HomeMy WebLinkAboutCouncil Packet - 1/17/2023THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
Harold E. Getty Council Chambers
Tuesday, January 17, 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 325
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
Ray Feuss, Ward 5 Council Member
Agenda, as proposed or amended.
Minutes of January 3, 2023, Regular Session, as proposed.
Proclamation declaring January 16, 2023 as Martin Luther King Jr.'s Birthday.
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:
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1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in
the office of the City Clerk.
2. Resolution approving the request of Timothy and Elizabeth Graham, for tax exemptions
on the construction of a new single-family home valued at $467,852.00, for property
located at 1337 Partridge Lane, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
3. Resolution approving the request of Blake Metz, for tax exemptions on the construction of
a new single-family home valued at $475,000.00, for property located at 536 Macallan
Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
4. Resolution approving the request of Steve Hostetler, for tax exemptions on the
construction of a new single-family home with basement fmish valued at $460,000.00, for
property located at 325 Sheridan Road, and located in the City Limits Urban
Revitalization Area (CLURA).
Submitted By: Noel Anderson, Community Planning and Development Director
5. Resolution approving the request by Steege Investments LLC, for tax exemptions on a
twin home unit valued at $275,000.00, for property located at 102 Bergen Avenue, and
located in the Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
6. Resolution approving the request by Steege Investments LLC, for tax exemptions on a
twin home unit valued at $300,000.00, for property located at 126 Bergen Avenue, and
located in the Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
7. Resolution approving the request by Jason Thaw, for tax exemptions on a single-family
home valued at $154,400.00, for property located at 225 Newell Street, and located in the
Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution approving the request by Steege Investments LLC, for tax exemptions on a
twin home unit valued at $275,000.00, for property located at 104 Bergen Avenue, and
located in the Consolidated Urban Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution supporting submission of a pre -application by Habitat for Humanity and The
415 Walnut Collective, for the Iowa Community Catalyst Building Remediation program,
to renovate buildings located at 415 Walnut Street, Waterloo, Iowa.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution approving a request by the City of Waterloo to name a private street Mission
Circle, generally located north of Lakeside Street, east of East 4th Street.
Submitted By: Aric Schroeder, City Planner
11. Resolution accepting a U.S. Department of Justice, Northern and Middle States Rural
Law Enforcement Training and Technical Assistance Grant, in the amount of $68,000.00.
Submitted By: Aaron P. McClelland, P olice Captain
12. Cancellation of assessment for 232 Ricker Street in the amount of $306.27, and 137 Hope
Avenue in the amount of $316.87, and authorize City Clerk to notify Black Hawk County
Treasurer of said cancellation.
Submitted By: Kelley Felchle, City Clerk
B. Motion to approve the following:
Page 3 of 325
1. TRAVEL REQUESTS
a. Jacob Geller, Natural Resources Technician and Todd Derifield, Park
Superintendent
Class/Meeting: Shade Tree Short Course
Destination: Ames, IA
Dates: February 22-23, 2023
Amount not to exceed: $650.00
b. Caleb Christiansen, Police Officer
Class/Meeting: FBI Basic Crisis Negotiation Training
Destination: Des Moines, IA
Dates: 1/23-27/2023
Amount not to exceed: $420.00
c. Dana Jackson, Housing Inspector/Maintenance Supervisor
Class/Meeting: NSPIRE Get Ready Series
Destination: Chicago, IL
Dates: February 13-15, 2023
Amount not to exceed: $1,175.00
2. Recommendation of appointment of Andrew Widdel from the Civil Service List to the
position of Garage Mechanic, at the Public Works Central Garage Department, effective
January 23, 2023, pending pre -employment physical and drug testing.
Submitted By: Randy Bennett, Public Works Division Manager
3. Motion to approve Tobacco License for Mersim's Grocery, located at 3025 Kimball
Avenue.
Submitted By: Kelley Felchle, City Clerk
PUBLIC HEARINGS
2. Nomination of the Friedl Bakery Building, located at 302 Commercial Street, to the
National Register of Historic Places.
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 and recommendation of
approval of the Planning, Programming and Zoning Commission.
Resolution 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
authorizing the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development Director
3. 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.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close the hearing and receive and file oral and written comments and recommendation
of approval of the Planning, Programming and Zoning Commission.
Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance
No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning
Map referred to in Section 10-4-4, approving a request by Mann Road Storage, LLC for a
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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.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the ordinance.
Submitted By: Noel Anderson, Community Planning and Development Director
4. 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 Boulevard.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close public hearing and receive and file oral and written comments and
recommendation of approval of the Planning, Programming and Zoning Commission.
Motion to receive, file, consider and pass for the first time an Ordinance amendment to
Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official
Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment 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.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt ordinance.
Submitted By: Noel Anderson, Community Planning and Development Director
5. Request by C10 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.
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, and recommendation of
approval of the Planning, Programming and Zoning Commission.
Motion to receive, file, consider and pass for the first time an ordinance approving a 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,
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.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the ordinance.
Submitted By: Noel Anderson, Community Planning and Development Director
RESOLUTIONS
6. Resolution approving a Consolidated Public Safety Communications 28E Agreement with Black
Hawk County, City of Cedar Falls, City of Evansdale, City of Hudson, City of La Porte City,
City of Dunkerton, and City of Gilbertville, for the purposes of coordinating the professional
dispatching of public safety services in Black Hawk County, and authorizing the Mayor and City
Clerk to execute said document.
Submitted By: Mayor Quentin Hart
7. Resolution approving a Development Agreement with Habitat for Humanity and The 415
Walnut Collective, for the rehabilitation of three residential units, located at 415 Walnut Street,
approving a Development Grant in the amount of $5,000.00 per unit, and authorizing the Mayor
and City Clerk to execute said document.
Page 5 of 325
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution approving a Professional Services Agreement with AECOM Technical Services,
Inc., of Waterloo, Iowa, in an amount not to exceed 126,500.00, for a Traffic Impact Study
located at Ansborough Avenue and Highway 20 for the South Waterloo Business Park, and
authorizing the Mayor to execute said document.
Submitted By: Jamie Knutson, PE, City Engineer
9. Resolution approving a Cost -Share Agreement with Gearhart Moore Holdings, LLC, for
Terracon Consultants, Inc., to perform testing in the former Rath Administration Building,
located at 1515 Sycamore Street, in an amount not to exceed $16,000.00, with the City
reimbursing Gearhart Moore Holdings for 50 percent of costs actually incurred, and authorizing
the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution approving an amendment to a Real Estate Purchase Agreement with Black Hawk
Machinery Sales, Inc., originally approved by City Council on July 5, 2022, for the acquisition
of the former Alstadt Langlas building and properties, amending the date of closing to occur on
or before March 15, 2023, and authorizing the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
11. Resolution approving FY 2023 Professional Services Agreement payment to Grow Cedar
Valley, in the amount of $69,687.50, for incentives and semi-annual performance pay, and
authorizing the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development Director
ORDINANCES
12. An ordinance rescinding Ordinance No. 3069, an ordinance granting permission to
Schoitz Memorial Hospital to construct and maintain a service tunnel below and across
Ridgeway Avenue.
Motion to receive, file, consider, and pass for the first time an ordinance rescinding Ordinance
No. 3069, an ordinance granting permission to Schoitz Memorial Hospital to construct and
maintain a service tunnel below and across Ridgeway Avenue.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt said ordinance.
Submitted By: Noel Anderson, Community Planning and Development Director
13. An Ordinance Repealing and Replacing The City of Waterloo Fireworks Ordinance
Motion to receive, file, consider, and pass for the first time an ordinance amending the City of
Waterloo Code of Ordinances by repealing Section 13, Fireworks, of Chapter 2, General
Offenses, Title 5, Police Regulations, and enacting in lieu thereof a new Section 13, Fireworks.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Submitted By:Martin Petersen, City Attorney
14. An ordinance amending the City of Waterloo Code of Ordinances by repealing Title 5,
Police Regulations, Chapter 1 Animal Control, and enacting in lieu thereof, a new Title 5,
Police Regulation, Chapter 1 Animal Control.
Motion to receive, file, consider, and pass for the first time an ordinance amending the City of
Page 6 of 325
Waterloo Code of Ordinances by repealing Title 5, Police Regulations, Chapter 1 Animal
Control, and Article A, Dogs and Cats, and enacting in lieu thereof, a new Title 5, Police
Regulation, Chapter 1 Animal Control and Article A, Dogs and Cats.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Submitted By: Randy Bennett, Public Works Division Manager
OTHER COUNCIL BUSINESS
15. Hearing on Order Assessing Civil Penalty to XO Liquor, 428 Franklin Street, Waterloo,
Iowa 50703, for sale of tobacco to minor violation -first offense.
Motion to open hearing Assessing Civil Penalty.
HOLD HEARING.
Motion to close Hearing Assessing Civil Penalty.
Resolution approving Order Assessing Civil Penalty, in the amount of $300.00 to XO Liquor,
428 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense.
Submitted By: Martin M. Petersen, City Attorney
16. Resolution approving Animal Control Services Fee Schedule.
Submitted By: Randy Bennett, Public Works Division Manager
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
4:00 p.m. Council Work Session, Harold E. Getty Council Chambers
4:45 p.m. Housing Authority board, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Historic Preservation Commission minutes of October 18, 2022.
2. Historic Preservation Commission special meeting of November 18, 2022.
Page 7 of 325
CITY OF WATERLOO
Council Communication
Minutes of January 3, 2023, Regular Session, as proposed.
City Council Meeting: 1/17/2023
Prepared:
ATTACHMENTS:
Description Type
❑ Minutes of 1/3/2023 Backup Material
Submitted by: Submitted By:
Page 8 of 325
January 3, 2023
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 Tuesday, January 3, 2023. Mayor Quentin Hart in the Chair. Roll Call: Boesen,
Nichols, Amos, Grieder, Wilder and Feuss, joined the meeting. Absent: Chiles.
Prayer or Moment of Silence.
Pledge of Allegiance: Jerome Amos, Ward 4 Council Member
101130 - Feuss/Wilder
that the Agenda, as amended, to add $44,800.00 to the amount not to exceed in Resolution No. 9;
and the removal of Items 1.A.17 and 1.B.4 from the Consent Agenda, for further discussion, for the
Regular Session on Tuesday, January 3, 2023, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Six. Motion carried.
101131 - Feuss/Wilder
that the Minutes, as proposed, for the Regular Session on Monday, December 19, 2022at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
Recognition of Waterloo Youth City Council.
PUBLIC COMMENTS
Mr. Grieder thanked everyone's efforts with the Youth City Council.
Ms. Wilder announced the next date of her ward meeting. She also shared that it was her, Mr.
Nichols, and Mr. Chiles's anniversary as a council member.
Mr. Amos shared a few words about his service as a city council member and that he would be
resigning effective tomorrow.
Mayor Hart recognized Mr. Amos for his service on city council.
101132 - Feuss/Wilder
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
101133 - Feuss/Wilder
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 January 3, 2023,
in the amount of $6,194,935.99, 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. 2023-001.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-002.
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.
Page 9 of 325
January 3, 2023 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2023-003.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-004.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-005.
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.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-006.
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).
Resolution adopted and upon approval by Mayor assigned No. 2023-007.
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).
Resolution adopted and upon approval by Mayor assigned No. 2023-008.
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).
Resolution adopted and upon approval by Mayor assigned No. 2023-009.
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 (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2023-010.
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).
Resolution adopted and upon approval by Mayor assigned No. 2023-011.
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).
Resolution adopted and upon approval by Mayor assigned No. 2023-012.
Page 10 of 325
January 3, 2023 Page 3
1.
a.
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).
Resolution adopted and upon approval by Mayor assigned No. 2023-013.
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).
Resolution adopted and upon approval by Mayor assigned No. 2023-014.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-015.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-016.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-017.
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.
Resolution adopted and upon approval by Mayor assigned No. 2023-018.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Rebecca Johnson, Human
Rights Specialist and
Nancy Culpepper, Human
Rights Administrative
NCRA Just Economy
Conference 2023
Washington
D.C.
March 28-
30, 2023
$3,820.00
Secretary
Page 11 of 325
January 3, 2023
Page 4
b.
c.
d.
e.
f.
g.
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
Mental Health One
Day Training
West Des
Moines, IA
January 19,
2023
$480.00
Bob Jorgensen, Golf
Superintendent, and Vacant
Golf Superintendent
Position
2023 Turfgrass
Conference
Des Moines,
IA
February 14-
16, 2023
$470.00
Dennis Gentz, PE,
Assistant City Engineer
Iowa Concrete Paving
Association (ICPA)
Annual Workshop
Des Moines,
IA
February 1-
3, 2023
$507.60
Noel Anderson,
Community Planning &
Development Director and
Jamie Knutson, City
Engineer
Prospect presentation
Atlanta, GA
October 10-
11, 2022
$2,805.00
(amended)
Nathan Hinders, Firefighter
Paramedic School,
Kirkwood College
Cedar
Rapids, IA
January 17,
2023
through May
8, 2024
$14,012.50
Jacob Helgeson, Firefighter
Paramedic School -
Hawkeye Community
College
Waterloo,
IA
August 22,
2022 - July
2023
$12,000.00
2. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Star Rupe
Main Street Waterloo
Redevelopment Authority
December 31, 2023
New
Jeanne Miller
Main Street Waterloo
Redevelopment Authority
December 31, 2023
New
Zach Hansen
Main Street Waterloo
Redevelopment Authority
December 31, 2023
Re -Appointment
Brandon Alvarado
Main Street Waterloo
Redevelopment Authority
December 31, 2023
Re -Appointment
Michael Huisman
Main Street Waterloo
Redevelopment Authority
December 31, 2023
Re -Appointment
Nick Hedrick
Main Street Waterloo
Redevelopment Authority
December 31, 2023
Re -Appointment
Brendon Wagner
Main Street Waterloo
Redevelopment Authority
December 31, 2023
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.
5. Motion to approve the appointment of Dejana Van Gundy to the position of Records Clerk II in the
Police Department, effective January 4, 2022.
Roll call vote -Ayes: Six. Motion carried.
Page 12 of 325
January 3, 2023 Page 5
101134 - Feuss/Boesen
1.A.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. Roll call vote -Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, questioned where this building is located.
Mayor Hart explained the location of the property.
Resolution adopted and upon approval by Mayor assigned No. 2023-019.
101135 - Boesen/Feuss
1.B.4. Motion to deny Recycling Yard License Applications as listed in Exhibit A. Roll call vote -
Ayes: Six. Motion carried.
Mr. Boesen questioned what happens when the license is denied.
Noel Anderson, Community Planning and Development Director, explained the denial.
PUBLIC HEARINGS
101136 - Feuss/Grieder
that proof of publication of notice of public hearing on Logan Avenue (US 63) from Donald Street to
Newell Street Traffic Adaptive System, Iowa DOT Grant Project No. ICAAP-SWAP-8155(781)--
SH-07., as published in the Waterloo Courier on December 27, 2022, be received and placed on file.
Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
101137 - Feuss/Grieder
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
101138 - Feuss/Grieder
that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-020.
101139 - Feuss/Grieder
Motion to receive and file and instruct City Clerk to read bids.
Bidder
Total Bid Amount
K&W Electric, Inc.
$162,450.00
Voltmer, Inc.
$196,463.00
Price Industrial Electric, Inc.
$278,500.00
Voice vote -Ayes: Six. Motion carried.
101140 - Feuss/Grieder
Page 13 of 325
January 3, 2023 Page 6
that "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", be adopted.
Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-021
RESOLUTIONS
101141 - Feuss/Nichols
that "Resolution directing filling Ward 4 City Council vacancy by appointment", be adopted.
Todd Obadal, 124 Amity Drive, commented that he supports the idea of holding a special election and
suggested that council was suppressing the citizen's right to vote on the matter. Mayor Hart took
exception to some of Mr. Obadal's comments. An exchange between the two took place before the
Mayor motioned for the Chief of Police to escort Mr. Obadal from council chambers.
Lawrence Marshall, 1024 Mobile Street, commented that he stands in agreement with however the
council votes.
Beverly Cosby, 315 Wendell Court, commented that they want a leader that is qualified and knows
what the 4th Ward need. She is in favor or a special election.
Mayor Hart commented on the Democratic Process.
Roll call vote -Ayes: Six. Motion carried.
101142 - Feuss/Grieder
To amend by calling for a special election to be held on March 7th. Roll call vote -Ayes: Six. Motion
carried.
Mr. Amos commented that he is vacating this position but he is concerned about the cost about holding
the election and that nobody will be in position until March. He commented that he does not believe
this is an appropriate direction. He further expressed that he believes people did not fully understand
why they were signing the petition.
Mr. Boesen commented that at this point he is in favor of holding a special election.
Mr. Nichols shared that Mr. Nichols and Mr. Boesen will fill in to represent Ward 4 during the
vacancy.
Resolution adopted and upon approval by Mayor assigned No. 2023-022.
101143 - Boesen/Nichols
that "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", be adopted. Roll call vote -Ayes: Six.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-023.
101144 - Boesen/Nichols
that "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", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Page 14 of 325
January 3, 2023 Page 7
Resolution adopted and upon approval by Mayor assigned No. 2023-024.
101145 - Boesen/Nichols
that "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", be
adopted. Roll call vote -Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, questioned why the individual in charge of the Center for the Arts is
not doing this study.
Noel Anderson, Community Planning and Development Director, provided an overview of the item
and explained that the potential renovations require the expertise of an architect and engineer.
Resolution adopted and upon approval by Mayor assigned No. 2023-025.
101146 - Grieder/Wilder
that "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", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-026.
101147 - Grieder/Wilder
that "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", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-027.
101148 - Grieder/Wilder
that "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 $44,800.00, 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", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-028.
101149 - Nichols/Wilder
that "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", be adopted. Roll call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-029.
101150 - Nichols/Wilder
that "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", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-030.
Page 15 of 325
January 3, 2023 Page 8
101151 - Nichols/Wilder
that "Resolution approving changes to the City Credit Card Policy, effective January 4, 2023", be
adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2023-031.
101152 - Nichols/Wilder
that "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", be adopted. Roll call vote -Ayes: Six. Motion carried.
Mr. Grieder expressed is support of the item.
Resolution adopted and upon approval by Mayor assigned No. 2023-032.
ORDINANCES
101153 - Amos/Wilder
that "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", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Six. Motion carried.
Forest Dillavou, 1725 Huntington Road, commented that he is concerned about the timing and cost of
this expense.
101154 - Amos/Wilder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
101155 - Amos/Wilder
that "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", be considered and passed for the second and third
times and adopted. Roll call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5678.
ADJOURNMENT
101156 - Grieder/Amos
that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Six. Motion carried.
Kelley Felchle
City Clerk
Page 16 of 325
CITY OF WATERLOO
Council Communication
Proclamation declaring January 16, 2023 as Martin Luther King Jr.'s Birthday.
City Council Meeting: 1/17/2023
Prepared: 1/11/2023
ATTACHMENTS:
Description Type
❑ MLK Proclamation Backup Material
Submitted by: Submitted By: Quentin Hart, Mayor
Page 17 of 325
CITY OF WATERLOO, I011YA
PROCLAMATION
WHEREAS, Dr. Martin Luther King, Jr., changed our Nation forever through
his leadership, service, and clarity of vision. On the Martin Luther
King, Jr. Federal Holiday, we honor the lasting legacy of this great
American, remember the ideals for which he fought, and recommit
ourselves to ensuring that our country's promise extends to all
Americans across this great land; and
WHEREAS, Dr. King devoted his life to strengthening the content of the
American character and called on our Nation to live up to its
founding principles of life, liberty, and the pursuit of happiness
for all its citizens; and
Dr. King's faith gave him the courage to confront discrimination
and segregation, and he preached that all the powers of evil are
ultimately no match for even one individual armed with eternal
truths. Through his determination, spirit, and resolve, Dr. King
helped lift souls and lead one of the greatest movements in history
for equality and freedom; and
WHEREAS, Our Nation has made progress toward realizing Dr. King's dream,
yet the work to achieve liberty and justice for all is never-ending.
We must continue to protect the rights won through the sacrifice of
Dr. King and other civil rights leaders. Our Nation must never rest
until equality is real, opportunity is universal and all citizens are
empowered to realize their dreams; and
WHEREAS, As we observe Dr. King's birthday, I encourage all to celebrate his
memory by performing acts of kindness through service to others.
Let us live out Dr. King's teaching as we continue to work for the
day when the dignity and humanity of every person is respected.
No , THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, do hereby
call upon all citizens of Waterloo to join in the national observance of Dr. Martin Luther
King, Jr.'s birthday on Monday, January 16,2023, and encourage all to observe the day with
appropriate civic, community and service programs and activities in honor of his life and
legacy.
IN TESTIMONY WilEREOF, I have hereunto subscribed my name and caused
the seal of the City of Waterloo to be affixed this 17'h day of January 2023.
Quentin Hart
Mayor
Page 18 of
CITY OF WATERLOO
Council Communication
Resolution approving the request of Timothy and Elizabeth Graham, for tax exemptions on the construction of
a new single-family home valued at $467,852.00, for property located at 1337 Partridge Lane, and located in the
City Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description
❑ CLURA 1337 Partridge
❑ CLURA 1337 Partridge
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Expenditure Required/Source
Funds:
Legal Descriptions:
Ln Form
Ln Map
Type
Backup Material
Backup Material
Resolution approving the request of Timothy and Elizabeth Graham, for tax
exemptions on the construction of a new single-family home valued at
$467,852.00, for property located at 1337 Partridge Lane, 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
Audubon Heights 7th Addition Lot 30
Page 19 of 325
CITY LIMITS URBAN REVITALIZATION APPLICATION•
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF N
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY
REVITALIZATION AREA PLAN ADOPTED BY THE CITY CO
WATERLOO.
The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two fami
dwellings (single fancily homes or duplex/twin homes) 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 111 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.
y aryl
NAME: l i 7 (Lh t',T h Ura I1(Ui1 SIGNATURE: C /I 41h ji-KtkaA-ti
r
ADDRESS: 1337 J7C((-/ ridge, L n .
TELEPHONE: 311-5 pc; q 8 7 DATE: IL ` ?3 o 2i) 7 7
A. What is the Address of the property being improved? 133 1 tvvt
What is the Legal Description of the property? (May be available at County Recorder's Office on 2"4 floor of the
Courthouse)
•
thrdvbAi I-f c t l o v L' 13 v
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
S r r i -� -{mot vr? s t Kau Co 7Sfipvl✓tz o -'
C. City of Waterloo Building and inspections Department Information:
Permit Number: aOa•a -i waDate permit was issued: 11 11 f a+ Total permit(s) valuation: a 0l 4 33 �-
��4`3
D. What was the cost of the new constniction?
E. Estimated or actual date of completion of this new construction? ' � / .
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
Tami McFarland
Black Hawk County Assessor
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.
Page 20 of 325
CITY OF WATERLOO
Council Communication
Resolution approving the request of Blake Metz, for tax exemptions on the construction of a new single-family
home valued at $475,000.00, for property located at 536 Macallan Lane, and located in the City Limits Urban
Revitalization Area (CLURA).
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description
❑ CLURA 536 Macallan Lane Form
❑ CLURA 536 Macallan Lane 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 Blake Metz, for tax exemptions on the
construction of a new single-family home valued at $475,000.00, for property
located at 536 Macallan Lane, 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
Pine Meadows Addition Lot 6
Page 22 of 325
For Office Use Only
Date Received: /z
Received by: /} Al
Staff to make a copy Ibr 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 hones 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 fled 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:
Hlake Metz
536 Macallan Lane
319.415-5890
SIGNATURE: f7�
EMAIL: bametzegmail.com
DATE: Dec. 292022
A. What is the Address of the property being improved? 5 5(„6 l „ < ti `mac L,/. 4dc, TA Co ?c5 [
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)
P, 4k, Hiea&w$ # k ;`1-i on L1 6
B. What was the nature of the improvement(s)? (mustbe single family homes or duplex/twin homes to qualify)
New Construction on Empty Lot
C. City of Waterloo Building and Inspections Department Information:
1D /262D
Permit Number: ' l 3 42G Date permit was issued:
D. What was the cost of the new construction?U
Total pertnit(s) valuation f75, CJZ�I]
E. Estimated or actual date of completion of this new construction? AL V / 26a
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
APPROVED DATED:
T.J. Koenigsfeld
DENIED Black Hawk County Assessor
Page 23 of 325
CITY OF WATERLOO
Council Communication
Resolution approving the request of Steve Hostetler, for tax exemptions on the construction of a new single-
family home with basement finish valued at $460,000.00, for property located at 325 Sheridan Road, and
located in the City Limits Urban Revitalization Area (CLURA).
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description
❑ CLURA 325 Sheridan Rd Form
❑ CLURA 325 Sheridan Rd 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 Steve Hostetler, for tax exemptions on
the construction of a new single-family home with basement finish valued at
$460,000.00, for property located at 325 Sheridan Road, 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
Lot 144 Prospect Hills Addition and part of west 20 feet of Lot 126
Page 25 of 325
CITY LIMITS URBAN REVITALIZATION APPLIC
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE C
REVITALIZATION AREA PLAN ADOPTED BY THE CITY C
WATERLOO.
The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption for newly constructed 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 151 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, 20II do not qualify.
NAME: Sje,✓C_ � f 0/(._ SIGNATURE: J&.J > a.
ADDRESS: ! 1/( Md G�� J l EMAIL: vl [s SS u ! /G1 ,--J' °J r 4 I L , G dAl
TELEPHONE: ?/171‘ S Y/ DATE: 7.—Y1 Lu %Z
A. What is the Address of the property being improved?
What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse)
1 .5 J J pdV 47,segm. ties20�Ce-!
Lb7— t,, f 2-e-L `' gi13-3�—
B. What was the nature of the improvement(s)? (must be single fatnily homes or duplex/twin homes to qualify)
//cw 3)Af cC fql/Ley / ;D/
fxv-P-rno0- yfOR
Total permit(s) valuationiS7rk
(,'�94._ a2oi vvc3
D. What was the cost of the new construction. ` 6 v�� l
E. Estimated or actual date of completion of this new construction? f)'4' -' j Z U1.3
C. City of Waterloo Building and 9 Inspections Department Information:
Permit Number:a(a— �1} , Date permit was issued:
22,-16101
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
T.J. Koenigsfeld
Black Hawk County Assessor
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.
Page 26 of 325
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.
325 Sheridan Rd
Page 27 of
1
CITY OF WATERLOO
Council Communication
Resolution approving the request by Steege Investments LLC, for tax exemptions on a twin home unit valued
at $275,000.00, for property located at 102 Bergen Avenue, and located in the Consolidated Urban
Revitalization Area (CURA).
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description Type
❑ CURA 102 Bergen Dr Form Backup Material
❑ CURA 102 Bergen Dr Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Resolution approving the request by Steege Investments LLC, for tax
exemptions on a twin home unit valued at $275,000.00, for property located
at 102 Bergen Avenue, and located in the Consolidated Urban Revitalization
Area (CURA).
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 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
Expenditure Required/Source of None
Funds:
Legal Descriptions: Gardner Addition Condominiums Bldg 11 Unit B
Page 28 of 325
Date Received:
Received by:
Staff to make a copy for applicant
CONSOLIDATED URBAN REVITALIZATION AREA
APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE
CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within
its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial
property if a building was previously on the site. It -commercial property was previously vacant, all actual value added by the
improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning &
Development Department.)
3. This application must be filed with City Rrior to the 1st 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.
NAME: ,Sfeeye 1hJ45/hie-i SCLC SIGNATURE:
ADDRESS: 2Cao / > S " ` 7 Wit Ue EMAIL:
TELEPHONE: 3 / lj - Z- `fc) 3 Y g"Z DATE:
GteeyeCo. Goer,
1�-2_A-Z.2.
A. What is the Address of the property being improved? /0 Z
What is the Legal Description of the property? (May be available at County Recorder's Office on 2°d floor of the Courthouse)?
.6 cc i I d J r I () G curd art 2 ez.)
B. Indicate desired exemption schedule: (1 or 2)
1. V One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. A partial exemption on the actual value added by improvements according to the following schedule:
a. First Year 80% d. Fourth Year 50% g. Seventh Year 30%
b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30%
c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20%
j. Tenth Year 20%
C. What was the nature of the improvement(s)?
!�} etJ bu, ' cc' duytex
D. City of Waterloo Building and Inspections Department Information::
Permit Number: 2021-0b00 71 ,a Date permit was issued: Li - 2-0 21 Total permit(s) valuation: G 7 000
E. What was the cost of the improvement? ,a-7 J 006
F. Estimated or actual date of completion of these improvements? 11 - 20 z Z
G. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of
your tenants? Yes l% No
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black
Hawk County Assessor's Office for criteria eligibility. Page 29 of 325
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 30 of 325
CITY OF WATERLOO
Council Communication
Resolution approving the request by Steege Investments LLC, for tax exemptions on a twin home unit valued
at $300,000.00, for property located at 126 Bergen Avenue, and located in the Consolidated Urban
Revitalization Area (CURA).
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description Type
❑ CURA 126 Bergen Dr Form Backup Material
❑ CURA 126 Bergen Dr Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Resolution approving the request by Steege Investments LLC, for tax
exemptions on a twin home unit valued at $300,000.00, for property located
at 126 Bergen Avenue, and located in the Consolidated Urban Revitalization
Area (CURA).
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 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
Expenditure Required/Source of None
Funds:
Legal Descriptions: Gardner Addition Condominiums Bldg 8 Unit B
Page 32 of 325
For Office Use Only
Date Received:
Received by:
Staff to make a copy for applicant
CONSOLIDATED URBAN REVITALIZATION AREA
APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE
CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL, OF THE CITY OF
WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within
its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial
property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the
improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning &
Development Department.)
