and the associated frontage road needed to be
removed to have enough room for an intersection design at Heath Street and Logan Avenue (US
Highway 63). This work will require several Iowa DOT permits, including a work in right-of-
way permit, entrance permits and a utility permit.
McDonalds site redesign: The McDonalds site was redesigned to function properly given the
proposed termination of the frontage road. This work includes the need for additional survey
information. Robinson Engineering staff met with the Franchisee and coordinated with the
Franchise Engineer to redesign the access to site after the frontage road is removed. Robinson
staff will provide the Franchise Engineer with a design concept for their review. The storm sewer
design will need to be reconfigured to move the site detention pond to a new location while
continuing to meet storm water requirements for this site. A new intersection between Buckhart
Street and Logan Avenue will need to be designed and coordinated with Franchisee Engineers
and city staff.
Extend Phillip Caldwell Drive: This task includes additional topographic survey of the area,
additional roadway design with the production of plan and profile sheets, and the design of all
utilities in this area with plan sheets. The regional grading model was extended to include this
additional area of coverage. An existing detention basin was designed to drain to the regional
detention basin.
Restructure Stormwater Conveyances: This task included design drainage swales through the
back yards of the commercial properties in the development to manage a portion of the 100-year
storm water flows. Design the streets and the underground storm sewer system to allow only the
front 50 to 100 feet of land to flow towards the streets. Design a number of different pipe outlets
to channel the swales and storm sewer system to the regional detention pond to meet the
stormwater management ordinance. Revised the detention pond calculations to match the new
system and evaluate any impacts these changes would have on the pond design. Make changes to
the pond as needed to accommodate the 100-year flows.
819 Second Street NE, Independence, IA 50644 Phone: 3 l 9-334-7211
Page 469 of 577
Ns
Robinson Engineering Company
Consulting Engineers
Lakeside Street Sanitary: The existing Lakeside Street sanitary sewer flows into the sewer
main along East 4th Street. This task will look at the system and make any changes to the flows to
ensure that it still drains into the 4th Street system.
Intersection at Heath Street and Logan Avenue: Although a subcontractor was tasked with the
design of signals for this intersection, some modifications had to be made. This task includes
making changes in the sidewalk and the intersection layout to provide room for the proposed
signals.
Final Platting and Right -of -Way Displays: This task will include the platting of North
Crossing 5th Addition in the area around Phillip Caldwell Drive. Platting work will be completed
by a subconsultant with a Licensed Surveyor on staff Right-of-way displays will be produced to
show impacts to property lines and proposed easements.
Construction Administration: This task will include the review of shop drawings during
construction by the design engineer only. Any additional construction needs will be outside of
this contract and need to be provided for elsewhere.
II. Compensation
Frontage Road Termination:
Buckholt/Logan Revised Access $2,500
Iowa DOT Permits and Coordination $3,500
Storm Sewer Adjustments $4,500
Temporary Carwash Accommodations $ 800
McDonalds Redesign:
Meeting with Franchise $ 600
Coordinating with Franchise Engineer $2,500
Sitework Function and Concept Work $6,500
Relocating Site Detention at McDonalds $4,200
Storm Sewer Reconfiguration $3,000
Additional Topographic Survey $4,500
Plat Revisions $1,400
Phillip Caldwell Drive Extension:
Design and Plan Sheets $7,000
Storm Sewer Adjustments $3,000
Existing detention bypass to regional basin $7,000
Water and Sanitary Design $1,200
Additional Survey $1,000
Extended Regional Grading Plan $3 ,400
Restructure Stormwater Conveyance:
Storm Sewer System Redesign $13,500
Swale Design $2,250
Regional Basin Design $6,000
819 Second Street NE, Independence, IA 50644 Phone: 3 l 9-334-7211
Page 470 of 577
Ns
Robinson Engineering Company
Consulting Engineers
Lakeside Street Sanitary:
Design and Plan Sheets $4,200
Intersection — Heath & Logan:
Inclusion of plans $1,000
West Quadrant Crosswalks $2,000
Final Platting and Right -of -Way:
North Crossing 5t1i Addition Final Plats $5,000
Right-of-way Exhibits $5,000
Construction Administration:
Shop Drawing Review $3,500
Total Additional Compensation = $99,050.00
The compensation for this supplemental agreement is to be integrated with that covered under the
original contract.
III. In all other respects, the obligations of City of Waterloo and Robinson Engineering
Company shall remain as specified in the Original Contract dated April 5, 2021, and all
addendums.
IN WHITNESS WHEREOF, the parties hereto have executed this Addendum No. 1 as of the dates shown
below.
•
OWNER: ENGINEER:
City of Waterloo Robinson Engineering Company
By: Quentin M. Hart By: Monica Smith, PE
Title: Mayor Title: President
ATTEST:
Kelley Felchle, CMC
City Clerk
819 Second Street NE, Independence, IA 50644 Phone: 3 1 9-334-7211
Page 471 of 577
CITY OF WATERLOO
Council Communication
Resolution approving a Software Service Agreement with Tyler Technologies, Inc., for Tyler Time and
Attendance Software (ExecuTime), in an amount not to exceed $88,300.00, and authorizing the Mayor to
execute said documents.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description Type
u Service Agreement - ExecuTime Backup Material
SUBJECT:
Resolution approving a Software Service Agreement with Tyler
Technologies, Inc., for Tyler Time and Attendance Software (ExecuTime),
in an amount not to exceed $88,300.00, and authorizing the Mayor to execute
said documents.
Submitted by: Submitted By: Bridgett Wood, Finance Manager
Summary Statement:
This payroll software will replace the current payroll software that is being
sunset. It also integrates into the current accounting and workforce software
the City has through Tyler Technologies. It will provide for mobile access
and advance scheduling which the current payroll software does not offer.
This will also be hosted via the cloud so no additional server storage is
required on -site.
Page 472 of 577
•
•:°:% tyler
• technologies
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler's proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A— DEFINITIONS
• "Agreement" means this Software as a Service Agreement.
• "Business Travel Policy" means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
• "Client" means the City of Waterloo, Iowa.
• "Data" means your data necessary to utilize the Tyler Software.
• "Data Storage Capacity" means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
• "Defect" means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then -current Documentation.
• "Defined Users" means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum
number of named users that are authorized to use the Enterprise Permitting & Licensing labeled
modules as indicated in the Investment Summary.
• "Developer" means a third party who owns the intellectual property rights to Third Party
Software.
• "Documentation" means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
• "Effective Date" means the date by which both your and our authorized representatives have
signed the Agreement.
• "Force Majeure" means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
• "Investment Summary" means the agreed upon cost proposal for the products and services
attached as Exhibit A.
••.,. tyler
1
Page 473 of 577
• "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• "Order Form" means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
• "SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary.
• "SaaS Services" means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
• "SLA" means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
• "Support CaII Process" means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
• "Third Party Hardware" means the third party hardware, if any, identified in the Investment
Summary.
• "Third Party Products" means the Third Party Software and Third Party Hardware.
• "Third Party SaaS Services" means software as a service provided by a third party, if any,
identified in the Investment Summary.
• "Third Party Services" means the third party services, if any, identified in the Investment
Summary.
• "Third Party Software" means the third party software, if any, identified in the Investment
Summary.
• "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties' products or services, as applicable.
• "Tyler" means Tyler Technologies, Inc., a Delaware corporation.
• "Tyler Software" means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
• "we", "us", "our" and similar terms mean Tyler.
• "you" and similar terms mean Client.
SECTION B — SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non -assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
••.,. tyler
2
Page 474 of 577
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party's business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on
Standards for Attestation Engagements ("SSAE") No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non -Disclosure Agreement ("NDA"), we will provide you with a
summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
NDA is in effect and in which you make a written request, we will provide that same
information. If our SaaS Services are provided using a 3rd party data center, we will provide
available compliance reports for that data center.
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6.2 You will be hosted on shared hardware in a Tyler data center or in a third -party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully -redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective ("RPO") of 24 hours and a Recovery Time Objective ("RTO") of 24
hours. RPO represents the maximum duration of time between the most recent recoverable
copy of your hosted Data and subsequent data center failure. RTO represents the maximum
duration of time following data center failure within which your access to the Tyler Software
must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific.
Should you request a client -specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request, we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
6.6 We will be responsible for importing back-up and verifying that you can log -in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
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Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements.
SECTION C — PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation -related services itemized in
the Investment Summary.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set
forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy. You acknowledge that the fees stated in the Investment Summary are good -faith
estimates of the amount of time and materials required for your implementation. We will bill you
the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the
total values set forth in the Investment Summary will be resolved by multiplying the applicable
hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains the scope of services and related costs
(including programming and/or interface estimates) required for the project based on our
understanding of the specifications you supplied. If additional work is required, or if you use or
request additional services, we will provide you with an addendum or change order, as applicable,
outlining the costs for the additional work. The price quotes in the addendum or change order will
be valid for thirty (30) days from the date of the quote.
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our
personnel, including arranging travel reservations, at least two (2) weeks in advance of
commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for
Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us
on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to
reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you
cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re -perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
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deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation -related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third -party
secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely, we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control. Either way, you agree to provide us with full and free access
to the Tyler Software, working space, adequate facilities within a reasonable distance from the
equipment, and use of machines, attachments, features, or other equipment reasonably necessary for
us to provide the maintenance and support services, all at no charge to us. We strongly recommend
that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services; or (d) support outside our normal business hours as listed in our then -
current Support Call Process. Requested services such as those outlined in this section will be billed to
you on a time and materials basis at our then current rates. You must request those services with at
least one (1) weeks' advance notice.
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SECTION D — THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third -party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within fifteen (15) days of notice of our intent to do so.
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SECTION F — TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services
in Exhibit A, commencing on the first day of the first month following the Effective Date, unless
earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one
(1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional
one (1) year renewal terms at our then -current SaaS Fees unless terminated in writing by either
party at least sixty (60) days prior to the end of the then -current renewal term. Your right to access
or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the software, products, and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. Disputed fees and expenses in all terminations other than your termination for cause
must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is
contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we
may discontinue the SaaS Services and deny your access to the Tyler Software. We may also
terminate this Agreement if you don't cure such failure to pay within forty-five (45) days of
receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds
sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
SECTION G — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation
infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets,
and will pay the amount of any resulting adverse final judgment (or settlement to which we
consent). You must notify us promptly in writing of the claim and give us sole control over its
defense or settlement. You agree to provide us with reasonable assistance, cooperation, and
information in defending the claim at our expense.
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1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement,
including with non -licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a
law applicable to our performance under this Agreement. You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third -party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER
DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
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YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH
IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL
TERM, THE THEN -CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS
OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF
LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d)
Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella
Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General
Liability and Automobile Liability policies, which will automatically add you as an additional insured
to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of
insurance upon your written request.
SECTION H — GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then -current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non -binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
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4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct -pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
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12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non -enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non -enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will give us
prompt notice and otherwise perform the functions required by applicable law.
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18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
reasonably suspected of putting Tyler resources or other Tyler clients' data at risk, we reserve the
absolute right to move your Data from its location within a multi -tenancy Tyler hosted environment
to an isolated "quarantined" environment without advance notice. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non -quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler's, we reserve
the right to require payment of additional fees for the extended duration of quarantine. We will
provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler's Data & Insights
data platform. Your rights, and the rights of any of your end users, to use Tyler's Data & Insights
data platform is subject to the Data & Insights SaaS Services Terms of Service, available at
https://www.tylertech.com/terms/data-insights-sass-services-terms-of-service. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of Waterloo, IA
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Waterloo
One Tyler Drive 500 Jefferson Street
Yarmouth, ME 04096 Waterloo, IA 50701
Attention: Chief Legal Officer Attention:
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Exhibit A
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Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration
date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of
conflict between the Agreement and terms in the Comments section of this Investment Summary, the
language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Exhibit A
•
• • •
tyler
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• technologies
Sales Quotation For:
City of Waterloo
500 Jefferson St
Waterloo IA 50701-5422
Tyler Annual Software - SaaS
Quoted By: Robb Ann Hurst
Quote Expiration: 5/31/23
Quote Name: Cloud TA900/AS170
Description
Annual
rpiwvirr
Time & Attendance
Time & Attendance Mobile Access License
Time & Attendance
Advanced Scheduling Mobile
Advanced Scheduling
Sub -Total
Less Discount:
TOTAL
Hourly Services
$ 3,636
$ 24,197
$ 2,849
$ 12,099
$ 42,781
$ 7,131
$ 35,650
Description
Hours Price
New World ERP
2022-374399-RON3Y2
Page 1
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Exhibit A
Time & Attendance
Advanced Scheduling Implementation Fees
Time & Attendance Implementation Fees
TOTAL
Fixed Fee Services
64
176
240
$ 12,480
$ 34,320
$ 46,800
Descri •tion
Units Price Maintenance
Other Services
Project Management
1
$0
$0
Time & Attendance
Project Management
TOTAL
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
Total SaaS $ 0 $ 35,650
Total Tyler Services $ 52,650 $ 0
Total Third -Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 52,650 $ 35,650
Contract Total $ 88,300
2022-374399-RON3Y2
1 $ 5,850
$ 5,850
$0
$0
Page 2
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Exhibit A
Any acquisition of clocks and/or clock maintenance is subject to the following terms:
Time & Attendance Clock Terms (tylertech.com)
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement")
between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform
to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third -party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software
available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
• Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the
Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such
fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
o Implementation and other professional services fees shall be invoiced as delivered.
o Fixed -fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50%
upon delivery of custom desktop procedures, by module.
o Fixed -fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the
converted data into
Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on
a time and material basis. "
o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where Project
Planning Services are
provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be
invoiced monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice
Client 50% of any Migration
Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go -live of
the applicable product
suite. Tyler will invoice Client for any Project Management Fees listed above upon the go -live of the first product suite. Annual SaaS Fees will be invoiced
upon availability of the hosted environment.
• Expenses associated with onsite services are invoiced as incurred.
Any SaaS or hosted solutions added to an agreement containing Client -hosted Tyler solutions are subject to Tyler's SaaS Services terms found here:
2022-374399-RON3Y2 Page 3
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Exhibit A
https://www.tylertech.com/terms/tyler-saas-services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
2022-374399-RON3Y2 Page 4
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Exhibit B
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Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term, your annual
SaaS fees will be at our then -current rates.
2. Other Tyler Software and Services.
2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.
2.2 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary.
2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed -fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
2.4 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
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Exhibit B
2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where "Project Planning
Services" are provided, payment will be due upon delivery of the Implementation Planning
document. Dedicated Project Management services, if any, will be billed monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due
annually, in advance, commencing on the availability of the service. Your annual fees for the
initial term are set forth in the Investment Summary. Upon expiration of the initial term,
your annual fees will be at our then -current rates.
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software
is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary. For the
avoidance of doubt, Finite Matters will invoice Client directly for any services fees for
Pattern Stream.
3.5 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party's then -current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Schedule A and
may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then -current Business Travel Policy, plus a 10% travel agency processing fee. Our current
Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be
provided upon request; we reserve the right to charge you an administrative fee depending on
the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and
mileage logs are not available.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
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Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
Exhibit B
Schedule 1
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee's total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee's total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for "Basic Economy Fares" because these fares are non-refundable and have
many restrictions that outweigh the cost -savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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Exhibit B
Schedule 1
2. Ground Transportation
A. Private Automobile
Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a "mid -size" or "intermediate" car. "Full" size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
"No shows" or cancellation fees are not reimbursable if the employee does not comply with the
hotel's cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
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Exhibit B
Schedule 1
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon
Depart after 12:00 noon
Return Day
Lunch and dinner
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
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Exhibit B
Schedule 1
5. Internet Access — Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the "lowest practical coach fare" with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
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Exhibit C
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Exhibit C
Service Level Agreement
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. This SLA does not apply to any Third Party
SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter,
calculated as follows: (Service Availability — Downtime) - Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third -party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2)
maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance
that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
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Exhibit C
Downtime, a Client Error Incident, Denial of Service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the
calendar quarter.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your
relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Client Relief Schedule
Actual Attainment
*
Client Relief
99.99% - 98.00%
Remedial action will be taken
97.99% - 95.00%
4%
Below 95.00%
5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable,
we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable
during the maintenance window.
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Exhibit C
Schedule 1
Support Call Process
Support Channels
Exhibit C
Schedule 1
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) — for less urgent and functionality -based questions, users may create
support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most "how-to" and configuration -
based questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email — for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone —for urgent or complex questions, users receive toll -free, telephone software
support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website — www.tylertech.com — for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community —provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University — online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday —
Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler's holiday schedule is
outlined below. There will be no support coverage on these days.
New Year's Day
Labor Day
Martin Luther King, Jr. Day
Thanksgiving Day
Memorial Day
Day after Thanksgiving
Independence Day
Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
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Exhibit C
Schedule 1
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets
set forth below.
We will also make commercially reasonable efforts to be available for one pre -scheduled Saturday of
each month to assist your IT staff with applying patches and release upgrades, as well as consulting with
them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler's Customer Relationship Management System and given a
unique case number. This system tracks the history of each incident. The case number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the case
number, through Tyler's Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client's needs. Tyler and the Client
will reasonably set the priority of the incident per the chart below. This chart is not intended to address
every type of support incident, and certain "characteristics" may or may not apply depending on
whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is
to help guide the Client towards clearly understanding and communicating the importance of the issue
and to describe generally expected response and resolution targets in the production environment only.