3. This application must be filed with City prior to the 15' 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.
NAME: 5'f e_ LLC SIGNATURE:
ADDRESS: ;&tf / Eas�+v 4—ti k14 up, EMAIL: r7-Fi C Y cSc_arn
TELEPHONE: 3/ 9 2 -f v 3 qDATE:
rZ—z8 -z2-
A. What is the Address of the property being improved? / 2 49 e�J C..J- h r1-C ✓ tV4. kk `/,D
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)?
t�
B. Indicate desired exemption schedule: (1 or 2)
1. 1/ One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. A partial exemption on the actual value added by improvements according to the following schedule:
a. First Year 80% d. Fourth Year 50% g. Seventh Year 30%
b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30%
c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20%
j. Tenth Year 20%
C. What was the nature of the improvement(s)?
h €- L) 6 l L1 id 611ylkK
D. City of Waterloo Building and Inspections Department Information:
Permit Number: ZOZ1- 000098/ i Date permit was issued: 2D Z I Total permit(s) valuation:
E. What was the cost of the improvement? 3(x) OC 6)
F. Estimated or actual date of completion of these improvements? 1 1 —20 22
30D1 ()co
G. If this is not a single-family dwelling unit,'which you own and reside in, will these improvements create a displacement of
your tenants? Yes V No
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black
Hawk County Assessor's Office for criteria eligibility.
Page 33 of 325
CITY OF WATERLOO OFFICE USE ONLY
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED
DENIED
DATED:
T.7. Koenigsfeld
Black Hawk County Assessor
Page 34 of 325
MAYNARD AVE
s-•
Milli
CITY OF WATERLOO
Council Communication
Resolution approving the request by Jason Thaw, for tax exemptions on a single-family home valued at
$154,400.00, for property located at 225 Newell Street, and located in the Consolidated Urban Revitalization
Area (CURA).
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description Type
❑ CURA 225 Newell St Form Backup Material
❑ CURA 225 Newell St Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Resolution approving the request by Jason Thaw, for tax exemptions on a
single-family home valued at $154,400.00, for property located at 225 Newell
Street, and located in the Consolidated Urban Revitalization Area (CURA).
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 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
Expenditure Required/Source of None
Funds:
Legal Descriptions: Mansons 2nd Addition Lot 12 Blk 1
Page 36 of 325
For Office Use Only
Date Received: /(9S/ c9
Received by: S
Staff to make aL6py or a ilieant
CONSOLIDATED URBAN REVITALIZATION AREA
APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE
CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to properly located within
its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial
property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the
improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning &
Development Department.)
3. This application must be filed with City prior to the 15' 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.
NAME: c.3 # SON 1,4A W SIGNATURE: � t
ADDRESS: 0.a.s AJRWU. STJ Wllr'16R �Sai�EMAIL: 3 is TLZ TAW ao Ca cs,Mtu, C.
TELEPHONE: RI3— AC —G a -SS DATE: I V2►g f' e)o 1,2-
A. What is the Address of the property being improved? (ZR tet' i::e- 1 5-t
What is the Legal Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse)?
ti1,w5oNs SrCoru.O T %.o.) Go T (a 8 Lac T
B. Indicate desired exemption schedule: (1 or 2)
1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. A partial exemption on the actual value added by improvements according to the following schedule:
a. First Year 80% d. Fourth Year 50% g. Seventh Year 30%
b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30%
c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20%
j. Tenth Year 20%
C. What was the nature of the improvement(s)?
N, 40iVSTRael Lo'1/4) S'�rLe, - a�) �c tbrn,-e
D. City of Waterloo Building and Inspections Department Information:
Permit Number: O v o o `615 9 Date permit was issued: $ " 9 Total permit(s) valuation: E 1 5 C36)
E. What was the cost of the improvement?,p / 5f `! 00 , 00
F. Estimated or actual date of completion of these improvements? 3 (i 5 fro)-1
G. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of
your tenants? Yes No
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black
Hawk County Assessor's Office for criteria eligibility.
Page 37 of 325
CITY OF WATERLOO OFFICE IJSE ONLY
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY
APPROVED
DENIED
DATED:
T.J. Koenigsfeld
Black Hawk County Assessor
Page 38 of 325
NEWELL-ST
CITY OF WATERLOO
Council Communication
Resolution approving the request by Steege Investments LLC, for tax exemptions on a twin home unit valued
at $275,000.00, for property located at 104 Bergen Avenue, and located in the Consolidated Urban
Revitalization Area (CURA).
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description Type
❑ CURA 104 Bergen Dr Form Backup Material
❑ CURA 104 Bergen Dr Map Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Data/Analysis and Strategies:
Resolution approving the request by Steege Investments LLC, for tax
exemptions on a twin home unit valued at $275,000.00, for property located
at 104 Bergen Avenue, and located in the Consolidated Urban Revitalization
Area (CURA).
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 3.8: Continue efforts to foster new investments and development in
City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban
Revitalization Area (CURA).
Expenditure Required/Source of None
Funds:
Legal Descriptions: Gardner Addition Condominiums Bldg 11 Unit A
Page 40 of 325
Date Received:
Received by: t,
Staff to make a copy for applicant
CONSOLIDATED URBAN REVITALIZATION AREA
APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE
CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO.
The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within
its boundaries that meet the following criteria:
1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial
property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the
improvements is eligible for tax exemption.
2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning &
Development Department.)
3. This application must be filed with City prior to the 1st 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
NAME: S/ e4 /O U&',sftrw,A- f ! C SIGNATURE:
ADDRESS: 26 61 eCc5 f3nA-I Cr 1/6U/ev& EMAIL: off{;
TELEPHONE: 3/ 4' 2- Y a 3 9 2- DATE:
5
i2-ZE -zz
A. What is the Address of the property being improved? 1 7)Yi A %Ct iQD
What is the Legal Description of the property? (May be available at County Recorder's Office on 2'14 floor of the Courthouse)?
il`))1 CC'' anS
11 Lita A
B. Indicate desired exemption schedule: (1 or 2)
1. V One Hundred Percent (100%) exemption for three years on the actual value added by improvements;
2. A partial exemption on the actual value added by improvements according to the following schedule:
a. First Year 80% d. Fourth Year 50% g. Seventh Year 30%
b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30%
c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20%
j. Tenth Year 20%
C. What was the nature of the improvement(s)?
Y� e )Lt_; rd 6LivIrex
D. City of Waterloo Building and Inspections Department Information:
Permit Number:71)7.l - 0Oc 71"IS'' Date permit was issued: If- 20 Z ( Total permit(s) valuation: Z75' WO
Q
E. What was the cost of the improvement?
-75;000
F. Estimated or actual date of completion of these improvements? (( - Zv Z Z
G. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of
your tenants?
Yes V No
Note: The improvements to your home or business may not change the assessed value.
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black
Hawk County Assessor's Office for criteria eligibility. Page 41 of 325
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 42 of 325
CITY OF WATERLOO
Council Communication
Resolution supporting submission of a pre -application by Habitat for Humanity and The 415 Walnut
Collective, for the Iowa Community Catalyst Building Remediation program, to renovate buildings located at
415 Walnut Street, Waterloo, Iowa.
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description
❑ Catalyst Grant Fact Sheet
SUBJECT:
Submitted by:
Recommended Action:
S ummary S tatement:
Neighborhood Impact:
Type
Backup Material
Resolution supporting submission of a pre -application by Habitat for
Humanity and The 415 Walnut Collective, for the Iowa Community Catalyst
Building Remediation program, to renovate buildings located at 415 Walnut
Street, Waterloo, Iowa.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval of a Resolution supporting the application by Habitat for
Humanity for the Community Catalyst Building Remediation Program.
The Community Catalyst Building Remediation Program assists
communities with the redevelopment, rehabilitation or deconstruction of
buildings to stimulate economic growth or reinvestment in the community.
Eligibility:
• Funds available for the rehabilitation of one commercial building per
community or two buildings with same ownership that are adjacent
• Deconstruction is allowed in dire situations or for safety reasons
• City must be the applicant and provide financial and/or in -kind
resources
Data/Analysis and Strategies: Economic Development
Implementation, Accountability, N/A
and Communication:
Expenditure Required/Source of None (for the resolution of support)(the project will be eligible for the $5,000
Funds: per unit housing rehab incentive, and is within the CURA).
Alternative: N/A
Lots 1 and 2; All that part of Lots 3, 4, 5 lying within the following described
boundaries: Commencing at the Northwest Comer of said Lot 3; thence East
along the North line of said Lot 3 a distance of 20 feet; thence South along a
Page 44 of 325
Legal Descriptions:
line which is 20 feet East of and parallel with the West line of said Lots 3 and
4 and an extension thereof to the South line of said Lot 5; thence West along
the South line of said Lot 5 to an angle point in said Lot; thence
Southwesterly along the Southeasterly line of said Lot to the Southwesterly
line of said Lot; thence Northwesterly along the Southwesterly line of said
Lot to the most Westerly comer of said Lot; thence Northeasterly along the
Northwesterly line of said Lot to an angle point in said Lot; thence North
along the West line of said Lots 5, 4 and 3 to the point of beginning; All that
part of Lot 6 lying within the following described boundaries: Commencing
at a point in the Southwesterly line of said Lot which is 26 feet Northwesterly
of the most Westerly comer of Lot 7; thence Northwesterly along the
Southwesterly line of said Lot 6 to the most Westerly comer of said Lot;
thence Northeasterly along the Northwesterly line of said Lot to the angle
point in said Lot; thence East along the North line of said Lot a distance of
12.9 feet; thence South to the place of beginning; all in "N. 0. Munger's
Subdivision", of Block 79 of the Cooley Addition in the City of Waterloo,
Iowa.
Page 45 of 325
COMMUNITY CATALYST
BUILDING REMEDIATION PROGRAM
I ( )WA.
economic de elopment
261-45.1(15) Purpose. Pursuant to Iowa Code sections 15.231 and 15.106A, the authority is directed to
establish a community catalyst building remediation program fund for the purpose of providing grants to cities
for the remediation or redevelopment of underutilized buildings. The authority shall administer the fund in a
manner to make grant moneys annually available to cities for the purposes of this chapter.
PROGRAM DEFINITION
Through the Community Catalyst Building Remediation
Program, the Iowa Economic Development Authority
(IEDA) will provide grants to communities for the
redevelopment, rehabilitation or deconstruction of
buildings to stimulate economic growth or reinvestment
in the community. Strong applications will show
the potential of catalytic economic growth in the
community; improve appearances and safety; make
use of underutilized property, exhibit appropriate design
standards; and be well -funded. Economic growth may
include the creation of additional jobs, growth of new or
existing businesses, development of new housing units,
increase property values or potential population growth.
PROGRAM DETAILS
Funding based on annual availability
Maximum grant: $100,000
40% of funds will be awarded to cities with
populations under 1,500
A mandatory pre -application process will precede
the official grant application
Applications are by invitation only, after approved
pre -application
City must be the applicant and provide financial
and/or in -kind resources
Funds available for the rehabilitation of one
commercial building per community or two buildings
with same ownership that are adjacent
Deconstruction is allowed in dire situations or for
safety reasons
PROJECT EXAMPLES
Adair
Atkins
Scoring Criteria (50 points total)
Project Impact (0-30 Points)
Project Appropriateness (0-10 points)
Project Funding/Partnerships (0-10 Points)
JB08092022
iowaeda.com
CITY OF WATERLOO
Council Communication
Resolution approving a request by the City of Waterloo to name a private street Mission Circle, generally
located north of Lakeside Street, east of East 4th Street.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
❑ City Council P acket Backup Material
SUBJECT:
Resolution approving a request by the City of Waterloo to name a private
street Mission Circle, generally located north of Lakeside Street, east of East
4th Street.
Submitted by: Submitted By: Aric Schroeder, City Planner
Recommended Action: Approval.
Summary S tatement:
Neighborhood Impact:
City of Waterloo to name a private street Mission Circle located north of 501
Lakeside Street, to serve five multistory buildings proposed to be
constructed on land proposed to be platted as Lot 1 of North Crossing
Third Addition.
The request would not appear to have a negative impact upon the
surrounding neighborhood, as the proposed development has been
previously approved, and this action will name the private drive that the
development will be addressed off of.
The request would not appear to have a negative impact upon pedestrian and
traffic conditions.
The property in question is zoned "R-4,R-P" Planned Residence District
and has been zoned as such since being rezoned from "R-2" One and Two
Family District by Ordinance 5610 on August 16, 2021. Surrounding land
uses and their zoning are as follows:
North — Vacant Land, zoned "A-1" Agricultural District.
South — Vacant Land and Single-family residences, zoned "R-4,R-P"
Planned Residence District, "R-2" One and Two Family Residence District
and "R-2,C-Z" Conditionally Zoned One and Two Family Residence
District.
East — Vacant land, zoned "A-1" Agricultural District.
West — Vacant Land and North Crossing Development, zoned "C-P"
Planned Commercial District
The applicant is requesting to name a private street Mission Circle. The
Engineering department has reviewed the request and concurs with the
Page 47 of 325
C o nununity Engagement
Methods:
naming as it does not conflict with any other street names. The Planning and
Zoning Commission will make their recommendation on the street naming at
their regular meeting on January 10, 2023.
Therefore, staff recommends that the street naming be approved for the
following reason(s):
1. The Engineering Department has reviewed the request and concurs with
the naming of private street Mission Circle, as it does not conflict with any
other street names and recommends approval
There is no public sidewalk located along East 4th Street. There are no
sidewalks in the immediate area as well. Sidewalks will be required as the area
develops.
The area has a mix of residential development and commercial uses. The
area was developed from the 1950's to the 2020's.
The property in question is not located within any Special Flood Hazard
Area as indicated by the Federal Insurance Administration's Flood Insurance
Rate Map, Community Number 190025 and Panel Number 0189F, dated
July 18, 2011.
There is a 12" sanitary sewer main along E 4th Street. Other utilities will be
extended to serve the development.
Expenditure Required/Source of None.
Funds:
Page 48 of 325
REQUEST:
APPLICANT(S):
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN:
SURROUNDING
LAND USE:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS
REQUIRED/ NEEDED:
DEVELOPMENT
HISTORY:
FLOODPLAIN:
January 17, 2023
Request by City of Waterloo to name a private street Mission
Circle located north of 501 Lakeside Street in the "R-4, R-P"
Planned Residence District.
City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703
The applicant is requesting to name a private street Mission
Circle, located north of 501 Lakeside Street.
The request would not appear to have a negative impact upon
the surrounding neighborhood, as the proposed development
has been previously approved, and this action will name the
private drive that the development will be addressed off of.
The request would not appear to have a negative impact upon
pedestrian and traffic conditions.
There is no public sidewalk located along East 4th Street.
There are no sidewalks in the immediate area as well.
Sidewalks will be required as the area develops.
The surrounding land use is residential.
The property in question is zoned "R-4,R-P" Planned
Residence District and has been zoned as such since being
rezoned from "R-2" One and Two Family District by Ordinance
5610 on August 16, 2021. Surrounding land uses and their
zoning are as follows:
North — Vacant Land, zoned "A-1" Agricultural District.
South — Vacant Land and Single-family residences, zoned "R-
4,R-P" Planned Residence District, "R-2" One and Two Family
Residence District and "R-2,C-Z" Conditionally Zoned One
and Two Family Residence District.
East — Vacant land, zoned "A-1" Agricultural District.
West — Vacant Land and North Crossing Development, zoned
"C-P" Planned Commercial District.
This request would not require any additional buffers or
screening.
The area has a mix of residential development and
commercial uses. The area was developed from the 1950's to
the 2020's.
The property in question is not located within any Special
Flood Hazard Area as indicated by the Federal Insurance
Administration's Flood Insurance Rate Map, Community
Number 190025 and Panel Number 0189F, dated July 18,
2011.
02.09.21 — Name Private Aidin Way
Page 1 of 2
Page 49 of 325
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER,
ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
Technical Review
Committee
STAFF
RECOMMENDATION:
January 17, 2023
George Washington Carver Academy is located approximately
a half mile to the southwest. Gates Park is located 0.15 miles
to the south.
There is a 12" sanitary sewer main along E 4th Street. Other
utilities will be extended to serve the development.
The Future Land Use Map designates this area as Low
Density Residential. The multi -family development is not in
conformance with the Comprehensive Plan and the Future
Land Use Map for this area. However, it should be noted that
the Future Land Use Map is used as a guide for future
development and is not absolute. The current Comprehensive
Plan was approved in 2002. The City is in the process of
updating its Comprehensive Plan, which will include changes
to the Future Land Use Map that will account for the changing
of growth patterns and zoning changes of the City over the
last 20 years.
The applicant is requesting to name a private street Mission
Circle. The Engineering department has reviewed the request
and concurs with the naming as it does not conflict with any
other street names. The Planning and Zoning Commission will
make their recommendation on the street naming at their
regular meeting on January 10, 2023.
No subdividing of land is required for this request.
The Technical Review Committee did not have any concerns
regarding this request.
Therefore, staff recommends that the street naming be
approved for the following reason(s):
1. The Engineering Department has reviewed the request
and concurs with the naming of private street Mission
Circle, as it does not conflict with any other street
names and recommends approval.
02.09.21 — Name Private Aidin Way
2
Page 2 of 2
Page 50 of 325
City of Waterloo City Council
January 17, 2023
New development that will
have private street.
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Private Street Naming
"Mission Court"
North of 5oi Lakeside
3
Page 51 of 325
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City of Waterloo City Council
January 17, 2023
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R -2
A-1
Private Street Name
"Mission Court"
North of 501 Lakeside
4
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ENGINEERING DEPARTMENT
715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4312 • Fax (319) 291-4262
Email: city.engineereDwaterloo-ia.org
JAMIE KNUTSON, PE • City Engineer
September 30, 2022
Aric Schroeder
City Planner
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
RE: NAMING PRIVATE STREET MISSION CIRCLE
Dear Aric:
The Engineering Department has reviewed the naming of a certain private street, which
will serve five multistory buildings.
The location of this private street is generally described as being located north of Lakeside
Street and east of and adjacent to E. 4th Street. The location of Mission Circle is more
particularly described as being located in Lot 1 of the North Crossing Third Addition.
The Engineering Department recommends that this private street, Mission Circle, be
approved.
Sincerely,
amie Knutson, PE
City Engineer
Cc: Steve Walker, Draftsman
WE'RE WORKING FOR YOU!
An Equal Opportunityrmative Action Employer
Page 53 of 325
CITY OF WATERLOO
Council Communication
Resolution accepting a U.S. Department of Justice, Northern and Middle States Rural Law Enforcement
Training and Technical Assistance Grant, in the amount of $68,000.00.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
❑ Grant Backup Material
Resolution accepting a U.S. Department of Justice, Northern and Middle
SUBJECT: States Rural Law Enforcement Training and Technical Assistance Grant, in
the amount of $68,000.00.
Submitted by: Submitted By: Aaron P. McClelland, Police Captain
Data/Analysis and Strategies: None
Implementation, Accountability, Federal Grant Funds
and Communication:
Expenditure Required/Source ofNone. There is no match for this grant.
Funds:
Alternative: None
Page 54 of 325
Subrecipient Contract for Services-
Microgrant/Subaward
Contract # 72-015
This agreement is effective as of September 12, 2022 between the National White Collar Crime Center
(hereinafter referred to as NW3C or prime recipient), a Virginia corporation, located at 4901 Dickens
Road, Suite 110, Richmond, VA 23230 and Waterloo Police Department (hereinafter referred to as
"WPD" or the "subrecipient") for work performed under the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance ("BJA" or "grantor"), for Grant Award Number Cooperative
Agreement No. 2020-17373, federal CFDA number 16.738 for the initiative entitled, "Northern and
Middle States Rural Law Enforcement Training and Technical Assistance Grant Program".
1.0 Agreement of the Parties:
1.1 WHEREAS, NW3C has received funds under Cooperative Agreement No. 2020-17373 from
the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, to
conduct a project entitled, "Northern and Middle States Rural Law Enforcement Training and
Technical Assistance Grant Program" WHEREAS, NW3C wishes to engage and provide
resources and Training and Technical Assistance (TTA) to sheriffs, and rural and tribal law
enforcement agencies, located in the northern and middle states of the United States to support
their efforts to address precipitous increases of all types of crime unique to this region, including
human trafficking and sexual assaults, drug trafficking, and other forms of violent crime.
1.2 The subrecipient agrees to provide services in accordance with the terms and conditions
contained herein.
1.3 In consideration of the promises and mutual covenants contained in this Agreement and
other good and valuable consideration, the receipt and sufficiency of which is
acknowledged by both parties, NW3C and the subrecipient agree to the following terms
and conditions.
2.0 Term of Agreement:
This Agreement shall be in effect for the period October 2020 through September 30, 2023.
3.0 Scope of Service:
The subrecipient will provide NW3C with the services described in Schedule A, Scope of
Services, which is attached to and made a part of this Agreement, during the period described in
Section 2.0 above.
4.0 Compensation and Method of Payment:
4.1 NW3C agrees to pay the subrecipient a total, not to exceed, $68,000.00, for any
and all services and materials, described in Schedule A, arising under the
Agreement, provided that the services are performed by the subrecipient as
required by, and upon the deadlines specified by NW3C during the Term of the
Agreement. All payments are subject to the availability of funding from OJP/BJA.
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Funds shall not be paid by NW3C until services have been rendered and
documented by the subrecipient to the satisfaction of NW3C's designated
Contract Coordinator for this contract: James Lee
4.2 The subrecipient acknowledges and agrees that, except as provided in this
Section 4.0 and Schedule A, the subrecipient shall not be entitled to, and NW3C
shall not be obligated to pay, any monies or other compensation for the services
or materials provided and rights granted under this Agreement.
4.3 Invoices will be provided to NW3C based on actual expenditures incurred. Actual
expenditures incurred should be supported by a financial report and receipts detailing
expenses. The total amount to be paid by NW3C shall not exceed $68,000.00 over the
award period. To document completion of the work required under this contract, the
subrecipient agrees to submit to NW3C, at the Notice Address listed below quarterly
reports on accomplishments, lessons learned, and promising practices that could be
replicated.
4.4 The subrecipient understands that any invoices or receipts shall remain available
for audit as may be required by law. Upon receipt of the completed invoice and
supporting documentation, approval by the Contractor Coordinator, and the
availability of federal funds, NW3C shall send payment to the subrecipient at the
Notice Address listed below.
4.5 Notwithstanding the total amount to be paid by NW3C as listed above and
elsewhere in this agreement, NW3C may, in its discretion, provide additional
compensation to address inflationary factors. Nothing in subsection obligates
NW3C to pay compensation beyond the amounts listed in this agreement.
5.0 Contractor Status:
5.1 The subrecipient warrants and represents to NW3C that the subrecipient is acting
solely as an Independent Contractor and not as a NW3C employee, and that the
subrecipient has the full right and authority to enter into this Agreement and to
perform all the subrecipient obligations under this Agreement. The parties to this
Agreement recognize that this Agreement does not create any actual or apparent
agency, partnership, franchise, or relationship of employer and employee between
NW3C and the subrecipient. The subrecipient is not authorized to enter into or
commit NW3C to any agreements, and the subrecipient shall not represent itself
as the agent or legal representative of NW3C.
5.2 Further, the subrecipient acknowledges and agrees that the subrecipient shall not be
entitled to (i) participate in any of NW3C's benefits, including without limitation any
employee benefits or health or retirement plans, and (ii) receive any additional
remuneration or payment of expenses other than as specifically provided for in this
Agreement.
5.3 The subrecipient is responsible for payment of all applicable state and federal taxes
relating to payments made under the terms of this Agreement. NW3C shall not be liable
for taxes, Worker's Compensation, unemployment insurance, employers' liability,
employer's FICA, social security, withholding tax, or other taxes or withholding for or on
behalf of the subrecipient or any other person consulted or employed by the subrecipient
in performing Services under this Agreement. The subrecipient acknowledges and
agrees that all of the costs specified in Section 5.0 and any cost required to complete the
work specified in Schedule A of this Agreement are the responsibility of the subrecipient.
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5.4 By signing this Agreement, the subrecipient attests and certifies that the subrecipient
meets all U. S. Department of Labor or the Bureau of Citizenship and Immigration
Services requirements for eligibility to receive payments.
5.5 Subrecipient acknowledges that the Services and the products have been specially
commissioned or ordered by NW3C as "works made -for -hire" as that term is used in the
Copyright Law of the United States, and that NW3C is deemed to be the author of, and
the owner of all
copyrights in and to the materials created; however, NW3C grants to subrecipient a
nonexclusive license to use the products and materials created under this Agreement.
Subrecipient must get written permission from NW3C prior to any such use of the
products and materials created under this Agreement.
5.6 The subrecipient agrees that the subrecipient will not use NW3C's name or the name of
any member of NW3C's staff in any form of promotion or publicity without the prior written
consent of NW3C.
6.0 Eligibility Requirements:
Applicants must meet the following eligibility requirements to be considered for this
program.
6.1 Be a small, rural, or tribal law enforcement agency located within the Northern or Middle States of
Arkansas, Oklahoma, Missouri, Kansas, Iowa, Nebraska, South Dakota, Minnesota, North
Dakota, Montana, Wyoming, Colorado, Utah, Idaho, Nevada, Louisiana, Oregon, Washington,
Illinois, Indiana, Michigan, Wisconsin, or Alaska.
6.2 A small or rural law enforcement agency is one that serves a population size of 100,000 or less
AND is located in either; An area or community, respectively, where no part is within an area
designated as a standard metropolitan statistical area, or an area or community, respectively, that
is within an area designated as a metropolitan statistical area or considered as a part of a
metropolitan statistical area but is located within a rural census tract.
6.3 A tribal law enforcement entity must be one that is part of a federally recognized Indian Tribe and
is located within Arkansas, Oklahoma, Missouri, Kansas, Iowa, Nebraska, South Dakota,
Minnesota, North Dakota, Montana, Wyoming, Colorado, Utah, Idaho, Nevada, Louisiana,
Oregon, Washington, Illinois, Indiana, Michigan, Wisconsin, or Alaska.
6.4 Have permission from the agency governing authority to receive the award
6.5 Be able to comply with Post Award reporting requirements
6.6 If applicable, be able to provide to law enforcement staff members with necessary training on the
use and implementation of purchased equipment or systems
6.7 Those agencies receiving awards for specialized equipment that would normally require officer or
personnel training on the appropriate and legal use of those items, especially privacy
implications, will be required to provide confirmation of receipt of training.
6.8 Agencies receiving awards to fund subscriptions, or access to an intelligence information system
or service, will be required to provide certificates of completion of 28 CFR Part 23 training,
available at www.ncirc.gov/28cfr/
6.0 Subrecipient Requirements
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6.1 As a condition of receiving the Cooperative Agreement from the Bureau of Justice Assistance,
is required to ensure that any subrecipient of grant funds complies with the conditions shown
on Schedule B to this Agreement and with the following requirements from the Office of
Justice Programs' Financial Guide (https://www.ojp.gov/funding/financialguidedoj/overview).
As a subrecipient under the BJA/OVC grant, subrecipient agrees to:
1. Maintain financial records and other records for invoicing purposes in the
format specified in this Agreement for a period of three (3) years from the
completion of the Project.
2. Allow NW3C to conduct on -site audits and/or review of all documentation
created and maintained by subrecipient to comply with the OJP/BJA
cooperative agreement, including financial data, work products, and data
relating to deliverables.
3. Provide closeout information and reports as requested by NW3C at least 120
days prior to the date the grant or any GAN terminates.
4. Meet with NW3C regularly to discuss program activities and performance.
5. Comply with applicable special conditions specified in the OJP/BJA
cooperative agreement, which have been incorporated into this Agreement as
Schedule B.
6. Complete the work specified in Schedule A, as requested by NW3C.
7. Provide timely reports and data in the format specified by NW3C upon NW3C's
request.
8. Provide a Debarment and Suspension Certification in the form specified in
Schedule C.
9. Maintain property records for equipment acquired under this Agreement,
including in such records a description of the equipment, a serial number or
other identification number, the title holder, the acquisition date, and cost of the
property, the location, use and condition of the property, and any ultimate
disposition data including the date of disposal and sale price of the property.
The Subrecipient agrees to provide NW3C with property records within five (5)
business days of a request for a copy of property records by NW3C.
10. Ensure the title to equipment acquired under this Agreement remains
unencumbered until the Subrecipient receives disposition instructions from
NW3C.
11. Maintain policies and procedures to ensure equipment acquired under this
Agreement is safeguarded against damage, loss, and theft.
12. Ensure any equipment acquired under this Agreement is disposed of in
accordance with NW3C's disposition instructions. NW3C will provide the
subrecipient with disposition instructions prior to the termination of this
agreement.
13. Prepare and submit to NW3C for approval a budget showing costs associated
with deliverables and reports and identify any property or equipment that
subrecipient intends to purchase with award funds.
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14. Submit only those costs which are included in the budget approved by NW3C.
15. Comply with all applicable civil rights nondiscrimination requirements.
16. Certify to NW3C that subrecipient is in compliance with the lobbying restrictions
in 28 C.F.R. Part 69, and provide a certification in the form specified in
Schedule C.
17. Comply with requirements associated with the operation of motor vehicles
while conducting business under this Agreement, including requiring all
individuals who are performing award -related work to wear seat belts and are
prohibited from texting while driving.
18. Certify that subrecipient has established and maintains an accounting system
and financial records that are sufficient to accurately account for award funds.
19. At the time the Agreement is signed by subrecipient, provide a fully executed
original of the Lobbying, Drug -free Workplaces, and Suspension.
20. Certification, which is attached to this Agreement as Schedule C and
incorporated by reference.