References to a "confirmed support incident" mean that Tyler and the Client have successfully validated
the reported Defect/support incident.
Priority
Level
Characteristics of Support Incident
Resolution Targets*
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client's remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level
1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non -hosted customers, Tyler's responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
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Exhibit C
Schedule 1
Priority
Level
Characteristics of Support Incident
Resolution Targets*
2
High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level
2 incidents within four (4) business hours of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non -hosted customers, Tyler's
responsibility for loss or corrupted data is limited to
assisting the Client in restoring its last available
database.
3
Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level
3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non -hosted customers,
Tyler's responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4
Non
critical
Support incident that causes failure of
non -essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level
4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client's database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote
support tool. Tyler's support team must have the ability to quickly connect to the Client's system and
view the site's setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
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CITY OF WATERLOO
Council Communication
Resolution approving changes to the City Credit Card Policy, effective January 4, 2023.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
ATTACHMENTS:
Description Type
❑ Credit Card Policy Proposed December 19, 2022 Backup Material
SUBJECT:
Submitted by:
Summary Statement:
Resolution approving changes to the City Credit Card Policy, effective
January 4, 2023.
Submitted By: Bridgett Wood, Finance Manager
The Credit Card policy was reviewed by City Council at the work session
on December 19, 2022. The agreed -upon changes have been incorporated
into the policy.
Page 503 of 577
CITY CREDIT CARDS
OVERVIEW
Purpose
These guidelines establish the City's basic policies and procedures for using credit cards in
making supply and service purchases on behalf of the City and paying for travel expenses when
on City business as outline in the Travel and Meeting Policy.
Objectives
By using credit cards instead of other payment options we hope to:
• Reduce procurement and payment processing costs.
• Improve vendor relations by making "doing business" with the City easier.
• Take advantage of cost -saving opportunities by purchasing on the Internet and through
catalogs.
Background
In the past, the City has limited its use of credit cards to those situations where it was the only
viable payment option. Accordingly, Finance maintained a limited number of "generic" Visa
cards in the City's name in a central inventory. With approval by the department head, Finance
issued these cards on a case -by -case basis, usually for travel purposes. After their use,
employees returned the card along with their receipts. In a few cases, Finance issued card
numbers (but not the card itself) to departments for use in over -the -phone, fax or Internet
purchases. As commerce and business is changing, departments are finding the need for a credit
card of their own to manage without having the check in/out one from the Finance Department.
This saves time for both Finance staff and other department's staff. This means that each
Department Head or elected City Officials will need to determine the number of credit cards
their department needs and the limit on each card (subject to the approval of the Finance
Department), making sure even with higher limits to abide by the purchasing, pre -authorization,
and travel policies as required.
Several factors have led the City to recommend the use of credit cards:
• Some vendors who once agreed to "open purchase orders" will no longer do so; they
require either a major credit card or store -issued credit cards to make purchases.
• Internet and catalog (via telephone and fax) purchasing is much more prevalent (offering
significant cost -reduction opportunities for the City), and this requires the use of a credit
card.
Internal Control Concerns
1
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City Credit Cards
• While credit cards provide a cost-effective alternative for purchasing items and paying
for authorized travel expenditures, the potential for abuse may offset any benefits that
they offer. To address this concern, the following policies are recommended for
implementation.
Adoption and Implementation. The Council is responsible for adopting the City's credit card
policy and for approving any significant policy revisions to it. The Mayor is responsible for
developing administrative procedures as needed to implement the guidelines. In this role, the
Mayor is authorized to make minor administrative changes in the guidelines as long as they are
intended to carryout the purpose of these guidelines and will not have any significant policy
impacts.
These are overall guidelines for the City. Departments may implement more restrictive
guidelines, but may not adopt any that are more liberal.
Summary. Some level of risk is inherent in expanding credit card use in conducting City
business, and we should recognize this. However, there are also significant advantages; and with
reasonable internal controls and exercise of good judgment by cardholders, we believe these
advantages outweigh the underlying potential for abuse.
POLICIES
• Department heads or elected city officials will be responsible for distributing City credit
cards to employees as needed and will assume responsibility for those employees'
purchases as well. Before receiving and/or using a city credit card, employees will sign a
Credit Cardholder Use Agreement to be held on file in their personnel record and with
the Finance Department
• Department heads will set credit card limits up to $5,000. Based on written justification
by the department head, the Finance Department may approve credit limits in excess of
this amount. Department heads may also set "per transaction" limits at their discretion.
• Credit cards should never be used to circumvent established competitive purchasing
procedures. This means no purchases for goods or services should be made in excess of
the threshold that would otherwise require competitive bidding.
• Credit cards may be used in paying for travel expenses. However, the City's Travel
Guidelines still apply to all such credit card payments, including the use of Travel
Requests and per diem amounts.
• Employees will not use City credit cards to obtain cash advances for any reason.
Obtaining cash advances on City cards is a misuse of City funds and a serious breach of
the City's ethics policy. Doing so —even if the intent is to reimburse the City later and
even if the cash is used for legitimate City expenses —will result in disciplinary action, up
to and including termination.
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City Credit Cards
• Employees will not use City credit cards for personal expenses even if the intent is to
reimburse the City later. Charging personal expenses on City cards is a misuse of City
funds and a serious breach of the City's ethics policy. Doing so —even if the intent is to
reimburse the City later —will result in disciplinary action, up to and including
termination.
Note: Including minor incidental expenses as a component part of a larger billing —such
as personal telephone calls or video rentals on a hotel bill —is allowed if reimbursed at
the time the credit card billing is submitted for payment.
Standard Way of Doing Business. Using credit cards is no longer a "special way" of
purchasing supplies and services on behalf of the City; for certain purchases, it will become the
standard way of doing business. For those employees assigned City credit cards, purchasing
supplies and services on behalf of the City is an integral part of their job duties; and failure to
follow City policies and procedures regarding the use of City cards is no different from failure to
follow policies and procedures in any other aspect of their job.
PROCEDURES
Requesting Credit Cards. Department heads should submit credit card requests to Finance
with a completed Credit Cardholder Use Agreement to approve cardholders and set credit card
limits Department heads will need to include supplemental justification for credit limits in
excess of $5,000.
Criteria. Department heads should consider the following factors in approving credit card use
for their staff and setting credit limits.
• Ability to hold the employee accountable for purchases made on the card.
• Recognition that delegating authority to an employee to purchase via credit card is not
conceptually different from delegating authority to them to purchase from an open
contract on a vendor account. In this context, departments should consider issuing cards
in the same manner that they would consider authorizing employees to use open vendor
accounts. On the other hand, there is much greater potential in the "breadth -of -use" of
credit cards: employees can use them with more than just a few vendors. Department
heads should also consider this added discretion and increased potential for abuse in
approving credit cardholders.
• Frequency of use, diversity of vendors and dollar value of purchases made by the
employee.
Cardholder Use Agreement. Before receiving a credit card, employees will sign a "credit
cardholder use agreement" (Exhibit A) setting forth their obligations under this program.
Competitive Bidding. The City's competitive bidding standards apply to all types of payment
methods, including credit card purchases. Generally, credit card purchases other than for items
such as computer equipment and airfare will be for smaller expenditures. While there may be
3
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City Credit Cards
exceptions as allowed under the City's purchasing policies, this means expenditure pre -
authorizations should be obtained for purchases in excess of $2,500 and travel requests should be
obtained for travel expenditures.
Timely Payment. Department heads are responsible for ensuring that payment vouchers with
appropriate supporting documentation are provided to the Finance Department prior to the due
date for payment. To avoid posting errors, administrative charges and late fees, Finance will pay
all credit card charges on a timely basis, even if supporting documentation is not yet received
from the operating departments. When subsequently received, the supporting documentation
will be retroactively reconciled to the payment. Instances where this occurs should be very rare
and due to extenuating circumstances. Accounting staff will notify the Finance Department
Head of any such instances of late or inaccurate payment submittals. After reviewing the
circumstances, the Finance Department Head will recommend to the department head
appropriate follow-up action, including cancellation of card privileges and disciplinary action.
Disputed Charges. Card users are responsible for ensuring that the vendor, issuing bank and
Finance Deparliiient are notified immediately of any disputed charges. Standard forms (provided
by the issuing bank) are available from Finance for this purpose. Departments should pay the
statement in full —including any disputed amounts —to avoid finance charges and late fees; when
resolved, this will result in a credit to the account on the next monthly statement.
Standard Process for Payment. The City's standard accounts payable system will be used in
processing monthly credit card statements for payment. Each credit card charge should be listed
separately on the credit card payment voucher, and account numbers, purchase descriptions and
amounts referenced as appropriate. Supporting documentation for credit card payments should
be the same as for any other accounts payable item. This means that original invoices (or
detailed receipts) along with detailed credit card receipts must be retained, reconciled to the
credit card statement and attached to the payment voucher.
Lost or Stolen Cards. Cardholders are responsible for ensuring that the issuing bank and the
Finance Department Head are notified immediately if the card is lost or stolen. Standard forms
(provided by the issuing bank) are available from Finance for this purpose. Failure to do so may
result in making the cardholder responsible for any fraudulent use of the card.
Disciplinary Action. Department heads are responsible for all disciplinary action surrounding
misuse of cards, including requesting cancellation of card privileges.
Return of the Card Upon Request or Termination. Cardholders will immediately surrender
their card upon request of their department head. Human Resources is responsible for retrieving
the credit card when an employee separates from the City. Use of the credit card for any purpose
after its surrender is prohibited.
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City Credit Cards
RESPONSIBILITIES
• Cardholders. Purchase supplies and services on behalf on the City in accordance with
these guidelines as well as other established City policies.
• Department Heads. Authorize issuance of credit cards and set credit limits; develop and
implement departmental procedures to ensure that payments are appropriately reviewed
and approved, processed in a timely manner and that all supporting documentation is
retained, reconciled to monthly statements and attached to payment vouchers; and
oversee implementation of these guidelines.
• Finance. Establish "master account" relationship with issuing bank; issue credit cards as
requested by department heads in accordance with these guidelines; process credit card
payment vouchers in accordance with the City's accounts payable policies and
procedures; ensure that the monthly "master account" is paid in full on a timely basis;
develop guidelines ("best practices") for departmental payment procedures; help resolve
billing disputes; and replace lost or stolen cards.
• Human Resources. Retrieve credit cards from employees separating from the City.
SUMMARY
These guidelines cannot cover every issue, exception or contingency that may arise in using City
credit cards. Accordingly, the basic standard that should always prevail is to use common sense
and good judgment in the use and stewardship of City resources.
Amended, restated, and Approved by City Council on January 3, 2023. (Previously approved by the City Council
July 8, 2002)
City Credit Card Policy
5
Page 508 of 577
City Credit Cards: Credit Cardholder Use Agreement Exhibit A
CITY OF WATERLOO
CREDIT CARDHOLDER USE AGREEMENT
Employee: Department:
Approved By:
Department Head: Finance Department:
The above named employee (Cardholder) of the City of Waterloo has been issued a City credit card. The Cardholder
has been provided with a copy of the City's credit card policy, and hereby agrees to comply with all terms and
conditions set forth therein, including but not limited to:
1. Official Use Only. City credit cards are for official City use only. Obtaining cash advances on City cards is a
misuse of City funds and a serious breach of the City's ethics policy even if the cash is used for legitimate City
business expenses. Charging personal expenses on City cards is a misuse of City funds and a serious breach of
the City's ethics policy. Obtaining cash advances or charging personal expenses —even if the intent is to
reimburse the City later —will result in disciplinary action, up to and including termination. Minor incidental
expenses as a component part of a larger billing —such as personal telephone calls or video rentals on a hotel
bill —may be allowed if reimbursed at the time the credit card billing is submitted for payment.
2. Timely, Accurate and Supported Payments. Credit card payments will be processed on a timely basis, and
adequate supporting documentation (such as vendor order forms, receipts, invoices and credit card receipts) will
be retained for all charges and attached to payment vouchers. If appropriate receipts are not retained and turned
in I agree to reimburse the City through payroll deduction for any undocumented charges or any charges that do
not comply with City policies.
3. Disputed Charges. The vendor, issuing bank and Finance Department will be notified immediately of any
disputed charges.
4. Lost or Stolen Cards. The issuing bank and the Department of Finance will be notified immediately of a lost
or stolen card. Failure to do so could make the Cardholder responsible for any fraudulent use of the card.
5. Surrender Upon Request or Separation. The credit card will be immediately surrendered upon retirement,
termination or upon request of the department head. Use of the credit card for any purpose after its surrender is
prohibited.
6. Credit Card Limit. The credit limit of this card is $
7. Other Restrictions.
I have been advised of and accept the City of Waterloo Credit Card policies and procedures.
Cardholder Signature
Date
DISTRIBUTION: Original —Cardholder Personnel File Copies —Finance, Department Head and Cardholder
RETURN OF CITY CREDIT CARD UPON SEPARATION FROM CITY EMPLOYMENT
I HEREBY SURRENDER the credit card issued to me by the City of Waterloo to the Human Resource Department.
I declare that all outstanding charges on the credit card are for official City business and will be paid through
established procedures.
Cardholder Signature Date Human Resources Date
6
Page 509 of 577
CITY OF WATERLOO
Council Communication
Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in an amount not to
exceed $949,000.00, for project and construction management and inspections services for the fiber backbone
and fiber -to -the -home network project implementation in 2023, and authorizing the Mayor to execute said
document.
City Council Meeting: 1/3/2023
Prepared: 12/27/2022
ATTACHMENTS:
Description
Magellan Professional Services Agreement - Project
u Management, Construction Management, and
Inspection Services for 2023
SUBJECT:
Submitted by:
Summary Statement:
Type
Backup Material
Resolution approving a Professional Services Agreement with Magellan
Advisors, LLC, in an amount not to exceed $949,000.00, for project and
construction management and inspections services for the fiber backbone
and fiber -to -the -home network project implementation in 2023, and
authorizing the Mayor to execute said document.
Submitted By: Bridgett Wood, Finance Manager
The City is requesting to enter into a Professional Services Agreement with
Magellan Advisors, LLC for the fiber backbone and fiber -to -the -home
project implementation. The agreement covers project management,
construction management, and inspection services for the project. The not to
exceed costs are for calendar year 2023.
Page 510 of 577
PROPOSAL
CITY OF WATERLOO, IOW
Project Management, Construction
Management and Inspections
Services
Prepared for: Prepared by:
Mayor Quentin Hart Courtney Violette
quentin.hart@waterloo-ia.org Magellan
cviolette@magellanbroadband.com
386-931-3520
magellanbroadband.com
Magellan
www.MAGi E L LAN B ROADBAN D.i:
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Magellan
Scope of Work
With the Project Design completed, and shovel ready drawings prepared, the City is ready
to move into Project Implementation which includes many tasks related to network
construction planning, facilities planning, electronics and equipment, wholesale services,
and interconnections into network partners.
Magellan proposes to continue in its role as Project Engineer for the duration of the
buildout, while also providing Project Management, Construction Management and
Inspections services to oversee the deployment of Waterloo's fiber backbone and FTTH
networks.
We propose the following SOW:
TASK 1: PROJECT MANAGEMENT
(Begins Month 1)
Magellan will provide an experienced Project Manager ("PM") and Project Management
Team to oversee all technical and operational tasks required to launch the Waterloo
Fiber network, including both backbone and FTTH components. Additional resources
including Magellan's Project Executive, Technical Consultants, and others will be tasked
with fulfilling various portions of these tasks throughout the duration of this
engagement. Expected tasks include:
Manage and coordinate day-to-day activities of moving the City's network into
construction as expeditiously as possible following the City's procurement
process, contract approval and notice to proceed.
Ensure all Federal Funding contract requirements are included in each
procurement where necessary.
Manage Project Capital Expenditure budgets and develop reports as necessary.
Team with Construction Manager and Construction Inspectors to manage the
project implementation plan, including tracking to schedule, budget, issues
identification and resolution, and risk mitigation.
Provide regular progress reports, and schedule and coordinate all project related
calls, as well as ad -hoc vendor/coordination discussions.
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Magellan
Refine and revise the project implementation plan to reflect the OSP buildout
schedule and all necessary steps to implement and turn -up the network.
Develop working relationship with Cedar Falls Utilities (CFU) for wholesale
services and operational support, including integration into the 28E agreement(s)
for shared video (cable TV) headend, IP transit peering for Internet access, and
exploration of collocation and NOC services beneficial to Waterloo Fiber's
ongoing operations.
Oversee negotiation of programming, transport, and licensing agreements with
NCTC for video service offering.
Work with Magellan's Subject Matter Experts (SMEs) to create the designs,
functional specifications, scopes of work, and RFP's necessary for implementation
of Waterloo Fiber including network equipment, operating support systems
(OSS), prefabricated shelters, inside plant, service fulfillment, and operational
services. Magellan's SME's will research and advise on all options available to the
city specific to each procurement including value -engineering designs,
developing Statements of Work (SoW), and validating costs to budget. Our team
will deliver customized SOWs for each procurement, recommend the appropriate
procurement vehicle, and participate in the procurement process including pre -
bid conferences, bidder inquiries, issuing RFP addendums, evaluating bids,
making recommendations, and assisting in final negotiations.
Project related procurements may include:
Fiber -Optic OSP Construction (RFP in development)
Fiber Management Systems
Operating Support Systems
Billing Systems
Data Center/Building Renovations/Architectural Engineering
Inside Plant (ISP), Power, Environmental, Access Security, etc.
Network Equipment and Software
Wholesale Internet and Transport Services
Voice Services and Video (Cable TV) Components and Integrators
Data Center Colocation and Entrance Facility Options
Fiber -Optic OSP Operations, Maintenance, and Monetization
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Magellan
Service Installation and Activation for Subscribers
Contracted Network Operations Services
Manage design changes, and value engineering opportunities for the fiber-optic
network, including coordinating all project approvals/changes, change orders,
billing/invoice approvals by vendors, and other project administrative functions.
Work with Magellan SME's and vendors to ensure that equipment and software
are implemented, configured, and tested prior to launch.
Assist in development of job descriptions, interviews, staffing readiness, and
suggested workplace environment.
Support Business Operations and Readiness:
Prepare for customer service readiness ("CSR") by determining workflows
for all new site order types (e.g. initial installs, changes, trouble handling,
etc.)
Assist with billing and accounting setup
Oversee integration of BSS/OSS systems for order management, service
provisioning, and subscriber billing
Setup processes to interact with O&M vendors for scheduling work orders,
adds/moves/changes, and repairs
Test processes prior to production launch
Oversee deployment of the service edge and upstream services including CFU
Internet, CFU video, and iMon voice.
Develop and oversee acceptance tests of the network and services.
Oversee production launch based on rollout plan with post -rollout review.
Develop maintenance procedures for repair and restoration. Ensure smooth
transition to City Operations and City staff.
TASK 2: PROJECT ENGINEERING SUPPORT
(Begins Month 3)
Magellan proposes to continue providing engineering support for the project during the
full construction and deployment effort. There will be numerous requirements for
drawings to be revised and modified during the permit process, and to support field
changes that may occur in the field. Engineering support will include a design project
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Magellan
management resource, additional fielding efforts in the Waterloo market as needed, and
ongoing management and oversight from Magellan's Iowa licensed Professional Engineer
("PE").
TASK 3: CONSTRUCTION MANAGEMENT
(Begins Month 2 - 60-Days Before Construction Mobilization)
Magellan's Construction Manager ("CM") will act as the City's liaison to the Outside Plant
(OSP Construction Contractors) team and will manage the overall construction of the
City's fiber-optic network(s). The CM will review overall compliance with project
schedules and specifications, assessing Contractor adherence to public works and right
of way restrictions, performance of construction activities, and development of
applicable project documentation.
Other tasks that will be performed include:
Managing the overall Construction deployment of the Outside Plant (OSP),
ensuring schedule management, specification compliance and documentation.
Approving all materials to be used in the job, as well as all construction
subcontractors.
Act as the main point of contact for selected OSP Contractor, addressing field
issues, coordinating daily activities, assessing compliance with both health and
safety requirements and with applicable permits.
Coordinating with the City as applicable on updates with project reporting,
construction activities, material access and handling, production tracking,
documentation control, administrative requirements.
Production tracking, coordination with construction vendor, assessing adherence
to schedule commitments, troubleshooting, tracking completion of punch list
items, confirming final completion and delivery, and turnover to operations.
Review of production installations to specifications and assisting the City to
manage the project within budget and schedule timelines.
Facilitating "onsite" quarterly, cross -functional meetings with the City, providing
applicable construction updates, identifying any issues with, and resolution of,
applicable action items.
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Magellan
TASK 4: CONSTRUCTION INSPECTION
(Begins Month 3 - 30-Days Before Construction Mobilization)
Magellan will provide Construction Inspection ("CI") services for the City as Waterloo's
network is constructed. Magellan has assumed at least (1) one construction inspector to
start but may require a second. Our estimates include a single inspector for either each
Construction Prime Contractor, or for every 4 construction crews.
Magellan's construction inspectors will provide on -site supervision to determine
compliance with project specifications, safety and permitting requirements. In addition,
Magellan will provide quality review on installation and ground restoration in real time.
All field data and information related to changes in the field, as built and redline
information will also be acquired and reviewed in real time. In addition to these services,
on -site inspection services provide field representation, to assist the City with oversight
of crews in the field. Field inspection services include the following, as well as per diem,
lodging, and vehicles for local CI resources up to 6 days per week:
Real time inspection services, including compliance and specification review of
installations.
Onsite assessment of installed quantities and installation quality assurance.
Review of compliance with safety standards including OSHA, city, county, and
state requirements, as well as maintenance of traffic compliance and permit -
specific requirements.
Review of local, state, and federal code compliance including National Electric
Safety Code.
Onsite supervision of fiber-optic testing (OTDR and power meter) and
compliance.
Field level decision -making to minimize crew downtime.
Review of deliverable accuracy for all documentation including red lines,
directional bore logs and production sheets.
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Page 516 of 577
Magellan
Magellan Project Team
Magellan's proposed Project Team is depicted below, however Magellan reserves the
right to modify and change team members as necessary.
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0
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Page 517 of 577
Magellan
Pricing
The tasks outlined in the Scope above, will be performed on a monthly fixed price basis,
excluding travel expenses that will be billed as incurred on a not to exceed basis, and
invoiced as follows.
Task(s)/Description
Cost
Task 1: Project Management
$25,000
Task 2: Project Engineering Support'
$5,000
Task 3: Construction Management 2
(Includes 1 in market Construction Manager/Inspector)
$30,000
Task 4: Construction Inspection3
(1 inspector per 4 construction crews)
(Each contractor requires one inspector if multiple contractors)
$22,5004
Monthly Total
$82,500
Estimated Monthly Travel Expenses (billed as incurred)
$4,000
Monthly Total
$86,500
Project Engineering Support billing starts Month 3
2 Construction Management billing starts Month 2 - 60 days from construction mobilization
3 Construction Inspections billing starts Month 3 - 30 days from construction mobilization
4 Additional inspectors billed at $20,000 per month
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Magellan
Estimated Schedule
Magellan estimates that construction of all phases will take 36 months as depicted below.
While construction activity would require Construction Inspection services during the
construction phases of the project, we anticipate Construction Management through full
construction closeout and Project Management for full turnkey deployment to take up to
45 months. Magellan proposes to handle all Project Management and Construction
Management related services over this term through construction punch lists, data center
and services turn -up, site migration, and execution of its implementation plan.
Table 1 - Services Jan 2023 - Dec 2023
Billing
Month/Year
(Month #)
Description
PM
PE
CM
CI
Expenses
Monthly Total
January 2023
(Month 1)
$25,000
$0
$0
$0
$2,000
$27,000
February 2023
(Month 2)
$25,000
$0
$30,000
$0
$2,000
$57,000
March 2023
(Month 3)
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
April 2023
(Month 4)
Milestone:
Construction
Start
Construction
Month 1
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
May 2023
(Month 5)
Construction
Month 2
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
June 2023
(Month 6)
Construction
Month 3
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
July 2023
(Month 7)
Construction
Month 4
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
August 2023
(Month 8)
Construction
Month 5
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
September
2023
(Month 9)
Construction
Month 6
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
October 2023
(Month 10)
Construction
Month 7
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
November 2023
(Month 11)
Construction
Month 8
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
December 2023
(Month 12)
Construction
Month 9
$25,000
$5,000
$30,000
$22,500
$4,000
$86,500
Cost Estimates through December 2023
$949,000
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Magellan -00.-
Signature & Acceptance
Signature of this Proposal by Client warrants that all components of this Proposal are
acceptable to the City of Waterloo and that the person(s) signing this Proposal has the
right, power, and authority to execute the Proposal.
Magellan Advisors, LLC
A Florida Limited Liability
Company 999 18th Street, Suite
3000, Denver, CO 80202
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Print Name: Courtney Violette Print Name:
Title: COO Title:
Signature:
Signature:
Date: December 1, 2022 Date:
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Page 520 of 577
CITY OF WATERLOO
Council Communication
An ordinance adopting a new city seal and logo.
City Council Meeting: 1/3/2023
Prepared: 12/28/2022
ATTACHMENTS:
Description Type
❑ Ord. City Seal Amendment 12.9.2022.pdf Backup Material
SUBJECT:
Motion to receive, file, consider, and pass for the first time an ordinance
amending the City of Waterloo Code of Ordinances by repealing Section 2,
Municipal Seal, of Chapter 2, Municipal Charter and Seal, Title 1,
Administration, and enacting in lieu thereof a new Section 2, City Seal and
Logo.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and
adopt said ordinance.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Page 521 of 577
TITLE 1, ADMINISTRATION
CHAPTER 2, MUNICIPAL CHARTER AND SEAL
1-2-2: CITY SEAL AND LOGO:
A. CITY SEAL: A seal having in the center an image consisting of the Cedar River on
the bottom of the image, the covered 4th Street Bridge spanning the Cedar River in the
center, vegetation appearing directly above the bridge, and a depiction of buildings
representing the city skyline behind the vegetation. Arching along the top of the image
are the words "CITY OF WATERLOO" and arching along the bottom of the image are
the words "OFFICIAL SEAL". The words on top and bottom of the image are separated
by one small circle on the right and left side of the image that lies parallel on either side
with the image of the 4th Street Bridge. The city clerk shall procure such a seal, have
the custody of the seal, and cause it to be affixed to all documents, resolutions,
ordinances, transcripts, orders or certificates, which it may be necessary or proper to
authenticate as an official city document. Any use of the city seal in a manner
inconsistent with this section, or by a person not authorized by this section, shall be a
violation of this code. The image of the seal appear in the colors shown below as
follows:
B. CITY LOGO: The city logo consists of the words "CITY OF WATERLOO" with a
large, stylized "W". The city logo may also appear with the tagline "Community of
Opportunity" or the name of a city department below Waterloo. The image of the city
logo appear in the colors shown below as follows:
CITY OF
%4fJ4TERLOO
C. All uses of the image of the city seal and city logo are restricted to official city
business and such other appropriate uses that further the operations of the city as may
be authorized in writing by the mayor, the mayor's designee(s) or city clerk, or as
Page 522 of 577
otherwise specifically permitted by this Code. This Section shall not prohibit the public
from displaying the image of the city seal and city logo for the purpose of promoting
community pride.
D. City officers, city employees, members of the city council, and members of city
boards and commissions may use stationary, printed materials, pins, clothing, flags, and
other articles with the image of the city seal or city logo while acting within the scope of
their office or employment.
E. No person, including any elected officer of the city, may use the image of the city
seal or city logo in any correspondence or other printed materials distributed in favor of
or against any ballot measure or in favor of or against any candidate for public office.
F. The image of the city seal or city logo may be at times requested for use by outside
entities or agencies for events co -hosted or supported by the city. All such requests
must be submitted to the mayor or the mayor's designee(s) who has the discretion to
approve or deny such requests, and to promulgate the manner, timing, and format of
such requests.
G. City departments, such as the police department, fire department, library, leisure
services, and airport, may adopt department logos. Such logos shall be approved by
the mayor prior to use.
H. The city may adopt trademarks and service marks to protect the use of its name,
marks, and ensure that the city shares in the benefits derived from commercial and non-
commercial use of its marks in order to comply with and assure protection under federal
trademark law.
I. It shall be unlawful for any person to make or use the city seal or city logo
fraudulently, or without express written permission of the City of Waterloo.
Unauthorized use of the city seal or city logo shall be a violation of this Code.
Page 523 of 577
CITY OF WATERLOO
Council Communication
4:15 p.m. Council Work Session, Harold E. Getty Council Chambers
City Council Meeting: 1/3/2023
Prepared:
Submitted by: Submitted By:
Page 524 of 577
CITY OF WATERLOO
Council Communication
Airport Board Meeting minutes of October 26, 2022.
City Council Meeting: 1/3/2023
Prepared: 12/15/2022
ATTACHMENTS:
Description Type
❑ Airport Board Meeting Minutes of October 26, 2022 Backup Material
SUBJECT: Airport Board Meeting minutes of October 26, 2022.
Submitted by: Submitted By:
Page 525 of 577
MINUTES
WATERLOO REGIONAL AIRPORT BOARD
Wednesday, October 26, 2022
I. ROLL CALL
Board Chair, Scott Voigt, called the meeting to order at 12:00 p.m.
Board Members Present: Arlene Humble, Scott Voigt, Gwenne Berry, Cary Darrah, and
David Deeds.
Board Members Absent: Todd Holcomb and Doug Rathburn.
City Officials Present: Ray Feuss, Council Liaison.
City Officials Absent: John Chiles, Council Liaison.
Airport Staff Present: Keith Kaspari and Sheila Combs.
Other Attendees: Doug Schindel, AECOM; Adrienne Miller, City Planning
Staff.
II. AGENDA AS RECEIVED OR AMENDED
III. PUBLIC COMMENTS
None.
IV. REPORTS
A. Airport Director
Mr. Voigt stated that it would be best to look for a funding source for the AIP project
match that will be required in coming years sooner rather than later.
Mr. Kaspari stated that he will address this once the City hires a new CFO.
B. Legislative Information — Industry News
C. Misc. Monthly Airport Reports
General discussion by Staff and Board regarding budget, enplanements, and airfares.
Mrs. Humble asked about the excessive overtime on the year-to-date budget. Mrs.
Combs stated that is due to being short one person on the Operations staff since early
August.
1
Page 526 of 577
V. BOARD APPROVAL
A. Approval of Minutes of the September 28, 2022 Regular Meeting.
Mrs. Berry moved approval of the minutes of the September 28, 2022 meeting,
seconded by Mrs. Darrah. Ayes: 4. Motion carried.
B. Motion to Receive and File September 2022 Expenses.
Mrs. Humble moved that the September 2022 expenses be received and filed,
seconded by Mrs. Berry. Ayes: 4. Motion carried.
VI. OLD BUSINESS
A. Board Update: Airport Department: Personnel Update.
Mr. Kaspari stated that additional interviews need to be scheduled. He would like to
move one applicant along in the hiring process but will need to discuss with the
Mayor and/or Director of Human Resources to see if he can go ahead with that before
other candidates are interviewed.
B. Board Update: Installation of DHS/TSA Reduced Size Explosive Detection Scanner
(RSEDS).
Mr. Kaspari stated that a new unit is being shipped for delivery the first week of
November.
C. Board Update: Revision/Rewrite of ALO Airport Security Plan (ASP).
Mr. Kaspari stated that he received a template from LaCrosse to work off of.
VII. NEW BUSINESS
A. Board Update: Verbal Recap of the Air Service Conference Attended by Board
Member David Deeds, Along with ALO's Air Service Consultant — Will
Berchelmann from Volaire Aviation.
Mr. Deeds gave an overview of options discussed in both formal and informal airline
meetings.
He stated he would like to track the load factors on the a.m. inbound and p.m.
outbound flights, as opposed to the overall load factor, which includes the poorly -
timed morning arrival and evening departure, in the current schedule.
Mr. Deeds stated there is another Routes Conference coming up in March 2023 in
Chicago.
2
Page 527 of 577
B. Request Board Support to Reimburse David Deeds for all fees incurred for attending
the Take Off Air Service Conference in Las Vegas, October 15 --19.
Mr. Kaspari stated that he felt it would be appropriate to reimburse Mr. Deeds for his
expenses. Mr. Deeds stated that he did not request reimbursement but would accept it,
if approved.
He also stated that he flew first class but wouldn't expect to be reimbursed for
anything more than the coach rate. Mrs. Combs stated that we would need to check
with Finance, as she was unsure if the City would reimburse a Board member's travel
expenses.
Mrs. Darrah moved approval of Mr. Kaspari' s request to reimburse Mr. Deeds,
contingent upon City approval, seconded by Mrs. Berry. Ayes: 3 (Mr. Deeds
abstained). Motion carried.
C. Rental Car Operations at ALO.
Mr. Kaspari shared that he'd recently met a pair of arriving passengers in the
Terminal, looking for the Hertz rental counter. After he explained that Hertz was no
longer on -site, they tracked their rental car, through an app, and found it waiting for
them in the parking lot at Livingston, with keys and paperwork inside the FBO
Terminal.
The consensus of the Board was that this should not be happening as, at best, this is a
type of revenue diversion and, at worst, there could be liability issues. The Board
directed Mr. Kaspari to reach out to local Hertz management again and let them know
that, in the absence of some type of concession agreement, they are not allowed to
leave cars on airport property for their customers to pick up.
Mr. Kaspari also needs to notify Livingston that they should not be allowing this to
happen either. Board also discussed whether John Deere, as a major Hertz corporate
client, may be able to put some pressure on Hertz to return to the airport terminal.
D. Board Update: FAA Correspondence for CARES Funded Work — Grant No: 54,
Upgrade of Airline Passenger Terminal HVAC System; and Installation of CCTV
Monitoring System — FAA Go Letters — Approval to Advertise the Project and
Engineer's Estimate.
Mr. Kaspari stated that the Go Letters for these projects have been received and plans
are coming together.
E. Board Update: FAA Correspondence and Go Letters for CARES Funded Work —
Grant No: 55, Pave Fire Station Parking Lot; and Installation of ARFF Vehicle
Exhaust Systems — FAA Go Letters and Approval to Advertise the Project and
Engineer's Estimate.