7.0 Partial Performance or Early Termination:
7.1 This Agreement is funded by a federal Cooperative Agreement. Should funding not be
available, NW3C will notify subrecipient and this Agreement shall be rendered null and
void immediately. Payments are subject to the availability of funds from OJP/BJA and
subrecipient providing the required documentation as per Section 4.3.
7.2 This Agreement may be terminated immediately at the option of NW3C if the subrecipient
fails to perform the services under this Agreement to the satisfaction of NW3C.
7.3 In the event of partial performance by the subrecipient, NW3C's obligation to pay the
subrecipient shall be limited to only those services performed, invoiced, and documented
to the sole satisfaction of NW3C.
8.0 Notices:
All notices and other communications required by this Agreement shall be in writing and shall be
delivered either by Express Mail or by certified or registered mail. All notices and any other
written communications under this Agreement shall be addressed as indicated below, or as
specified by subsequent written notice delivered by the party whose address has changed.
Notices to
Notices to NW3C:
Robert Duncan
Lieutenant
Waterloo Police Department
715 Mulberry
Waterloo, IA 50703
Email: duncanr@waterloopolice.com
Telephone: 319-291-4340
Kathie Alexander
Contract Administrator and Risk Manager
NW3C, Inc., d/b/a the National White Collar Crime Center
4901 Dickens Road; Suite 110
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Richmond, VA 23230
Email: kalexander@nw3c.org
Telephone: 804-217-5624
9.0 Indemnification:
9.1 The subrecipient agrees to defend, indemnify and hold NW3C harmless from any claim,
action, or cause of action, or liabilities, including reasonable attorney's fees to the
prevailing party, arising out of the subrecipient's performance of subrecipient's
obligations pursuant to this Agreement.
9.2 In this Section 9.0 shall survive the termination of this Agreement.
10.0 Choice of Law:
This Agreement shall be governed by the laws of the Commonwealth of Virginia.
11.0 Force Majeure:
Neither party shall be liable for delay in performance due to fire, flood, strike, or other
labor difficulty, act of God, act of any governmental authority, acts or omissions of the
other party, riot, fuel or energy shortage, or due to any other cause beyond the party's
reasonable control.
11.2 In the event of delays in performance due to any of the events specified in Section 11.1,
the dates for performance by the parties will be postponed by a period of time equal to
the delay period.
12.0 Assignment:
This Agreement shall not be assigned by either party without the prior written consent of the other
party.
13.0 Severability:
The illegality or invalidity of any provisions of this Agreement shall not impair, affect, or invalidate
the other provisions of this Agreement.
14.0 Attorney Fees and Costs:
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party in litigation shall be entitled to reasonable attorney's fees, costs and
necessary disbursements incurred before or after judgment.
15.0 Entire Agreement and Amendment:
15.1 This Agreement contains the entire Agreement between the parties and supersedes all
previous agreements and understandings of the parties relating to the Scope of Services
to be performed under this Agreement.
15.2 This Agreement may be amended only by another written Agreement duly executed by
both parties.
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IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to
be bound thereby.
NW3C, INC.
BY: BY:
DATE:
Robert Duncan
Lieutenant
A
Glen B. Gainer III
President and CEO
DATE: 9-12-2022
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SCHEDULE A
SCOPE OF SERVICES
TO CONTRACT # 72-015
BETWEEN NW3C AND Subrecipient
I. SERVICES:
NW3C desires to have the subrecipient provide services in support of Federal Cooperative
Agreement 2020-17373 FY 20"Northern and Middle States Rural Law Enforcement Training and
Technical Assistance Grant Program" awarded to NW3C by the Department of Justice ("DOS),
Office of Justice Programs ("OJP"), Bureau of Justice Assistance. Subrecipients will identify and
request resources to assist in:
• Improving the agency's investigative, intelligence, and/or interdiction capabilities
• Enhancing information sharing, including investigative and intelligence data sharing
with other agencies
• Enabling agencies to participate in projects within the Northern and Middle states
• Assisting in projects/initiatives unique to an agency or its region
• Improving dedicated communications capabilities
• Reducing precipitous increases in crime
Subrecipient will provide the following services under the Program:
Project:
FY20 "Northern and Middle States Rural Law
Enforcement Training and Technical Assistance Grant
Program"
Period of Performance: October 1, 2020 through September 30, 2023
Contract Price: $68,000.00
Subrecipient Contact:
NW3C Contact:
Robert Duncan
Lieutenant
Waterloo Police Department
715 Mulberry
Waterloo, IA 50703
Email: duncanr@waterloopolice.com
Telephone: 319-291-4340
James Lee
Program Manager
NW3C, Inc., d/b/a the National White Collar Crime Center
5000 NASA Blvd., STE 2100
Fairmont, WV 26554
Email: jlee@nw3c.org
Telephone: (304) 368-2883
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A. Project:
Subrecipient STATEMENT OF WORK
The Subrecipient will provide the following services under this Agreement:
1) Applications/Documentation: Upon being selected as a subrecipient, agencies will be required
to update their applications and provide proper financial documentation to include bids, invoices,
and receipts of purchase prior to funds being reimbursed by NW3C.
2) Quarterly Reports: Following implementation, the subrecipient will be contacted and surveyed
by NW3C Program Manager on a quarterly basis. This survey will report accomplishments,
lessons learned, and promising practices that could be replicated. Questions may include:
• What was the problem identified to be addressed through the funding?
• How was/were the item(s) used/implemented?
• How was the information and/or intelligence sharing improved?
• What other benefits, if any, were gained through this award?
• How many officers were given/use the items(s) or benefited from the award?
• What best practices can be recommended based on the agency's use/implementation
experience?
What lessons learned (and challenges faced) can you share from the
use/implementation?
• Did this award help reduce crime in your area?
• Was the project or implementation completed by the target date?
II. PAYMENT SCHEDULE:
Upon selection, subrecipients will provide NW3C all financial documentation to include bids, invoices,
and receipts of approved purchase based on actual expenditures incurred. Actual expenditures
incurred should be supported by a financial report detailing expenses. The subrecipient will monitor the
total budget by category, and current period expenditures. The total amount to be paid by NW3C shall
not exceed $68,000.00 over the award period. To document completion of the work required under this
contract, the subrecipient agrees to submit to NW3C, at the Notice Address listed below an Invoice,
documenting the services provided under Schedule A, by listing (i) the period of service, (ii) the grant
number, (iii) a description of the work performed and supporting documentation for actual expenses,
and the amount.
NW3C shall pay the subrecipient for approved purchases, subject to the availability of federal funds
from OJP/BJA. NW3C will not be obligated to make any payment if the applicable payment request
(the Invoice) is not received or if the required deliverable is not received and approved by NW3C. If
OJP/BJA funds are available, NW3C will make payment thirty (30) days from receipt of the invoice and
approval by the NW3C Contract Coordinator.
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SCHEDULE B
TO THE AGREEMENT BETWEEN NW3C AND subrecipient
DOJ OFFICE OF JUSTICE PROGRAMS, Bureau of Justice Assistance
PROJECT NUMBER: BJA-2020-17373 AWARD DATE: September 12, 2022
SPECIAL CONDITIONS
The following Special Conditions are applicable to the use of funds from OJP/BJA by NW3C, as the
Cooperative Agreement recipient, and by Robert Duncan, as a subrecipient:
1. Requirements of the award; remedies for non-compliance or for materially false
statements
The conditions of this award are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the recipient that relate to conduct during
the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may
determine that it will not enforce, or enforce only in part, one or more requirements otherwise
applicable to the award. Any such exceptions regarding enforcement, including any such
exceptions made during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal
Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the
award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally executed
by the authorized recipient official, all assurances or certifications submitted by or on behalf of the
recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full
below, a condition incorporated by reference below, or an assurance or certification related to
conduct during the award period -- may result in OJP taking appropriate action with respect to the
recipient and the award. Among other things, the OJP may withhold award funds, disallow costs,
or suspend or terminate the award. DOJ, including OJP, also may take other legal action as
appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this
award (or concealment or omission of a material fact) may be the subject of criminal prosecution
(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead
to imposition of civil penalties and administrative remedies for false claims or otherwise (including
under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its
terms, that provision shall first be applied with a limited construction so as to give it the maximum
effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -
unenforceable, such provision shall be deemed severable from this award.
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2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200
Uniform Requirements") apply to this FY 2020 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY
2020 award supplements funds previously awarded by OJP under the same award number (e.g.,
funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with
respect to all funds under that award number (regardless of the award date, and regardless of
whether derived from the initial award or a supplemental award) that are obligated on or after the
acceptance date of this FY 2020 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP
awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at 2
C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of
the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted
on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial
Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States
Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory
provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision
that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that
statutory provision as reclassified to Title 34. This rule of construction specifically includes
references set out in award conditions, references set out in material incorporated by reference
through award conditions, and references set out in other award requirements.
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5. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to
use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the
"de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election,
and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de
minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part
200 Uniform Requirements.
6. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any
other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are
being, or are to be used (in whole or in part) for one or more of the identical cost items for which
funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested
by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant
adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
7. Requirements related to System for Award Management and Universal Identifier
Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of information
in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier
subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not
acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipients obligations related to SAM and to unique entity identifiers are posted
on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for
Award Management (SAM) and Universal Identifier Requirements), and are incorporated by
reference here.
This condition does not apply to an award to an individual who received the award as a natural
person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
8. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must --
A. Ensure that, as part of the hiring process for any position within the
United States that is or will be funded (in whole or in part) with award funds, the
recipient (or any subrecipient) properly verifies the employment eligibility of the
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individual who is being hired, consistent with the provisions of 8 U.S.C.
1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who
are or will be involved in activities under this award of both--
(1)
and
this award requirement for verification of employment eligibility,
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that,
generally speaking, make it unlawful, in the United States, to hire (or
recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by
this condition to be notified of the award requirement for employment eligibility
verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
As part of the recordkeeping for the award (including pursuant to the
Part 200 Uniform Requirements), maintain records of all employment eligibility
verifications pertinent to compliance with this award condition in accordance with
Form 1-9 record retention requirements, as well as records of all pertinent
notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal
program, award funds may be obligated for the reasonable, necessary, and
allocable costs (if any) of actions designed to ensure compliance with this
condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities
under this award" specifically includes (without limitation) any and all recipient (or
any subrecipient) officials or other staff who are or will be involved in the hiring
process with respect to a position that is or will be funded (in whole or in part)
with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification
of employment eligibility, the recipient (or any subrecipient) may choose to
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participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify
(and follows the proper E-Verify procedures, including in the event of a "Tentative
Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility
for each hiring for a position in the United States that is or will be funded (in
whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto
Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of
the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any
recipient, any subrecipient at any tier, or any person or other entity, to violate any
federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood
to relieve any recipient, any subrecipient at any tier, or any person or other entity,
of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and
(2).
Questions about E-Verify should be directed to DHS. For more information about
E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at
E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to
OJP, before award acceptance.
9. Requirement to report actual or imminent breach of personally identifiable information
(PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) --
(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded
program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130).
The recipient's breach procedures must include a requirement to report actual or imminent
breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
10. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that -- for
purposes of federal grants administrative requirements -- OJP considers a "subaward" (and
therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site
at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference here.
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11. Specific post -award approval required to use a noncompetitive approach in any
procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a procurement "contract" (and therefore does not
consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a
procurement contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -
award approval required to use a noncompetitive approach in a procurement contract (if contract
would exceed $250,000)), and are incorporated by reference here.
12. Unreasonable restrictions on competition under the award; association with federal
government
SCOPE. This condition applies with respect to any procurement of property or services that is
funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any
tier, and regardless of the dollar amount of the purchase or acquisition, the method of
procurement, or the nature of any legal instrument used. The provisions of this condition must be
among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the 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]II 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.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance
with this condition.
3. Allowable costs
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To the extent that such costs are not reimbursed under any other federal program, award
funds may be obligated for the reasonable, necessary, and allocable costs (if any) of
actions designed to ensure compliance with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or
entity engaged or employed (in the past or at present) by or on behalf of the
federal government -- as an employee, contractor or subcontractor (at any tier),
grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking
any work, project, or activity for or on behalf of (or in providing goods or services
to or on behalf of) the federal government, and includes any applicant for such
employment or engagement, and any person or entity committed by legal
instrument to undertake any such work, project, or activity (or to provide such
goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any
recipient, any subrecipient at any tier, or any person or other entity, to violate any
federal law, including any applicable civil rights or nondiscrimination law.
13. Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct
related to the trafficking of persons, whether on the part of recipients, subrecipients
("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the
recipient or of any subrecipient.
The details of the recipients obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
14. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by the recipient, or a subrecipient at any
tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless of
an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability
required, in advance, for certain individuals who may interact with participating minors), and are
incorporated by reference here.
15. Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
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The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval
and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences (as that term is defined by DOJ), including the provision of food and/or
beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
16. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of
work under this award. The data must be provided to OJP in the manner (including within the
timeframes) specified by OJP in the program solicitation or other applicable written guidance.
Data collection supports compliance with the Government Performance and Results Act (GPRA)
and the GPRA Modernization Act of 2010, and other applicable laws.
17. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier
-- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles
for Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
18. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if (as
determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
19. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ
awarding agency (OJP or OVW, as appropriate) during the period of performance for this award,
if the recipient is designated as "high- risk" for purposes of the DOJ high -risk grantee list.
20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28
C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part
42 that relate to an equal employment opportunity program.
21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28
C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education
programs."
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22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28
C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including
any applicable requirements regarding written notice to program beneficiaries and prospective
program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage
in or conduct explicitly religious activities, as well as rules and requirements that pertain to
recipients and subrecipients that are faith -based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
23. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or
oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any
level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal
statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the
recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a
federal agency, a Member of Congress, or Congress (or an official or employee of any of them)
with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract,
subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any
such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact
OJP for guidance, and may not proceed without the express prior written approval of OJP.
24. Compliance with general appropriations -law restrictions on the use of federal funds (FY
2020)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent
restrictions that may be set out in applicable appropriations acts are indicated at
https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by
reference here. Should a question arise as to whether a particular use of federal funds by a
recipient (or a subrecipient) would or might fall within the scope of an appropriations -law
restriction, the recipient is to contact OJP for guidance, and may not proceed without the express
prior written approval of OJP.
25. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ
Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
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subrecipient, contractor, subcontractor, or other person has, in connection with funds under this
award-- (1) submitted a claim that violates 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.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed
to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
26. Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement 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 other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, the recipient --
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 federal agency making
this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards
("subgrants"), procurement contracts, or both --
a. it represents that--
(1) it has determined that no other entity that the recipient's
application proposes may or will receive award funds (whether through a
subaward ("subgrant"), procurement contract, or subcontract under a
procurement contract) either requires or has required internal
confidentiality agreements or statements from employees or contractors
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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
(2) it has made appropriate inquiry, or otherwise has an adequate
factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor,
or subcontractor entity that receives funds under this award 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 to or by that entity, will provide prompt written
notification to the federal agency making this award, and will resume (or permit
resumption of) such obligations only if expressly authorized to do so by that
agency.
27. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable
provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal funds, an
abuse of authority relating to a federal grant, a substantial and specific danger to public health or
safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language
of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award,
the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
28. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients
("subgrantees") to adopt and enforce policies banning employees from text messaging while
driving any vehicle during the course of performing work funded by this award, and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
29. Requirement to disclose whether recipient is designated "high risk" by a federal grant -
making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to the recipient's
past performance, or other programmatic or financial concerns with the recipient. The recipient's
disclosure must include the following: 1. The federal awarding agency that currently designates
the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of
contact at that federal awarding agency (name, phone number, and email address), and 4. The
reasons for the high -risk status, as set out by the federal awarding agency.
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30. 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 comply with Title VI requirements. The
guidance document can be accessed on the Internet at www.lep.gov.
31. The recipient agrees to submit to NW3C for review and approval any curricula, training
materials, proposed publications, reports, or any other written materials that will be published,
including web -based materials and web site content, through funds from this grant at least thirty (30)
working days prior to the targeted dissemination date. Any written, visual, or audio publications, with
the exception of press releases, whether published at the grantee's or government's expense, shall
contain the following statements: "This project was supported by Grant No. 2020-MU-BX-K001
awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the
Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice
Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention,
the Office for Victims of Crime, and the SMART Office. Points of view or opinions 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." The current edition of the DOJ Grants Financial Guide provides guidance on
allowable printing and publication activities.
32. The recipient agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any information
required for the assessment or evaluation of any activities within this project.
33. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A
detailed justification must be submitted to and approved by NW3C prior to obligation or expenditure of
such funds.
34. Copyright; Data rights
The recipient acknowledges that OJP reserves a royalty -free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in
connection with derivative works), for Federal purposes: (1) any work subject to copyright developed
under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or
subrecipient (at any tier) purchases ownership with Federal support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use
the data first produced under any such award or subaward; and (2) authorize others to receive,
reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined
in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General).
It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure
that the provisions of this condition are included in any subaward (at any tier) under this award.
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if
any) all rights and data necessary to fulfill the recipients obligations to the Government under this
award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the
Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP
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program manager for the award and not proceed with the agreement in question without further
authorization from the OJP program office.
35. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34
U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. The recipient further agrees, as a condition of award approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
36. With respect to this award, federal funds may not be used to pay cash compensation (salary
plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum
annual salary payable to a member of the federal government's Senior Executive Service (SES) at an
agency with a Certified SES Performance Appraisal System for that year. (An award recipient may
compensate an employee at a higher rate, provided the amount in excess of this compensation
limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis
at the discretion of the OJP official indicated in the program announcement under which this award is
made.
37. Protection of human research subjects
The recipient (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.
38. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of
$25,000 or more and, in certain circumstances, to report the names and total compensation of the five
most highly compensated executives of the recipient and first -tier subrecipients (first -tier
"subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006
(FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award
condition: Reporting Subawards and Executive Compensation), and are incorporated by reference
here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than
$25,000, or (2) an award made to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or her
name).
39. The recipient understands and agrees to track and report data on all training and technical
assistance activities and deliverables using the guidance, format, or tool provided by the Program
Office or OJP.
40. The recipient agrees to track and report to BJA on its training and technical assistance
activities and deliverables progress using the guidance and format provided by BJA.
41. Cooperating with OJP Monitoring
The recipient agrees to cooperate with NW3C monitoring of this award pursuant to OJP's guidelines,
protocols, and procedures, and to cooperate with NW3C (including the program manager for this
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award and the Chief Financial Officer (CFO)) requests related to such monitoring, including requests
related to desk reviews and/or site visits. The recipient agrees to provide to NW3C all documentation
necessary for NW3C to complete its monitoring tasks, including documentation related to any
subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set
by NW3C for providing the requested documents. Failure to cooperate with NW3C's monitoring
activities is a breach of this agreement and may result in actions that affect the recipients access to
funds under this agreement.
42. Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS
The recipient 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)
either this OJP award or any other grant, cooperative agreement, or procurement contract from the
federal government. Under certain circumstances, recipients of OJP awards 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
https://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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SCHEDULE C
OJP CERTIFICATION FORM 4061/6
FOR SIGNATURE BY Robert Duncan AS A SUBRECIPIENT
TO THE AGREEMENT BETWEEN NW3C AND U.S. DEPARTMENT OF JUSTICE
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Applicants should also review the instructions for certification included in the
regulations before completing this form. The certifications shall be treated as a material representation of
fact upon which reliance will be placed when the U.S. Department of Justice ("Department") determines to
award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies
and assures (to the extent applicable) the following:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant,
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 the making of any Federal grant, the entering into of any cooperative
agreement, or the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement;
(b) If the Applicant's request for Federal funds is in excess of $100,000, and 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 grant or cooperative agreement, the Applicant shall complete and submit Standard Form
- LLL, "Disclosure of Lobbying Activities" in accordance with its (and any DOJ awarding agency's)
instructions; and
(c) The Applicant shall require that the language of this certification be included in the award
documents for all subgrants and procurement contracts (and their subcontracts) funded with
Federal award funds and shall ensure that any certifications or lobbying disclosures required of
recipients of such subgrants and procurement contracts (or their subcontractors) are made and
filed in accordance with 31 U.S.C. § 1352.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented
at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to
prospective participants in a primary tier "covered transaction," as defined at 2 C.F.R. §
2867.20(a), that neither it nor any of its principals —
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) has within a three-year period preceding this application been convicted of a felony criminal
violation under any Federal law, or been convicted or had a civil judgment rendered against it for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, tribal, or local) transaction or private agreement or
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transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, tax evasion or
receiving stolen property, making false claims, or obstruction of justice, or commission of any
offense indicating a lack of business integrity or business honesty that seriously and directly
affects its (or its principals') present responsibility;
(c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, tribal, or local) with commission of any of the offenses enumerated in paragraph
(b) of this certification; and/or
(d) has within a three-year period preceding this application had one or more public transactions
(Federal, State, tribal, or local) terminated for cause or default.
B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an
explanation to this application. Where the Applicant or any of its principals was convicted, within a
three-year period preceding this application, of a felony criminal violation under any Federal law, the
Applicant also must disclose such felony criminal conviction in writing to the Department (for OJP
Applicants, to OJP at Ojpcompliancereporting@usdoj.gov; for OVC Applicants, to OVW, at
OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov), unless such
disclosure has already been made.
3. FEDERAL TAXES
A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal
tax liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability, or (2) the corporation has provided
written notice of such an unpaid tax liability (or liabilities) to the Department (for OJP Applicants,
to OJP at Ojpcompliancereporting@usdoj.gov; for OVW Applicants, to OVW at
OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov).
B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach
an explanation to this application.
4. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for
grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650:
A. The Applicant certifies and assures that it will, or will continue to, 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 its workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
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(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 award
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 award, the employee will—
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of the employee's conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
(e) Notifying the Department, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title of any such
convicted employee to the Department, as follows:
For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530;
For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected award;
(f) Taking one of the following actions, within 30 calendar 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; and
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS
As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. §
10382(c)(5), if this application is for a COPS award, the Applicant certifies that there has been
appropriate coordination with all agencies that may be affected by its award. Affected agencies
may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or
correctional agencies.
acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a
material fact) in this certification, or in the application that it supports, may be the subject of criminal
prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and
also may subject me and the Applicant to civil penalties and administrative remedies for false claims or
otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the
Department's awards, including certifications provided in connection with such awards, are subject to
review by the Department, including by its Office of the Inspector General.
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As the duly authorized representative of the Subrecipient, I hereby certify that the Subrecipient will
comply with the above certifications.
1. Subrecipient Name and Address: Robert Duncan
Lieutenant
Waterloo Police Department
715 Mulberry
Waterloo, IA 50703
Email: duncanr@waterloopolice.com
Telephone: 319-291-4340
2. Subrecipient IRS/Vendor Number:
BY:
Robert Duncan
Lieutenant
DATE:
OJP FORM 4061/6 https://www.ojp.gov/funding/apply/forms
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SCHEDULE D
TO THE AGREEMENT BETWEEN NW3C AND subrecipient
NW3C TRAVEL AND EXPENSE MANAGEMENT POLICY
ADMINISTRATIVE
POLICY AND PROCEDURES
TITLE:
TRAVEL AND EXPENSE MANAGEMENT
SECTION:
TRAVEL
REVISION DATE:
08/17/2018
REFERENCE #
700
EFFECTIVE DATE:
04/01/04
PAGE
10 of 10
I. POLICY:
In order to accomplish NW3C's mission, it is necessary for NW3C's employees and non -
employees to travel. An employee or non -employee who is traveling on authorized NW3C
business is representing NW3C. NW3C is committed to conducting its travel program in a
professional, efficient, cost effective, and ethical manner. Travelers must be familiar and comply
with all applicable federal, state, and local laws particularly regarding the use of hand-held cell
phone devices, as well as NW3C's prohibition against texting while driving.
NW3C employees, non -employees, or designee, and guests are required to maintain all travel
reservations through Concur Solutions (Concur). In order to be eligible for reimbursement for
travel and business expenses, NW3C employees and non -employees, or their designee, must
submit the appropriate documentation in Concur for reimbursement. Requests for
reimbursement of travel expenses arising from federally -funded travel that is not eligible for
reimbursement under NW3C's Travel and Expense Management Policy and Procedure will be
denied. For Travel that is funded using non -program revenue, NW3C's President, or designee,
in his sole discretion, may approve exceptions to NW3C's Travel and Expense Management
Policy and Procedure on a case -by -case basis. Violations of NW3C's Travel and Expense
Management Policy and Procedure may result in disciplinary action, up to and including
dismissal.
II. PURPOSE:
NW3C's Travel and Expense Management Policy and Procedure establishes the process to
book authorized travel in Concur and to request expense reimbursement for business expenses
when NW3C employees and non -employees Travel.
III. REFERENCES:
This Travel and Expense Management Policy and Procedure is authorized under NW3C's
Policies, Procedures, and Forms Manual.
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IV. DEFINITIONS:
A. Accounting Processor:
These are the Finance staff designated to process, review, approve, and issue payment for
Authorized Travel and business expense reimbursements.
B. Authorized Travel:
This is any travel on NW3C business for which travel has been assigned and approved by the
Traveler's manager or supervisor prior to any travel arrangements being made, cancelled,
changed, or reimbursed and which results in the Traveler incurring travel expenses for
transportation, lodging, meals, mileage or registration.
C. Concur Expense Approver:
This is the manager or supervisor that must review and approve all Concur Expense Reports
submitted by NW3C employees, consultants, the Board of Directors, and guests.
D. Concur Expense Report: This is the report used to request reimbursement for
Authorized Travel or business expenses.
E. Concur Profile:
This is the documentation in Concur, which must be completed by all employees, the Board of
Directors, delegates, consultants, and non -employees or their designee prior to requesting
travel or business expense reimbursement.
F. Concur Solutions System (Concur System):
This is the travel and automated expense management system provider used by NW3C to book
Authorized Travel and provides expense reimbursement for Travel and Business Expenses
G. Consultant Travel Form:
This is the NW3C form that must be completed by the any employee who acts as a coordinator
for Consultants. The Consultant Travel Form must be completed and sent to the Contract
Administrator. The Contract Administrator will conduct an Independent Contractor Review at
least once a year or if the Consultant information changes.
H. Concur Travel Itinerary:
After booking Travel in Concur, the Concur System will provide a Travel Itinerary to the Traveler
and the manager, supervisor, coordinator or delegate.
I. Delegate:
This is a person who books travel and/or submits expense reimbursements on behalf of an
employee or non -employee.
J. Guest Traveler:
These are non -employees traveling on behalf of NW3C, up to two times per year, and who are
required to submit a Guest Travel Profile and Request for Travel Form that will be submitted to
and approved by the manager. This travel will be booked and expenses entered into the Concur
System by the Travel Administrator. At the conclusion of the trip, guests must complete a
Request for Reimbursement Form with all required receipts attached and forward to the Travel
Administrator (or the requesting manager).
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K. Incidental Travel Expenses:
These are the miscellaneous expenses including but not limited to tolls, parking, fees, laundry,
rental car fuel, and tips.
L. Interrupted Travel:
This means Travel interrupted for the convenience of the Traveler. The Traveler will fill out the
Acknowledgment/Waiver of NW3C Liability During Interrupted Travel Form (Interrupted Travel
Form) and provide the Interrupted Travel Form to their manager, supervisor or coordinator prior
to Travel. Once approved, the manager or supervisor will retain the Interrupted Travel Form.
The Traveler will indicate on the Concur Expense Report any expenses incurred during the
Interrupted Travel that will not be reimbursed as Authorized Travel.
M. Point of Origin:
This is the Traveler's departure location from which Travel begins, which is either the Traveler's
workstation or the Traveler's home, whichever is closer to the Traveler's final destination.
N. Portal / Intranet
Central repository for NW3C documentation, which may include Policies and Procedures and
other NW3C materials.
O. Privately -Owned Vehicle:
This is a vehicle that is owned by a Traveler who uses it when traveling on NW3C business up
to fifty (50) miles from the Traveler's Point of Origin or to the Common Carrier transportation
location (ex. Fairmont to Pittsburgh International Airport).
P. Request for Travel Advance:
This is the NW3C form that the Traveler, or their designee, must complete and submit for
Controller approval to request advance payment of funds for use in paying travel expenses
incurred during Authorized Travel.
Q. Traffic Fines:
This includes all fines or tickets related to moving or non-moving traffic violations incurred while
on Authorized Travel or when using a NW3C vehicle, POV or rental. NW3C will not reimburse
employees for costs incurred for Traffic Fines.
R. Travel and Business Expenses:
This refers to those expenses, including travel, meals, lodging, mileage, fees, or taxes, and
other business costs that are incurred by a Traveler during Authorized Travel or when
conducting business for NW3C.
S. Traveler:
This is any NW3C employee or non -employee that has been authorized to travel on behalf of
NW3C.
V. GENERAL RULES APPLICABLE TO ALL NW3C TRAVEL:
A. AUTHORIZATION:
Prior approval is required for all Authorized Travel. NW3C employees are authorized to make
travel arrangements, including, but not limited to, airfare, rental car, and lodging.
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B. CONDUCT:
1. While on travel status, the employee's or non -employee's conduct must be
professional at all times, in accordance with NW3C's policies and procedures,
and in compliance with applicable federal, state, and local laws and
regulations.
2. Any action, behavior, or conduct which reflects negatively on NW3C is
prohibited and may result in disciplinary action, including, but not limited to,
disallowance of Travel Expenses, partial payment of Travel Expenses, delay in
payment, suspension, or dismissal. Any circumstance which occurs during
Authorized Travel that would negatively reflect on NW3C must be reported by
the next business day to the Traveler's supervisor, manager, or coordinator.