Mr. Kaspari stated that the Go Letters for these projects have been received and plans
are coming together.
3
Page 528 of 577
F. Discussion on Dates for the November & December Board Meetings.
With the upcoming Thanksgiving, Christmas and New Year's holidays, Mr. Kaspari
suggested canceling the November meeting, rather than holding it the day before
Thanksgiving and then moving up the December meeting to December 14th, rather
than having it between Christmas and New Year's.
After discussion, it was decided that morning would work best for the December
meeting, so it will be scheduled for 9:30 a.m. on the 14th.
Mr. Kaspari stated that consultants from both Volaire Aviation and Advance Aviation
will be coming for the December meeting, so he hopes everyone will be able to
attend.
VIII. STAFF AND BOARD MEMBER COMMENT
None.
IX. ADJOURNMENT
Mrs. Humble moved adjournment of the meeting at 1:05 p.m., seconded by Mrs. Berry.
Ayes: 4. Motion carried.
Respe dully submitted,
t, Chairperso
4
Page 529 of 577
CITY OF WATERLOO
Council Communication
Leisure Services Commission Board minutes of November 8, 2022.
City Council Meeting: 1/3/2023
Prepared: 12/12/2022
ATTACHMENTS:
Description Type
u 11/08/2022 Minutes Backup Material
SUBJECT: Leisure Services Commission Board minutes of November 8, 2022.
Submitted by: Submitted By:
Page 530 of 577
MINUTES
WATERLOO LEISURE SERVICES COMMISSION
TUESDAY, November 8, 2022
1101 Campbell Avenue
The meeting was held in the Conference Room at the 1101 Campbell Avenue. Brenda
Durbahn called the meeting to order at 7:30am.
Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Brenda
Durbahn, Tim Moses, Tom Christensen, Tom Powers, Bob Bamsey, Golf Pros Nate
Lubs and Monte Meyer, Noel Anderson from Planning& Zoning, Maria Kuiper from
Waterloo Courier Staff: Paul Huting, Todd Derifield, JB Bolger, Chris Dolan, Travis
Nichols, Bob Etringer Absent: none
Brenda Durbahn called for approval of the agenda. Request was made to discuss Golf
Rates and Golf Reservation Policy before other agenda items. Motion by Ellen
Vanderloo to approve amended agenda, second by Tom Powers. Ayes: All Nays: None
Brenda Durbahn called for motion for the approval of the 10/11/2022 meeting minutes.
Motion made by Ellen Vanderloo to approve meeting minutes, second by Tom Powers.
Ayes: All Nays: None
Brenda Durbahn called for approval of the bills. Bob Bamsey made a motion to approve
October bills, second by Tom Powers Ayes: All Nays: None
WATERLOO MUNICIPAL GOLF RATES FOR 2023
JB Bolger presented information on area golf rates. He presented proposed rates for the
2023 golf season. See attached. Golf Pros Nate Lubs and Monte Meyer were present.
They both support the suggested rates. They said people come here to golf for the
quality of the golf courses and enjoy having three courses from which to choose. Tom
Christensen made a motion to approve the rate changes as submitted, second by Bob
Bamsey.
GOLF RESERVATION POLICY
JB Bolger presented the proposed Golf Tournament and Outing Reservation Policy.
See attached. The policy is being updated to outline the procedures currently being
followed. Monte Meyer and Nate Lubs, Golf Pros, agree with the suggested policy.
Motion by Bob Bamsey to approve the reservation policy as presented, second by Tom
Powers.
SHELTER RENTAL RATES AND POLICIES
Currently the City of Waterloo rents 3 shelters in parks at a rate of $15 for a half day
and $30 for a full day. This has been the rate for over 40 years. The revenue brought in
each year is approximately $2,000. All other shelters are utilized on a first -come first -
serve basis.
After reviewing the other community fees for shelter rentals, it is apparent that Waterloo
Leisure Services shelters are significantly underpriced. In an effort to recoup more of
the resources put into maintain our shelter system, staff is proposing to:
• Rent a total of 12 shelters: Hope Martin, Exchange, Cedar Vista, Brynes 1,
Byrnes 2, Byrnes 3, Furgerson-Fields, Gates, Lafayette, Maywood, Springview
and Sullivan.
Page 531 of 577
• Increase rate for a full day rental of Hope Martin Shelter, Exchange Shelter and
Cedar Vista Shelter to $120. All other shelter rentals are proposed to be $60 for
full day rentals. Half day rentals will be eliminated.
• Add a `Clean up fee' charged to the rental party that leaves excessive trash in
and around the shelter in the amount of the rental rate.
• Change the hours of shelter rentals to be 9am to 9pm.
After discussion concerning the shelter rentals, Bob Bamsey made a motion to approve
the park shelter reservation changes as listed, second by Tom Christensen.
SULENTIC PARK UPDATES
The park was originally named West Ridge Park after its purchase in 1967. In 1981 a
gift was pledged to the Waterloo Park Commission in the amount $50,000 for the
renaming of the Park to Sulentic Park. The funding was received over a three year
period and a sufficient amount of the gift of money was to be used to improve and
maintain Sulentic Park.
The 4.7 acre parcel located along Ansborough Ave. was heavily considered as a
possible site for a city water tower. That is why the sign along Ansborough references
Waterloo Water Works and Waterloo Park Commission.
The 1.49 acre parcel and the daycare parcel to the east were both owned by the
Waterloo School District. After the school closed, Waterloo Schools sold the old school
to a day care company and sold the 1.49 acre lot to the City of Waterloo with the
understanding that if the City sold this lot for development the school district expected to
share the proceeds. In 2019 the discussion of selling the 1.49 acre parcel for
development brought out a lot of concerns from the neighborhood. Neighbors are
requesting that the City formally designate the 1.49 acre lot part of the park so it would
not be developed.
There are planned improvements for Sulentic Park including a new picnic shelter and
walkways. The placement of these improvements might be modified based on whether
or not the 1.49 acre parcel will be developed for housing.
Motion by Ellen Vanderloo to have the 1.49 acres be dedicated to Leisure Services as
park land, second by Tom Christensen.
Motion by Bob Bamsey to have the Water Works deed 4.7 acres to the City of Waterloo
for Park Purposes, second by Tom Powers.
These changes will secure the property as Sulentic Park location and staff can proceed
with improvements in this park.
STAFF UPDATES
Forestry — Todd Derifield
The City of Waterloo received a REAP grant in the amount of $193,890 for Phase II of
the Greenbelt Lake improvements. Phase II includes the addition of a shelter,
information kiosk, park identification sign, interpretive signage around the lake, kayak
launch, and park entrance sidewalk. Forestry Apprentice physical testing and
interviews were held end of last month. The timed physical part of the process tested
the candidates endurance, physical agility, and if they were scared of heights or not. All
three candidates passed the physical testing and then passed the oral interviews. The
list of these three candidates will be presented to the civil service commission on
November 18th to be certified.
Page 532 of 577
Sports and SportsPlex — Bob Etringer
• The Multipurpose Room at the SportsPlex is a voting location today for the
Elections
• Memberships and overall activity is up at the SportsPlex with the weather change
• High school football teams have been using turf for practice
• Friday, November 18th SportsPlex is hosting 37th Annual Thanksgiving Turkey
Shoot sponsored by Waterloo Optimist Club
Construction — Travis Nichols
The crew has started doing a modified winter garbage route. Last week we pulled the
garbage cans for inside the parks and only have cans on hard surfaced areas. They
continue to do park inspections and repairs. They are also doing miscellaneous repairs
at city facilities. The Edison Park project has been approved and we are waiting on
agreement from Community Development to start project. I have been taking bids on
equipment and we are ready to hit the ground running only we receive
agreement. Demolition at Gates soccer pitch has started and all the trees and brush
have been grubbed out and removed. It definitely opens up the view of the golf course.
Golf and Downtown Area — JB Bolger
• New website has gone live. It is mobile device friendly. Staff has been through
training on how to operate it and we are still learning more on how to use it. I do
not have all the 2023 golf outings posted yet but will working on that soon.
• We are converting mowers into snow removal machines in our main shop.
• We installed upgrades to the alarm system at Gates Pro Shop and those have
paid off because the police department did detain one juvenile after a break in
this past weekend.
• Staff meet with the EPA to discuss what permission is needed from them before
proceeding with the work at the former Chamberlain site. AECOM is working on
the list of items they wanted so that the project can proceed on a site that is
totally safe for park users.
• Rounds report was distributed.
Young Arena — Chris Dolan
Locker room flooring scheduled to be completed the week of November 7.
WBH will be at home November 11-12 vs Tri City. The Black Hawks are on a 12 out of
13 game home stand. The Waterloo Warriors will be hosting Dubuque on Thursday
November 10t". The new Point of Sale system has been installed in all concession
areas. The new Young Arena Web site is live and mobile friendly.
The next regular Leisure Services Commission Meeting will be held Tuesday,
December 13, 2022.
Motion made by Tom Christensen to adjourn the meeting, second by Tom Powers.
Brenda Durbahn adjourned the meeting at 8:40am.
Jessica Rucker, Secretary
Page 533 of 577
GOLF TOURNAMENT AND OUTING
RESERVATION POLICY
1. All organized golf tournaments and outings over four (4) tee times must be
approved in advanced by the Leisure Services Administration.
2. Requests for tournaments and outings must be submitted on the Tournament
and Outing Request Form. Request forms are available at the Leisure Service
office or by visiting https://www.waterlooleisureservices.orq/golf/
3. Forms should be returned to the Leisure Services office at the following physical
or email address:
Waterloo Leisure Services
1101 Campbell Ave
Waterloo, IA 50701
James. Bolger c@Waterloo-IA.ORG
4. Assignment of tournament and outing dates will be on a first come first serve
basis.
5. Shotgun starts must be pre -approved by the Leisure Services Administration.
Factors that will be utilized in determining approval include but are not limited to:
• Number of expected players
• Day of the week
• Peak or non -peak golf season
• Other events already on the schedule
6. The golf pros have the concession for golf carts, beer, and food. All
arrangements for their use shall be made with the pro at the golf course where
the tournament will be held.
Page 534 of 577
CITY OF WATERLOO
Council Communication
Communication from the Police Department on the notice of the conclusion of employment for Shane
Buchholz, Police Officer, effective November 28, 2022, with recommendation of approval of payout of
$5,493.51 for unused benefits.
City Council Meeting: 1/3/2023
Prepared: 12/16/2022
ATTACHMENTS:
Description Type
❑ Buchholz Payout Backup Material
SUBJECT:
Communication from the Police Department on the notice of the conclusion
of employment for Shane Buchholz, Police Officer, effective November 28,
2022, with recommendation of approval of payout of $5,493.51 for unused
benefits.
Submitted by: Submitted By:
Page 535 of 577
CITY OF WATERLOO, IOWA
CITY HALL 715 MULBERRY STREET 50703
To: City Council Members
Re: Notice of Severance
Department POLICE
Job Title/Classification Police Officer
This is to report that the employment of Shane Buchholz
with the City of Waterloo has been severed by reason of:
Today's Date:
Effective Date:
Employment Date: 3/10/2022
11/22/2022
1 1 /28/2022
❑ Retired
Disability Related E No ❑ Yes
0 Resigned
El Termination
E Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Comments:
Benefits
Total Hours
(x) Hourly Rate
Total Payout
Vacation -Current
0.00
$32.22
S -
Vacation -Accrued
78.00
$32.22
$ 2.513.16
Usable Sick Leave
0.00
$32,22
(x) 25 Yn
$ -
Personal Hours
49.50
$32.22
$ 1.594 89
Unscheduled Leave
43.00
$32.22
$ 1,385.46
Unscheduled Overage
0.00
$32.22
$ -
Other Pay
$32.22
S
Total Payment
$ 5,493.51
Approved by
Human Resources
L V
\(((( �� CC .
Date 1//3d/ i Z
194 litijij`
Date
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk (Copy in Personnel File)
Clerk's Office will forward approved form to Department
Council Agenda Date: ` I ❑ AS/400 Status/Accruals ❑ 1-9
Page 536 of 577
CITY OF WATERLOO
Council Communication
Communication from the Building Inspections Department on the notice of the conclusion of employment for
Bob Osgood, Chief Plumbing Inspector, effective December 30, 2022, with recommendation of approval of
payout of $10,194.00 for unused benefits.
City Council Meeting: 1/3/2023
Prepared: 12/16/2022
ATTACHMENTS:
Description Type
❑ Osgood Payout Backup Material
SUBJECT:
Communication from the Building Inspections Department on the notice of
the conclusion of employment for Bob Osgood, Chief Plumbing Inspector,
effective December 30, 2022, with recommendation of approval of payout of
$10,194.00 for unused benefits.
Submitted by: Submitted By:
Page 537 of 577
CITY HALL
715 MULBERRY STREET, WATERLOO, IA 50703
Today's Date: 12/15/2022
Effective Date: 12/30/2022
Employment Date: 1/1/1997
To: City Council Members
Re: Notice of Severance
Department Building Inspections
Job Title/Classification Chief Plumbing Inspector
This is to report that the employment of Bob Osgood
with the City of Waterloo has been severed by reason of: Li Retired
Disability Related El No ❑ Yes
❑ Resigned
❑ Termination
❑ Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Comments:
Benefits
Total Hours
(x) Hourly Rate
Total Payout
Vacation -Accrued
200
$ 33.98
$ 6,796.00
Vacation -Current
0
$ -
$ -
Usable Sick Leave
0
$ -
(x) 25%
$ -
Frozen Sick Leave
(x) 60%
$ -
Personal Hours
0
$ -
$ -
Comp Time Pay
100
$ 33.98
$ 3,398.00
Unscheduled Leave
$ -
Other Pay
0
$ -
$ -
Total Payment ll $ 10,194.00
Approved by
Human Resources n
(aFs �)Scfaa
Date (2-(j -2Z
Date 21 1 S1 22_
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: 1 I 3 r
2 ❑ Accruals ❑Status ❑-9
Updated 6/28/11
Page 538 of 577
CITY OF WATERLOO
Council Communication
Communication from the Fire Department on the notice of the conclusion of employment for Pat Treloar, Fire
Chief, effective December 23, 2022, with recommendation of approval of payout of $19,289.53 for unused
benefits.
City Council Meeting: 1/3/2023
Prepared: 12/16/2022
ATTACHMENTS:
Description Type
❑ Treloar Payout Backup Material
SUBJECT:
Submitted by:
Communication from the Fire Department on the notice of the conclusion of
employment for Pat Treloar, Fire Chief, effective December 23, 2022, with
recommendation of approval of payout of $19,289.53 for unused benefits.
Submitted By:
Page 539 of 577
CITY OF WATERLOO, IOWA
CITY HALL 715 MULBERRY STREET 50703
Today's Date: 12/13/2022
Effective Date: 12/23/2022
Employment Date: 5/5/1997
To: City Council Members
Re: Notice of Severance
Department Fire
Job Title/Classification Chief
This is to report that the employment of Pat Treloar
with the City of Waterloo has been severed by reason of:
• Retired
Disability Related ❑ 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
Total Payout
Vacation -Accrued
195.62
$ 67.30
$ 13,165.23
Vacation -Current
41
$ 67.30
$ 2,759.30
Usable Sick Leave
16
$ 67.30
(x) 25%
$ 269.20
Frozen Sick Leave
(x) 60%
$ -
Personal Hours
46
$ 67.30
$ 3,095.80
Comp Time Pay
$ -
Unscheduled Leave
$ -
Other Pay
-
$ -
Total
Payment' $ 19,289.53
Approved by
Human Resources
nicc{L. 4-isoLitcL
Date
Date
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk (Copy in Personnel File)
Clerk's Office will forward copyofapproved form to Department and Human Resources
Council Agenda Date: P12-2-- ❑ Accruals ❑Status ❑-9
Updated 6/28/11
Page 540 of 577
CITY OF WATERLOO
Council Communication
Planning and Zoning minutes of September 26, 2022.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
ATTACHMENTS:
Description Type
❑ 9/26/22 minutes Backup Material
SUBJECT: Planning and Zoning minutes of September 26, 2022.
Submitted by: Submitted By:
Page 541 of 577
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING, AND ZONING COMMISSION
REGULAR MEETING - 4:00 P.M. SEPTEMBER 26, 2022
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Wilber at 4:00 p.m. via zoom and in -person in the Harold E. Getty Council Chambers at
Waterloo City Hall. The meeting was moved from September 13, 2022 due to the lack of a quorum.
Members present were: Virginia Wilber, Ali Parrish, Phillip Shirk, and Steve Trost.
Members present electronically were: Cody Leistikow.
Members absent were: Patricia Serfling, Samm Blatt, and Janelle Ewing.
Others present were: Aric Schroeder, Lexi Blank, and John Dornoff — Planning Department; Jaime Knutson
— City Engineer, and four citizens.
Others present electronically: Dave Boesen — City Council Liaison and 2 citizens.
I. Approval of the Agenda
It was moved by Serfling and seconded by Trost to approve the agenda. Motion carried unanimously.
II. Approval of the Minutes from the regular meeting on August 18, 2022.
It was moved by Trost and seconded by Serfling to approve the minutes of the August 18, 2022
meeting. Motion carried unanimously.