C. TRAVEL BY COMMON CARRIER:
1. Employees making Authorized Travel arrangements must examine the rates
and schedules of all possible common carriers. The Employee will obtain the
most economical fare with the most direct routing, after considering all time
constraints and ancillary charges. Approval of the manager or supervisor may
be required.
2. NW3C will not reimburse the Traveler for business class travel, except for train
travel or where business class is equal to or cheaper than economy class. All
Travelers, even those on international flights, will fly in economy class or the
least expensive class otherwise available. Any deviations must be approved by
the President, or designee.
3. Travelers may retain all benefits from any frequent flyer or other club or frequent
traveler memberships. It is the responsibility of the Traveler to register, maintain,
and pay all dues or fees for club membership and to keep the membership
information updated in Concur.
4. Travelers will be reimbursed only for one standard bag fee for air travel per
destination, unless prior approval is received from the manager, supervisor, or
coordinator.
D. GROUND TRANSPORTATION:
1. Travelers must determine what type of ground transportation is available and
may select the most expedient and reasonable means of ground
transportation.
2. If there are two or more Travelers traveling to the same destination together,
Travelers must share ground transportation, unless prior approval is received
from the manager, supervisor, or coordinator. When multiple Travelers share
ground transportation, only one Traveler may claim reimbursement for this
Travel Expense.
3. Ride -sharing companies or transportation network companies, such as Uber,
Lyft, or other mobile ride -hailing applications may be used by the Traveler and
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reimbursed for rideshares if the ride -sharing company's or the transportation
network company's rates are an efficient and cost-effective alternative to taxis
and rental cars. Travelers must obtain receipts for travel by ride -sharing
company and submit electronic copies of the receipts in Concur for
reimbursement. Tips for ride -sharing companies should not exceed twenty
percent (20%) of the fare.
4. NW3C will reimburse Travelers for compact, mid -size, or intermediate
automobiles, unless three or more Travelers are traveling together, in which
case a full-size car or comparable vehicle may be utilized. Any deviation from
this Policy and Procedure must be noted in the Concur System.
5. When submitting the Concur Expense Report, the Traveler must include a
justification for using an alternate vehicle and the approval from their manager,
supervisor or coordinator. Travelers will be reimbursed only for the cost of the
class of vehicle approved.
6. Travelers are not permitted to request reimbursement for luxury upgrades or
certain optional services or equipment, including, but not limited to, optional
insurance, prepaid fuel, navigational systems, or any other unapproved extra -
cost options.
7. Telecommuter and non -employee Travelers will be reimbursed for mileage
while driving a Privately Owned Vehicle (POV) from a reasonable point of
origin to the common carrier location. Other NW3C employees will be
reimbursed for mileage to the common carrier location only to the extent that
the distance exceeds the distance of their regular daily commute to and from
their home to their official workstation. All mileage reimbursements will be at
the maximum Internal Revenue Service established rate.
8. NW3C's insurance policy covers Travelers on Authorized Travel. Therefore,
when renting an automobile, the Traveler must decline the optional insurance
coverage. Travelers on Authorized Travel, who use a rental automobile, are
required to print and carry a copy of NW3C's Certificate of Liability Insurance.
Coordinators must ensure that all Consultant or Guest Travelers receive the
Certificate of Liability Insurance. All accidents must be reported in accordance
with NW3C's Safety Policy and Procedure. In the event of an accident or injury
while traveling, the Traveler or coordinator must notify the automobile rental
company, follow the company's accident procedure, and notify NW3C's Safety
Officer/Contract Administrator, the Human Resources Director, and the
Traveler's supervisor, manager, or coordinator immediately.
E. PRIVATELY -OWNED VEHICLES:
1. NW3C Travelers must use rental cars when driving on Authorized Travel.
When a Traveler uses a Privately -Owned Vehicle for Authorized Travel, NW3C
will reimburse the Traveler at the maximum Internal Revenue Service
established rate only if (i) there are no NW3C-owned vehicles available, (ii) a
rental car is not available or is more expensive, or (iii) the distance of the trip is
less than fifty (50) miles from the Traveler's Point of Origin or will be used to
travel to a Common Carrier location.
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2. Use of a Privately -Owned Vehicle may be approved only if the vehicle is
properly licensed, registered, insured, and state inspected (if required by state
law), and if the Traveler has a valid driver's license.
3. The Traveler assumes sole responsibility for all traffic fines and for compliance
with NW3C's Safety Policy and Procedure. Traffic violations conviction for
reckless driving or the suspension or revocation of the Traveler's driver's
license must be reported in writing to NW3C's President, or designee, and the
Safety Officer/Contract Administrator at least by the first business day
following the violation.
4. Employees are prohibited from transferring NW3C's mobile labs in Privately -
Owned Vehicles. Mobile labs may be transported only in NW3C vehicles and
rental cars. Prior approval from the Traveler's manager, supervisor, or
coordinator is required to transport any other NW3C owned property or
equipment in a Privately -Owned Vehicle.
F. LODGING:
1. Lodging expenses incurred by Travelers on Authorized Travel will be
reimbursed only to the extent of the prevailing General Services Administration
(GSA) Per Diem Rate plus taxes and fees. Any requests for lodging that
deviate from the GSA Per Diem Rate must be noted in the Concur System
when booking Travel and approved by the manager or supervisor prior to
booking.
2. All hotel reservations must be guaranteed by, and charged to, the Traveler's
personal credit card or a debit card, unless NW3C has established a direct bill
account with the hotel.
3. If cancellation of a reservation is necessary, the Traveler is responsible for
canceling hotel reservations in the manner prescribed in the hotel's
cancellation policy. Generally, NW3C will not reimburse the Traveler or the
hotel for "no show" fees or early departure fees. Requests for any exceptions
to this requirement must be submitted by the Traveler in Concur.
4. The Traveler must submit a lodging receipt with their reimbursement in
Concur.
5. Unapproved Incidental and miscellaneous charges incurred at a hotel are the
responsibility of the Traveler.
G. MEALS:
1. Travelers will be reimbursed for meals based on the daily Meals and Incidental
Expense (M&IE) Rate published by the General Services Administration (GSA)
for the location at which the Traveler will be lodging each travel day. In cases
where the Traveler's destination city and county are not listed on the GSA web
site, the standard rate will be used. Meal rates for Travel to non-contiguous
states and U.S. territories will be reimbursed at the rate specified in the
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Defense Travel Management Office (DoD) Per Diem Rates. Meal Travel
Expenses for foreign Travel may be reimbursed according to the State
Department Foreign Per Diem Travel Rates in effect at the time of Travel.
2. If a meal is furnished at any event or at the Traveler's hotel, there will be no
reimbursement for those meals. A continental breakfast supplied by the hotel
is not considered a meal under the terms of this Policy and Procedure. Any
exceptions must be noted in Concur.
3. For any Authorized Travel that requires an overnight stay, the Traveler will be
reimbursed at a rate of seventy-five percent (75%) of the established GSA
M&IE rate on the first and last day of Authorized Travel using the M&IE rate for
the respective lodging location.
4. For single day travel that is more than fifty (50) miles from the Traveler's Point
of Origin, the seventy-five percent rule applies. For travel of less than fifty
(50) miles that does not require an overnight stay, no meal reimbursement
applies.
H. SUPPORT:
1. All account administration and management for user access will be routed to
the NW3C Help Desk: Internal: ext. 4357; External: 304-367-8787; and Email:
HelpDesk(a�nw3c.orq. Please refer to the Help Desk Policies and Procedures
at http://portal.nw3c.org/docs/default- source/default-document-library/nw3c-
help-desk-policy-and-procedures. pdf.
2. Assistance pertaining to travel and expenses, including but not limited to,
creating expense reports, Concur website access, per diem rates, etc. should
be routed to the NW3C HelpDesk. If additional assistance is required, the
NW3C HelpDesk will coordinate and escalate the ticket to the best suited,
available support person. For immediate assistance with travel and expense
user questions and issues, support is available through the Concur Support
Hotline: 1-866-793-4040, 24x7 online chat from the Concur website, Concur
frequently asked questions from the Concur website, and the Gant Travel
Support Number: 877-924-0303.
VI. GENERAL RULES RELATING TO MISCELLANEOUS TRAVEL EXPENSES:
A. Travelers are responsible for properly completing and submitting the Concur
Expense Report when requesting reimbursement for Travel and Business
Expenses.
B. NW3C employees and non -employees must report actual costs for all expenses
other than meals incurred while on Authorized Travel.
C. Copies of the following receipts must be attached to the Concur Expense Report:
hotel receipts, which include documented business calls and charges for other
business expenses (such as fax, telephone, Internet access, or photocopy fees);
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1. all parking, which may include, but not be limited to, hotels, events, airports,
long- term/extended stay parking and toll receipts over five dollars ($5.00) per
day;
2. taxicab receipts; and
3. receipts for expenses incurred during Authorized Travel, including, but not
limited to, travel by air, bus, train, rental car, NW3C-owned automobile or
Privately -Owned Vehicle.
D. Any personal expenses, or purely optional expenses, are non -reimbursable.
Examples of non- reimbursable expenses include, but are not limited to, the
following: alcoholic beverages; club dues for airlines or rental car companies,
unless President/CEO approved as business necessity; in -air items such as
headset rentals, internet, Wi-Fi access, movies or other entertainment; in- room
hotel movies or other entertainment items; fines for traffic violations; optional
insurances selected by the Traveler; or personal items needed while traveling.
VII. RESPONSIBILITIES OF THE MANAGER, SUPERVISOR, OR COORDINATOR:
A. Travel for NW3C employees must be authorized and assigned by the employee's
manager or supervisor. The manager and supervisor will be the Approver for the
Concur Expense Report.
B. The coordinator for Consultants will fill out the Consultant Travel Information Form
and will book Authorized Travel in Concur for the Consultant. The Consultant
Travel Information Form must include the non -employee's name, address, email
address, occupation, employment status, and purpose for the non -employee
Authorized Travel, the dates of the event, and the funding source. A copy of this
Consultant Travel Information Form must be sent to the Contract Administrator to
conduct an Independent Contractor Review at least once a year. If any changes
occur to the Consultant's or Guest's information previously provided, such as,
changing employers, moving to a different state or changing employment status to
retired or part-time, the coordinator will submit a new Consultant Travel Form to
the Contract Administrator, prior to booking Authorized Travel.
C. Guests traveling on behalf of NW3C up to two (2) times per year must complete a
Guest Travel Profile and Request for Travel Form that will be approved and
submitted by the requesting manager. This Authorized Travel will be booked and
expenses entered into Concur by the Travel Administrator. At the conclusion of the
trip, Guests must complete a Request for Reimbursement Form and must attach
all required receipts and forward to the Travel Administrator or requesting
manager.
D. Authorized Travel for Guests and Consultants must be authorized and assigned by
the coordinator of the training or event and will be approved by the manager or
supervisor.
E. The manager, supervisor, or coordinator is responsible for ensuring that NW3C
Travelers are aware of, understand, and comply with all applicable NW3C policies
and procedures.
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F. The manager, supervisor, or coordinator is responsible for reviewing and
approving the Concur Expense Report and that all necessary documentation
required is included.
VIII. RESPONSIBILITIES OF THE CONTRACT ADMINISTRATOR/ SAFETY OFFICER:
A. The Contract Administrator is responsible for conducting an independent
contractor review, updating the status of Consultants, as necessary, and receiving
and maintaining The Consultant Travel Form.
B. The Contract Administrator will receive information on all moving and non-moving
traffic violations and reported accidents in accordance with NW3C's Safety Policy
and Procedure. The Contract Administrator will notify the appropriate manager,
the President, or designee, and the Insurance Company on all accidents and
traffic violations.
IX. RESPONSIBILITIES OF THE ACCOUNTING PROCESSOR:
A. After an expense report in Concur has been approved, the expense report will be
marked as "Approved & In Accounting Review," and ready for processing. Only
NW3C Finance staff identified as the Accounting Processors in Concur may
process Concur Expense Reports.
B. The Accounting Processor will take one of the following actions on the Concur
Expense Report:
1. Mark the Expense Report as "Approved" for payment;
2. Return the Expense Report to the Traveler for any necessary edits or
corrections; or
3. Return the Expense Report to the initial Approver for further review.
C. The Accounting Processor is responsible for ensuring any Concur Expense
Report is accurate, in compliance with the Travel and Expense Management
Policy and Procedure, and complete based on the information provided.
X. RESPONSIBILITIES OF THE TRAVELER:
A. Traveler must complete and maintain Concur Profile including all hotel, airline and
rental car reward programs. It is the responsibility of the Traveler to pay all fees
associated with club memberships. Charges for club memberships are not eligible
for reimbursement. NW3C is not responsible or liable for any misuse, problems, or
mistakes relating to club memberships and travel reservations. Travelers may
retain all benefits of their club memberships. NW3C will not reimburse Travelers
for any estimated value of Reward Program points when used for NW3C
Authorized Travel.
B. Travelers are authorized to book any airline tickets, hotels and/or rental cars for
authorized NW3C Authorized Travel based on the established policy and
guidelines. The Traveler should purchase airline tickets in the Concur System
thirty (30) days, but not less than ten (10) days, before departure date to obtain
-36-
Page 90 of 325
the most cost effective means of Travel. Management approval is required for
Authorized Travel booked more than thirty (30) days in advance.
C. Travelers must complete all required sections in Concur relating to the Authorized
Travel. Concur has specific limitations, exclusions, and parameters built into the
Concur System to ensure adherence to the Travel and Expense Management
Policy and Procedure. As long as the Traveler books travel that does not generate
a policy violation and is within allowable variances, the Authorized Travel may be
booked, subject to the cancellation policy of the specific vendor. If the Travel item
being booked violates a policy or is outside an allowable variance, the Approver
will receive an alert and the Travel item will require an exception based approval
from the manager or supervisor.
D. Travelers must notify their manager, supervisor or coordinator of any cancellations
or changes to a reservation. Any changes resulting in additional charges or fees
must have management approval and receipts are required for reimbursement.
Failure to follow this procedure may result in disallowance of reimbursement of
these fees and/or surcharges.
E. Travelers must make every effort to use original NW3C airline tickets issued for
business travel.
F. Travelers must submit all required receipts to be eligible for expense
reimbursement.
G. Travelers must carry their NW3C identification with them at all times when
traveling. NW3C identification may be required by hotels to receive the
established government rate.
XI. RESPONSIBILITIES OF THE TRAVEL ADMINISTRATOR:
A. Based on guidelines established by the President, or designee, the Travel
Administrator will act as the point of contact for system modifications, updates,
corporate travel policies, and required fields in Concur.
B. The Travel Administrator will process requests for Guest Travel to include booking
and reimbursements.
C. The Travel Administrator will receive and distribute unused ticket reports as
applicable.
D. In an emergency situation, any changes to the Travel Itinerary that does not incur
an additional cost to NW3C may be booked by the Traveler. The Traveler must
contact the Travel Administrator, their manager or supervisor for approval prior to
incurring any additional cost. Any additional costs must be noted and an
explanation provided in the Concur Expense Report with the required
documentation.
XII. INDIRECT ROUTE/INTERRUPTED TRAVEL:
When a Traveler requests Interrupted Travel while on Authorized Travel, reimbursement is
limited to the amount that would have been paid for the direct or regularly traveled route.
-37-
Page 91 of 325
Travelers must sign a waiver when Authorized Travel will be interrupted using the
Acknowledgement Waiver of NW3C Liability During Interrupted Travel. The Interrupted Travel
Form must be signed by employees, Consultants, and Guests. Employees must use leave
without pay or vacation for those business days during the Interrupted Travel period. Expenses
incurred for or during Interrupted Travel days are not reimbursable.
XIII. EMPLOYEE TRAVEL ADVANCES:
When requesting money in advance of Authorized Travel to pay for Authorized Travel, a NW3C
employee must submit a NW3C Request for Travel Advance Form at least two (2) weeks prior
to travel to allow for processing of the request. An employee must receive approval by the
Controller prior to travel. The Travel Advance will be deducted from the Concur Expense Report
when it is processed.
XIV. TRAVEL TO ALASKA, HAWAII, AND PUERTO RICO:
Authorized Travel to non-contiguous states and U.S. territories must be approved by the
President, or designee, prior to booking Authorized Travel in Concur. If approved, lodging and
meal expense reimbursement rates will be determined using the Defense Travel Management
Office (DoD) Per Diem Rates.
XV. FOREIGN TRAVEL:
A. For the purposes of NW3C's Travel Policy and Procedure, foreign travel is defined
as Authorized Travel outside the United States and U.S. territories.
B. Because foreign travel using federal funds must be pre -approved in advance by
grant -funding agencies, the Traveler must submit a memorandum requesting
approval for foreign travel to the President at least sixty (60) business days in
advance of the requested foreign travel. The memorandum should describe in
detail the purpose, funding source, costs that may be incurred that are specific to
the traveler's destination, destination(s), dates, and any other relevant information
about the foreign travel.
Lodging and meal Travel Expenses for foreign travel may be reimbursed according to the State
Department Foreign Per Diem Rates in effect at the time of Authorized Travel.
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Page 92 of 325
CITY OF WATERLOO
Council Communication
Cancellation of assessment for 232 Ricker Street in the amount of $306.27, and 137 Hope Avenue in the
amount of $316.87, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation.
City Council Meeting: 1/17/2023
Prepared: 1/9/2023
SUBJECT:
Cancellation of assessment for 232 Ricker Street in the amount of $306.27,
and 137 Hope Avenue in the amount of $316.87, and authorize City Clerk to
notify Black Hawk County Treasurer of said cancellation.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Summary Statement:
232 Ricker Street:
$55.19 Sewer
$112.29 Storm Water
$138.79 Garbage
137 Hope Avenue:
$48.24 Water
$84.67 Sewer
$20.19 Storm Water
$163.88 Garbage
Page 93 of 325
CITY OF WATERLOO
Council Communication
Recommendation of appointment of Andrew Widdel from the Civil Service List to the position of Garage
Mechanic, at the Public Works Central Garage Department, effective January 23, 2023, pending pre-
employment physical and drug testing.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
❑ Personnel Request Form and questions Backup Material
SUBJECT:
Recommendation of appointment of Andrew Widdel from the Civil Service
List to the position of Garage Mechanic, at the Public Works Central Garage
Department, effective January 23, 2023, pending pre -employment physical
and drug testing.
Submitted by: Submitted By: Randy Bennett, Public Works Division Manager
Recommended Action: Approve Recommendation
Summary Statement:
With this appointment, Central Garage (Fleet Maintenance) will be filling a
vacancy.
Expenditure Required/Source of $31.02 - hourly rate $47.81 with benefits
Funds: General Fund - 010-18-7950-1111
Page 94 of 325
PERSONNEL REQUISITION FORM
Check as applicable: To stall recruiting or civil service process and/or ® To fill a vacancy
❑ Active Civil Service List Expires:
A proposed job description and questionnaire must accompany this form at time of submission to
Human Resources.
l`I
*A*****************ie.Ir********leirA*********i*Wh**+k*****************ir***,k****iir,k+k9ehir************+4r ***
Position Title: Garage Mechanic (Fire) . Department: Central Garage
Reports To: Fleet Maintenance Supervisor Work Location: Public Works
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: Recommended Recruitment Sources:
Civil Service Position: ® Yes [] No ❑ Internal Posting Only
Bargaining Position: ® Yes ❑ No / f Internal Posting and External Advertising
Bargaining Group: 177
Non -bargaining Position: f Yes ►1 .No
Complete the following if the requisition is to fill a vacancy:
❑ New Position or ® Replacement Position for: Darrel flariema (Garage Mechanic)
(Specifyate
... hofformer incumbent)
Date incumbent terminated employment: 10-26-22 Date of final payout: 11-07-22
Anticipated start date: ASAP No. of hours/week: 4400 Work schedule: 0700-1500 - Mon -Fri
Justification of need for position: This position is to replace a retired employee.
►1
What are the likely consequences if the position is not filled? Critical pr,.iition in the maintenance of equipment.
APPROVALS
Annual salary requirements: $64,521,60 Hourly Rate: $31.02 Benefits: $47.8 1
(Payroll taxes, pension, health ins.- assuming family}
Is position budgeted for this and future FYs? Yes ❑ No If no, how will position be funded?
Approved subject to the following conditions:
Chi fFinan'lf 1 Officer
Human Resources Committee Chairperson Date
moan Resources Director
Date
11/a /QFQL
Date
Created 8/7/2014
Page 95 of 325
PERSONNEL REQUISITION
{Garage Mechanic}
The following questions are provided as guidelines to assist you in developing your
rational for the position of {Mechanic} in the [Central Garage/Public Works}
Department. Depending upon your situation, some questions may or may not apply.
Please provide written responses to these questions as part of your preparation for
meeting with the Mayor.
(1) What are the key job responsibilities of this position? Vehicle/Heavy Duty
Mechanic supporting heavy duty equipment (Sanitation, Sewer, Street,
Leisure Services, Traffic) along with Police and Fire Departments.
(2) Can the job responsibilities of this position be assigned to other employees
within the department? If no, why not? The department has similar
classifications; however our current ratio of equipment to mechanic is 61
to 1.
(3) How is the work of this position being accomplished now? The current
work load is more than what the staff is able to keep up with at this time.
(4) Are the filled positions in your department currently being utilized to their
maximum potential? Yes
(5) How would filling this position meet the needs of your department or the City
on either a short-term basis (if temporary position) or a long-term basis (if a
regular position)? This position primarily supports the Sanitation, Street,
Sewer, Leisure Services and Traffic Departments, providing equipment
and vehicle maintenance to the fleet.
(6) What cost savings or revenues, if any, would your department or the City
realize if this position is filled? This position, while not revenue
generating, is critical in providing safe equipment to the departments
mentioned above. Also providing public safety to the citizens of
Waterloo.
(7) If you are paying overtime or comp time within your department to
accomplish this work now, how much overtime or comp time has been paid
out or earned that is directly attributable to this position and over what period
of time? The department pays overtime only as necessary. The
departmental maintenance backlog and routine service would be reduced
by replacing this position.
(8) How has the work load or demands of your department changed in
comparison to your staffing levels over the past three fiscal years? Provide
Page 96 of 325
(9)
statistics if possible. The workload of this position fluctuates depending
on seasonal objectives of the department(s).
If this position is not filled, what affect will it have on your department?
What work will .not get done? What costs will you incur? Please be as
specific as possible. Should these positions go unfilled, we will have not
have the personnel resources to complete the demands and service
expectations that the citizens have come to expect. This position is
responsible to perform all preventive and emergency maintenance on
heavy duty equipment including filling in for the Fire mechanic. If not
filled, maintenance would need to be outsourced, costing the city nearly
double in shop rate labor. Failure to fill this position and outsourcing
maintenance will also compromise security and availability for
equipment when needed in time of natural disasters such as floods,
storm damage, trash pickup and snow removal.
(10) How do you cover the responsibilities for this position whenever the
incumbent is out on vacation? As any position, some jobs can't be
completed with the timeliness expected of both the department and the
customer.
(11) Is it possible that the City could outsource this position to an outside
agency? If so, what savings, if any, would the City realize as a result of this
change? It is possible; however, the City would incur additional expense
in labor rates. Considering the equipment this position supports, the
need for background checks and security of sensitive components
within the vehicles and equipment is equally important.
(12) Flow would you rank this position in terms of its contribution to City
business in comparison with other positions reporting to you? Public
Safety has been determined to be the most critical operation in the City.
As such, availability of serviceable equipment for these departments to
operate is equally critical. The contribution of this position is critical to
the overall objectives of the departments.
(13) How does this position impact the Goals and Objectives for the City adopted
by the City Council? This position directly impacts the department's
ability to develop a customer -centered service delivery approach.
Note: Forward completed questionnaire to Human Resources
Department with original copy of Personnel Requisition form.
Page 97 of 325
Submit resume by going to www.citvofwaterlooiowa.com clicking on Job Opportunities, reviewing the Garage
Mechanic description and following directions to submit cover letter and resume. We will not accept 'nailed,
faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, xxx xx,
2022.
CIVIL SERVICE NOTICE
CITY OF WATERLOO, IOWA
OPEN EXAMINATION
GARAGE MECHANIC
DEPARTMENT
SALARY
FLSA
CIVIL SERVICE
BARGAINING UNIT
CENTRAL GARAGE
$30.02 per hour with $1.00 increase after 6 month probation
NON-EXEMPT
INCLUDED
MUNICIPAL EMPLOYEES LOCAL #177
GENERAL STATEMENT OF DUTIES
Skilled, highly technical position, responsible for repair and maintenance of over 600 on and off highway gas, diesel
and electric powered equipment operated by the City. The work is performed under the general direction of the Fleet
Maintenance Director, but considerable leeway is granted for independent judgment.
EXAMPLES OF ESSENTIAL FUNCTIONS
(Illustrative Only)
These functions are considered essential for successful
performance in this job classification.
1. Performs routine preventive maintenance on a
variety of gasoline, diesel, and electrical
powered equipment.
2. Repairs gasoline, diesel, and electrical
engines, transmissions and drive trains.
3. Troubleshoots, diagnoses and repairs
automotive electrical failures.
4. Performs tire replacement/repair, fuel
systems diagnosis/repair, brake repair,
suspension system repair, cooling system
repairs, clutch/transmission
replacement/repair, driveline repair and
hydraulic systems diagnosis/repair.
5. Operate hand held, onboard or web based
diagnostic tools to aid in repairs.
6. Repairs hydraulic pumps and
lines. Fabricates/manufacture hydraulic
lines to proper pressure ratings and performs
pressure testing of lines.
7. Performs major overhaul on gasoline and
diesel engines.
8. Performs layout and fabrication of metal
assemblies and weldments. Performs
welding/cutting as needed
9. Performs design and creation of jigs to aid in
the fabrication of parts.
10. Performs mechanical duties either in shop or
on service call, responding to calls for service
at remote job sites. Works outside in all
weather conditions.
11. Replaces or repairs major components of fire
apparatus high volume centrifugal water
pumps.
12. Maintains accurate records of all parts and/or
component replacements. Documents all
maintenance performed on equipment being
maintained/repaired.
Page 98 of 325
13. May assist with writing specifications for the
purchase of new equipment, including fire
and medical apparatus.
14. Lifts, moves, carries, pushes and pulls objects
weighing up to one hundred pounds with
assistance, as needed.
15. Works near and around mechanical,
hydraulic and electrical hazards; atmosphere
may contain dust; environment may be
hot/cold, noisy, low visibility, slippery
surfaces, dirty/oily/greasy; there may be
unfavorable natural ventilation and mobility
may be limited.
16. Works independently and with others with
minimum supervision.
17. Attends work regularly at the designated time
and place.
18. Performs all work duties and activities in
accordance with City policies, procedures
and OSHA, including City and departmental
safety rules and regulations.
19. Ability to use a computer and tablets to record
daily work logs and records
20. Performs all other related duties as assigned.
REQUIRED KNOWLEDGE & ABILITIES
1. Working knowledge of engines, drive trains,
chassis, cooling, electrical and hydraulic
systems.
2. Knowledge of properties and characteristics
of metals used for cutting, welding and
forming objects.
3. Ability to cut and join metal parts for
fabrication and repair of vehicles and
equipment.
4. Basic knowledge of blueprint reading.
5. Knowledge of occupational hazards and the
safety precautions necessary in the
maintenance and repair of vehicles.
6. Ability to assess vehicle and equipment
problems and make independent decisions on
repair or maintenance needs.
7. Ability to complete daily work sheets and keep
thorough logs and maintenance records.
8. Ability to complete assigned work projects
without direct supervision.
9. Ability to interact with coworkers and
supervisors and maintain effective working
relationships.
10. Ability to communicate effectively and
understand written and oral instructions.
11. Ability to work with people from a broad
variety of social, economic, racial, ethnic and
educational backgrounds.
ACCEPTABLE EXPERIENCE & TRAINING
1. Associate's Degree in car or truck mechanics
with minimum two years' experience in major
repair of vehicles
or
Technical school graduate with a diploma in
automotive mechanics and minimum three
years' experience as defined
or
High school graduate/GED with minimum
four years' experience as defined.
2. Work experience must be verifiable with a
dealership, private repair facility, truck
stop/service center, construction company,
governmental agency/school system or other
legitimate business.
3. Required to possess or obtain an Iowa Class A
Commercial Drivers' License (CDL) with air
brake and tanker endorsements within 6
months of employment. Good driving record
based on City of Waterloo driver performance
criteria. A candidate with any of the following
will not be considered for employment: loss of
license for any reason during the period of
candidacy for employment, if the candidate
remains without a valid, current license for
the position when the City issues an offer of
employment; loss of license, plea of guilty,
plea of no contest or its equivalent or
Page 99 of 325
conviction for OWI, reckless driving or other
major moving violation within the previous
five years; four or more citations for moving
violations within the previous three-year
period, excluding speeding violations of 10
mph or less over the posted speed limit; three
or more citations for moving violations
within the previous one-year period. After
appointment to the position, disciplinary
action or continuing employment status may
be reviewed for the following: four or more
moving violations within the previous three
years, three or more moving violations within
the previous one year or loss of license or
conviction for OWI, reckless driving or other
major moving violation within the previous
five years; two or more at -fault accidents
within a three-year periodwhile driving on
City business; three or more at -fault within a
three-year period.
4. An applicant's driving record will be reviewed
prior to consideration for an interview, prior to
offer of employment and at least annually after
hire.
ESSENTIAL PHYSICAL ABILITIES
The following physical abilities are required with or
without accommodation.
1. Sufficient strength to perform assigned tasks
including but not limited to lifting and carrying
up to one hundred pounds with assistance as
needed.
2. Sufficient speech and hearing that permits the
employee to communicate effectively with
coworkers and supervisors.
3. Sufficient personal mobility that permits .the
employee to operate vehicles in all types of
weather, move from one City facility or work
site to another and work in cramped spaces or
difficult to reach areas.
4. Sufficient manual dexterity and hand/eye
coordination for safe operation of manual and
powered equipment; ability to grasp/grip a
wide range of tools.
5. Sufficient depth perception, peripheral vision
and color vision to work around machinery,
operate equipment and identify indicator
lights.
6. Adequate hearing to diagnose vehicle
problems and to communicate with coworkers.
MISCELLANEOUS
1. Must wear personal protective equipment
whenever and wherever necessary such as
safety shoes, safety glasses, hardhat, welding
shield, hearing protection and gloves.
2. Must wear standard uniform as
supplied by City.
3. Must submit to Department of
Transportation requirements including pre-
employment, post -accident, reasonable
suspicion, random and return-to-
duty/follow-up alcohol and drug testing.
4. Following a conditional offer of
employment, the City of Waterloo requires a
physical and drug test by a physician of the
City's choice to determine if an
applicant is capable of performing the
essential functions of the position. Failure
to pass the physical exam and drug test
will result in withdrawal of the
employment offer.
5. The City of Waterloo will conduct a
background investigation including
education, employment and criminal history
checks on any applicant being
considered for this position.
6. Must comply with City of Waterloo Residency
Policy for Critical Employees (live within 30-
mile radius of Waterloo City Hall). Will be
given reasonable compliance period as
determined by supervisor.
7. Must submit to and pass Civil Service
examination procedures including a panel
interview.
WORK SCHEDULE
Will be assigned to a shift that is one of the following:
7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. Monday -
Friday. Required to report for work as needed any time
during emergencies that are usually caused by extreme
Page 100 of 325
weather conditions.
ORAL EXAMINATION
All qualified candidates who apply by the deadline
date will be required to appear before an interview
panel consisting of a minimum of three people who
have expertise in the areas being tested. An individual
must receive a minimum average score of sixty points
out of one hundred to achieve a passing score on the
interview. The top applicants, as ranked by their
scores on the interview, will be the individuals placed
on the certified list. Applicants who qualify as
outlined and are full time regular employees of the
City of Waterloo shall have one additional point per
full year of employment up to a
maximum of five points added to their final score.
Honorably discharged men and women from the
military or naval forces of the United States who
qualify per provisions of Chapter 35 of the Code of
Iowa and who are citizens and residents of the United
States shall have five additional points added to their
final score upon submission of their DD2 14 or ten
points added if they were awarded a Purple Heart or
have a service connected disability. Employment is
contingent on possession of a good driving record
based on City of Waterloo driver performance criteria
and passing a post job offer physical and drug test.
ORAL EXAMINATION DATE
All qualified candidates who apply by the deadline
datz will be notified of the time, place and date of the
oral examination.
A.A./E.E.O.
Minority, female & disabled individuals are
encouraged to apply.
GARAGE MECHANIC DESCRIPTION September 2022
Page 101 of 325
CITY OF WATERLOO
Council Communication
Motion to approve Tobacco License for Mersim's Grocery, located at 3025 Kimball Avenue.
City Council Meeting: 1/17/2023
Prepared: 1/10/2023
SUBJECT:
Motion to approve Tobacco License for Mersim's Grocery, located at 3025
Kimball Avenue.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Page 102 of 325
CITY OF WATERLOO
Council Communication
Nomination of the Friedl Bakery Building, located at 302 Commercial Street, to the National Register of
Historic Places.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description
D Staff Report
❑ Map
D Historic Review Packet
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Backup Material
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 and
recommendation of approval of the Planning, Programming and Zoning
Commission.
Resolution 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 authorizing the Mayor and City Clerk to
execute said documents.
Submitted By: Noel Anderson, Community 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 Planning, Programming, and Zoning Commission will review the request
at their upcoming meeting on January 10, 2022. Their recommendation will
be reported at the Council 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
Page 103 of 325
Neighborhood Impact:
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.
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
Expenditure Required/Source of None
Funds:
Alternative: The Friedl Bakery Building would not receive the historic nomination.
Page 104 of 325
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 105 of 325
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 107 of 325
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 108 of 325
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 109 of 325
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
Page 110 of 325
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.
Section 7 page 5
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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
Page 115 of 325
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.
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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 119 of 325
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 120 of 325
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 121 of 325
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
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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 122 of 325
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 'Mill! Touricr.
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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 123 of 325
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
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cFntFR FO 1.FF1 WO(
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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 124 of 325
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,
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 125 of 325
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 126 of 325
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
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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
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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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
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.
Section 8 page 23
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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
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.
Section 8 page 24
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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
Page 132 of 325
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 134 of 325
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-
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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
Page 135 of 325
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 136 of 325
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 137 of 325
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 138 of 325
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 139 of 325
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 140 of 325
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 141 of 325
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 142 of 325
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 143 of 325
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 144 of 325
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 145 of 325
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 146 of 325
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
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MIN MDR PLAN
First Floor Plan and Photo Location Map (Levi Architecture, 2021)
GORPOUNN
Section 8 page 41 Page 147 of 325
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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Section 8 page 42 Page 148 of 325
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
Thep IH� UTAN
Third Floor Plan and Photo Location Map (Levi Architecture, 2021)
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July 27. 2021
Section 8 page 43 Page 149 of 325
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 150 of 325
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CITY OF WATERLOO
Council Communication
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.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
❑ Council P acket Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close the hearing and receive and file oral and written comments
and recommendation of approval of the Planning, Programming and Zoning
Commission.
Motion to receive, file, consider, and pass for the first time an ordinance
amending Ordinance No. 5079, as amended, City of Waterloo Zoning
Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a 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.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the
ordinance.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted herewith is a 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.
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
Page 167 of 325
Neighborhood Impact:
Data/Analysis and Strategies:
Community
Methods:
Expenditure
Funds:
Engagement
Required/Source
Legal Descriptions:
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
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 168 of 325
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?k9 of 325
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?670 of 325
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
Pag?771 of 325
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?872 of 325
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
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Adjacent to 3810 University Avenue
Rezone from "R-i" to "C-2"
Mann Road Storage, LLC
Pagn73 of 325
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
Former K-Mart
3810 University Avenue
Adjacent to 3810 University
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Rezone from "R-1" to "C-2"
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Mann Road Storage, LLC
Page 174 of 325
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
PagP175 of 325
CITY OF WATERLOO
Council Communication
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 Boulevard.
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description
❑ Council P acket
❑ Legal Description
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 public hearing and receive and file oral and written
comments and recommendation of approval of the Planning, Programming
and Zoning Commission.
Motion to receive, file, consider and pass for the first time an Ordinance
amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning
Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a Site Plan Amendment 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.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt
ordinance.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted herewith is 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
Page 176 of 325
Neighborhood Impact:
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
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
Page 177 of 325
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 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 178 of 325
December 13, 2022
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
SURROUNDING
LAND USES AND
IMPACT ON
NEIGHBORHOOD:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
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
RELATIONSHIP TO The Fisher Drive trail is located to the southwest with plans for
RECREATIONAL an extension to Kimball Avenue in the planning stages.
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS/
SCREENING/
LANDSCAPING
REQUIRED:
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.
DRAINAGE: 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 179 of 325
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 180 of 325
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 181 of 325
December 13, 2022
COLOR SCHEMATIC DESIGN MAIN LEVEL PLAN
Edwards Smith
O
7
Z
O
2
2
a
i
z
CO OREO
SCHEMATIC DE5I5N
�4A N LEVEL PLAN
SD-101
TECH REVIEW AND
UPDATES
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 182 of 325
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 183 of 325
December 13, 2022
Picture 3: Looking west along Tower Park Drive.
Picture 4: 4020 Bankers Boulevard.
SPA-4140 Kimball Avenue
Page 6 of Page 184 of 325
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 185 of 325
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
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Site Plan Amendment
Downing Construction on behalf of
Smith Family Denistry
Page 186 of 325
City of Waterloo Planning, Programming and Zoning Commission
December 13, 2022
4020 Bankers Boulevard
RNAN DR
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Site Plan Amendment
Downing Construction on behalf of
Smith Family Denistry
Page 187 of 325
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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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
FOR THICKNESS & LOCATIONS
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Project No: 122.1411.01
Sheet C200
Page 190 of 325
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
PagP4tg1 of 325
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 192 of 325
CITY OF WATERLOO
Council Communication
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.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
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
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, and
recommendation of approval of the Planning, Programming and Zoning
Commission.
Motion to receive, file, consider and pass for the first time an ordinance
approving a 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, 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.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the
ordinance.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted is a 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 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
Page 193 of 325
Neighborhood Impact:
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
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 194 of 325
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 195 of 325
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 196 of 325
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2023
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Page 197 of 325
City of Waterloo Planning, Programming and Zoning Commission
January to, 2023
East of 115 Ridgeway Avenue
Easement Vacate
Cio Investments, LLC
Page 198 of 325
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Page 199 of 325
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9LF 18" H.D.P.E. @ 0.6%O_
NEW CB#5
RIM 946.65 -XWTR
INV. 942.25
SEE DETAIL
E. RIDGEW ENUE
CONNECT NEW 15" RCP TO EX.
SDMH AT INV. ELEV. = 941.13±.
FIELD VERIFY SIZE, ELEVATION,
AND LOCATION PRIOR TO START
OF CONSTRUCTION.
2.5 LF " IIVC @ 1.05% (TYP.)
(48"BURY OR INSULATE PIPE)
r1 I ,1
LJ -
<�
1 56LF 18" H.D.P.E. @ 0.87
NEW CB# I
RIM 948.40
INV. 943.60
9391NV. ' 31.04
STORMWATER DRY POND
POND BOTTOM = 940.40
100-YR HWL = 944.40
IM 948.
INV. 939.
NEW APRON#7
INV. 943.50
NEW OUTLET STRUCTURE# I 0
SEE DETAIL SHEET SP3. 1
946
33LF 1 2" H.D.P.E. @ I .3%
NEWMH#I I?
RIM 948.35± <
INV. 939.9±
REMOVE EX. SDMH. CONSTRUCT
NEW MH. CONNECT TO EX. 15"
RCP AT INV. ELEV. = 939.9±.
FIELD VERIFY SIZE, ELEVATION,
AND LOCATION PRIOR TO START
OF CONSTRUCTION.
REMOVE EX. STORM SEWER PIPE
AND STRUCTURES ONCE NEW 15"
RCP IS IN PLACE. FIELD VERIFY
SIZE, ELEVATION, AND LOCATION
PRIOR TO START OF
CONSTRUCTION.
Know what's below.
CaII before you dig.
PLOTTING NOTE: PLANS PLOTTED TO 1 1 x 1 7
SHEET SIZE AREY2 SCALE- 1 "=60'
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
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 200 of 325
CITY OF WATERLOO
Council Communication
Resolution approving a Consolidated Public Safety Communications 28E Agreement with Black Hawk
County, City of Cedar Falls, City of Evansdale, City of Hudson, City of La Porte City, City of Dunkerton,
and City of Gilbertville, for the purposes of coordinating the professional dispatching of public safety services
in Black Hawk County, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 1/17/2023
Prepared: 1/11/2023
ATTACHMENTS:
Description Type
u 28E Agreement with BHC and BHC Communities Backup Material
SUBJECT:
Resolution approving a Consolidated Public Safety Communications 28E
Agreement with Black Hawk County, City of Cedar Falls, City of
Evansdale, City of Hudson, City of La Porte City, City of Dunkerton, and
City of Gilbertville, for the purposes of coordinating the professional
dispatching of public safety services in Black Hawk County, and authorizing
the Mayor and City Clerk to execute said document.
Submitted by: Submitted By: Mayor Quentin Hart
Page 201 of 325
CONSOLIDATED PUBLIC SAFETY
COMMUNICATIONS 28E AGREEMENT
ARTICLES of 28E AGREEMENT made and entered into this day of , 20 , by and between the
parties, Black Hawk County, hereafter referred to as "County"; the City of Waterloo, hereafter referred to as
"Waterloo"; the City of Cedar Falls, hereafter referred to as "Cedar Falls"; the City of Evansdale , hereafter
referred to as "Evansdale'; the City of Hudson, hereafter referred to as "Hudson"; the City of La Porte City,
hereafter referred to as "La Porte"; the City of Dunkerton, hereafter referred to as "Dunkerton"; and the City
of Gilbertville, hereafter referred to as "Gilbertville"; or such of them as may become signatories hereto.
IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
ARTICLE 1: PURPOSE
For the purpose of gaining economy of operations while maintaining improving and coordinating the
professional dispatching of public safety services in Black Hawk County, the Consolidated Public Safety
Communications Center, hereafter referred to as the "Center" is hereby created. The Center shall be operated
and maintained pursuant to this Agreement and shall provide dispatch and communications services to all
participating government agencies in Black Hawk County.
ARTICLE 2: PLACE OF OPERATION
The Center shall be housed at County expense in a facility provided by Black Hawk County. However,
utilities. Cleaning, remodeling, and such other expense attributable to the Center operations will be prorated
among the parties.
ARTICLE 3: LEGAL STATUS
No separate legal entity under Iowa law is created nor is any obligation incurred by the participating parties
other than those specified in this Agreement or as may be added by amendment properly executed in the
manner hereafter provided. This Agreement is intended to obligate the participants pursuant to Chapter 28E
of the Code of Iowa.
ARTICLE 4. COMMENCEMENT OF OPERATIONS
Center operations shall commence on a date determined by the Center Board. Start-up costs and costs
incurred in implementing this Agreement shalt be advanced by the County and reimbursed according to the
formula set out in this Agreement if some or all of the funding anticipated has not yet been received at time of
commencement. The entities providing the funds shall be reimbursed proportionately.
ARTICLE 5: DURATION
The duration and existence of this Agreement shall be for a period of one year with automatic renewal unless
terminated by the parties according to the terms of the Agreement hereafter provided. The attached
assessments shall be reviewed every three years.
ARTICLE 6: CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER BOARD
SECTION 1: There is hereby created a Consolidated Public Safety Communications Center Board, herein
referred to as the Center Board, which shall be operated pursuant to this Agreement.
1
Page 202 of 325
SECTION 2: An eleven -member Public Safety Communications Center Board (hereafter referred to as the
"Center Board") composed of: the Black Hawk County Sheriff, the City of Waterloo Fire Chief, the City of
Waterloo Police Chief, the City of Cedar Falls Police Chief, the City of Cedar Falls Fire Chief, the City of
Evansdale Police Chief, the City of Hudson Police Chief, the City of La Porte City Police Chief, the City of
Dunkerton Police Chief, the City of Gilbertville Police Chief, and one Fire Chief representing the other fire
departments "whose home base is within a city that is located in Black Hawk County, is hereby created.
SECTION 3: The Center Board shall adopt, establish, and approve all policies and procedures and be
responsible for the operation of the Center subject to the limitations and dispute resolution procedures of this
agreement, except that the Center Board shall adopt Black Hawk County Personnel Policies, which shall be
applicable to all Center personnel.
SECTION 4: The position of Chairperson of the Center Board shall be selected by the Center Board on a
majority vote on an annual basis. The Chairperson, through the Center Director, shall cause minutes of the
Center Board meetings to be prepared and distributed to the Center Board members and the participating
cities' Mayors and the County Board of Supervisors. Center Board members shall be entitled to the following
voting structure:
Black Hawk County Sheriff— 2 votes
City of Waterloo Fire Chief— 1 vote
City of Waterloo Police Chief— 3 votes
City of Cedar Falls Fire Chief— 1 vote
City of Cedar Falls Police Chief— 2 votes
City of Evansdale Police Chief— 1 vote
City of Hudson Police Chief — 1 vote
City of LaPorte City Police Chief - 1 vote
City of Dunkerton Police Chief - 1 vote
City of Gilbertville Police Chief - 1 vote
One Fire Chief representing the Firemen's Association — 1 vote
All meetings shall be governed by the parliamentary procedures set forth in Robert's Rules of Order.
SECTION 5: The meetings of the Center Board shall be public proceedings subject to the Iowa Open
Meetings Law. To the extent allowed by the Iowa Open Records Law, the minutes and records of the Center
shall be public.
ARTICLE 7: COMMUNICATIONS CENTER MANAGEMENT
SECTION 1: All the usual and customary administrative, personnel, civil service regulations, accounting,
budgetary, and procurement policies of Black Hawk County shall govern the Center in its operations and
activities unless they conflict with policies and procedures adopted pursuant to this Agreement. Established
collective bargaining agreements shall also supersede any Center Board policies or procedures. In the event of
a conflict, except regarding collective bargaining matters, the conflict resolution procedures of Article 12 shall
apply.
SECTION 2: The day-to-day operation of the Center shall be under the direction, supervision, and
management of the Chairperson of the Board, who shall delegate such authority for the operation and
management of the Center as he or she deems appropriate, with the consent of the Center Board. The power
of delegation includes the power to direct and control all Center personnel and operations of the Center
pursuant to the operating procedures established by the Center Board.
2
Page 203 of 325
SECTION 3: The management staff of the Center shall be appointed by the Center Board, which will also
have the authority to remove an employee from a position with the Center for reasons deemed sufficient by
the Center Board. The management staff of the Center shall be supervised by the Chairperson of the Center
Board on behalf of the Center Board, subject to County policies as set out herein. Center management shall
comply with all administrative, personnel, accounting, budgetary and procurement policies of Black Hawk
County unless they conflict with policies and procedures contained in this agreement.
SECTION 4: The Chairperson of the Center Board shall appoint a Personnel Committee from the members of
the Center Board. The Board Personnel Committee shall be responsible for all hiring and termination of
Center employees as well as the issuance of disciplinary actions to Center employees. All actions of the
Personnel Committee regarding hiring and termination of Center employees shall be ratified by the Center
Board.
ARTICLE 8: COUNTY EMPLOYEES
All Center employees, including the management staff, shall be employees of Black Hawk County. Payroll
and terms of employment shall be administered by Black Hawk County.
ARTICLE 9: FINANCING
The Black Hawk County 911 Service Board, hereinafter referred to as the 911 Board, will pay for 100 percent
of all 911 related costs that are eligible under Iowa Code Chapter 34A to be recovered from the subscriber
access charge. Related 911 costs which are construed by this agreement to be included are, but not limited to,
the installation of all necessary communications equipment and on -going system maintenance.
In the event funds are not available through the 911 Board, expenses not covered would then be absorbed into
the Center's budget and covered under the EMA Levy. The Center's Board will provide their proposed
budget, to the EMA Commission by December of each year.
ARTICLE 10: BUDGET PREPARATION
SECTION 1: The annual operating budget shall be prepared by the Director and submitted to the Center
Board for preliminary approval in November of each year.
SECTION 2: Copies of the projected costs for each agency for each fiscal year will be given to each
representative agency as part of the budget process as stated in Article I.
SECTION 3: By December of each year, the Chairperson of the Center Board will forward the preliminary
budget, to the EMA Commission for their review, approval, and adoption to become part of the Commission's
budget, which would be funded through a countywide property tax special levy.
ARTICLE 11: INSURANCE
The Center Board shall seek and maintain liability or comprehensive insurance coverage for Center operations
and costs for same shall be divided and shared as provided for herein. Any participant may elect to obtain its
own coverage for any separate liability it may have for Center operations,
3
Page 204 of 325
ARTICLE 12: DISPUTE RESOLUTION
In the event of a dispute between the Center Board, the County and the Cities, the dispute may be submitted to
arbitration. In order to qualify as a dispute, the matter must involve the center budget, center operation, or the
terms of this agreement. At least four participants from the Center Board, County, or the Cities are required to
request that the matter be submitted for arbitration,
The parties hereto agree that such a dispute between them shall be resolved by arbitration pursuant to and as
authorized by Chapter 679A, Code of Iowa, 2013. In the event of such a dispute to be submitted for
arbitration, the District Court shall be requested to appoint three (3) arbitrators to hear the matter.
ARTICLE 13: TERMINATION
SECTION 1: Any party to this agreement may terminate its participation herein by giving at least twelve
(12) month's prior written notice to all the other parties. Termination of the withdrawing party shall be
effective at the beginning of the next fiscal year following the twelve (12) month notice.
SECTION 2: Termination shall not relieve the County, Cities, or the 911 Board of any financial obligation
incurred before the effective termination date under the terms of this Agreement.
SECTION 3: Equipment and furniture owned solely by the County, Cities, or 911 Board shall be distributed
according to the inventory of the Center Board. Equipment and furniture owned jointly shall be distributed in
a manner consistent with the basis of the member's contribution. Distribution shall be based upon a majority
vote of all members eligible to vote on the Center Board. Where full agreement is not reached, the equipment
and furniture shall be liquidated, and the proceeds distributed to the parties to the Agreement prorated upon
the same basis that the parties contributed to the purchase of the equipment and furniture.
SECTION 4: The Center Board shall not be dissolved when there remains any indebtedness incurred by the
Center Board.
ARTICLE 14: AMENDMENTS
The terms of this Agreement shall be amended only upon approval of any proposed amendment by a simple
majority resolution of the participants.
ARTICLE 15: SEVERABILITY
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions of application of this Agreement which can be given effect
without the invalid provisions or application and to this end the provisions of this Agreement are declared to
be severable.
ARTICLE 16: ADOPTION
This Agreement shall have full force and effect upon ratification by a simple majority of the participants.
4
Page 205 of 325
BLACK HAWK COUNTY, IOWA CITY OF WATERLOO, IOWA
BY: BY:
Signature Signature
Chairperson Mayor
Printed name Printed name
Attest: Attest:
Signature Signature
CITY OF CEDAR FALLS, IOWA CITY OF EVANSDALE, IOWA
BY: BY:
Signature Signature
Mayor Mayor
Printed name Printed name
Attest: Attest:
Signature Signature
CITY OF HUDSON, IOWA CITY OF LAPORTE CITY, IOWA
BY: BY:
Signature Signature
Mayor Mayor
Printed name Printed name
Attest: Attest:
Signature Signature
CITY OF DUNKERTON, IOWA CITY OF GILBERTVILLE, IOWA
BY: BY:
Signature Signature
Mayor Mayor
Printed name Printed nacre
Attest: Attest:
Signature Signature
5
Page 206 of 325
CITY OF WATERLOO
Council Communication
Resolution approving a Development Agreement with Habitat for Humanity and The 415 Walnut Collective,
for the rehabilitation of three residential units, located at 415 Walnut Street, approving a Development Grant in
the amount of $5,000.00 per unit, and authorizing the Mayor and City Clerk to execute said document
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description
❑ Development Agreement
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Backup Material
Resolution approving a Development Agreement with Habitat for Humanity
and The 415 Walnut Collective, for the rehabilitation of three residential units,
located at 415 Walnut Street, approving a Development Grant in the amount
of $5,000.00 per unit, and authorizing the Mayor and City Clerk to execute
said document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approve the resolution
The City of Waterloo has been working with Habitat for Humanity and
partners to redevelop the Walnut Neighborhood. Habitat for Humanity
acquired the Walnut Baptist Church in 2019 and has been working with a
number of partners to bring the church back to life. Phase one of the project
will be to renovate a portion of the building into three residential units. The
agreement would allow for the Infill Incentive of $5,000.00 to be paid out for
each unit upon completion. The group is also applying for the State
Community Catalyst Building Remediation grant with the Iowa Economic
Development Authority. The Infill Incentive would cover the City match
required for the Catalyst Grant.
Data/Analysis and Strategies: Infill Housing
Implementation, Accountability,
and Communication:
Bonds
Expenditure Required/Source of $15,000, Nuisance Abatement bonds
Funds:
Alternative:
Not approve.
Lots 1 and 2; All that part of Lots 3, 4, 5 lying within the following described
boundaries: Commencing at the Northwest Comer of said Lot 3; thence East
along the North line of said Lot 3 a distance of20 feet; thence South along a
line which is 20 feet East of and parallel with the West line of said Lots 3 and
4 and an extension thereof to the South line of said Lot 5; thence West along
Page 207 of 325
Legal Descriptions:
the South line of said Lot 5 to an angle point in said Lot; thence
Southwesterly along the Southeasterly line of said Lot to the Southwesterly
line of said Lot; thence Northwesterly along the Southwesterly line of said
Lot to the most Westerly comer of said Lot; thence Northeasterly along the
Northwesterly line of said Lot to an angle point in said Lot; thence North
along the West line of said Lots 5, 4 and 3 to the point of beginning; All that
part of Lot 6 lying within the following described boundaries: Commencing
at a point in the Southwesterly line of said Lot which is 26 feet Northwesterly
of the most Westerly comer of Lot 7; thence Northwesterly along the
Southwesterly line of said Lot 6 to the most Westerly comer of said Lot;
thence Northeasterly along the Northwesterly line of said Lot to the angle
point in said Lot; thence East along the North line of said Lot a distance of
12.9 feet; thence South to the place of beginning; all in "N. 0. Munger's
Subdivision", of Block 79 of the Cooley Addition in the City of Waterloo,
Iowa.
Page 208 of 325
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, 2023, by and between Iowa Heartland Habitat for Humanity
("Company"), 415 Walnut Collective ("Collective") and the City of Waterloo, Iowa
("City"). Company and Collective may be referred to jointly as "Developer."
RECITALS
A. Company is the owner of real property at 415 Walnut Street, Waterloo,
Iowa (the "Property") and, together with Collective, is willing and able to
finance and undertake a rehabilitation of the Property to create three one -
bedroom apartments therein and related improvements.
B. City considers infill residential development within the City a benefit to the
community and is willing for the overall good and welfare of the community
to provide financial incentives to encourage that goal. City believes that
such development is in the vital and best interests of the City and in
accordance with the public purposes and provisions of the applicable
State and local laws and requirements under which the Project (defined
below) has been undertaken and is being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Improvements by Developer. Company and Collective shall collaborate
with each other and make a mutually agreeable allocation of responsibilities between
them with respect to performance of any Project tasks. Developer shall rehabilitate the
existing structure on the Property to construct three (3) one -bedroom apartments
meeting at least the minimum square footage standards of the Habitat for Humanity
organization, completed to a finished state, including installation of exterior features
1
Page 209 of 325
such as driveways and sidewalks, removal of all construction debris, proper leveling or
shaping of groundscape, and grassing and/or landscaping (construction and finishing as
so described are referred to as the "Improvements"). The Improvements shall be
constructed in accordance with the terms of this Agreement, all applicable City, state,
and federal building codes and shall comply with all applicable City ordinances and
other applicable law. Developer shall submit specific building design and site plan for
City review and approval before the commencement of construction and shall not
substantially deviate from such plans, specifications or designs. Developer will use its
best efforts to obtain, or cause to be obtained, in a timely manner, all required permits,
licenses and approvals, and will meet, in a timely manner, all requirements of all
applicable local, state, and federal laws and regulations which must be obtained or met
before the Improvements may be lawfully constructed. The Property, Improvements,
and all site preparation and development -related work to be undertaken and completed
by Developer under this Agreement are collectively referred to as the "Project".
2. Utilities. Developer will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services to any location
on the Property and for payment of any associated connection fees.
3. Incentives. After the Improvements have been Substantially Completed,
Company will be eligible for the following incentives:
A. Grants. As provided in the City's infill housing policy, City will pay
Company a grant of $5,000.00 for timely completion of each unit of the
Improvements, for a total maximum incentive of $15,000.00, payable within sixty
(60) days after City has verified that the Improvements have been Substantially
Completed.
B. Partial Tax Exemption. Because the Property is located in a
designated Consolidated Urban Revitalization Area (CURA), the Property is
eligible for tax exemption consistent with and to the extent provided for in Iowa
law and City ordinance, provided that Company meets all requirements to qualify
for such exemption.
For purposes of this Agreement, "Substantially Completed" means the date on which
the Improvements have been completed to the extent necessary for the City to issue a
certificate of occupancy relating thereto and the City has verified that Project elements
for which no permit was necessary have been substantially completed. The parties
agree that the Improvements must be Substantially Completed by January 31, 2025,
otherwise Company shall not be eligible for the foregoing incentives.
4. Additional Covenants of Developer. In addition to the other promises,
covenants and agreements of Developer as provided elsewhere in this Agreement,
each Developer agrees as follows:
2
Page 210 of 325
A. Until the Improvements have been Substantially Completed,
Developer shall make such reports to City, in such detail and at such times as
may be reasonably requested by City, as to the actual progress of Developer
with respect to construction of the Improvements.
B. Developer will cooperate fully with the City in resolution of any
traffic, parking, trash removal or public safety problems which may arise in
connection with the construction and operation of the Improvements.
C. Developer will comply with all applicable land development laws
and City and county ordinances, and all laws, rules and regulations relating to its
businesses, other than laws, rules and regulations where the failure to comply
with the same or the sanctions and penalties resulting therefrom, would not have
a material adverse effect on the business, property, operations, or condition,
financial or otherwise, of Developer.
5. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
6. Representations and Warranties of Developer. Each Developer hereby
represents and warrants for itself as follows, and as applicable:
A. Company is duly organized, validly existing, and in good standing
under the laws of the state of its organization and is duly qualified and in good
standing under the laws of the State of Iowa.
B. Company has all requisite power and authority to own and operate
its properties, to carry on its business as now conducted and as presently
proposed to be conducted, and to enter into and perform its obligations under
this Agreement.
C. This Agreement has been duly and validly authorized, executed
and delivered by Developer and, assuming due authorization, execution and
delivery by the other parties hereto, is in full force and effect and is a valid and
legally binding instrument of Developer that is enforceable in accordance with its
terms, except as the same may be limited by bankruptcy, insolvency,
reorganization or other laws relating to or affecting creditors' rights generally.