III. Financial Report July 2022.
Schroeder reviewed the financial report.
It was moved by Parrish and seconded by Serfling to receive and place the financial report on file.
Motion carried unanimously.
IV. Oral Presentations
There were no oral presentations.
V. New Business
A. Hearings — Rezones/Special Permits
1. Request by BCP Development LP & Dr. Robert A Behar to rezone approximately 1.3 acres from
"C-2" Commercial District to "C-2, C-Z" Conditional Zoning District to allow for auto repair
shop and sales located at 1237 Flammang Drive (former Petco store).
It was moved by Serfling and seconded by Leistikow to receive and place on file the statement of
verification at 4:03 p.m. Motion carried unanimously, and Wilber declared the hearing open.
Dornoff read the staff report recommending approval of the request with the following conditions: 1) The
site is limited to permitted uses in the "C-2" Commercial District and an auto repair shop and sales
business; 2) There will be no outside storage repair vehicles or of materials/parts; 3) There will be no
storage containers permitted, 4) No major body work on vehicles will be performed on -site; and 5) That
when any repairs are made to the retaining wall or the parking lot, sidewalks are to be installed along
Flammang Drive.
Page 542 of 577
Planning and Zoning Commission
September 26, 2022
It was moved by Trost, seconded by Parrish, to close the public hearing. Motion carried unanimously.
The hearing was closed at 4:07p.m.
It was moved by Serfling, seconded by Parrish, to recommend approval of the request by BCP
Development LP & Dr. RobertA Behar to rezone approximately 1.3 acres from "C-2" Commercial
District to "C-2, C-Z" Conditional Zoning District to allow for auto repair shop and sales located at
1237 Flammang Drive (former Petco store) with the following conditions: 1) The site is limited to
permitted uses in the "C-2" Commercial District and an auto repair shop and sales business; 2) There
will be no outside storage repair vehicles or of materials/parts; 3) There will be no storage containers
permitted, 4) No major body work on vehicles will be performed on -site; and 5) That when any repairs
are made to the retaining wall or the parking lot, sidewalks are to be installed along Flammang Drive .
Motion carried unanimously.
2. Request by Kwik Trip, Inc. for a Site Plan Amendment to allow for construction of a 22' X 20'
440 square foot storage building next to the car wash facility located in the "C-P" Planned
Commercial District located at 950 Tower Park Drive.
It was moved by Parrish and seconded by Serfling to receive and place on file the statement of
verification at 4:09 p.m. Motion carried unanimously, and Wilber declared the hearing open.
Hyberger read the staff report recommending approval of the request.
It was moved by Serfling, seconded by Schoborg, to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:14 p.m.
It was moved by Trost, seconded by Parrish, to recommend approval of the request by Kwik Trip, Inc.
for a Site Plan Amendment to allow for construction of a 22' X 20' 440 square foot storage building
next to the car wash facility located in the "C-P" Planned Commercial District located at 950 Tower
Park Drive. Motion passed unanimously.
3. Request by SKS Communications for a Site Plan Amendment to allow for the construction of a
new 2,400 square foot office building in the "B-P" Business Park District located north of 3173
Titan Trail.
It was moved by Parrish and seconded by Serfling to receive and place on file the statement of
verification at 4:09 p.m. Motion carried unanimously, and Wilber declared the hearing open.
Andera read the staff report recommending approval of the request with the following conditions: 1) That
the final site plan meets all applicable city codes, including but not limited to, parking, landscaping,
drainage, etc., except as specifically altered by approval of the site plan amendment and 2) That
additional aesthetically pleasing design elements are added to the building to keep the building in
character with other buildings in the area, such as masonry block or EIFS systems on the buildings walls
that face Titan Trail and Highway 63.
It was moved by Serfling, seconded by Schoborg, to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:14 p.m.
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It was moved by Trost, seconded by Parrish, to recommend approval of the request by SKS
Communications for a Site Plan Amendment to allow for the construction of a new 2,400 square foot
office building in the "B-P" Business Park District located north of 3173 Titan Trail with the
following conditions: 1) That the final site plan meets all applicable city codes, including but not
limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site
plan amendment and 2) That additional aesthetically pleasing design elements are added to the
building to keep the building in character with other buildings in the area, such as masonry block or
EIFS systems on the buildings walls that face Titan Trail and Highway 63. Motion passed
unanimously.
B. Special Permit
1. Request by Plumbs Auto LLC for a Special Permit to allow for expansion of an existing Salvage
Yard in the "M-2" Heavy Industrial District located at 2666 WCF&N Drive (existing yard at
2630 WCF&N Drive).
Blank read the staff report recommending denial of the request.
It was moved by Serfling and seconded by Leistikow to recommend denial of the request by Plumbs
Auto LLC for a Special Permit to allow for expansion of an existing Salvage Yard in the "M-2" Heavy
Industrial District located at 2666 WCF&NDrive (existing yard at 2630 WCF&NDrive). Motion
carried unanimously.
C. Vacates
1. Request by Hong Liang Fang to vacate 60 linear feet of sidewalk in the "R-2" One and Two
Family Residence District located in front of 620 Byron Avenue.
Dornoff read the staff report recommending denial of the request.
It was moved by Parrish and seconded by Leistikow to recommend denial of the request by Hong
Liang Fang to vacate 60 linear feet of sidewalk in the "R-2" One and Two Family Residence District
located in front of 620 Byron Avenue. Motion carried unanimously.
2. Request by Raymond Shepard to vacate city -owned alley right-of-way in the "R-2" One and
Two Family Residence District located north of 108 Bishop Avenue.
Blank read the staff report recommending approval of the request with the following condition: that a 25'
utility easement be retained over the storm sewer located westerly of the Ogden Avenue right-of-way
line.
It was moved by Parrish and seconded by Leistikow to recommend approval of the request by
Raymond Shepard to vacate city -owned alley right-of-way in the "R-2" One and Two Family
Residence District located north of 108 Bishop Avenue with the following condition: that a 25' utility
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easement be retained over the storm sewer located westerly of the Ogden Avenue right -of way line.
Motion carried unanimously.
3. Request by Cedric Culp to vacate city -owned alley right-of-way in the "R-2" One and Two
Family Residence District located south of 500 Ricker Street.
Blank read the staff report recommending approval of the request with the following condition: that a
utility easement be retained over the vacate area.
It was moved by Parrish and seconded by Leistikow to recommend approval of the request by Cedric
Culp to vacate city -owned alley right-of-way in the "R-2" One and Two Family Residence District
located south of 500 Ricker Street with the following condition that a utility easement be retained over
the vacate area.. Motion carried unanimously.
D. Encroachment Agreement
1. Request by Gregory Schreiber for an encroachment agreement to allow for the construction of a
detached structure 4' into an 8' utility easement located in the "R-2" One and Two Family
Residence District located at 928 Loretta Avenue.
Hyberger read the staff report recommending approval of the request with the following condition: a
signed and executed Encroachment Agreement.
It was moved by Parrish and seconded by Leistikow to recommend approval of the request by Gregory
Schreiber for an encroachment agreement to allow for the construction of a detached structure 4' into
an 8' utility easement located in the "R-2" One and Two Family Residence District located at 928
Loretta Avenue with the following condition: a signed and executed Encroachment Agreement.
Motion carried unanimously.
E. Appeals
1. Request by5 Bees LLC for an appeal to the City Code requirement prohibiting vehicles from
parking in city -owned right of way between street and property line located in the "M-1" Light
Industrial District located north of 1808 Black Hawk Street.
Dornoff read the staff report recommending approval of the request with the following conditions: 1) The
parking area would need to graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning
Ordinance and meet specifications of the city engineer and 2) the parking area will not block the sidewalk
or street system in the area.
It was moved by Parrish and seconded by Leistikow to recommend approval of the request by 5 Bees
LLC for an appeal to the City Code requirement prohibiting vehicles from parking in city -owned right
of way between street and property line located in the "M-1"Light Industrial District located north of
1808 Black Hawk Street with the following conditions: 1) The parking area would need to graded,
drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance and meet specifications of
the city engineer and 2) the parking area will not block the sidewalk or street system in the area.
Motion carried unanimously.
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F. Plans and Studies
2. Re -adoption and changes to the City Limits Urban Revitalization Area (CLURA) to extend the
program another five years and add provisions for both in -home and commercial daycare
facilities.
Schroeder went over the request.
It was moved by Trost and seconded by Parrish to recommend approval of the request of re -adoption
and changes to the City Limits Urban Revitalization Area (CLURA) to extend the program another
five years and add provisions for both in -home and commercial daycare facilities. Motion carried
unanimously.
VI. Discussion
The next meeting of the Planning, Programming and Zoning Commission will be on September 13, 2022.
VII. Adjournment
It was moved by Serfling, seconded by Trost, to adjourn the meeting at 5:26 p.m. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner II
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CITY OF WATERLOO
Council Communication
Planning and Zoning minutes of October 11, 2022.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
ATTACHMENTS:
Description Type
❑ 10/11/22 minutes Backup Material
SUBJECT: Planning and Zoning minutes of October 11, 2022.
Submitted by: Submitted By:
Page 547 of 577
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING, AND ZONING COMMISSION
REGULAR MEETING - 4:00 P.M. OCTOBER 11, 2022
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Wilber at 4:00 p.m. via zoom and in person in the Harold E. Getty Council Chambers at
Waterloo City Hall.
Members present were: Virginia Wilber, Ali Parrish, Brandon Schoborg, Cody Leistikow, Patricia
Serfling, and Phillip Shirk.
Members present electronically were: Janelle Ewing and Steve Trost.
Members absent were: none. Note -Representative from Human Rights is currently a vacate position.
Others present were: Aric Schroeder, Lexi Blank, Tim Andera, Seth Hyberger and John Dornoff — Planning
Department; Wayne Castle — City Engineer, and ten citizens.
Others present electronically: Dave Boesen — City Council Liaison and 2 citizens.
I. Approval of the Agenda
It was moved by Schoborg and seconded by Leistikow to approve the agenda. Motion carried
unanimously.
II. Approval of the Minutes from the regular meeting on September 26, 2022.
It was moved by Trost and seconded by Serfling to approve the minutes of the September 26, 2022
meeting. Motion carried unanimously.
III. Financial Report August 2022.
Schroeder reviewed the financial report.
It was moved by Serfling and seconded by Schoborg to receive and place the financial report on file.
Motion carried unanimously.
IV. Oral Presentations
There were no oral presentations.
V. New Business
A. Hearings — Rezones/Special Permits
1. Request by BCP Development LP & Dr. Robert A Behar to rezone approximately 1.3 acres from
"C-2" Commercial District to "C-2, C-Z" Conditional Zoning District to allow for auto repair
shop and sales located at 1237 Flammang Drive (former Petco store).
It was moved by Leistikow and seconded by Schoborg to receive and place on file the statement of
verification at 4:02 p.m. Motion carried unanimously, and Wilber declared the hearing open.
Dornoff read the staff report recommending approval of the request with the following conditions: 1) The
site is limited to permitted uses in the "C-2" Commercial District and an auto repair shop and sales
business; 2) There will be no outside storage of repair vehicles or of materials/parts; 3) There will be no
storage containers permitted, 4) No major body work on vehicles will be performed on -site; and 5) That
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October 11, 2022
when any repairs are made to the retaining wall or the parking lot, sidewalks are to be installed along
Flammang Drive.
Chelsea Curry, 5555 San Felipe Street #1135, Houston, Texas, representing the applicant, stated that they
will not be doing the sale of vehicles, only selling and installing tires and wheels.
Trost asked if it was only the sale of tires but not installation to which Curry stated they will be installing
also.
Parrish asked about the conflict of interest policy to which Schroeder explained the policy.
Parrish also asked with Little Caesar's presence if there is concern to which Schroeder responded that the
Black Hawk County Health Department is on the Technical Review Committee and staff typically does
not hear from them unless there is an issue and staff did not hear from them about any concerns and that
there will be separation between the two uses.
It was moved by Schoborg, seconded by Trost, to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:11 p.m.
It was moved by Schoborg, seconded by Leistikow, to recommend approval of the request by BCP
Development LP & Dr. Robert A Behar to rezone approximately 1.3 acres from "C-2" Commercial
District to "C-2, C-Z" Conditional Zoning District to allow for auto repair shop and sales located at
1237 Flammang Drive (former Petco store) with the following conditions: 1) The site is limited to
permitted uses in the "C-2" Commercial District and an auto repair shop and sales business; 2) There
will be no outside storage repair vehicles or of materials/parts; 3) There will be no storage containers
permitted, 4) No major body work on vehicles will be performed on -site; and 5) That when any repairs
are made to the retaining wall or the parking lot, sidewalks are to be installed along Flammang Drive .
Motion carried unanimously.
2. Request by SKS Communications for a Site Plan Amendment to allow for the construction of a
new 2,400 square foot office building in the "B-P" Business Park District located north of 3173
Titan Trail.
It was moved by Parrish and seconded by Serfling to receive and place on file the statement of
verification at 4:16 p.m. Motion carried unanimously, and Wilber declared the hearing open.
Andera read the staff report recommending approval of the request with the following conditions: 1) That
the final site plan meets all applicable city codes, including but not limited to, parking, landscaping,
drainage, etc., except as specifically altered by approval of the site plan amendment and 2) That
additional aesthetically pleasing design elements are added to the building to keep the building in
character with other buildings in the area, such as masonry block or EIFS systems on the buildings walls
that face Titan Trail and Highway 63.
It was moved by Serfling, seconded by Schoborg, to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:24 p.m.
It was moved by Trost, seconded by Parrish, to recommend approval of the request by SKS
Communications for a Site Plan Amendment to allow for the construction of a new 2,400 square foot
office building in the "B-P" Business Park District located north of 3173 Titan Trail with the
following conditions: 1) That the final site plan meets all applicable city codes, including but not
limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site
plan amendment and 2) That additional aesthetically pleasing design elements are added to the
building to keep the building in character with other buildings in the area, such as masonry block or
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EIFS systems on the buildings walls that face Titan Trail and Highway 63. Motion passed
unanimously.
B. Special Permit
1. Request by Plums Auto LLC for a Special Permit to allow for expansion of an existing Salvage
Yard in the "M-2" Heavy Industrial District located at 2666 WCF&N Drive (existing yard at
2630 WCF&N Drive).
Blank read the staff report recommending denial of the request.
Dornoff noted that one call in opposition was received although the caller did not leave their information
and Councilperson Chiles voiced his concern.
Wilber asked if the property owner between the existing salvage yard and the proposed salvage yard had
been notified and asked for confirmation that the house was not owned by Plum to which Dornoff
responded that all property owners within 250 feet were notified and the property is not owned by Plum.
David Plum, 2630 WFC&N Road stated that the list of issues and requirements from staff was more
extensive than anticipated and all he was looking to do was put up a fence. Plum also noted that he just
purchased the properties through his late father's estate and was not responsible for anything that
happened there before that time.
Wilber asked if the house at the front of the lot is currently vacant and about the concerns of staff to
which Plum responded that it is but his sister wants to live there so he is currently going through the
process of it getting it habitable again, he did not see an issue with the setback, he is currently working
with the neighbor and will try to meet any of her demands and is working with her to buy a portion of her
property in order to connect the two properties. Plum further noted that his father kept cars in the front in
order to deter illegal dumping and Code Enforcement allowed it.
Wilber asked Plum how he gets cars to the back of the lot, do they have to go through the home portion
of the lot and was he aware of the floodplain, to which Plum stated yes they will use a driveway to get
past the house portion and he was not aware of the floodplain issue and he would have to get more details
on what he needs to do about the floodplain.
Trost asked if there was a recommendation of approval and it was approved would they need to come
back to the Commission to which Dornoff responded that the variances would need to be approved by the
Board of Adjustment at their meeting and the request would not return to the Commission.
Wilber asked if the concerns of the Fire Department need to be addressed to which Dornoff responded
that the Fire Department is responsible for their requirement but if the request were approved, yes the
concerns would have to be addressed.
Parrish asked if there were issues with the existing salvage yard today to which Dornoff stated yes.
It was moved by Leistikow and seconded by Schoborg to recommend denial of the request by Plums
Auto LLC for a Special Permit to allow for expansion of an existing Salvage Yard in the "M-2"Heavy
Industrial District located at 2666 WCF&N Drive (existing yard at 2630 WCF&N Drive). Motion
carried unanimously.
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October 11, 2022
C. Plats
1. Request by CGA on behalf of Chris Fischels for the Preliminary Plat of San Marnan Business
Park in the "R-4, R-P" Planned Multiple Residence District and "B-P" Business Park District
located west of 4041 Hurst Drive.
Blank read the staff report recommending approval of the request.
Parrish asked what the potential uses were and if retail was one of them for the site to which Dornoff
responded that mostly what has been developed in the area is professional office but it is a site plan -
specific area so any planned buildings will come back through for a Site Plan Amendment approval.
It was moved by Trost and seconded by Shirk to recommend approval of the request by CGA on behalf
of Chris Fischels for the Preliminary Plat of San Marnan Business Park in the "R-4, R-P" Planned
Multiple Residence District and "B-P" Business Park District located west of 4041 Hurst Drive.
Motion carried unanimously.