3
Page 211 of 325
D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Developer or
of any contractual restriction, evidence of indebtedness, agreement or instrument
of whatever nature to which Developer is now a party or by which it or its
property is bound, nor do they constitute a default under any of the foregoing.
E. There are no actions, suits or proceedings pending or threatened
against or affecting Developer in any court or before any arbitrator or before or by
any governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business (present or
prospective), financial position, or results of operations of Developer or which in
any manner raises any questions affecting the validity of the Agreement or
Developer's ability to perform its obligations under this Agreement.
7. Indemnification and Releases.
A. Each Developer hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
and agrees that the indemnified parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the indemnified parties against, any loss or
damage to property or any injury to or death of any person occurring at or about
the Property or resulting from any defect in the Improvements. The indemnified
parties shall not be liable for any damage or injury to the persons or property of a
Developer or its directors, officers, employees, contractors or agents, or any
other person who may be about the Property or the Improvements, due to any
act of negligence or willful misconduct of any person, other than any act of
negligence or willful misconduct on the part of any such indemnified party or its
officers, employees or agents.
B. Except for any willful misrepresentation, any willful misconduct, or
any unlawful act of the indemnified parties, each Developer agrees to protect and
defend the indemnified parties, now or forever, and further agrees to hold the
indemnified parties harmless, from any claim, demand, suit, action or other
proceedings or any type or nature whatsoever by any person or entity
whatsoever that arises or purportedly arises from (1) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action,
demand or other proceeding brought by a Developer against the City to enforce
its rights under this Agreement), or (2) the acquisition and condition of the
Property and the construction, installation, ownership, and operation of the
Improvements, or (3) any hazardous substance or environmental contamination
located in or on the Property, but only to the extent such liability has not been
previously transferred to and accepted by City in writing.
4
Page 212 of 325
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
8. Default. The following shall be "Events of Default" under this Agreement,
and the term "Event of Default" shall mean any one or more of the following events that
continues beyond any applicable cure periods:
A. Failure by Developer to cause the construction of the
Improvements on the Property to be commenced and completed pursuant to the
terms, conditions and limitations of this Agreement;
B. Transfer by Company of any interest (either directly or indirectly) in
the Property, the Improvements thereon, or this Agreement, without the prior
written consent of City;
C. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the Property.
D. Any representation or warranty made by a Developer in this
Agreement, or made by a Developer in any written statement or certificate
furnished by such Developer pursuant to this Agreement, shall prove to have
been incorrect, incomplete or misleading in any material respect on or as of the
date of the issuance or making thereof.
9. Remedies.
A. Default by Developer. Whenever any Event of Default in respect of
a Developer occurs and is continuing, the City may terminate this Agreement, in
whole or in part. Before exercising such remedy, City shall give 30 days' written
notice to Developer of the Event of Default, provided that by the conclusion of
such period the Event of Default shall not have been cured, or the Event of
Default cannot reasonably be cured within 30 days and Developer shall not have
provided assurances reasonably satisfactory to the City that the Event of Default
will be cured as soon as reasonably possible. Upon termination, City may
5
Page 213 of 325
exercise any and all remedies available at law, equity, contract or otherwise for
recovery of any sums paid by City to Company before the date of termination as
set forth in this Agreement.
B. Default by City. Whenever any Event of Default in respect of City
occurs and is continuing, Company may take such action against City to require
it to specifically perform its obligations hereunder. Before exercising such
remedy, Company shall give 30 days' written notice to City of the Event of
Default, provided that by the conclusion of such period the Event of Default shall
not have been cured, or if the Event of Default cannot reasonably be cured within
30 days and City shall not have provided assurances reasonably satisfactory to
the Company that the Event of Default will be cured as soon as reasonably
possible.
C. Remedies under this Agreement shall be cumulative and in addition
to any other right or remedy given under this Agreement or existing at law or in
equity or by statute. Waiver as to any particular default, or delay or omission in
exercising any right or power accruing upon any default, shall not be construed
as a waiver of any other or any subsequent default and shall not impair any such
right or power.
10. Materiality of Developer's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of Developer to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for City to enter this Agreement. Developer
acknowledges that without such promises, covenants, representations, and warranties,
City would not have entered this Agreement. Upon breach of any promise or covenant,
or in the event of the incorrectness or falsity of any representation or warranty, City
may, at its sole option and in addition to any other right or remedy available to it,
terminate this Agreement and declare it null and void.
11. Performance by City. Developer acknowledges and agrees that all of
the obligations of City under this Agreement shall be subject to, and performed by City
in accordance with, all applicable statutory, common law or constitutional provisions and
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
12. No Third -Party Beneficiaries. No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third -party beneficiary of any of the provisions
of this Agreement.
6
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13. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number
319-291-4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
(b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702,
Attention: Executive Director.
(c) if to Collective, at , Waterloo, Iowa
, Attention:
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this Section.
14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or
any other relationship between the City and Company nor to create any liability for one
party with respect to the liabilities or obligations of the other party or any other person.
15. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
16. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
7
Page 215 of 325
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
17. Captions. All captions, headings, or titles in the paragraphs or sections of
this Agreement are inserted only as a matter of convenience and/or reference, and they
shall in no way be construed as limiting, extending, or describing either the scope or
intent of this Agreement or of any provisions hereof.
18. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
19. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
20. Entire Agreement. This Agreement, together with the exhibits attached
hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
21. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR
HUMANITY
By: By:
Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
8
Ali Parrish, Executive Director
415 WALNUT COLLECTIVE
By:
Matthew Gilbert
Title:
Page 216 of 325
EXHIBIT "A"
Property Description
Lots 1 and 2;
All that part of Lots 3, 4, 5 lying within the following described boundaries: Commencing
at the Northwest Comer of said Lot 3; thence East along the North line of said Lot 3 a
distance of 20 feet; thence South along a line which is 20 feet East of and parallel with
the West line of said Lots 3 and 4 and an extension thereof to the South line of said Lot
5; thence West along the South line of said Lot 5 to an angle point in said Lot; thence
Southwesterly along the Southeasterly line of said Lot to the Southwesterly line of said
Lot; thence Northwesterly along the Southwesterly line of said Lot to the most Westerly
corner of said Lot; thence Northeasterly along the Northwesterly line of said Lot to an
angle point in said Lot; thence North along the West line of said Lots 5, 4 and 3 to the
point of beginning;
All that part of Lot 6 lying within the following described boundaries: Commencing at a
point in the Southwesterly line of said Lot which is 26 feet Northwesterly of the most
Westerly comer of Lot 7; thence Northwesterly along the Southwesterly line of said Lot
6 to the most Westerly corner of said Lot; thence Northeasterly along the Northwesterly
line of said Lot to the angle point in said Lot; thence East along the North line of said Lot
a distance of 12.9 feet; thence South to the place of beginning;
All in "N. O. Munger's Subdivision", of Block 79 of the Cooley Addition in the City of
Waterloo, Iowa.
1
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CITY OF WATERLOO
Council Communication
Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo,
Iowa, in an amount not to exceed 126,500.00, for a Traffic Impact Study located at Ansborough Avenue and
Highway 20 for the South Waterloo Business Park, and authorizing the Mayor to execute said document.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
❑ Agreement Backup Material
SUBJECT:
Resolution approving a Professional Services Agreement with AECOM
Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed
126,500.00, for a Traffic Impact Study located at Ansborough Avenue and
Highway 20 for the South Waterloo Business Park, and authorizing the
Mayor to execute said document.
Submitted by: Submitted By: Jamie Knutson, PE, City Engineer
Page 218 of 325
AECOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
SOUTH BUSINESS PARK
PRELIMINARY ENGINEERING SERVICES
CITY OF WATERLOO, IOWA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered by and between AECOM Technical Services, Inc., 501
Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as ATS and City of Waterloo, 715
Mulberry Street, Waterloo, Iowa, hereinafter referred to as CLIENT.
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
follows:
I. SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
II. ATS'S RESPONSIBILITIES
ATS shall, subject to the terms and provisions of this Agreement:
(a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and
with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions will be binding upon ATS as to all matters pertaining to this
Agreement and the performance of the parties hereunder.
(b) Use all reasonable efforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control.
(c) Perform the Services in accordance with generally accepted professional engineering
standards in existence at the time of performance of the Services. If during the two-
year period following the completion of Services, it is shown that there is an error in
the Services solely as a result of ATS's failure to meet these standards, ATS shall re -
perform such substandard Services as may be necessary to remedy such error at no
cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and
materials, or over competitive bidding and market conditions, ATS does not
guarantee the accuracy of any construction cost estimates as compared to
contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties
either express or implied and the parties' rights, liabilities, responsibilities and
remedies with respect to the quality of Services, including claims alleging negligence,
breach of warranty and breach of contract, shall be exclusively those set forth herein.
(d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require
from all vendors and subcontractors from which ATS procures equipment, materials
or services for the project, guarantees with respect to such equipment, materials and
services. All such guarantees shall be made available to CLIENT to the full extent of
Page 219 of 325
AECOM
Page 2
the terms thereof. ATS's liability with respect to such equipment, and materials
obtained from vendors or services from subcontractors, shall be limited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
(e) ATS will be providing estimates of costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, including, but not limited to,
costs of labor, material, equipment or services furnished by others or over
competitive bidding, marketing or negotiating conditions, or construction contractors'
methods of determining their prices. Accordingly, it is acknowledged and understood
that any estimates, projections or opinions of probable project costs provided herein
by ATS are estimates only, made on the basis of ATS's experience and represent
ATS's reasonable judgment as a qualified professional. ATS does not guaranty that
proposals, bids or actual project costs will not vary from the opinions of probable
costs prepared by ATS, and the CLIENT waives any and all claims that it may have
against ATS as a result of any such variance.
III. CLIENTS RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
of the Services;
(a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT's behalf on
all matters concerning the Services.
(b) Furnish to ATS all existing studies, reports and other available data pertinent to the
Services, and obtain additional reports, data and services as may be required for the
project. ATS shall be entitled to rely upon all such information, data and the results of
such other services in performing its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property if and to the extent arising from the negligent errors or omissions or willful
misconduct of ATS during the performance of the Services hereunder.
V. INSURANCE
Commencing with the performance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance policies as follows:
(a) Workers' Compensation and/or all other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over ATS's employees who are
engaged in the Services, with Employer's Liability not less than One Hundred
Thousand Dollars ($100,000) each accident;
Page 220 of 325
AECOM
Page 3
(b) Commercial General Liability including third party Bodily Injury and Property Damage
Liability and Contractual Liability insurance in a limit of One Million Dollars
($1,000,000) each occurrence and in the aggregate.
(c) Business Auto Liability Insurance (owned, non -owned or hired) in a combined single
limit of One Million Dollars ($1,000,000).
ATS agrees to include CLIENT as Additional Insured on the Commercial General
Liability and Business Auto Liability policies, but only to the extent of ATS's
negligence under this agreement and only to the extent of the insurance limits
specified herein.
(d) Professional Liability Insurance with limits of $1,000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legally obligated
to pay on account of any professional liability arising out of the performance of this
Agreement.
ATS agrees to provide CLIENT with certificates of insurance evidencing the above -described
coverage prior to the start of Services hereunder and annually thereafter if required. ATS
shall provide prompt notice to the CLIENT in the event of cancellation, non -renewal or
reduction of limits per standard ISO Acord Form wording and the policy provisions.
VI. COMPENSATION AND TERMS OF PAYMENT
Compensation for the services shall be on an hourly basis in accordance with the hourly
fees and other direct expenses in effect at the time the services are performed. Total
compensation is a not -to -exceed fee of One Hundred Twenty -Six Thousand Five Hundred
Dollars ($126,500.00).
ATS may bill the Client monthly for services completed at the time of billing. CLIENT
agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof.
In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such
disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed
portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any
applicable statutory prompt pay provisions currently in effect.
VII. TERMINATION
CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14)
days written notice to ATS. The obligation to provide further Services under this Agreement
may be terminated by either party upon fourteen (14) days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through
no fault of the terminating party, providing such defaulting party has not cured such failure, or,
in the event of a non -monetary default, commenced reasonable actions to cure such failure.
In either case, ATS will be paid for all expenses incurred and Services rendered to the date of
the termination in accordance with compensation terms of Article VI.
VIII. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specific calculations and other
instruments of service which ATS prepares and delivers to CLIENT pursuant to this
Agreement shall become the property of CLIENT when ATS has been compensated
Page 221 of 325
AECOM
Page 4
for Services rendered. CLIENT shall have the right to use such instruments of
service solely for the purpose of the construction, operation and maintenance of the
Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole
risk without liability or legal exposure to ATS and CLIENT agrees to release, defend
and hold ATS harmless from and against all claims or suits asserted against ATS in
the event such documents are used for a purpose different than originally prepared
even though such claims or suits may be based on allegations of negligence by ATS.
Nothing contained in this paragraph shall be construed as limiting or depriving ATS of
its rights to use its basic knowledge and skills to design or carry out other projects or
work for itself or others, whether or not such other projects or work are similar to the
work to be performed pursuant to this Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced and ATS makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of a
conflict between the sealed original drawings and the electronic files, the sealed
drawings will govern.
IX. MEANS AND METHODS
(a) ATS shall not have control or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety measures and
programs including enforcement of Federal and State safety requirements, in
connection with construction work performed by CLIENT's construction contractors.
Nor shall ATS be responsible for the supervision of CLIENT's construction
contractors, subcontractors or of any of their employees, agents and representatives
of such contractors; or for inspecting machinery, construction equipment and tools
used and employed by contractors and subcontractors on CLIENT's construction
projects and shall not have the right to stop or reject work without the thorough
evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts
or omissions of CLIENT's construction contractors, subcontractors or any persons or
entities performing any of the construction work, or for the failure of any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be fully protected against such third -party claims, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benefits obtained for the protection of the CLIENT from any contractor or
subcontractor working on the project and shall obtain from that
contractor/subcontractor insurance certificates evidencing ATS as an additional
named insured.
X. INDEPENDENT CONTRACTOR
ATS shall be an independent contractor with respect to the Services to be performed
hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed
to be the servants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre -
Page 222 of 325
AECOM
Page 5
existing contamination" is any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release,
defend, indemnify and hold ATS harmless from and against any and all liability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except if such liability arises from ATS's sole negligence or willful misconduct.
CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage,
transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT
shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look
to the disposal facility and/or transporter for any responsibility or liability arising from improper
disposal or transportation of such waste. ATS shall not have or exert any control over
CLIENT in CLIENT's obligations or responsibilities as a generator in the storage,
transportation, treatment or disposal of any pre-existing contamination. CLIENT shall
complete and execute any governmentally required forms relating to regulated activities
including, but not limited to generation, storage, handling, treatment, transportation, or
disposal of pre-existing contamination. In the event that ATS executes or completes any
governmentally required forms relating to regulated activities including but not limited to
storage, generation, treatment, transportation, handling or disposal of hazardous or toxic
materials, ATS shall be and be deemed to have acted as CLIENT's agent.
For ATS's services requiring drilling, boring, excavation or soils sampling, CLIENT shall
approve selection of the contractors to perform such services, all site locations, and provide
ATS with all necessary information regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that ATS's liability for the act, error or omission in its performance of services
under this Agreement shall in no event exceed the amount of the total compensation received
by ATS. It is intended by the parties to this Agreement that ATS's services in connection with
the project anticipated herein shall not subject ATS's individual employees, officers, or
directors to any personal legal exposure for the risks associated with this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot
be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to
mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall
notify the other party in writing of the dispute desired to be mediated. If the parties are unable
to resolve their differences within 10 days of the receipt of such notice, such dispute shall be
submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt of notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This
requirement to seek mediation shall be a condition required before filing an action at law or in
equity. However, prior to or during the negotiations or the mediation either party may initiate
litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any
property liens or other rights it may have to obtain security for the payment of its invoices.
Page 223 of 325
AECOM
XIV.
MISCELLANEOUS
(a)
(b)
(c)
(d)
(e)
(f)
IN WITNESS
written below.
APPROVED
By:
Printed Name:
Title:
Date:
Page 6
This Agreement constitutes the entire agreement between the parties hereto and
supersedes any oral or written representations, understandings, proposals, or
communications heretofore entered into by or on account of the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
the event of any conflict between this contract document and any of the exhibits
hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
This Agreement shall be governed by the laws of the State of Iowa.
ATS may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any
of its obligations under this Agreement.
In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form shall be for convenience purposes only, and any typed provision in
conflict with the terms of this Agreement and all preprinted terms and conditions
contained in or on such forms shall be deemed stricken and null and void.
This Agreement gives no rights or benefits to anyone other than CLIENT and ATS
and does not create any third -party beneficiaries to the Agreement.
WHEREOF, the parties hereto have executed this agreement on the day and year
FOR CITY OF WATERLOO APPROVED FOR AECOM
By:
Printed Name: Douglas W. Schindel, P.E
Title: Vice President
Date: January 11, 2023
Page 224 of 325
SOUTH BUSINESS PARK
PRELIMINARY ENGINEERING SERVICES
CITY OF WATERLOO, IOWA
EXHIBIT A
A. PROJECT DESCRIPTION
This project consists of the development of approximately 210 acres located in the southeast
quadrant of the US 20 interchange with Ansborough Avenue in Waterloo, Iowa. The project will
include grading, drainage, utilities, roadway and other construction typical of a large-scale
development. The development area includes approximately 182 acres zoned Business Park (B-
P) and 25 acres zoned Agriculture District (A-1).
B. SCOPE OF SERVICES
The City of Waterloo will complete the platting, preliminary and final design for the first phase of
the development. AECOM will provide limited preliminary engineering services associated with
the South Business Park Development. The Scope of Services will include the property and
topographic survey, Traffic Impact Study, preliminary drainage analysis, and plan review for the
site design. The Scope of Services is further described below:
Property and Topographic Survey and Data Gathering (Tasks 1-8). These tasks will include the
topographic survey of approximately 210 acres of the proposed South Business Park. These
tasks will also include the topographic survey of Ansborough Avenue from the EB ramps of the
US 20 interchange to 1,700 feet south and the topographic survey of Shaulis Road from
Ansborough Avenue to 2,600 feet east.
Task 1 - Data Gathering of Existing Plans and Traffic Signal Data
Task 2 - Utility Survey Within Project Limits
Task 3 - Project Control
Task 4 - Locate/Tie Property Pins and Section Corners (3)
Task 5 - Topographic Survey of Business Park (Approximately 210 Acres)
Task 6 - Ansborough Avenue Topographic Survey
Task 7 - Shaulis Road Topographic Survey
Task 8 - Base Mapping
Traffic Impact Study (Tasks 9-14). These tasks include work associated with the Traffic Impact
Study. The Traffic Impact Study will be developed assuming two access points for the proposed
South Business Park, which will include one access point off of Ansborough Avenue and another
off of Shaulis Road. The crash analysis will include using the Iowa Crash Analysis Tool to
develop Crash Severity and Manner of Crash Collision Tables for the five existing intersections
along the Ansborough Avenue corridor from Shaulis Road to San Marnan Drive. The warrant
analysis will include evaluating the proposed and existing intersections for signal warrants,
increased delay, queue lengths and other impacts for the five existing intersections on
Ansborough Avenue corridor, as well as the two proposed intersections. The Traffic Impact
Study will provide recommendations on proposed improvements to the existing and proposed
intersections. These improvements evaluate the existing and future traffic generated by the
proposed development. A final report describing the methodology and results of the traffic study
is included with these tasks.
Page 225 of 325
Task 9 - Traffic Counts (Iowa Counts) - 24 Hour Counts, 3 Days (M, T, Th) at the Following
Intersections:
• Shaulis Road and Ansborough Avenue
• EB Ramps and Ansborough Avenue
• WB Ramps and Ansborough Avenue
• Fisher Drive and Ansborough Avenue (Obtain Existing Traffic Signal Information)
• San Marnan Drive and Ansborough Avenue (Obtain Existing Traffic Signal Information)
Task 10 - Crash Analysis
Task 11 - Traffic Generation, Forecasting and Distribution
Task 12 - Warrant Analysis Intersection Review
• Shaulis Road and Ansborough Avenue
• EB Ramps and Ansborough Avenue
• WB Ramps and Ansborough Avenue
• Fisher Drive and Ansborough Avenue (Signalized Intersection Impacts)
• San Marnan Drive and Ansborough Avenue (Signalized Intersection Impacts)
• Proposed Intersection off of Ansborough Avenue
• Proposed Intersection off of Shaulis Road
Task 13 - Development and Evaluation of Recommendations
Task 14 - Final Report
Hydrologic and Hydraulic Review and Modeling (Tasks 15-17). These tasks include reviewing
the existing hydrology (HEC-HMS) and hydraulics (HEC-RAS) of Dry Run Creek at the Kimball
Avenue Detention Basin downstream of the project area to determine if this could be utilized for
regional detention for the proposed project. The current Kimball Avenue regional detention basin
characteristics would be reviewed to determine if the current City of Waterloo storm water
regulations are being satisfied. As part of this review, the proposed project drainage area would
analyze flows for various storm events to determine impacts and feasibility of a flowage easement
from the development area into the existing regional detention basin at Kimball Avenue rather
than creating a regional detention basin at the project site.
The current Kimball Avenue Basin does not address water quality per City of Waterloo standards.
Water quality calculations will be completed for the project area, and recommendations for
providing water quality will be provided to the City for review.
It is anticipated that HEC-HMS modeling software will be utilized to complete the hydrologic
modeling. A storm water technical memorandum will be developed summarizing the hydrologic
calculations.
Task 15 - Review Existing Dry Run Creek HEC-HMS and HEC-RAS Model
Task 16 - Develop Hydrologic Modeling (Including Water Quality)
Task 17- Develop Storm Water Technical Memorandum
Plan Review for Site Design (Task 18). This task includes a plan review of the overall South
Business Park site design, which is being completed by the City of Waterloo. The work will
include a review of the overall site grading plan, roadway profiles and utilities. A summary
memorandum will be completed outlining findings and recommendations from the review. This
task includes an estimated 80 hours of plan review services.
Project Administration (Tasks 19-21). These tasks include quality control reviews, project
coordination activities, project meetings, client communications and general project administration
throughout the duration of the project.
Task 19 - Quality Control Reviews
Page 226 of 325
Task 20 - Project Review Meetings (2)
Task 21 - Project Administration
Exclusions
Preliminary and Final Subdivision Design Activities
Archaeology and Wetland Reviews
Preliminary and Final Plats
Individual Lot Detention Design
Roadway Storm Sewer Design
Regulatory Permitting
Off -Site Roadway Improvements. The Scope of Services for off -site roadway design services
will be determined at the time the services are needed and defined under a future amendment.
Off -site roadway improvements would include Ansborough Avenue capacity improvements
needed as a result of the Business Park development.
L:\Secure DCS\Administration\AGREE\PROF\WAT South Business Park .doc
Page 227 of 325
CITY OF WATERLOO
Council Communication
Resolution approving a Cost -Share Agreement with Gearhart Moore Holdings, LLC, for Terracon
Consultants, Inc., to perform testing in the former Rath Administration Building, located at 1515 Sycamore
Street, in an amount not to exceed $16,000.00, with the City reimbursing Gearhart Moore Holdings for 50
percent of costs actually incurred, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description
❑ Cost -Share Agreement
❑ Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Neighborhood Impact:
Type
Backup Material
Backup Material
Resolution approving a Cost -Share Agreement with Gearhart Moore
Holdings, LLC, for Terracon Consultants, Inc., to perform testing in the
former Rath Administration Building, located at 1515 Sycamore Street, in an
amount not to exceed $16,000.00, with the City reimbursing Gearhart Moore
Holdings for 50 percent of costs actually incurred, and authorizing the
Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The City of Waterloo owns the former Rath Administration Building at 1515
Sycamore Street and there is an interested party, Gearhart Moore Holdings,
LLC (GMH) from Denver, Colorado that would like to potentially rehab the
building for residential uses. They have a proposal from Terracon
Consultants, Inc. to perform ground penetrating radar and other techniques
to assess the structural integrity of the building, most notably the reinforced
concrete floors and rebar within them.
Terracon provided a total cost of $16,000.00 to perform the work and GMH
has requested that the City cover half the costs ($8,000.00) since the building
is owned by the City.
If the report comes back that the building is structurally stable, having it
rehabilitated would have a tremendous impact to the surrounding area by
bringing life back to a blighted building.
Expenditure Required/Source of Rath TIF
Funds:
Page 228 of 325
COST -SHARING AGREEMENT
This Cost -Sharing Agreement (the "Agreement") is entered into as of
2023, by and between City of Waterloo, Iowa ("City") and Gearhart Moore Holdings LLC
("GMH").
RECITALS
A. City is the owner of real property at 1515 Sycamore Street (the "Property"), upon
which is located a structure commonly known as the Rath Administration
Building (the "Building"), and GMH has expressed interest in rehabilitating the
Building to return it to productive use.
B. GMH has procured a proposal from Terracon Consultants, Inc. dated October 25,
2022 (the "Proposal") by which Terracon would perform non-destructive testing
(the "Project") by use of ground penetrating radar and other techniques, with the
aim of assessing factors affecting structural integrity of the Building.
C. City will realize benefit from the Project, and the parties agree to share the costs
of the Project on the terms set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Rights and Duties of GMH. GMH will, directly or through an authorized agent,
engage the services of Terracon to perform Project work as described in the Proposal, for the
cost set forth in the Proposal. GMH will provide to City a complete copy of any testing reports,
surveys, assessments or other Project results, and procure for City the right to use same for City's
own property development purposes. As against City, GMH shall be solely responsible and
liable for any performance required of GMH pursuant to any agreement with Terracon or other
third parties with respect to the Project, including but not limited to obligations of payment.
GMH agrees to indemnify, defend and hold City harmless from and against any and all claims,
demands, causes of action, fines, fees, penalties, costs, expenses, damages and liabilities of any
type or nature whatsoever, including but not limited to attorney fees and expenses, (each of the
foregoing is a "Claim") arising from the acts or omissions of GMH, its managers, employees,
subcontractors and agents, including but not limited to Terracon, in respect of the Project. Also
see Section 3.
2. Rights and Duties of City. City's sole liability in respect of the Proposal shall be
to reimburse GMH for 50% of costs actually incurred and paid by GMH with reference to the
Proposal, which costs shall not exceed $16,000.00 in total, as adjusted for any authorized,
written change orders. City shall remit payment to GMH within 30 days after invoicing by
GMH. Each request for payment from GMH shall constitute GMH's certification that it has
already remitted payment to the payee in an amount equal to twice the amount for which GMH
Page 229 of 325
seeks reimbursement from City. Amounts outstanding for more than 30 days will accrue interest
at the rate of 6% per annum until paid. In no event will City have legal or monetary liability to
Terracon or any other contractor or subcontractor engaged for the Project.
3. Property Condition. GMH acknowledges that the Building is a structure nearly
a century old, has not been in active use for nearly 40 years, and at times has been vandalized,
open to the elements and subject to other factors or events that may have impaired the Building
condition or otherwise created hazardous conditions. GMH, and each agent, contractor or
subcontractor of GMH, enter upon the Property and into the Building at their own risk, taking the
Property and the Building in their as -is condition, without any work by City to prepare the
premises in any way for the Project, and without any representation or warranty by City as to the
condition of the Property or the Building or their fitness for any particular purpose. The parties
agree that the indemnification provisions set forth in Section I above shall include within their
scope any Claims arising from or in connection with the acts or omissions of GMH and any third
party that is in or upon the Property or the Building in relation to any Project purpose.
4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof, whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties.
IN WITNESS WHEREOF, the parties have executed this Cost -Sharing Agreement by
their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest:
Kelley Felchle, City Clerk
2
GEARHART MOORE HOLDINGS LLC
By:
Ben Gearhart or Charles Moore
Manager
Page 230 of 325
VBeaconI fJ Black Hawk County, IA
Parcel ID 891325259002
Sec/Twp/Rng n/a
Property Address 1515 SYCAMORE ST
WATERLOO
940001
District
Alternate ID n/a
C
n/a
Class
Acreage
Overview
Legend
Water
❑ Parcels
Owner Address CITY OF WATERLOO
715 MULBERRYST
WATERLOO, IA 50703
Brief Tax Description RIVERSIDE ADDITION LOTS 1-12 BLK4ANDALL OF ALLEY IN BLK4
(Note: Not to be used on legal documents)
These maps do 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. These maps are compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contain information required for
local government purposes. See the recorded documents for more detailed legal information.
Date created: 1/4/2023
Last Data Uploaded: 1/4/2023 1:05:58 AM
Developed blitz" Schneider
GEOSPATIAL
Page 231 of 325
CITY OF WATERLOO
Council Communication
Resolution approving an amendment to a Real Estate Purchase Agreement with Black Hawk Machinery Sales,
Inc., originally approved by City Council on July 5, 2022, for the acquisition of the former Alstadt Langlas
building and properties, amending the date of closing to occur on or before March 15, 2023, and authorizing
the Mayor and City Clerk to execute said document.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
u Amendment to RE Contract Backup Material
❑ Real Estate Contract Backup Material
SUBJECT:
Resolution approving an amendment to a Real Estate Purchase Agreement
with Black Hawk Machinery Sales, Inc., originally approved by City Council
on July 5, 2022, for the acquisition of the former Alstadt Langlas building
and properties, amending the date of closing to occur on or before March
15, 2023, and authorizing the Mayor and City Clerk to execute said
document.
Submitted by: Submitted By: Noel Anderson, Community Planning and Development
Director
Recommended Action: Approve resolution
The City of Waterloo is working to continue redevelopment of the former
Rath Packing Plant area. The acquisition of the former Alstadt Langlas
building will work to eliminate a deteriorating structure, as well as create
Summary Statement: opportunity for reinvestment next to the Human Services Campus.
This amendment will allow for ongoing Environmental testing to be
completed prior to closing.
Neighborhood Impact: Elimination of the deteriorating structure should help the overall appearance
of the neighborhood.
Data/Analysis and Strategies: The Rath Neighborhood Plan designates this area for redevelopment.
The City continues to work towards creating redevelopment opportunities in
Implementation, Accountability, the former Rath area. Project such as the Human Services Campus, SJ
and Communication: Construction, Crystal Distribution, have all been partnerships with the City
for over $36 million in reinvestment to the area.
Community Engagement The City has had several meetings over the years that have recommended for
Methods: the redevelopment of the former Rath area.
Expenditure Required/Source of
$65,000, plus up to $5,000 in closing costs
Page 232 of 325
Funds: Rath TIF and Nuisance bond funds
EPA Grant Assessment funds
Alternative: Not approve
Legal Descriptions: See acquisition contract
Page 233 of 325
.sue �.-. L, � wa a. �-a i,.,,• TE ,",,JRCHASE AGREEMENT
This Amendment is entered into as of , 2022, by and between Black Hawk
T1 ac,} nr v Sales, Inc. ("S r,r") 2nd' itti; ("111 , "\
WHEREAS, Buyer and Seller are parties to a certain Real Estate Purchase Agreement dated
July S, 2022 (the "Agreement") pertaining to property identified as parcels 89-i3-25-254-010, 8913-
25--254-uli(). 8913-z-24-UU1, and 891.1-25-254-UU8 in Waterloo, Black Hawk County, Iowa, as
further described in the Agreement; and
WHEREAS, the parties desire to amend the Agreement .h4 rot forth hnr•ein_ to permit 17nyer In
complete its investigation of environmental conditions.
NOW, THEREFORE, the parties hereby agree that paragraph 2 is amended to state that
closing shall our on or before; larch 15, 2023. Exccpi us so a -mended, the Agreement shall
continue unmodified in full force and effect. This Amendment is binding on the parties and their
respective personal representatives, successors and assigns. This Amendtne.nt may be sigrie4
counterparts.
IN WITNESS WHEREOF. the parties have executed this Amendment by their duly
authorized representatives as of the date first set forth above.
SELLER BUYER
Black Hawk Machinery Saleststi. City of Waterloo, Iowa
Bv:
Title: 1ZeS). v'(I(14
Bv:
Quentin Hart, Mayor
Attest:
Kelley Felchle, City Clerk
Page 234 of 325
REAL ESTATE PURCHASE AGREEMENT
(NONRESIDENTIAL)
TO: Black Hawk Machinery Sales, Inc. ("Seller")
FROM: City of Waterloo, Iowa ("Buyer")
Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property
situated in Waterloo, Black Hawk County, Iowa, locally known as 54 Lane Street and adjacent
lots, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-25-254-
010, 8913-25-254-006, 8913-25-254-007, and 8913-25-254-008; together with any easements and
appurtenant servient estates, but subject to any reasonable easements of record for public utilities
or roads, any zoning restrictions customary restrictive covenants and mineral reservations of
record, if any, herein referred to as the "Property," upon the following terms and conditions:
1. PURCHASE PRICE. The Purchase Price shall be $65,000.00, due and payable in full at
closing.
2, POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at
closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within seven (7) months
after approval of this Agreement by the Waterloo City Council, on a date mutually agreeable to
the parties, subject to prior satisfaction or waiver of any conditions stated in this Agreement.
3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance
with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years,
either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent
real estate taxes.
4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special
assessments which are a lien on the Property as of closing or which can be verified to be owing as
of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments
or installments.
5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance, if any,
to the date of closing and shall bear the risk of loss or damage to the Property until the date of
closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have
the option to complete the closing and receive insurance proceeds regardless of the extent of
damages or to declare this Agreement null and void.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are
specifically adapted to or are a part of the real estate, whether attached or detached. The following
items shall not be included: See Paragraph 22.C.
7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including
buildings, grounds, and all improvements, will be preserved by the Seller in its present condition
until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no
warranties, expressed or implied, as to the condition of the Property.
Page 235 of 325
Within 120 days after the acceptance of this Agreement, Buyer may, at its sole expense, have
the property inspected by a person or persons of its choice to determine if there are any
environmental or other deficiencies, and during such period Buyer may conduct other studies,
investigations and feasibility review. Seller shall cooperate in providing reasonable access to
Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any
deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the
Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in
writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so
modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case
this Agreement shall be null and void, and any earnest money shall be returned to Buyer.
8. ABSTRACT AND TITLE. Seller shall, at its own expense, obtain an abstract of title to
the Property continued through a date that is within 30 days of the closing, and shall deliver it to
Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this
Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make
every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability
to provide marketable title, this Agreement shall continue in force and effect until either party
rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall
become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of
any additional abstracting and title work due to any act or omission of Seller, including transfers
by or the death of Seller or its assignees.
9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a
registered land surveyor prior to closing if a survey is required by law. If the survey shows an
encroachment on the Property or if any improvements located on the Property encroach on lands
of others, the encroachments shall be treated as a title defect.
10. ENVIRONMENTAL MATTERS.
A. Seller warrants to the best of its knowledge and belief that there are no abandoned
wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks
located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -
formaldehyde foam insulation which require remediation under current governmental
standards, and Seller has done nothing to contaminate the Property with hazardous wastes or
substances. Seller warrants that the property is not subject to any local, state, or federal judicial
or administrative action, investigation or order, as the case may be, regarding wells, solid waste
disposal sites, hazardous wastes or substances, or underground storage tanks. Any other
exceptions to the warranties set forth above are fully described here or on a separate addendum
attach hereto:
I c41 -- 5 2 . COV'n �' of n ,l 71 C,2 , ` fO
op. '�C.r c> �G 11 G 1 r �CP.4��JC soce'�t eN
3 ) y �R�c�c.�i rG Tein< — (4,1-0`CQ-ctr' 1-0Cnv k atal hie -
B. Seller hereby represents that, to the beg of its knowledge and elief, there is�iio active
or abandoned septic tank or septic system on the property, except as described here:
2
Page 236 of 325
C. Buyer may, at Buyer's expense, have the Property inspected further for the existence
of any hazardous materials, substances, or wastes. Seller shall cooperate in providing
reasonable access to Buyer's inspectors and engineers. Seller shall provide to Buyer a copy of
any report or information in Seller's possession with respect to environmental assessment,
investigation, testing or remediation. If hazardous materials, substances, or wastes are
discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal
of such materials, substances, conditions or wastes or other resolution of the matter reasonably
satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of
$1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have
the option to cancel this transaction and refund to Buyer all earnest money paid and declare
this Agreement null and void. The expense of any action necessary to remove or otherwise
make safe any hazardous material, substances, conditions or waste shall be paid by Seller,
subject to Seller's right to cancel this transaction as provided above. Notwithstanding the
above, asbestos on the premises is not included in Seller's remediation duties as Buyer will
remove same at its own expense in connection with demolition.
11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by
warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this
Agreement. General warranties of the title shall extend to the time of delivery of the deed
excepting liens and encumbrances suffered or permitted by Buyer.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately
preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of
survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the
Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the
Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants
in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price
due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller
consistent with Paragraph 15.
13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately
preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of
dower, homestead, and distributive share or in compliance with Section 561.' 3 o f the Codo of
Iowa and agrees to execute the deed or real estate contract for this purpose. N/A.
14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the
Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of
such lien, showing the correct balance due.
15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
16. 1031 EXCHANGE. If Seller desires to structure a 1031 tax -deferred exchange in
connection with the proposed transaction, Buyer agrees to cooperate, at no cost to Buyer, with any
reasonable request from Seller, and to execute any reasonable documentation requested by the
exchange agent, to facilitate an exchange.
3
Page 237 of 325
17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship,
or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by
Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for
court approval. In that event a court officer's deed shall be used to convey title.
18. REMEDIES OF THE PARTIES.
A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the
Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon
thirty days' written notice of intention to accelerate the payment of the entire balance because
of Buyer's default (during which thirty days the default is not corrected), Seller may declare
the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed
in equity and the Court may appoint a receiver.
B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments
made returned to it, or Buyer may require specific performance by Seller.
C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law
or in equity available to them, and the prevailing parties shall also be entitled to obtain
judgment for costs and attorney fees.
19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when
it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the
addresses given below.
Seller: Black Hawk Machinery Sales, Inc.
54 Lane Street
Waterloo, IA 50703
Attn: President
Buyer: City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Attn: Community Planning & Development Director
20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall
be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such
rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind
the successors in interest of the parties. This Agreement shall survive the closing. This Agreement
contains the entire agreement of the parties and shall not be amended except by a written
instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference
and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be
construed as in the singular or plural number, and as masculine, feminine or neuter gender
according to the context.
21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real
estate agent or broker in connection with this transaction.
4
Page 238 of 325
22, ADDITIONAL PROVISIONS.
A. The parties acknowledge that Buyer is acquiring the Property for economic development
purposes. Buyer's rights and duties under this Agreement are assignable to any person or
entity that will further the economic development objectives contemplated by Buyer.
B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures
below by representatives of Buyer, this Agreement is expressly subject to approval by the
city council of Buyer.
C. Seller shall have the right to conduct salvage activities on the Property, to be completed
within 180 days after Seller's acceptance of this Agreement. Any personal property or
fixtures of any type or nature that remain on the Property after closing shall be deemed
abandoned by Seller, and Buyer shall be free to keep or dispose of same in any way or at
any time that Buyer chooses, without further compensation to Seller. Seller shall remove
all hazardous materials and/or substances from the Property on or above the ground
surface, including but not limited to barrels, cans, bottles or containers of any kind. Seller
agrees to use reasonable methods to keep the Property secure against entry by unauthorized
persons and to prevent hazards to personal safety.
D. Seller shall have an option to purchase from Buyer the property identified as parcel no.
8913-25-254-008 for the sum of $1.00, subject to execution of a development agreement
for a project that is reasonably satisfactory to Buyer, and on terms acceptable to Buyer.
Such option must be exercised within twenty-four (24) months after the closing date hereof.
Buyer must exercise its option by delivery of written notice to Seller.
23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the
parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or
agreements between the parties with respect to the subject matter hereof.
24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not
accepted by Seller on or before May 31, 2022, Buyer may retract this Agreement it shall the
null and void.
BUYER
City of Waterloo, Iowa
Accepted by Seller
SELLER
Black Hawk Machine
By: By:
Mayor Presiders
Attest:
City Clerk
'y Sales, Inc.
5
Page 239 of 325
Page 240 of 325
BeaconTn t Black Hawk County, IA
Parcel ID 891325259010
Sec%rwp/Rng n/a
Property Address 54 LANE ST
WATERLOO
940001
District
Alternate ID n/a
Class C
Acreage n/a
Overview
Legend
Water
❑ Parcels
Owner Address BLACK HAWK MACHINERY SALES INC
54LANEST
WATERLOO, IA50702
Brief Tax Description LANE AND FOWLERS SECOND ADD LOT 1 BLK 14LOT 2 BLK 14 LOT 3 BLK 14 S 40 FT LOT 4 BLK 14 S 40 FT LOT 5
BLK 14 E 40FTLOT
(Note: Not to be used on legal documents)
These maps do 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. These maps are compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contain information required for
local government purposes. See the recorded documents for more detailed legal information.
Date created: 6/17/2022
Last Data Uploaded: 6/16/2022 11:35:41 PM
Developed by4 u Schneider
GEOSPAYIAL,
Page 241 of 325
Page 242 of 325
CITY OF WATERLOO
Council Communication
Resolution approving FY 2023 Professional Services Agreement payment to Grow Cedar Valley, in the
amount of $69,687.50, for incentives and semi-annual performance pay, and authorizing the Mayor and City
Clerk to execute said documents.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description
❑ Dec 2022 invoice
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Neighborhood Impact:
Type
Backup Material
Resolution approving FY 2023 Professional Services Agreement payment to
Grow Cedar Valley, in the amount of $69,687.50, for incentives and semi-
annual performance pay, and authorizing the Mayor and City Clerk to
execute said documents.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approve resolution
The contract with Grow Cedar valley has paid them the Base Pay, and they
have also earned the Incentive Pay and Semi -Annual Performance pay as
noted on attachment.
Incentives - CPM project combination of jobs, assessed value, and per acre
size equals $61,500.
Semiannual Performance Pay - staff has worked with several potential
projects with Grow Cedar Valley for this portion in sharing of information,
presentations, etc.
NA
Data/Analysis and Strategies: Work towards proactive economic development methods and actions
Implementation, Accountability, Payments based on actions, steps, and projects realized
and Communication:
Community Engagement
Methods:
NA
Expenditure Required/Source of$69,687.50
Funds:
Alternative:
NA
Page 243 of 325
GROW
CedarValley
DATE: November 29, 2022
BILL TO:
Noel Anderson
City of Waterloo
715 Mulberry Street
Waterloo, IA 50702
FOR: FY23 City of Waterloo Professional Services Agreement w/GCV
Description Amount
Section 4 — Funding
4a) FY 2023 Base Payment Request (1st Half) $15,312.50
4b) FY2022 Project Incentive -- CPM Roskcamp $68,625.00 maximum
• 5 new jobs meet 100% regional wage rate x $2,500 each
4 $8M min. AV at $1,000 per $250k increased AV
® $1k per acre (10,0001sf built) @ 17 of 20 acres qualifying (170,000/sf)
$61,500
4c) Semi -Annual Performance Payment —(1st Half Request) $11,062.50
Total $85,000.00
Make all checks payable to:
Grow Cedar Valley, 360 Westfield Avenue, Suite 300, Waterloo, IA50701
360 Westfield Ave., Ste. 200/Waterloo, IA S0701 " 319/232.1156
/0 J- Og Sias` - 136
GrowCe
darValley corn
Page 244 of 325
GROW
CedarValley
DATE: November 29, 2022
BILL TO:
Noel Anderson
City of Waterloo
715 Mulberry Street
Waterloo, IA 50702
FOR: FY23 City of Waterloo Professional Services Agreement w/GCV
Description
Section 4 — Funding
4a) FY 2023 Base Payment Request (1st Half)
4b) FY2022 Project Incentive — CPM Roskcamp
• 5 new jobs meet 100% regional wage rate x $2,500 each
• $8M min. AV at $1,000 per $250k increased AV
• $1k per acre (10,000/sf built) @ 17 of 20 acres qualifying (170,000/sf)
= $61,500
4c) Semi -Annual Performance Payment (1st Half Request)
Total
k.(R°
Make all checks payable to:
Grow Cedar Valley, 360 Westfield Avenue, Suite 300, Waterloo, IA'50701
$11,062.50
$85,000.00
Amount
$15,312.50
$58,625.00 maximum
,M�
/ -G0 -
/D ►- £ ao5-
360 Westfield Ave., Ste. 200/Waterloo, IA 50701
' 319/232.1155
GrowCedarValley:com
Page 245 of 325
June 20, 2022
Page 19
that "Resolution approving an incentive payment to Grow Cedar Valley, in the amount of
$46,500.00, for work towards FY 2022 economic development", be adopted. Roll call vote -Ayes:
Six. Motion carried.
Mr. Boesen requested an overview of the contract and metrics for receiving the bonus.
Noel Anderson, Community Planning and Development Director, provided an overview of the
contract.
Resolution adopted and upon approval by Mayor assigned No. 2022-404.
107508 - Nichols/Amos
that "Resolution approving the FY 2023 Professional Services Agreement with GROW Cedar Valley,
in the amount of $30,625.00, with $58,625.00 in potential incentive funds, and authorizing the Mayor
and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-405.
107509 - Boesen/Nichols
that "Resolution to amend and restate the Development Agreements with Avita Developments, LLC,
originally approved May 5, 2008 and July 16, 2018, including associated amendments and Minimum
Assessment Agreements to assign the agreement to new ownership, and authorizing the Mayor and
City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-406.
107510 - Boesen/Nichols
that "Resolution approving Subordination Agreement between the City of Waterloo, Self -Help Credit
Union, Self -Help Ventures Fund, and Central Property Holdings, LLC, for the grocery store project
on Franklin Street, and authorizing the Mayor and City Clerk to execute said document", be adopted.
Roll call vote -Ayes: Five. Nays: One (Boesen). Motion carried.
David Dryer, 3145 W. 4th Street, questioned if we are giving Central Property Holdings free money
with no interest, or portion of the business coming back to the city.
Eric Johnson, Attorney for All hi Grocers, provided an overview of the item and explained that the
financing pieces have moved around and the lenders have required the subordination agreement be
updated.
Mr. Boesen commented that in December 2021, the council was pushed to approve an agreement
because the funding was going to close in a week. He questioned what happened between December
and now.
Eric Johnson explained this is not an easy project but a necessary one. Over time, the developers have
had doors closed and had to start again. In December it was thought there would be government
funding that was imminent, which was not the case. Those funds were then found from other lenders
who agreed to put money into this project.
Mr. Boesen expressed his concern that the project may not close at the end of June and questioned if
the developer has all his funding lined up. He stated on August 17th, it will have been five years since
this began.
Eric Johnson stated he does believe this will happen in the next week or so.
Mr. Boesen commented that the city, cash wise, is in for approximately $900,000.00 on this project,
with a total city investment of about $2.25 million dollars.
Noel Anderson, Community Planning and Development Director, explained the various costs.
Mayor Hart questioned why there was a grant in the first phase for the CVS Property.
Page 246 of 325
Page 247 of 325
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Check Sort Code:
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Invoice Terms:
Check Code:
GROW CEDAR VALLEY
Hold Reason:
Manual Check: No
360 WESTFIELD AVE 200
Check Number:
WATERLOO, IA 50701
Total Amount
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Invoice Amount Expensed:
r1
Total Invoice Items:
12/6/2022 9:08:28 AM
User: Pattie Magee
Page 248 of 325
Page 249 of 325
CITY OF WATERLOO
Council Communication
An ordinance rescinding Ordinance No. 3069, an ordinance granting permission to Schoitz Memorial Hospital
to construct and maintain a service tunnel below and across Ridgeway Avenue.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description
D Ordinance No 3069 to be rescinded
❑ Aerial map
❑ Kwik Star Ridgeway Site Plan
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Neighborhood Impact:
Type
Backup Material
Backup Material
Backup Material
Motion to receive, file, consider, and pass for the first time an ordinance
rescinding Ordinance No. 3069, an ordinance granting permission to Schoitz
Memorial Hospital to construct and maintain a service tunnel below and
across Ridgeway Avenue.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt said
ordinance.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval of the action to rescind the previous ordinance.
On January 21, 1980, the City of Waterloo adopted Ordinance No. 3069, an
ordinance granting permission to Schoitz Memorial Hospital to construct
and maintain a service tunnel below and across Ridgeway Avenue. The
tunnel was constructed and maintained under Ridgeway Avenue for many
years, but Mercy One, the predecessor to Schoitz Memorial recently sold
the hospital property, and the hospital has been demolished and the site
replated into commercial lots. The tunnel was decommissioned and filled in.
However, Kwik Trip Inc., the proposed purchase of Lot 3 of Schoitz
Addition has determined that Ordinance grant creates an encumbrance and a
clout on title. To clear the title issue, the staff proposes to rescind the
previous ordinance, as there is no longer any plans to maintain a tunnel on the
property.
None
Expenditure Required/Source ofNone.
Funds:
Page 250 of 325
Ate` O.RD,INANC CRINr'I'f R F3 IISS:'x' `,:T .-SCi 0i7�
EM0RIA� }f.CSP" TA "1 O CONSI R[JCT;` D T Al NTI\I:N
: ;°StRVICE' TUNNEL:.BELOW4' AN17';JCROSS., IDGE: Y ; --
=II:FNUE: . • .
tiOW,,. THHEP,,Ei"ORE, • BE IT ORDAINED BY THE'. COUNCIL..6l THE CITY of.,::OWA", ; A'S: FOLLOWWS :. '
CT -fV ' T :' 3°i,a:t peYrni ss• on' 1,s'hereby
grari-€�d•:.'tiri •Sc"1icri t 4z q6tioria z7
os,p_ita '`.tip' co'i st uc .r ;nd'::'npi: ni iri a=service tunnel be] any .across
i;d.gq..1 -Ni :e u f:: `' ;; inneL;y.12.f€et:,:4: inehes.•:wide.and '100 feet' in Tenth
t rrn n ,i:gh _of=iay ' re of Ridgeiray Ayelm e, is • located
;tr'ri•°ihe.'.;Tacid.he's°cr. steed`: n-Exhibi'tHi.A'n, attached- !Ter eto:.
E'CT.TtN`'2., ' .'That �i�1.r -,hater=al;; design, arid.:method of .cons•truction
ise;°in;.:aecoi .da.rice .with': the''flu ding' 'Cone .and sha i i he• subject to:: a.ppro:va
•
;o.;..,tha'[3ui:i'd: i g OFfic%al- when .final {alats.:. 'r.,e::=submitted=` or.: -; uildi g
e' ain.i.;t . - . ..
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upon the a •o:e=de5;cr�'bed.`a.uinel.'�" %.:
•"-• ' .J„ ' :
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City of Waterloo Planning, Programming and Zoning Commission
January to, 2023
LIFESTYLE LN
E. RIDGEWAYAVE
Property Requesting Vacate
E. RIDGEWAYAVE
East of 115 Ridgeway Avenue
Easement Vacate
Cio Investments, LLC
7tlID
Page 253 of 325
X ELEC -
X VITR
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
X-ELE€ --=0- X ELEC
/ / / / / / / /
TRENCH DRAIN#2
RIM 949.35
INV. 945.35
NEW CB#4
RIM 948.65
'INV. 945.15
X ELEC
X WTR X WTR WTR
Page 254 of 325
- NEW CB#2
RIM 948.05
INV. 943.97
130LF 15" H.D.P.E. @ 0.37
32LF6"PVC @ 1.05%l
\(48"5URY OR INSULATE PIPE)
0
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INV. 945.35�
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<1 2411 15" 11.D.P.E. @ •.3%
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SPA ENT Elia
05LF 1 2" H.D.P.E. @ 0.76%
PAVEMENT FLUSH
3 LF 8" PVC @ I .05%
(48" BURY OR INSULATE PIPE)
20 LF G" PVC @ 1.05% MT.
(48" BURY OR INSULATE PIPE)
NEW CB#6
X WTR RIM 946.65
INV. 942.65
CAR WASH ■
FFE=949.637
CONVENIENCE
STORE
FFE=950.30
0LF8"PVC @ 1.05%
(48"BURY OR INSULATE PIPE)
�4 LF 10" PVC 1.
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RIM 946.65 -XWTR
INV. 942.25
SEE DETAIL
E. RIDGEW ENUE
CONNECT NEW 15" RCP TO EX.
SDMH AT INV. ELEV. = 941.13±.
FIELD VERIFY SIZE, ELEVATION,
AND LOCATION PRIOR TO START
OF CONSTRUCTION.
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(48"BURY OR INSULATE PIPE)
r1 I ,1
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<�
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NEW CB# I
RIM 948.40
INV. 943.60
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STORMWATER DRY POND
POND BOTTOM = 940.40
100-YR HWL = 944.40
IM 948.
INV. 939.
NEW APRON#7
INV. 943.50
NEW OUTLET STRUCTURE# I 0
SEE DETAIL SHEET SP3. 1
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NEWMH#I I?
RIM 948.35± <
INV. 939.9±
REMOVE EX. SDMH. CONSTRUCT
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RCP AT INV. ELEV. = 939.9±.
FIELD VERIFY SIZE, ELEVATION,
AND LOCATION PRIOR TO START
OF CONSTRUCTION.
REMOVE EX. STORM SEWER PIPE
AND STRUCTURES ONCE NEW 15"
RCP IS IN PLACE. FIELD VERIFY
SIZE, ELEVATION, AND LOCATION
PRIOR TO START OF
CONSTRUCTION.
Know what's below.
CaII before you dig.
PLOTTING NOTE: PLANS PLOTTED TO 1 1 x 1 7
SHEET SIZE AREY2 SCALE- 1 "=60'
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
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
Council Communication
An Ordinance Repealing and Replacing The City of Waterloo Fireworks Ordinance
City Council Meeting: 1/17/2023
Prepared: 1/6/2023
ATTACHMENTS:
Description Type
❑ Ordinance as proposed 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 13,
Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations, and
enacting in lieu thereof a new Section 13, Fireworks.
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:Martin Petersen, City Attorney
Neighborhood Impact: Chaos.
Page 255 of 325
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF
ORDINANCES BY REPEALING SECTION 13, FIREWORKS, OF
CHAPTER 2, GENERAL OFFENSES, TITLE 5, POLICE REGULATIONS,
AND ENACTING IN LIEU THEREOF A NEW SECTION 13.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS
FOLLOWS:
Section 1. That Section 13, Fireworks, Chapter 2, General Offenses, Title 5, Police Regulations is
hereby repealed and a new Section 13, Fireworks, Chapter 2, General Offenses, Title 5, Police Regulations
is enacted in lieu thereof as follows:
5-2-13: FIREWORKS:
A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa
Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this
reference.
B. Prohibitions And Use:
1. It shall be unlawful for any person to use or explode any consumer fireworks within the
corporate limits of the City of Waterloo except on July 4 of each year between the hours of
twelve o'clock (12:00) noon and eleven o'clock (11:00) P.M. Any additional days of allowed use
may be designated by resolution of council if adopted between the dates of January 1 and March
1 of each year to apply the same calendar year. This section shall not apply to novelty fireworks
as defined by Iowa Code section 727.2.
2. The use of consumer fireworks that mimic display fireworks or rise to one hundred fifty
(150) decibels or to two hundred ten feet (210') elevation is banned from use at all times within
the corporate limits of the City of Waterloo unless the user has obtained a permit as provided in
subsection D below.
3. Consistent with the Code of Iowa, use of fireworks within the corporate limits of the City
of Waterloo, when such occurs on July 4, shall only occur on the user's owned real property, or
on real property where the owner has given consent prior to use. Use of fireworks, unless a
permit has been obtained, is not allowed on city -owned property, public sidewalks, rights of way,
streets, parks, or parking lots.
4. It shall be prohibited to direct the use of consumer fireworks in any direction other than
onto the user's owned real property or the real property where the owner has given prior consent.
5. All consumer firework debris shall be removed from the user's real property or wherever
such use has resulted in its debris being located.
C. Exceptions: This section shall not apply to the use of blank cartridges for a show or the
theater, for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a
recognized military organization, or for use in military funerals. Provided further, this section
Page 256 of 325
Ordinance No.
Page 2
does not apply to any substance or composition prepared and sold for medicinal or fumigation
purposes.
D. Enforcement:
1. Citations for violations of this section 5-2-13 shall be directed to the person
observed/found to have committed the violation or the owner of real property on which the
evidence of violation exists. Furthermore, where evidence of violation of noise or nuisance
ordinances exists, such citations may also be written.
2. The vendors of fireworks shall be monitored during sales periods as to type of consumer
fireworks sold and for compliance with subsection 5-2-13(F).
E. Permit: Subsection B of this section shall not apply to anyone who has applied in writing
and has received approval from the Council for the use of consumer fireworks or display
fireworks anywhere in the City on any date when the fireworks display will be handled by a
professional operator, as referenced in section 9-2C-4 of this code.
F. Sales: A seller of consumer fireworks must possess a license from the State Fire Marshal.
Any retailer or community group selling consumer fireworks must prominently display, at the
entrance and exit sites, signs informing customers that the use of consumer fireworks is
prohibited within the corporate limits of the City of Waterloo except as authorized by this
section.
G. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not
less than two hundred fifty dollars ($250.00).
Section 2. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
INTRODUCED: , 2023
PASSED 1st CONSIDERATION: , 2023
PASSED 2nd CONSIDERATION: , 2023
PASSED 3rd CONSIDERATION: , 2023
PASSED AND ADOPTED this day of , 2023.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle
City Clerk
Page 257 of 325
CITY OF WATERLOO
Council Communication
An ordinance amending the City of Waterloo Code of Ordinances by repealing Title 5, Police Regulations,
Chapter 1 Animal Control, and enacting in lieu thereof, a new Title 5, Police Regulation, Chapter 1 Animal
Control.
City Council Meeting: 1/17/2023
Prepared: 1/6/2023
ATTACHMENTS:
Description
Title 5, Police Regulations,
Ordinance
Title 5, Police Regulations,
Ordinance Revisions
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Chapter 1 Animal Control
Chapter 1, Animal Control
Type
Backup Material
Backup Material
Motion to receive, file, consider, and pass for the first time an ordinance
amending the City of Waterloo Code of Ordinances by repealing Title 5,
Police Regulations, Chapter 1 Animal Control, and Article A, Dogs and
Cats, and enacting in lieu thereof, a new Title 5, Police Regulation, Chapter 1
Animal Control and Article A, Dogs and Cats.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and
adopt said ordinance.
Submitted By: Randy Bennett, Public Works Division Manager
Repeal and replace Title 5, Police Regulations, Chapter 1 Animal Control
Animal Control fee schedule removed from ordinance and to be set by
resolution.
Page 258 of 325
5-1-1: ANIMALS AT LARGE:
A. Prohibited: No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys,
chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at
large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in
front of any person's premises, without the consent of such person, nor shall any animal be
permitted to be staked or tied out to graze in public streets, alleys or avenues of the city.
B. Violation: Any animal found in violation of the provisions of any of the subsections of this
section by a sanitary inspector, animal control officer or any police officer of the city, or any
other person, may be apprehended and impounded with the city, or an alternate pound or
shelter designated by the city. It shall be unlawful for any person employed by the city, or any
person employed by or connected with the animal pound or shelter or any society or
organization operating or maintaining such pound or shelter under lease or contract with the
city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever,
any animal impounded in such pound or shelter to any person, organization or research facility
for the purpose of using such animal as food, unless such animal is of a type that is customarily
used for food, or for the purpose of medical experimentation unless the research facility, person
or organization desiring such animal for medical experimentation is duly approved and
authorized by the state to conduct such experimentation, or for any other purpose except for
pets and related activities.