D. Vacates
1. Request by Hong Liang Fang to vacate 60 linear feet of sidewalk in the "R-2" One and Two
Family Residence District located in front of 620 Byron Avenue.
Dornoff read the staff report recommending denial of the request.
Parrish stated that she would abstain from this item due to being a representative of Habitat for Humanity
which built the adjacent development.
Wilber asked if the in -fill project were to go through that would only cover the portions that are not there
already and it will be the homeowners' responsibility to complete their portion to which Dornoff
responded yes.
Geo Ang Fang, 620 Byron Avenue, stated that she thought that because the neighbors do not have
sidewalks and their portion was broken that it should be removed. Wilber asked for confirmation that the
sidewalk was all broken to which the applicant answered yes.
Leistikow asked when the last inspection for that section of the city to which Castle responded it was
2014 that inspections last occurred and the homeowners at the time asked about getting rid of the
sidewalk and gave them the details they did not follow up with the vacate and made the repairs that were
required and the next inspection date is 2024. Castle also noted that the home has changed hands since
2014.
Trost stated that it is important for staff to relay to the applicants the importance of the sidewalk infill
program and since the program is in place it is important to not have the sidewalk removed.
Wilber asked for clarification that when the permit was issued it was only for the driveway not for the
removal of the sidewalk and if the permit was issued to the contractor or homeowner to which Dornoff
confirmed that it was only for the driveway and it was issued to the contractor.
Schoborg asked what the next step would be if the recommendation is to deny and questioned if there is
money for the infill to which Schroeder stated that there is no money currently in the budget for the infill
but the Compete Streets Advisory Committee makes funding requests and recommendations for various
complete streets projects which sidewalk infill is a major component of that and this year they made a
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Planning and Zoning Commission
October 11, 2022
recommendation to do six to eight projects, this came up, they revisited the list and voted to add it to the
list and if the project is approved it would be the property owners responsibility to replace the sidewalk
and the property owners can either put it back in or the city will put it back in and asses the costs to the
owners.
Parrish asked why this piece of sidewalk was put in only at this one property to which Castle stated that
between World War II and the 1970s there were many periods that the city did not require sidewalks in
new developments and this is a portion of town right on the edge that did not require sidewalks to be put
in. Parrish then noted that even though they were not required we don't allow the homeowners to take
them out.
Wilber asked if there is a way to deny the sidewalk vacate but only require them to put it back in if the
infill project takes place to which staff questioned whether that could be done, and noted that would need
to be looked into.
Wilber then asked if the item could be tabled.
Parrish asked if the city could put in sidewalks even if the property owners didn't want them to which
Castle responded that is correct, the city code provides for a process to put in sidewalk even if the
abutting property owners does not want it.
Leistikow said that one property should not be required to put in the sidewalk until the infill project is
completed.
Wilber stated that she does not know the condition of the sidewalk but it can be a hazard if not
maintained properly and while she supports the mission of complete streets we should not allow
hazardous conditions.
Parrish stated there is plenty of sidewalks in the area so this section won't make a difference.
Trost stated that the sidewalk was not a usable asset.
It was moved by Leistikow and seconded by Schoborg to table the request by Hong Liang Fang to
vacate 60 linear feet of sidewalk in the "R-2" One and Two Family Residence District located in front
of 620 Byron Avenue. Motion carried 7-0-1 (Parrish Abstained)
2. Request by Raymond Shepard to vacate city -owned alley right-of-way in the "R-2" One and
Two Family Residence District located north of 108 Bishop Avenue.
Blank read the staff report recommending approval of the request with the following condition: that a 25'
utility easement be retained over the storm sewer located westerly of the Ogden Avenue right-of-way
line.
Raymond Sheppard, 108 Bishop Avenue, stated he was available to answer questions.
Parrish asked if there were any plans to separate or sell off any of the land to which Sheppard stated no,
he wants them all together.
Connie Johnson stated that she has no complaint about the applicants getting the parcel but questioned
what would happen to the alley behind her and the other neighbor's land and if they are required to
purchase that portion to which Schroeder asked for clarification on her address and stated that the two
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Planning and Zoning Commission
October 11, 2022
abutting property owners would have the right to purchase their portion and the city requires all abutting
property owners to sign an intent to vacate form to say they are in support of the vacate and if they wish
to purchase their portion because the city does require that the alley be conveyed to either the adjacent
property owner or the applicant. Schroeder noted that there was an intent to vacate form summited for her
property indicated they wanted to purchase the portion that abuts their property.
It was moved by Schoborg and seconded by Parrish to recommend approval of the request by
Raymond Shepard to vacate city -owned alley right-of-way in the "R-2" One and Two Family
Residence District located north of 108 Bishop Avenue with the following condition: that a 25' utility
easement be retained over the storm sewer located westerly of the Ogden Avenue right-of-way line.
Motion carried unanimously.
3. Request by Cedric Culp to vacate city -owned alley right-of-way in the "R-2" One and Two
Family Residence District located south of 500 Ricker Street.
Blank read the staff report recommending approval of the request with the following condition: that a
utility easement be retained over the vacate area.
Parrish asked who owns the parcels to the south, if they were the same owners to which Blank stated they
are different owners, and that they had signed an intent to vacate form indicating they did not want to
purchase the portion that abuts their property.
Parrish also asked how wide the two separate parcels are and where are these in relation to the Hawkeye
houses and if there are homes put on those lots where would the garages go and what would happen to
the approach to which Castle responded that if the alley is vacated then the approach would need to be
removed, the two lots are 47 feet wide, and the Hawkeye houses are a couple of blocks away.
Cedric Culp, 500 Ricker Street noted that the person that owns the two lots has owned those two lots for
over 20 years and has done nothing with them and no one ever uses the alley. Culp also noted the
adjacent property owners signed off on letting the alley be vacated but do not want to purchase their
portion.
Schroeder noted that there are two different areas designated on the map and only one section is being
vacated leaving technically a stub alley however there is a paper alley that will connect with that alley to
which Parrish asked if someone was to build homes on this lot where would staff recommend driveway
access to which Schroeder responded along the side or in the back and if they were going to ask for alley
access staff would need to examine that situation since it is not currently an open alley and the city does
not want more alleys.
Trost asked if the city looked at vacating the entire alley to which Schroeder responded that staff did not
look at that as it would have been the applicant's responsibility to contact every property owner along the
alleys, and get intent to vacate forms signed.
It was moved by Trost and seconded by Leistikow to recommend approval of the request by Cedric
Culp to vacate city -owned alley right-of-way in the "R-2" One and Two Family Residence District
located south of 500 Ricker Street with the following condition that a utility easement be retained over
the vacate area. Motion carried unanimously.
E. Encroachment Agreement
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1. Request by Gregory Schreiber for an encroachment agreement to allow for the construction of a
detached structure 4' into an 8' utility easement located in the "R-2" One and Two Family
Residence District located at 928 Loretta Avenue.
Hyberger read the staff report recommending approval of the request with the following condition: a
signed and executed Encroachment Agreement.
It was moved by Schoborg and seconded by Parrish to recommend approval of the request by Gregory
Schreiber for an encroachment agreement to allow for the construction of a detached structure 4' into
an 8' utility easement located in the "R-2" One and Two Family Residence District located at 928
Loretta Avenue with the following condition: a signed and executed Encroachment Agreement.
Motion carried unanimously.
F. Appeals
1. Request by Nedzad Jasarevic for an appeal to the City Code requirement prohibiting vehicles
from parking on city -owned right-of-way to allow for the parking of vehicles on a (16' X 140')
2,240 square feet section of City right-of-way at 1400 Blackhawk Street.
Hyberger read the staff report recommending denial of the original encroachment agreement request but
recommending approval of an appeal to the City Code requirement prohibiting
Leistikow asked if there has been similar requests to this type of appeal to which Dornoff responded that
there has been two previous requests similar to this one and the one that follows.
It was moved by Leistikow and seconded by Parrish to recommend denial of the request by Nedzad
Jasarevic for an appeal to the City Code requirement prohibiting vehicles from parking on city -owned
right-of-way in the newly paved portion closest to the intersection, and approval of the request by
Nedzad Jasarevic for an appeal to the City Code requirement prohibiting vehicles from parking on
city -owned right-of-way to allow for the parking of vehicles on a (16' X 140') 2,240 square feet section
of City right-of-way at 1400 Blackhawk Street. Motion carried unanimously.
2. Request by 5 Bees LLC for an appeal to the City Code requirement prohibiting vehicles from
parking in city -owned right of way between street and property line located in the "M-1" Light
Industrial District located north of 1808 Black Hawk Street.
Dornoff read the staff report recommending approval of the request with the following conditions: 1) The
parking area would need to graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning
Ordinance and meet specifications of the city engineer and 2) the parking area will not block the sidewalk
or street system in the area.
Leistikow noted that this seemed to be a more proactive approach and straight forward compared to the
previous request.
It was moved by Trost and seconded by Schoborg to recommend approval of the request by 5 Bees LLC
for an appeal to the City Code requirement prohibiting vehicles from parking in city -owned right of
way between street and property line located in the "M-1 "Light Industrial District located north of
1808 Black Hawk Street with the following conditions: 1) The parking area would need to graded,
drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance and meet specifications of
the city engineer; 2) the parking area will not block the sidewalk or street system in the area and 3)
that the driveway be at least 20 feet from Black Hawk Street. Motion carried unanimously.
G. Plans and Studies
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October 11, 2022
1. Re -adoption and changes to the City Limits Urban Revitalization Area (CLURA) to extend the
program another five years and add provisions for both in -home and commercial daycare
facilities.
Dornoff went over the request.
Parrish asked if there were any changes to the previous request and why not to which Dornoff responded
that there has not been any changes.
Serfling noted that the in -home daycare has been discussed before and what is the Commission supposed
to do with it to which Dornoff stated that the daycare options with the CLURA is the major change from
what was done in previous years and that staff is looking for a recommendation from the Commission.
Leistikow asked if this was a recommendation directly to City Council to which Dornoff responded yes.
Parrish asked if this was the CLURA or the CURA to which Dornoff responded this is the CLURA.
Commission discussed what was brought to the Commission previously.
Commission discussed the 10-year and 6-year abatement options. Commission discussed the possibility
of recommending additional options in their motion.
Leistikow noted he is nervous about changing it as the City Council might do other changes to the
proposal and would like to see stable policy and that the policy as a whole needs to move on.
Parrish stated that she knows that Councilmember Boesen has wanted to propose a change to the
proposal and is concerned that nothing will be able to be changed for 5-years.
Leistikow asked if the City Council decides to change the CLURA does that come back to the
Commission to which Dornoff responded no unless the Council decides to send it back to the
Commission they make the decision and its final.
Parrish asked if the Commission could make a recommendation and state that they would like the City
Council to look at these issues to which Dornoff responded that yes that is an option.
Trost stated that he likes the idea of recommending approval but note that the Commission would like the
City Council to look at the additional changes discussed.
Andera asked the Commission if they are going to be specific on what they want the City Council to look
at and noted with the time frame that a lot of developers look at this and see it expiring and it makes them
nervous which Parrish responded that at some point the Commission needs to say they feel these changes
need to be made and it will help developers by giving them more options and if it can be retroactive then
they will still have the tax abatement options and she does not see the developers being too nervous about
it.
Shirk noted that the last time this came to the City Council there were several developers there to speak
on the issue.
Boesen stated that he is still proposing the 6-years at 50% option and would not have a problem with that
and explained that it would start bringing in tax money immediately and it would be less of a shock to the
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Planning and Zoning Commission
October 11, 2022
property owners to which Parrish asked if Boesen thought there was support for the 10-year graduated
tax abatement to which Boesen stated there has always been support for that option from the City Council
for that with the CURA where it is needed to help boost the housing prices in the core area but thought
the six -year option should be what is proposed to the City Council.
Leistikow stated that he supports the CLURA and recommend that the City Council look at the other
options.
Shirk stated that he has talked to many people about this and they are in support of the 6-year option and
that there is a lot of sticker shock with the 3-year option.
It was moved by Leistikow and seconded by Shirk to recommend approval of the request of re -adoption
and changes to the City Limits Urban Revitalization Area (CLURA) to extend the program another
five years and add provisions for both in -home and commercial daycare facilities with the request that
the City Council look at the 6-year at 50% and 10 year graduated abatement plans. Motion carried
unanimously.
2. Request by the City of Waterloo to approve an amendment to the Rath Urban Renewal and
Redevelopment Plan and TIF District to enlarge the area included therein (Amendment No. 3).
Dornoff went over the request.
Serfling asked if this was designed to promote more development to which Dornoff stated yes and noted
the positive things that have bene happening in Maywood neighborhood to the east over the last few
years.
Leistikow asked if Dubuque Road was being used as a connector between the different sites to which
Dornoff stated yes.
It was moved by Parrish and seconded by Shirk to recommend approval of the request by the City of
Waterloo to approve an amendment to the Rath Urban Renewal and Redevelopment Plan and TIF
District to enlarge the area included therein (Amendment No. 3). Motion carried unanimously.
VI. Discussion
The next meeting of the Planning, Programming and Zoning Commission will be on November 1, 2022.
VII. Adjournment
It was moved by Parrish, seconded by Shirk, to adjourn the meeting at 6:25 p.m. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner II
Page 556 of 577
CITY OF WATERLOO
Council Communication
Planning and Zoning minutes of November 1, 2022.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
ATTACHMENTS:
Description Type
u 11/1/22 Backup Material
SUBJECT: Planning and Zoning minutes of November 1, 2022.
Submitted by: Submitted By:
Page 557 of 577
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING, AND ZONING COMMISSION
REGULAR MEETING - 4:00 P.M. NOVEMBER 1, 2022
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Wilber at 4:00 p.m. via zoom and in person in the Harold E. Getty Council Chambers at
Waterloo City Hall. Note, the regular meeting was moved from 11/8/22 to 11/1/22 to avoid conflict with
election day.
Members present were: Virginia Wilber, Ali Parrish, Brandon Schoborg, Cody Leistikow, Patricia
Serfling, and Phillip Shirk.
Members present electronically: Janelle Ewing.
Members absent were: Steve Trost. Note -Representative from Human Rights is currently a vacate
position.
Others present were: Aric Schroeder, Lexi Blank, Tim Andera, and Seth Hyberger — Planning Department;
Jamie Knutson — City Engineer, and ten citizens.
Others present electronically: Dave Boesen — City Council Liaison and 1 citizen.
I. Approval of the Agenda
It was moved by Schoborg and seconded by Serfling to approve the agenda. Motion carried
unanimously.
II. Approval of the Minutes from the regular meeting on October 111h, 2022.
It was moved by Parrish and seconded by Lestikow to approve the minutes of the October 11'h, 2022
meeting. Motion carried unanimously.
III. Financial Report September 2022.
Schroeder reviewed the financial report.
It was moved by Schoborg and seconded by Parrish to receive and place the financial report on file.
Motion carried unanimously.
IV. Oral Presentations
There were no oral presentations.
V. New Business
A. Hearings — Rezones/Special Permits
1. Request by Porfirio Garza to rezone approximately 0.19 acres from "R-2" One and Two Family
Residence District to "R-2, C-Z" Conditional Zoning District to allow for a truck dispatching
office in an accessory structure located at 504 Linden Avenue.
It was moved by Leistikow and seconded by Schoborg to receive and place on file the statement of
verification at 4:02 p.m. Motion carried unanimously, and Wilber declared the hearing open.
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Blank read the staff report recommending denial of the request however if the commission recommends
approval the following conditions should apply: 1) that there is no parking of trucks or trailers on the lot;
and 2) that there is no outside storage.
Parrish stated she was abstaining from this item.
There was no one that spoke on this item.
It was moved by Leistikow, seconded by Serfling, to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:08 p.m.
It was moved by Leistikow, seconded by Schoborg, to recommend denial of the request by Porfirio
Garza to rezone approximately 0.19 acres from "R-2" One and Two Family Residence District to "R-
2, C-Z" Conditional Zoning District to allow for a truck dispatching office in an accessory structure
located at 504 Linden Avenue. Motion passed 7-0-1 (Parrish abstaining).
2. Request by A -Line EDS to rezone approximately 0.14 acres from "C-1" Commercial District to
"C-1, C-Z" Conditional Zoning District to be extra yard space for the approved warehouse and
maintenance facility located west of 722 Dearborn Avenue.
It was moved by Parrish and seconded by Schoborg to receive and place on file the statement of
verification at 4:10 p.m. Motion carried unanimously, and Wilber declared the hearing open.
Blank read the staff report recommending approval of the request.
Parrish asked if anyone from 722 Dearborn has contacted the staff about the rezone to which Blank
answered no and Ben DeJong, A -Line EDS stated that he was worked with the neighbor and has agreed
to fence the lot area next to the 722 Dearborn.
It was moved by Leistikow, seconded by Serfling, to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:15 p.m.
It was moved by Schoborg, seconded by Shirk, to recommend approval of the request by A -Line EDS
to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1, C-Z" Conditional Zoning
District to be extra yard space for the approved warehouse and maintenance facility located west of
722 Dearborn Avenue. Motion passed unanimously.
3. Request by Bruce Gerleman to rezone approximately 3.46 acres from "A-1" Agricultural District
to "C-P" Planned Commercial District for a new restaurant located northeast of 2600 Shaulis
Road.
It was moved by Parrish and seconded by Serfling to receive and place on file the statement of
verification at 4:18 p.m. Motion carried unanimously, and Wilber declared the hearing open.
Blank read the staff report recommending approval of the request with the following conditions: 1) that
sidewalk be installed along the frontage of the property; 2) that sidewalk approaches and curb drops be
installed to connect pedestrians from the site in question to the bike trail across Shaulis Road; 3) that the
Shaulis Road pedestrian crossing will initially be an unmarked crossing, however the applicant would be
responsible to install the crossing and related elements (painting, signage and wired rectangular rapid
flashing beacons) in the future if the City of Waterloo determines that they are warranted based on
pedestrian use and safety; 4) that a street light be installed within the right-of-way of Shaulis Road at the
proposed driveway and 5) the final site plan meets all applicable city codes, regulations, etc. including
but not limited to, parking, landscaping, screening, drainage, etc.
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Schoborg asked when it is deemed necessary to put in the flashing pedestrian beacons and what is the
speed limit on that section of Shaulis to which Schroeder answered 45mph that this item was received
with the City of Waterloo Traffic Engineer and that the situation will need to be looked at including the
speed, the amount of development going on and the traffic generated by the restaurant but did not want to
assume that the flashing beacons would be needed right away.
Rich Ayers, Ayers Design Group, present on behalf of Bruce Gerleman the applicant and agrees with
staff comments.
It was moved by Serfling, seconded by Parrish, to close the public hearing. Motion carried
unanimously. The hearing was closed at 4:26 p.m.
It was moved by Serfling, seconded by Parrish, to recommend approval of the request by Bruce
Gerleman to rezone approximately 3.46 acres from "A-1" Agricultural District to "C-P" Planned
Commercial District for a new restaurant located northeast of 2600 Shaulis Road with the following
conditions: 1) that sidewalk be installed along the frontage of the property; 2) that sidewalk
approaches and curb drops be installed to connect pedestrians from the site in question to the bike trail
across Shaulis Road; 3) that the Shaulis Road pedestrian crossing will initially be an unmarked
crossing, however the applicant would be responsible to install the crossing and related elements
(painting, signage and wired rectangular rapid flashing beacons) in the future if the City of Waterloo
determines that they are warranted based on pedestrian use and safety; 4) that a street light be
installed within the right-of-way of Shaulis Road at the proposed driveway and 5) the final site plan
meets all applicable city codes, regulations, etc. including but not limited to, parking, landscaping,
screening, drainage, etc. Motion carried unanimously.
B. Special Permit
1. Request by Ritland/Kuiper Landscaping on behalf of the City of Waterloo Leisure Services for a
Special Permit for the construction of new recreation facilities at Gates Park located in the "A-1"
Agricultural District, "M-2" Heavy Industrial District and "R-2" One and Two Family Residence
District located at and adjacent to 620 East Donald Street.
Hyberger read the staff report recommending approval of the request.
Mark Kuiper, Ritland/Kuiper Landscaping, stated he was available to answer any questions.
Parrish noted there have been other public hearings about this plan and asked if there were any comments
from the public about the project to which Kuiper noted that there has been good discussion with area
residents and there were still concerns about wanting to have a pool at Gates Park which is
understandable and went over the master plan and why it was decided to open up other recreational ideas
in Gates Park.
Leistikow asked if there were plans to tie in the park to the trail system in the area to which Kuiper stated
yes, that the loop through the park will be larger and connected with the East Donald Street trail.
Parrish asked if the existing flood wall was going to be removed to which Kuiper responded that the goal
is not to do anything with the flood wall but enhance it visually with such items as sculpted mounds and
tree plantings
It was moved by Leistikow and seconded by Shirk to recommend approval of the request by
Ritland/Kuiper Landscaping on behalf of the City of Waterloo Leisure Services for a Special Permit
for the construction of new recreation facilities at Gates Park located in the "A-1" Agricultural
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Planning and Zoning Commission
November 1, 2022
District, "M-2" Heavy Industrial District and "R-2" One and Two Family Residence District located at
and adjacent to 620 East Donald Street. Motion carried unanimously.
2. Request by Invision Architecture on behalf of the City of Waterloo Leisure Services for a
Special Permit for the construction of new recreation facilities at Byrnes Park located in the "R-
1" One and Two Family Residence District located at 801 Campbell Avenue.
Hyberger read the staff report recommending approval of the request.
Brett Van Zee, Invision Architecture, stated that he was available to answer any questions but also noted
that Invision has been working with Leisure Services and Ritland/Kuiper to develop a cohesive plan and
there is a lot of continuity between the projects.
Serfling asked about the timeline for the project to which Van Zee answered that the Gates project is
looking to move first and use the current pool most of the season in 2023 and start construction in late
summer or early fall and go into 2024 and the teams are working to make sure only one of the park area
is down at one time.
Rob Nichols, City Council Liaison, asked about some of the changes from the early designs such as the
lazy river, to which Van Zee stated that as the project was looked at holistically and with the budget that
was available which included a couple of budget constraints so the lazy river was an eliminate that
needed to be eliminated. However, a smaller walking channel was included which will allow one overall
body of water and reduce the amount of mechanical equipment. Van Zee also noted that with the current
design occupancy numbers will go up by about a third.
Paul Huting, Leisure Services Director, stated that he was available for questions also.
Wilber asked if there have been concerns from the community to which Huting stated that Leisure
Services and the consultants have had an ongoing series of dialogues with the community, there was a
Public Hearing in the chambers with City Council with a vote, and a Public Hearing and vote with the
Leisure Services Commission in addition to a survey with a thousand respondents plus put together a
group that was in touch with the Gates Community and that focus group came up with a lot of the
recommendations for the Gates Park amenities that is seen in the proposals. Huting further noted that
over the last 10 to 12 years the Gates pool has not seen big attendance numbers so the goal is to create
amenities that will attract more people to the park.
Parrish asked about the possibility of running a shuttle between the Gates and Byrnes Parks to which
Huting responded that there have been discussions with MET Transit to connect both parks and there will
be traffic both ways as there will be new amenities at Gates Park that will attract people from Byrnes
Park.
Raylene Bruns, 308 Lester Street, has a concern that they want to eliminate an existing restroom and
building, two basketball courts to replace with a half basketball court, and noted that Gates Park has a
long history of basketball games. She further stated the facilities at Upper Gates will be beautiful but
there has never lights on those courts and you have to beg to get nets on the hoops to which Kuiper
responded that when talking to the focus group, there was not consensus in the neighborhood, that they
did hear from neighbors in the Lester area that they did not want the noise and the basketball courts
would have to be rebuilt so instead there will be 3 courts in the north area which will be better suited to
hold the larger events. Kuiper further stated that the hope is that the area to the north will be able to hold
a multitude of events including organized skating events, dance groups, and performance venues with
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Planning and Zoning Commission
November 1, 2022
more parking for the larger groups and that it will actually lesson the traffic concerns in Lower Gates
Park.
It was moved by Schoborg and seconded by Serfling to recommend approval of the request by Invision
Architecture on behalf of the City of Waterloo Leisure Services for a Special Permit for the
construction of new recreation facilities at Byrnes Park located in the "R-1" One and Two Family
Residence District located at 801 Campbell Avenue. Motion carried unanimously.
3. Request by Thawng Lian for a Special Permit to allow for a religious institution in the "R-4"
Multiple Residence District at 1115 West 4th Avenue.
Hyberger read the staff report recommending approval of the request.
Leistikow asked if a condition should be added that they meet fire and building codes to which Hyberger
responded that it could be.
Thawng Lian, 1115 West 4th Street, stated that they need to get this approved.
It was moved by Leistikow and seconded by Schoborg to recommend approval of the request by
Thawng Lian for a Special Permit to allow for a religious institution with the condition that all
building and fire codes are met in the "R-4" Multiple Residence District at 1115 West 4th Avenue.
Motion carried unanimously.
C. Vacates
1. Request by John & Dan Properties, LLC to vacate city right of way along San Marnan Drive
between Bankers Boulevard and Hurst Drive and retaining utility easements as required for the
purpose of adding the land to the applicants existing property.
Andera read the staff report recommending approval of the request.
Leistikow asked if the property was a former state-owned right of way to which Andera answered that it
was and that the city will need to go through 306.23 of State Code to properly dispose of the property
which requires contacting former owners to offer them the right of way.
It was moved by Parrish and seconded by Shirk to recommend approval the request by John & Dan
Properties, LLC to vacate city right of way along San Marnan Drive between Bankers Boulevard and
Hurst Drive and retaining utility easements as required for the purpose of adding the land to the
applicants existing property. Motion carried unanimously.
Parrish and Ewing left the meeting.
2. Request by Hong Liang Fang to vacate 60 linear feet of sidewalk in the "R-2" One and Two
Family Residence District located in front of 620 Byron Avenue.
Schroeder read the staff report recommending denial of the request with the following condition.
Hong Liang Fang, stated he was available to answer questions.
Knutson stated that is asking the commission to reconsider a recommendation of approval as it will set a
terrible precedent and that there is sidewalk all over town like this and there is several mitigating
circumstances including 1) there was no permit taken out, 2) the City Council and Mayor created the
Complete Streets Policy to encourage the installation of an additional sidewalk in the city. He further
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Planning and Zoning Commission
November 1, 2022
stated that is it perfect and limited by funds, yes it is. Knutson further stated that if this is approved you
will see more people just removing their sidewalks then coming through the process to get it approved
and if the funds are approved for the infill project then all the taxpayers in the city will be paying to put
back in a sidewalk that should not have been removed in the first place.
Leistikow stated that he feels the applicants fall into a very special circumstance and it may not be fair.
Shirk stated that he felt it would set a bad precedent and would it put an unfair burden on the next
homeowner.
Wilber stated she agrees and honor the recommendation of the Compete Streets Advisory Committee and
the commission has stated in the past that it wants to see sidewalk projects done.
Nichols asked if there was a list of standalone sidewalks like this to which Knutson answered he does not
have an answer immediately but staff does have a GIS database of all sidewalks in the city and Schroeder
also noted it shows the gap.
Dave Boesen, City Council Liaison stated he feels this would set a bad precedent.
It was moved by Leistikow and seconded by Schoborg to recommend approval of the request by Hong
Liang Fang to vacate 60 linear feet of sidewalk in the "R-2" One and Two Family Residence District
located in front of 620 Byron Avenue. Motion failed 0 — 5 (Wilber, Serfling, Schoborg, Leistikow, and
Shirk voting nay).
VI. Discussion
The next meeting of the Planning, Programming and Zoning Commission will be on December 13, 2022.
VII. Adjournment
It was moved by Serfling, seconded by Leistikow, to adjourn the meeting at 5:30 p.m. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner II
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CITY OF WATERLOO
Council Communication
Board of Adjustment minutes of September 27, 2022.
City Council Meeting: 1/3/2023
Prepared: 12/20/2022
ATTACHMENTS:
Description Type
❑ 9/27/22 minutes Backup Material
SUBJECT: Board of Adjustment minutes of September 27, 2022.
Submitted by: Submitted By:
Page 564 of 577
CITY OF WATERLOO, IOWA
BOARD OF ADJUSTMENT MINUTES
REGULAR MEETING - 4:00 P.M. SEPTEMBER 27, 2022
The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson
Condon at 4:00 p.m. via zoom and in -person in the Harold E. Getty Council Chambers at Waterloo City
Hall.
Members present were: John Beckman, Carole Gustafson, Craig Holdiman, and Brad Condon.
Members present electronically were: None.
Members absent were: Jeri Thornsberry.
Others present were: Lexi Blank, Aric Schroeder, Seth Hyberger & John Dornoff — Planning Department;
and eight citizens.
Others present electronically were: Dave Boesen — City Council Liaison; Noel Anderson — Community
Planning and Development Director and 3 citizens.
I. Approval of the Agenda
Dornoff noted that agenda item #5 the Special Permit request by Plums Auto LLC, for a salvage yard at
2666 WFC&N Drive, needs to be removed from the agenda because the Planning, Programming, and
Zoning Commission meeting to be cancelled for lack of a quorum and they have not made their
recommendation on the request.
It was moved by Holdiman and seconded by Beckman to approve the agenda as amended, removing
item 5. Motion carried unanimously.
H. Approval of the Minutes from the regular meetings on August 27, 2022.
It was moved by Beckman, seconded by Gustafson, to approve the minutes of the August 27, 2022
meeting. Motion carried unanimously.
III. Decision Items
1. Request by Nagle Signs on behalf of Manatts, INC for a variance to the sign regulations to permit two
free-standing signs 50' apart from each other, 100' less than the minimum 150' required in the "M-2"
Heavy Industrial District located at 172 West Mullan Avenue.
Dornoff read the staff report recommending approval of the request.
Mason Fromm, Nagle Signs stated that the project was brought to him by Manatts who will be doing all
the work but are not licensed in the city as a sign contractor so he is doing the paperwork on their behalf.
Beckman asked if there were any sight issues to which Fromm stated there were not.
It was moved by Beckman, seconded by Holdiman, to approve the request of Nagle Signs on behalf of
Manatts, INC for a variance to the sign regulations to permit two free-standing signs 50' apart from
each other, 100' less than the minimum 150' required in the "M-2"Heavy Industrial District located
at 172 West Mullan Avenue. Motion carried unanimously.
Page 565 of 577
City of Waterloo Board of Adjustment
September 27, 2022
2. Request by City Builders for a variance to the front yard setback requirement that requires the front
setback to match the average of the adjacent properties within 200 feet to allow a setback of 35 feet,
22 feet less than the average of 57' of the adjacent properties to allow for the construction of a 12' X
12' 3 season room in the front of the home located in the "R-1" One and Two Family Residence
District located at 2672 Logan Avenue.
Dornoff read the staff report recommending approval of the request.
Holdiman noted that it appears that the house was built closer to the property line than is allowed to
which Dornoff responded that due to the angle of the front property line, the house does appear to be
closer than it actually is, but still exceeds the normal "R-1" setback requirement.
Dennis R Wildeboer, representing City Builders, noted that the proposed room would be the same
footprint as the existing deck and the neighbor to the north does have a large accessory building that is
closer to the road than their house.
Linda and Danny McGowan, 2672 Logan Avenue, stated that they are trying to get this approved to
allow them a little more living space. In addition they are trying to reduce the amount of sun and heat that
come into their home. They also noted that when they built the deck they did not need a variance to
which Dornoff noted that a deck has different requirements than an enclosed room.
It was moved by Beckman, seconded by Condon, to approve the request by City Builders for a variance
to the front yard setback requirement that requires the front setback to match the average of the
adjacent properties within 200 feet to allow a setback of 35 feet, 22 feet less than the average of 57' of
the adjacent properties to allow for the construction of a 12' X 12' 3 season room in the front of the
home located in the "R-1" One and Two Family Residence District located at 2672 Logan Avenue.
Motion carried unanimously.
3. Request by Tanya Lawin for a variance to the side yard setback requirements to allow for a setback of
5', 3.5' less than the 8.5' required to allow for construction of a 28' X 13' attached garage addition in
the "R-1" One and Two Family Residence District located at 307 Lambeth Road.
Hyberger read the staff report recommending approval of the request.
Tanya Lawin, 307 Lambeth asked if there were any questions.
Beckman asked for clarification of where the garage addition was going and that it was going to extend
from the existing home next to the existing garage to which Lawin stated yes.
It was moved by Gustafson, seconded by Holdiman, to approve the request of Tanya Lawin for a
variance to the side yard setback requirements to allow for a setback of 5', 3.5' less than the 8.5'
required to allow for construction of a 28' X 13' attached garage addition in the "R-1" One and Two
Family Residence District located at 307 Lambeth Road. Motion carried unanimously.
4. Request by Raymond Sheppard & Ken Cox for a variance to the accessory structure requirements
prohibiting accessory structures in the required front yard to allow for a 12' X 24' detached deck and
pool in the "R-2" One and Two Family Residence District located at 108 Bishop Avenue.
Blank read the staff report recommending approval of the request.
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City of Waterloo Board of Adjustment
September 27, 2022
Beckman asked if there has been any objections to the variance to which Blank answered no.
Gustafson asked for clarification that construction of the deck had already started to which Blank said
yes, they have started construction and you can see it in the images.
Beckman asked how this came to the attention of the Planning Department to which Blank responded
that they came in for a permit and when Dornoff went out to get pictures he noticed the deck was already
started constructed.
Condon asked about the status of the alley vacate and if it would have to go to the City Council, to which
Blank responded it has not gone to the Planning, Programming, and Zoning Commission yet due to a lack
of quorum at their last meeting and Dornoff responded that it would have to go to the City Council.
Beckman asked if fencing is required around the pool for safety and liability reasons to which Schroeder
responded that fencing around the pool is a building code requirement for safety and fencing is one way
to do it and pools over a certain height which this one would be, the wall of the pool can act as a fence so
long as there are other measures in place such as the stairs having a lockable gate.
Condon asked if there is a reason for the Board to rule on this until the alley is vacated to which
Schroeder responded that staff was told that the pool and deck were going to be on the north portion of
their property on the far side of the alley from their home and the vacate and variance would be two
separate issues however with the site inspection it does appear that the deck and pool are being built on
the alley right-of-way. Technically they are still two different issues but if the vacate were not approved
then they would have to move the deck to the north on their separate lot. The Board could go ahead and
approve the variance as they are two separate issues.
Holdiman asked if the Board needs to approve it on the condition that the City Council approves the
vacate request to which Schroeder responded that if the City Council does not approve the vacate they
will have to move it north no matter what although that would create an accessory structure on a lot
without a principal permitted use, with an alley between the lots
Condon asked if there was a reason it was built where it was to which Schroeder responded that there is a
letter included that indicates reasons for it being built close to the house which includes proximity to the
house and view from the house, as well as location of the trees.
Condon asked the applicants if they were trying to get it done this year to which Sheppard responded that
he did not know he would have to go through any of the processes or the vacate of the alley but received
a stop work order from the city. Sheppard further stated that he planned to put it in this year but had to
stop to go through all the procedures.
Condon asked if there was a reason why it was being built so close to the street to which Sheppard
answered that it isn't that close, it is even with the closest neighbor's house and there are trees that he
cannot afford to cut down on the rest of the lot and if there was an incident he can see better and could
get out to the pool quickly.
Sheppard noted that he does have a petition from his surrounding neighbors in support of the project.
Beckman asked about safety and noted access to the pool via the deck will also have to be restricted to
which Sheppard responded that it will have a fence around it and it will cover the deck.
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City of Waterloo Board of Adjustment
September 27, 2022
Gustafson noted that in the previous meeting they denied a variance to build in the front yard and now the
Board is dealing with a front yard issue again and wants to insure that the Board is being consistent so it
does not appear that the Board is being prejudicial between one group over another.
Sheppard stated that they only need a couple of feet for the variance because their house sits so far back
compared to the nearest neighbor to which Dornoff responded that the front yard runs equal to the front
of the house.
Condon stated that he has the same concern as Gustafson and is also concerned if the applicant does not
get the alleyway vacated he is going to have to move the deck and asked why does he not put it behind
the front of the house to which Holdiman replied that he said he had trees that would make it difficult.
The Board members discussed the area where the deck could be placed without having a problem with
the trees.
Holdiman stated that he thought the issue with the item on Burton was that the applicant had a metal
carport which was illegal to which Condon responded that it was two issues, one that the carports were
not legal and the other was that one of the carports was in the front yard.
Schroeder stated that the Ordinance does not allow for detached structures in the required front yard but
noted that there have been variances approved under special circumstances and the one on Burton
Avenue staff was recommending denial due to the nature of the metal frame structure and if the structure
was going to be allowed that it was removed from the required front yard. Schroeder, however, did note
that there are unique circumstances with this request in the size of the lot on a corner lot and even with
the nearest house on the next block, and was not concerned about the deck being in the front yard.
Gustafson stated that the item should be tabled because it has to go someplace else for a different
approval before the Board can make a decision on the location of the deck.
Condon stated that he feels the City Council will approve the vacate because the alley does not go
anywhere.
Rob Nichols, at -large City Councilmember, 5006 Sweet Water Circle, stated that after learning a little
more about the situation and looking at the bigger picture and what the gentleman is trying to accomplish
this will be an entertainment spot for a lot of kids that would not otherwise have another recreation
option. Nichols stated that he hopes the Board will take the overall goal into consideration when making
its decision.
Condon asked Nichols if he was aware of the issue that was brought up about the decision on Burton with
Nichols asking for clarification along with asking if there has been situations in the past that are similar
to which Schroeder stated that he cannot think of any variances for a detached deck in the front yard but
there have been cases involving other accessory structures in the front yard but most of them have been
in rural areas.
Gustafson stated that the Board cannot put a condition that it is subject to approval when the Board has
no control over that approval process to which Beckman responds that if the City Council does not
approve then the condition is not met, and they would have to come back to the Board.
Condon also states that if the alley vacate is not approved then they will have to move the deck and pool
which Gustafson asked if giving approval of the variance is giving them permission to go ahead and
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City of Waterloo Board of Adjustment
September 27, 2022
move forward and giving them false hope that the vacate will get done. Condon states that he feels the
condition needs to be part of the approval.
Condon then asked if there can be a Restrictive Covenant on two properties that don't adjoin to which
Schroeder responded that when staff reviews them administratively meaning they don't need Board or
City Council action, staff does require them to be physically adjoining. However, Schroeder has also
noted there have been situations where a property is divided by an alley and that was sent to the Board of
Adjustment for a variance for having an accessory structure on a lot with no principal permitted use
subject to the Restrictive Covenant.
Condon asked if the Restrictive Covenant has been completed to which Blank stated it has been recorded
to which Schroeder noted that normally that would not be done unless the alley was vacated.
It was moved by Gustafson to table the request of Raymond Sheppard & Ken Cox for a variance to the
accessory structure requirements prohibiting accessory structures in the required front yard to allow
for a 12' X 24' detached deck and pool in the "R-2" One and Two Family Residence District located at
108 Bishop Avenue. Motion died for lack of a second.
Dornoff noted that there must be three yes votes to pass the motion.
Condon initially voted to deny but changed his vote to approve.
It was moved by Holdiman, seconded by Beckman, to approve the request of Raymond Sheppard &
Ken Cox for a variance to the accessory structure requirements prohibiting accessory structures in the
required front yard to allow for a 12' X 24' detached deck and pool in the "R-2" One and Two Family
Residence District located at 108 Bishop Avenue with the condition that the vacate of the alley is
approved. Motion carried 3-0-1 (Gustafson abstained).
IV. Discussion
There was a discussion about the November and December meetings with it being decided to keep the
November meeting at its November 22"d date and decide about the December date at that November
meeting.
V. Adjournment
It was moved by Beckman, seconded by Holdiman, to adjourn the meeting at 5:04 p.m. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner II
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Page 569 of 577
CITY OF WATERLOO
Council Communication
Community Development Board meeting minutes November 2022.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
❑ November 2022 Board meeting minutes Backup Material
SUBJECT: Community Development Board meeting minutes November 2022.
Submitted by: Submitted By: Rudy D. Jones, Community Development Director
Recommended Action: approval
Page 570 of 577
Community Development
Meeting Minutes
November 15, 2022
I. Ca11 to order
Board Chairman Cody Leistikow called to order the regular meeting of the Community
Development Board via zoom at approximately 4:00 p.m. on Tuesday, November 15,
2022. Leistikow asked for an approval of the agenda for November 15, 2022.
It was moved by Hummel and seconded by Northey to approve the agenda. Motion
carried.
II. Attendance:
Present: Cody Leistikow, Angela Weekley, Zach Hansen, Jenna Northey, Tina
Hummel and Jessica Rucker
Members Absent: Cam Campbell
Also Present: Angie Fordyce, Coordinator; Anita Rousselow, Administrative
Secretary; Tali Stevens, Client; Pam Mast, Intake Specialist; Nia Wilder, Councilperson
III. Approval of minutes from last meeting
Leistikow asked for a motion to approve the minutes for the October 18, 2022 board
meeting. It was moved by Rucker and seconded by Northey to approve the minutes of the
meeting on October 18, 2022. Motion carried.
IV. Old Business:
a) Staff Updates: Fordyce and Mast attended HOME training regarding
underwriting in Illinois. Underwriting is beneficial for a number of our programs
and is essential for HOME projects. Stephanie Shavers has also started her new
positon as Neighborhood Services Coordinator. Staff evaluations will be started at
the end of the year and will continue until all employees will have had one and
have gained a thorough understanding of the expectations they will need to meet
in the New Year.
b) CARES Act Funding:
Round 1- Nothing new with Round 1.
Round 2- The project is progressing well. Staff still receives certified payrolls
and meets via zoom with the contractors twice a month.
Page 571 of 577
Round 3-This program is progressing well
c) Ricker Street Development- There's a lot of potential in that area with
possibilities for new single family units in close proximity to our development
area near Gable Street .An informational meeting with developers will be pushed
back to late November and early December. Staff expects Request for Proposals
in December.
V. New Business:
a) Endorse Contracts October 2022: Leistikow asked for a motion to approve the
contracts signed in October of 2022. Weekley had questions about the amount
that was spent on the 615 Linn Street rehabilitation. Fordyce gave her the general
scope of work but offered to get her more information if it was needed. A motion
was made to approve the October contracts by Weekley as shown and a second
was made by Northey on that motion. Motion carried
b) 713 Kern Street: Ms. Tali Stevens attended the meeting. Ms. Stevens stated that
she would like to move out of the neighborhood because of violence and would
like have the board forgive her rehabilitation loan. The project was started in
September of 2021, the loan is forgiven at 1/5 of the amount each year and at the
end of the five years the loan is forgiven. Ms. Stevens stated that she has done
several repairs to the home and feels that the amount of $ that Community
Development put into the project is way more than what the work was worth.
After discussion Fordyce recommended that she get the home appraised and then
to contact Community Development again.
c) Neighborhood Services Report: Fordyce read the neighborhood services report
to the board
VI. Discussion Items:
a) Informational Forum. Staff informed the board that this meeting is a little later
than past years because they wanted to implement the survey for input for the
American Rescue Plan which needs to be done before the ARP can be submitted.
The new application process for FY24 CDBG and HOME funds will be an online
process this year. The application process will start on November 30, 2022 and
will end on December 30, 2022 at noon.
VII. Adjournment
Leistikow asked for a motion to adjourn the meeting. A motion by Hanson was made to
adjourn and seconded by Rucker. Motion carried. Meeting Adjourned. Minutes
submitted and approved by board.
Page 572 of 577
CITY OF WATERLOO
Council Communication
Board of Adjustment minutes of October 25, 2022.
City Council Meeting: 1/3/2023
Prepared: 12/21/2022
ATTACHMENTS:
Description Type
❑ 10/25/22 minutes Backup Material
SUBJECT: Board of Adjustment minutes of October 25, 2022.
Submitted by: Submitted By:
Page 573 of 577
CITY OF WATERLOO, IOWA
BOARD OF ADJUSTMENT MINUTES
REGULAR MEETING - 4:00 P.M. OCTOBER 25, 2022
The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson
Condon at 4:00 p.m. via zoom and in -person in the Harold E. Getty Council Chambers at Waterloo City
Hall.
Members present were: John Beckman, Jerri Thornsberry, Carole Gustafson, and Brad Condon.
Members present electronically were: None.
Members absent were: Craig Holdiman.
Others present were: Lexi Blank, Aric Schroeder, Seth Hyberger & John Dornoff — Planning Department;
and eight citizens.
Others present electronically were: Dave Boesen — City Council Liaison; and 1 citizen.
I. Approval of the Agenda
It was moved by Gustafson and seconded by Beckman to approve the agenda as amended, removing
item 5. Motion carried unanimously.
H. Approval of the Minutes from the regular meetings on September 27, 2022.
It was moved by Beckman, seconded by Gustafson, to approve the minutes of the September 27, 2022
meeting amending a misspelled word on page 4. Motion carried unanimously.
III. Decision Items
1. Request by Walter and Janet Robinson for a variance to allow for metal siding on an accessory
structure in the "R-2" One and Two Family Residence District located at 525 Colorado Street.
Dornoff read the staff report recommending approval of the request.
Condon asked if the metal siding was discussed with the contractor to which Dornoff stated that the
building department did discuss the issue with the contractor.
Thornsberry noted it does not look bad and asked if the city was being a little odd about this to which
Schroeder responded that it looks like standard metal siding but it is what is generally put vertical as it is
the ribbed panel and in this case due to the uniqueness that the building permit was already issued, the
surrounding area, and the fact it does not look out of character for the area, staff is recommending
approval.
Dave Sabers, Spahn & Rose Lumber Company, stated that he has worked in the city since 1969 and has
done lots of projects and thought so long as the metal siding was horizontal its fine and there is two in
Jessup going up right now with metal siding. He also stated he thought it was ok for metal siding turned
horizontal in Waterloo but now he knows better.
Beckman asked who made the decision to go with this type of siding which is different from what is on
the house to which Sabers answered the owner probably due to cost.
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City of Waterloo Board of Adjustment
October 25, 2022
It was moved by Beckman, seconded by Thornsberry, to approve the request by Walter and Janet
Robinson for a variance to allow for metal siding on an accessory structure in the "R-2" One and Two
Family Residence District located at 525 Colorado Street. Motion carried unanimously.
2. Request by Fusion Investments for a 2-year temporary variance to allow for recycled asphalt for a
vehicle parking storage facility in the "M-1" Light Industrial District located South of 3353 Marnie
Avenue.
Hyberger read the staff report recommending approval of the request.
Condon asked what the difference was between recycled and regular asphalt to which Schroeder
explained that recycled asphalt is asphalt that has been crushed up with emulsion to hold it together and
is similar to a seal coat.
Condon asked for conformation that the 2-year variance is that they are going to build additional units
and hard surface at that time to which Schroeder stated he believed that was the plan.
Thornsberry asked if the Board approves this 2-year temporary variance and in the mean time they decide
to go ahead and build the structures will the temporary variance be invalidated in order to issue the
building permit to which Schroeder responded that the request for the temporary variance does not
include if a new vehicular hard surface path is required for the future buildings, so if they decide to build
the buildings before the variance expires, they could in theory pave the approaches to those buildings but
still leave the main storage area for recreational vehicles to such time as that temporary variance elapses.
Condon asked if they do not build the buildings before the two years is up what will the applicant have to
do, which Schroeder responded that they would have to pave it and the recycled asphalt becomes a
decent subbase to put the hard surfacing above it.
Trevis Adair, 1912 St. Andrews Ct, Cedar Rapids, stated that they have been working on this project for
some time and explained that the project includes two phases and that it made the most economic sense
to buy both lots together now and explained further why they want the recycled asphalt. He further stated
that he did talk to neighbors explaining what they planned to do and the neighbors seemed to be in favor
of it.
Beckman asked when they planned to start construction to which Adair stated hopefully on Thursday on
Lot 4, the southern lot but also put the recycled asphalt onto lot 3 while constructing the buildings on the
southern lot and have it done by the end of October. Beckman further asked if there was that much
demand for storage units in the community to which Adair stated he hopes so and Condon noted that
Green Acres storage is 99% full.
Thornsberry asked for clarification on whether she needed to put Lot 3 in the motion and what is 3353
Marne to which Dornoff responded it is just to the north of the lots in question and is the nearest
addressed building that was in the aerial image.
It was moved by Thornsberry, seconded by Gustafson, to approve the request by Fusion Investments
for a 2-year temporary variance on lot 3, set to expire on October 25'h, 2024 to allow for recycled
asphalt for a vehicle parking storage facility in the "M-1 "Light Industrial District located South of
3353 Marnie Avenue. Motion carried unanimously.
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City of Waterloo Board of Adjustment
October 25, 2022
3. Request by Kwik Trip/Kwik Star Inc. for a variance to allow for a 14' X 24' 336 square foot
expansion of a Limited Alcohol Sales Use within an Alcohol Sales Overlay District (Broadway Street)
in the "C-2" Commercial District located at 707 Broadway Street.
Blank read the staff report recommending approval of the request.
Zack Stackhouse, project manager, stated he was available to answer questions.
Beckman asked if the new cooler will have a walk-in cooler for customer use to which Stackhouse stated
no, that only employees will be able to go into the cooler as the only access will be from the kitchen.
It was moved by Gustafson, seconded by Beckman, to approve the request of Kwik Trip/Kwik Star Inc.
for a variance to allow for a 14' X 24' 336 square foot expansion of a Limited Alcohol Sales Use
within an Alcohol Sales Overlay District (Broadway Street) in the "C-2" Commercial District located
at 707 Broadway Street. Motion carried unanimously.
4. Request by Habitat for Humanity for a variance to the maximum lot coverage to allow for a home and
garage to have maximum lot coverage of 38.5%, 3.5% more than the 35% allowed for the purpose of
constructing a new 16' X 24' 384 square foot detached garage in addition to an existing 1212 square
foot single family home in the "R-3" Multiple Residence District located at 419 Almond Street.
Dornoff read the staff report recommending approval of the request.
Beckman asked if there was any objections on file to which Dornoff responded no.
Condon asked if they built a 14' X 22' garage would it make it under the 35% to which Dornoff
responded no.
Andy Conger, 622 Melrose Avenue, Northeast Iowa Habitat for Humanity, stated they looked at the
smaller garage but it would not get them below the 35%.
Beckman asked about the two large trees in the back yard and if the garage will be south of those trees
and if there was plans for the lot next to 419 to which Conger responded that yes and the garage will be
moved a little back to keep the building from interfering with the trees and note that Habitat tried to buy
the lot next to 419 but the owner did not want to sell.
Condon asked if the home was already sold to a client to which Conger responded that it would be sold
on the market, but was not sold yet.
It was moved by Beckman, seconded by Thornsberry, to approve the request of Habitat for Humanity
for a variance to the maximum lot coverage to allow for a home and garage to have maximum lot
coverage of 38.5%, 3.5% more than the 35% allowed for the purpose of constructing a new 16' X 24'
384 square foot detached garage in addition to an existing 1212 square foot single family home in the
"R-3"Multiple Residence District located at 419 Almond Street. Motion carried unanimously.
IV. Discussion
V. Adjournment
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City of Waterloo Board of Adjustment
October 25, 2022
It was moved by Beckman, seconded by Gustafson, to adjourn the meeting at 4:45 p.m. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner II
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