C. Harboring: The harboring of any animal requires that the following guidelines be followed:
1. All such species must be restrained upon the owner's property and penned (housed or
stabled) in such a manner that the animals will not place any person in fear of attack.
2. All animals that are included in this section shall be required to have adequate space as
so designated by the zoning ordinance according to the size and needs of the various animals,
and each animal shall be so restrained in an area to allow proper exercise for the particular
species involved.
3. When the owner restrains (harbors) any animal in an area not adjoining the owner's
residence, the owner shall post his name, address and phone number at the place where the
animal is being restrained (harbored).
D. Registration: Any wild, nondomestic animals, reptiles or birds, in captivity in the
metropolitan area of the city, except such animals that are within the city for the purposes of
display by a show, act, carnival, zoo, circus or promotional agency, which are known to be
dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of
the city: the animal control officer, the police department and the Humane Society. If such
animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional
agency, then such group shall show adequate and ample restraints placed upon the animals as
to protect the health and safety of the exposed public.
If such animal becomes at large within the city and poses a threat to the public, it shall be
assumed that the owner has given consent to eliminate the animal with the cost to be borne by
the owner. The mayor, the animal control officer or any police officer may order the elimination
of such animal.
E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or
impounded in accordance with the provisions of this chapter shall be liable to pay all costs of
impoundment to the Humane Society. The costs of impoundment shall include all feed and
boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable
diseases, fees for sedation and special handling, and charges for reasonable medical services,
Page 259 of 325
equipment or supplies. In addition, the owner or caretaker shall pay to the Humane Society a
redemption fee according to the Humane Society's fee schedule then in effect. When a dog or
cat is returned to the owner or caretaker by animal control, the owner or caretaker shall pay a
pick up fee in an amount determined from time to time by resolution of the city council. All fees
or charges of any type or nature shall be paid in full at the time the animal is redeemed from the
Humane Society or taken home by animal control. (Ord. 5204, 3-10-2014)
5-1-2: SWINE PROHIBITED; EXCEPTIONS:
A. No person shall keep or harbor any pigs or have any pigpens or pigsties within the city,
except as follows:
1. Nothing contained in this section shall prevent the harboring and keeping of pigs and
use of pig pens and sties in connection with a general farming operation on tracts of farmland of
the size of forty (40) acres or greater.
2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties
within the confines of any meatpacking plant where such pigs have been brought for butchering
and processing.
3. Nothing herein contained shall prevent the keeping of pigs which are housed at the
Sunrise Exchange Club Petting Zoo.
B. The provisions of this section shall be subject to the provisions of this code and other
ordinances of the city relating to nuisances. (Ord. 5204, 3-10-2014)
5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS:
A. The animal control officer, his agents or any police official shall be able to use a
tranquilizer gun or any other drug to bring an animal at large under control.
B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a
threat or danger to the general public or to the city officer trying to bring the animal under
control.
C. If it becomes necessary for the animal control department or the police department to use
a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be
held responsible for any damage done to the animal by the use of the tranquilizer gun or other
drugs.
D. The owner of the animal that needs sedation to bring it under control shall pay for costs of
the sedation and for the care and feeding while the animal is under control of the city or the
Humane Society. (Ord. 5204, 3-10-2014)
5-1-4: DISPOSAL OF DEAD ANIMALS:
A person caring for or owning any animal that has died shall not allow the carcass to remain
about his or her premises. Such carcass shall be disposed of within twenty four (24) hours after
death. (Ord. 5204, 3-10-2014) Animal control shall charge a pick up fee in an amount
determined from time to time by resolution of the city council.
5-1-4A: LANDLORD LIABILITY:
Landlords are responsible for any fees charged for removal of abandoned animals or
animals left at a property due to eviction or a tenant's extended illness or death.
Page 260 of 325
5-1-5: TRAPPING RESTRICTIONS:
No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any
structure or building for the purpose of taking, killing, maiming, wounding, ensnaring or
capturing an animal or which is injurious to persons or animals, except for the following:
A. Any trapping by a governmental unit to capture animals which are creating a public
nuisance or for the protection of public or property;
B. Licensed pest and rodent control persons in protection of private property;
C. During the season allowed by the state conservation commission for taking of furbearing
animals on parcels of land privately owned of forty (40) acres or more, or public land controlled
by a governmental agency issuing such rights to trapping;
D. Wire cage box traps may be used to remove nuisance pests from private property; said
traps must be checked every thirty (30) minutes.
E. Traps may be rented from animal control for a five (5) day period to remove nuisance
pests, however, the trapper is required to transport dogs and/or cats to the Humane Society.
The rental fee shall be an amount determined from time to time by resolution of the city council.
Wildlife shall be transported, by the trapper, and released unharmed to an area outside
Waterloo city limits.
F. A private property owner on his private property in order to control small rodents, such as
gophers, moles and other similar animals. (Ord. 5204, 3-10-2014)
5-1-6: CRUELTY TO ANIMALS:
A. No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are
encouraged or made to perform through the use of chemical, electrical or mechanical means or
devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or
fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or
protection from the weather, or cruelly abandon the same, or shall commit any other act of
omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any
animal or fowl, whether the acts or omissions herein contemplated be committed either
maliciously, willfully or negligently, and if any person shall knowingly permit such act or omission
or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor.
(Ord. 5204, 3-10-2014)
B. When the temperature falls below thirty degrees Fahrenheit (30°F), with wind chill factor
applied, or when the heat index is at least eighty-five degrees (85°), no animal may be
restrained outdoors by tethering for more than fifteen (15) minutes without access to adequate
food, adequate water, and an outdoor facility that provides adequate protection from the
elements. In any circumstances, a tethered animal must have access to an outdoor facility that
provides adequate protection from the elements. (Ord. 5204, 3-10-2014)
5-1-7: USE OF ANIMALS RESTRICTED:
A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed
or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a
prize, premium or advertising device, or displayed in any store, shop, carnival or other public
place.
B. Use As Advertising Devices:
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1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or
offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity
of less than twelve (12) birds to an individual person unless sold by a person engaged in the
business of selling chicks, ducklings and goslings for agricultural or wildlife purposes.
2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public,
shall provide and operate brooders or other heating devices that may be necessary to maintain
the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate
water available to the birds at all times. (Ord. 5204, 3-10-2014)
5-1-8: SANITARY CONDITIONS MAINTAINED:
A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any
dog, cat, horse or other animal to permit excrement or droppings from any of said animals to
collect on the premises of said person causing odor or an unsanitary condition. Each owner,
caretaker or person in charge of an animal shall prevent said animal from interfering with any
neighboring residents' peaceful and quiet enjoyment of their property.
B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in
charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible
any excrement or droppings deposited by said dog, cat, horse or other animal on any real
estate, whether privately owned or publicly owned, other than on the premises of the owner,
caretaker or person in charge; provided, however, that the foregoing does not apply to
excrement or droppings deposited by Waterloo police dogs or horses when police officers are
using said dogs or horses for official police duties.
C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who
owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning
ordinance, and who intends to install a confined waste system shall conform to all of the
following requirements:
1. The confined waste system container (hereinafter "container") shall have a maximum
volume of two and thirty six hundredths (2.36) cubic feet or seventeen and seventy two
hundredths (17.72) gallons.
2. The container shall be placed in an area of the property not normally occupied or used
for play or recreation, and the container shall be buried so that the lid remains exposed.
3. The container shall have a waterproof lid that shall remain closed at all times. The lid
may be removed only when animal excrement or droppings are deposited or added. The lid
shall, thereafter, be immediately replaced.
4. Lime or activated enzymes shall be added periodically to promote the continued
decomposition of waste.
5. Enforcement of this subsection shall be by the Black Hawk County health department
and/or the animal control officer, as designated by the city council. (Ord. 5204, 3-10-2014)
A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient
shade shall be provided to allow all any animal kept outdoors to protect itself from the direct
rays of the sun.
B. Shelter From Rain Or Snow: Any animals kept outdoors shall be provided with access to
shelter to allow them to remain dry during rain or snow.
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C. Shelter From Cold Weather: Shelter must be provided for all animals kept outdoors when
the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient clean
bedding material or other means of protection from the weather elements shall be provided
when the ambient temperature falls below that temperature to which the species is acclimated.
Pet carriers, crates and pet taxis are not considered adequate shelter against the cold.
5-1-10: ANIMALS BITING PERSONS:
A. Duty To Report: It shall be the duty of the owner or caretaker of any dog, cat or any other
animal which has bitten or attacked a person, or of any person having knowledge of such bite or
attack, to report this act to the health department, police department or animal control. It shall be
the duty of physicians or veterinarians to report to the health department the existence of any
animal known or suspected to be suffering from rabies.
B. Confinement: When a member of the health department, police department, animal
control or humane officer receives information that any person has been bitten or attacked by an
animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order
the owner or caretaker to confine such animal in the manner and place the official directs. If the
owner or caretaker fails to confine such animal in the manner directed, the animal shall be
apprehended and impounded by such official, and after ten (10) days the animal may be
humanely destroyed if it is not redeemed. Before such animal is returned to its owner or
caretaker, all fees and charges of impoundment as set forth in subsection 5-1-1 E of this chapter
must be paid in full. (Ord. 5204, 3-10-2014)
5-1-11: NOISY OR ANNOYING ANIMALS:
It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow
said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons
by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the
unreasonable annoyance of others. After the first written warning, residents of at least three (3)
neighboring households must sign a citation or a petition. If the party charged pleads not guilty,
the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or
other animal shall constitute in evidence a prima facie presumption of permission of the owner
in any proceedings charging any violation of this subsection. (Ord. 5204, 3-10-2014)
5-1-12: CHRONIC VIOLATORS:
A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three
(3) times in any period of twelve (12) months, with a violation of this chapter that requires a
service call by animal control to a specific location, a nuisance is hereby declared to exist due to
excessive service calls by animal control that place an undue and inappropriate burden on the
taxpayers of the city, and said person shall be charged a nuisance service fee for subsequent
responses involving the same person or his or her household. The fee shall be an amount
determined from time to time by resolution of the city council. For hourly billing, any fraction of
an hour is tabulated as a complete hour.
B. Written notice that a person is a chronic violator of this chapter shall be directed to such
person, and such notice is appealable to the city council as set forth in section 5-1-13 of this
chapter.
C. For any person whose status as a chronic violator is not overturned on appeal, any
subsequent service fees chargeable to such person after the date of initial notice will be
assessed against the person's property, as shown by the city's animal licensing or registration
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records, in the manner of a property tax if the service fees are not paid within thirty (30) days.
(Ord. 5204, 3-10-2014)
5-1-13: ADMINISTRATIVE PROCEDURES:
A. Notice: Any notice or order issued under this chapter shall be in writing and shall be
delivered either personally, by certified mail or by conspicuous posting on the entry door of the
premises. A notice or order shall be deemed to have been delivered at the time of personal
delivery, three (3) business days after the date of mailing, or one business day after posting.
B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily
rate of impoundment at animal control multiplied by forty five (45) days, but not to exceed an
amount determined from time to time by resolution of the city council. The bond may be filed as
a cash bond or a surety bond executed by a solvent company authorized to do business in the
state of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice
or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be
refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of
this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in
subsection 5-1-1E of this chapter, through the appeal process shall be charged against the
bond, and the owner or caretaker shall be liable for any excess.
C. Appeal Procedure:
1. Any individual or entity desiring to appeal a notice or order issued by animal control may
do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery
of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition,
a filing fee in an amount determined from time to time by resolution of the city council must also
be paid to the city clerk for the appeal to be considered filed.
2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the
receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length
or such additional time as the city council in its discretion may deem necessary. If the appellant
desires additional time, he or she must make application to the city council for an extension at
least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal,
without regard to technicalities of procedure or rules regarding admissibility of evidence. The
city council may consider any evidence it considers credible, including written summaries and
other secondary sources, and give such weight to the evidence as it considers warranted. After
such hearing, the city council by simple majority may affirm or reverse the finding or order of the
animal control officer. Such determination shall be contained in a written decision and shall be
filed with the city clerk within ten (10) days after the hearing, or any continued session thereof,
and the city clerk shall deliver a copy of the decision to the appellant. (Ord. 5204, 3-10-2014)
5-1-14: ENFORCEMENT:
A. In addition to any police officer of this city, animal control officers shall have police powers
in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any
such officer in the exercise of his or her powers. For the purpose of discharging the duties
imposed by this chapter and to enforce its provisions, any officer is empowered to enter upon
any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by
the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had
the proper rabies vaccination tag.
B. If a police officer or animal control officer shall find upon inspection of a private premises
that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate
feed, water or shelter, the officer may remove said dog, cat or other animal to the city
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impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control
shall give written notice to the owner, if known, within two (2) days. If the owner does not
redeem the dog, cat or animal within five (5) days after the date of the notice, or if the owner is
not known and animal control is not contacted by an owner or caretaker within three (3) days
after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as
determined by animal control, may be disposed of by sale or by donation to a suitable animal
shelter or rescue organization. Fees and charges of said removal and boarding of said animal,
as set forth in subsection 5-1-1E of this chapter, shall be paid by the owner or caretaker of the
dog, cat or other animal from whom it was taken. (Ord. 5204, 3-10-2014)
5-1-15: DEFINITIONS:
For purposes of this chapter, including each article under this chapter, unless the context
indicates otherwise, the following words and phrases shall have the meanings respectively
ascribed to them in this section:
ANIMAL CONTROL: The city department and its officers that have been appointed by the city
council to enforce the animal control ordinances of the city, or another governmental agency or
private party which the city council has appointed by contract for such purpose.
AT LARGE: An animal is at large if it is found within the city off the premises of its owner or
caretaker, however, an animal will not be deemed at large if:
A. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter.
B. It is under the control of authorized public safety personnel.
C. It is under the control of a professional handler for special events including, but not limited
to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal
assisted therapy.
In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be
deemed at large if: a) it is restrained by a rope, leash, cord, chain, or restraining device not less
than ten feet (10') in length, or is properly restrained within a motor vehicle or trailer, or b) it is
within the fenced boundaries of an area designated by the city as a dog park and the owner or
caretaker is present.
CARETAKER: Any person having possession of an animal, for a period of more than six (6)
hours for any purpose, where the person in possession does not own the animal, other than a
licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate
family who resides in the same household as the owner.
OWNER: Any person owning, keeping or harboring an animal or fowl. (Ord. 5204, 3-10-2014)
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ARTICLE A. DOGS AND CATS
SECTION:
5-1A-1: Definitions
5-1A-2: Licenses Required
5-1A-3: Exceptions To License Requirements
5-1A-4: Rabies Vaccination Required
5-1A-5: License Tags
5-1A-6: Prohibited Acts And Conditions
5-1A-7: Kennel Premises; Nonconforming Use
5-1A-8: Municipal Pound
5-1A-9: Impoundment Of Animals; Redemption
5-1A-10: Violation; Penalty
5-1A-1: DEFINITIONS:
As used in this article, unless the context indicates otherwise, the following words and phrases
shall have the meanings respectively ascribed to them in this section. In addition, the words and
phrases defined in section 5-1-15 of this chapter shall apply to the provisions of this article, to
the extent applicable.
ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours
or longer if the dietary requirements of the species so require, of a quantity of wholesome
foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in
each animal. The foodstuff shall be served in a clean receptacle, dish or container.
ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at
least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any
interval.
ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or
harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a
facility operated for such a purpose under a contract with the city.
BOARDING KENNEL: A place or establishment other than a pound or animal shelter where
dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a
consideration.
COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both,
for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder.
COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or
cats, or both, and may or may not render boarding services in return for a consideration.
DEALER: Any person who is engaged in the business of buying for resale or selling or
exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged.
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HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or
enclosures.
KENNEL: An area of private property that is sheltered where dogs or cats are kept under
constant restraint.
OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating
or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal
kept outdoors to protect themselves from the direct rays of the sun.
B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be
provided with access to shelter to allow them to remain dry during rain or snow.
C. Shelter From Cold Weather: Shelter must be provided for all dogs or cats and any animals
kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F).
Sufficient clean bedding material or other means of protection from the weather elements shall
be provided when the ambient temperature falls below that temperature to which the species is
acclimated. Pet carriers, crates and pet taxis are not considered adequate shelter against the
cold.
D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the
living area of the dog or cat or other animal.
E. Vehicles: Animals cannot be left in a vehicle, on a vehicle, or tethered to a vehicle for a
length of time that could result in danger to or death of an animal, when the atmospheric
temperature falls below fifty degrees Fahrenheit (50°F) and/or when the heat index reaches
seventy-five degrees Fahrenheit (75°F). If the animal control officer determines that such an
animal is in immediate danger, the animal control officer or designee may remove the animal by
whatever means is necessary without liability, for the purpose of taking the animal in for
protective custody. Redemption of any animal taken into custody shall require payment of all
fees and charges as set forth in subsection 5-1-1 E of this chapter within the applicable time
allowed by this chapter or by order of animal control or the city council.
PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate
animal is sold, exchanged or offered for sale to the general public.
PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited
amount of space, such as a room, pen, cage or compartment.
RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy,
dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or
scientific establishment situated in this state concerned with the investigation of, or instruction
concerning the structure or function of, living organisms, the cause, prevention, control or cure
of diseases or abnormal conditions of human beings or animals.
SERVICE ANIMAL: Any guide dog, signal dog, or other animal individually trained to provide
assistance to a person with a disability or that serves public health, safety and law enforcement
personnel, as well as any dog enrolled in a recognized formal training program for those types
of services.
TRANQUILIZE: To temporarily sedate any animal for gaining control. (Ord. 5204, 3-10-2014)
5-1A-2: LICENSES REQUIRED:
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A. Annual License: The owner of all dogs and cats six (6) months old or older, whether
service animals or otherwise, shall annually obtain a license therefor as hereinafter provided.
B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on
or before January 1 of each year apply to the city clerk for a license for each dog or cat owned
by said owner. Such application or license may be made after January 1, and at any time, for a
dog or cat which has come into the possession or ownership of the applicant, or which has
reached the age of six (6) months after said date.
C. Form Of Application: Subject application shall be in writing on blanks provided by the city
clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat,
and the address of the owner and be signed by said owner. Such application shall also state the
date of the most recent rabies vaccination, the type of vaccine administered and the date the
dog or cat shall be revaccinated.
D. License Fees:
1. The annual license fee for each dog or cat shall be determined from time to time by
resolution of the city council. Fees shall be paid by March 31 or within ninety (90) days after the
date on which any dog or cat that is not licensed first becomes subject to licensure under
subsection B of this section. Any fee not paid by the due date shall increase to an amount
determined from time to time by resolution of the city council.
2. Duplicate licenses shall be issued at a cost determined from time to time by resolution
of the city council.
3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats
has a valid license issued by the state of Iowa that allows the keeping of such animals.
4. The owner of all dogs or cats six (6) months old or older must comply with all the
provisions of this article, including, but not limited to, the obtaining of rabies vaccination and
license tag, even if the license fee has been waived. A written certificate from a licensed
veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been
vaccinated for rabies.
E. Term Of License: All licenses shall expire on January 1 of the year following the date of
issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or
cat.
F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is
transferred, the license for the same may be transferred by the city clerk by the notation on the
license record giving name and address of the new owner.
G. Implied Consent: The application for and the receipt of a license as required herein shall
include an implied consent by the owner to permit an inspection of both real and personal
property under his control for the purpose of carrying out the provisions of this article, including
inspection for cruelty to animals or an inspection of sanitary conditions.
H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the
year in which they are due and payable, and a penalty shall be added to each unpaid license on
or after said date in the like amount of the annual license fee as hereinbefore set out in
subsection D of this section. (Ord. 5204, 3-10-2014)
5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS:
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The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are
under the control of the owners or handlers while in transit or to be exhibited or to nonresidents
of the city if they are in the state for less than thirty (30) days or which are assigned to a
research institution or like facility. The license fee shall be waived for all dogs or cats if the
owner of said dogs or cats has a valid state license for said dogs or cats. (Ord. 5204, 3-10-
2014)
5-1A-4: RABIES VACCINATION REQUIRED:
A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It
shall be unlawful for any person to own or have a dog in his possession six (6) months of age or
over which has not been vaccinated against rabies.
B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be
an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the
frequency of revaccination necessary for approved vaccination shall be as established by
subject department. The vaccine shall be administered by a licensed veterinarian and shall be
given as approved by the Iowa state department of agriculture. Evidence of said rabies
vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the
certificate shall show that the vaccination does not expire within six (6) months from the
effective date of the dog or cat license. (Ord. 5204, 3-10-2014)
5-1A-5: LICENSE TAGS:
A. Required: The city clerk, Animal Control officers and Humane Society shall, upon receipt
of application, payment of license fee and proof of rabies vaccination, provide to the applicant a
license which shall be in the form of a metal tag.
B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a
substantial collar or harness and during the term of license shall be at all times kept on the dog
or cat for which the license is issued. On the expiration of the license, the owner shall remove
said tag from the dog or cat. (Ord. 5204, 3-10-2014)
5-1A-6: PROHIBITED ACTS AND CONDITIONS:
A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow
such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the
permission of its owner or caretaker, and proof of ownership and that said dog or cat was at
large shall constitute in evidence a prima facie presumption in any proceeding charging any
violation of this subsection. As to any dog at large under the circumstances described in
section 5-1B- of this chapter, violation of this subsection shall constitute a misdemeanor and
be punishable by a fine of not less than an amount determined from time to time by resolution of
the city council, or constitute a municipal infraction. For purposes of determining the civil penalty
applicable to subsequent municipal infraction offenses, any violation of this subsection that
occurs after the first offense is a subsequent offense.
B. Dogs Or Cats Attacking, Causing Damage Or Injury:
1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to
attack persons or domestic animals or to destroy property, or to permit such dog or cat to place
persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said
dog or cat did attack persons or domestic animals, destroy property, or place persons in
reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of
permission of the owner or caretaker in any proceeding charging violation of this subsection.
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2. Animal control shall have discretion about whether to charge a violation of this
subsection, depending on the particular circumstances and whether the animal constitutes a risk
of attacking again, and in exercising such discretion animal control may be aided by the
professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to
charge a violation concerning a dog, then animal control will classify the dog as potentially
dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written
notice of same to the owner or caretaker.
3. The owner or caretaker of a dog that has attacked must produce the dog to animal
control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may
be seized and the owner or caretaker will be guilty of a municipal infraction.
C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat
shall confine said female dog or cat in a building, or keep the same in his or her presence so
that the said female dog or cat cannot come into contact with another animal except for planned
breeding.
D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large
without a collar, license tag, or imbedded ownership chip, except for a person who does so as
an authorized participant in a city sponsored program to trap, neuter and release such cats.
E. Litters: It shall be unlawful for any person who does not possess a commercial breeder
license or permit issued by the state of Iowa or the federal government to keep, shelter, or
harbor a female dog or a female cat with its litter that at any time exceeds two (2) offspring,
unless the person registers the litter with animal control within five (5) days of birth or acquisition
and pays a registration fee in an amount determined from time to time by resolution of the city
council. Animal control may seize the entire litter and the mother that are in the possession of
any person violating this paragraph, and the person shall be guilty of a municipal infraction.
(Ord. 5204, 3-10-2014)
5-1A-7: KENNEL PREMISES; NONCONFORMING USE:
Any premises declared by this article to be a kennel that is not located in a properly zoned
district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a
nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended,
reconstructed, substituted or structurally altered except when required by law, nor shall the
number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned
or kept on a premises declared by this article to be a kennel, dies or is sold or is given away,
said dog or cat shall not be replaced until such time as the use of said premises is no longer a
kennel and a nonconforming use as defined by this section. In addition, in the event that the use
of a premises as a kennel is discontinued for a period of one year, use of the same shall
conform thereafter to the uses permitted in the zoning district in which it is located. (Ord. 5204,
3-10-2014)
5-1A-8: MUNICIPAL POUND:
A. City May Establish: The city may establish and maintain a municipal animal pound or
shelter to be conducted and operated by the city. It shall be the duty of the authorized persons
appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a
sanitary condition and free from offensive odors, to provide adequate and wholesome food for
animals impounded therein, to provide careful and humane treatment toward such animals, to
isolate diseased animals, and to provide for humane destruction of animals when necessary.
B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the
city may contract with any incorporated society or association for the prevention of cruelty to
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animals for the collection and protection of licensed or unlicensed dogs, cats and other animals,
for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals,
for the collection of dogs or cats, or other animals "at large" as herein defined, for the
destruction or other disposition of seized dogs or cats, or other animals, not redeemed as
provided by this article, for the disposal of dead animals, and to assist in the collection of
licenses upon dogs and cats. (Ord. 5204, 3-10-2014)
5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION:
A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not
wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If
the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an
animal without identification is not redeemed within three (3) days after impoundment, the dog
or cat may be humanely destroyed or, in appropriate circumstances as determined by animal
control, may be disposed of by sale or by donation to a suitable animal shelter or rescue
organization.
B. Permanent Identification: Each dog apprehended after being found at large, and each dog
confined pursuant to subsection 5-1-10B of this chapter, shall be assigned a registration number
by animal control or its designee. If a registration number has not previously been affixed to the
dog by permanent microchip implant, tattoo or some other permanent means, then before the
dog is released to its owner or caretaker the registration number shall be so affixed by a
licensed veterinarian or other person acceptable to the city, at the expense of the owner or
caretaker. If multiple forms of identification are available, the owner or caretaker may select the
type to be used. No person shall remove or alter such identification once it is affixed.
C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at
large for the third (3rd) time in a calendar year will be notified that the animal will be spayed or
neutered before being redeemed.
D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or
unless the animal is being tested for rabies or other communicable diseases, any dog or cat that
was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees
and charges as set forth in subsection E of this chapter within the applicable time allowed
by this chapter or by order of animal control or the city council. (Ord. 5204, 3-10-2014)
5-1A-10: VIOLATION; PENALTY:
Unless any section of this article prescribes a different penalty, any person violating any
provision of this article shall be deemed guilty of a municipal infraction. The court may grant any
other appropriate alternative relief. (Ord. 5204, 3-10-2014)
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ARTICLE B. DANGEROUS ANIMALS AND REGULATED
DOGS
SECTION:
5-1 B-1: Definitions
5-1 B-2: Keeping Of Dangerous Animals Prohibited; Exceptions
5-1 B-3: Regulations On Keeping Dangerous Animals
5-1 B-4: Prohibitions On Possession Of Animals
5-1 B-5: Regulated Dogs
5-1 B-6: Guard Dogs
5-1 B-7: Registration Of Regulated Dogs
5-1 B-8: Tethering Of Dogs
5-1 B-9: Dog Attacks
5-1 B-10: Irresponsible Dog Owners
5-1 B-11: Landlord Liability
5-1 B-12: Enforcement
5-1 B-1: DEFINITIONS:
As used in this article, unless the context indicates otherwise, the following words and phrases
shall have the meanings respectively ascribed to them in this section. In addition, the words and
phrases defined in sections 5-1-15 and of this chapter shall apply to the provisions of
this article, to the extent applicable.
DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or
gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting
serious injury upon, or causing disease among human beings or domestic animals and having
tendencies as a species to do so.
B. Any animal declared to be dangerous by the city council or an animal control officer.
C. The following animals or species of animals shall be deemed dangerous per se:
1. All felids, except Felis domestica (domestic cats).
2. All ursids (bears).
3. All canids, except Canis familiaris (dogs).
4. All nonhuman primates.
5. All crocodilians.
6. All venomous and constricting snakes.
7. All venomous reptiles.
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8. All venomous arachnids.
9. All mustelids, except domestic ferrets.
D. In addition to the exceptions stated in subsection C of this definition, the following animals
shall not be considered dangerous animals, but nonetheless may be subject to applicable
zoning requirements:
1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs,
horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas.
2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited
to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas,
and ball pythons.
3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats.
DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal
without provocation and causes injury not severe enough to result in a broken bone or a
laceration requiring multiple sutures, or any dog that according to available records has
committed such acts.
B. Notwithstanding subsection A of this definition, a dog shall not be deemed a dangerous
dog in the following circumstances:
1. Where the dog is used by a law enforcement official for approved law enforcement
purposes.
2. Where the threat or injury was sustained by a person who was committing a wilful
trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog
was properly confined or tethered as required by this chapter.
3. Where the threat or injury was sustained by a person who was committing or attempting
to commit a crime on the property of the owner or caretaker of the dog, or by a person who was
attacking the owner or caretaker of the dog.
4. Where the threat or injury was sustained by a person due to the person torturing,
tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without
lawful justification, or by a person in the process of treating or rendering aid to a previously
injured animal.
5. Where the dog was protecting itself or its young.
6. Where the threat or injury was sustained by a domestic animal that was at large and
entered a confined area of the dog.
GUARD DOG: Any dog trained or used to protect persons or property by attacking or
threatening to attack any person found within the area patrolled by the dog and that is either
securely enclosed within that area at all times or under the continuous control of a trained
handler.
POTENTIALLY DANGEROUS DOG: Any dog with a tendency or disposition to bite or attack
unprovoked, to otherwise endanger the safety of humans or other domestic animals, or that
chases or approaches a person or other domestic animal without provocation while off its
owner's or caretaker's property in a menacing fashion or apparent attitude of attack, if the owner
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of such dog is convicted or pleads guilty, no contest, or the equivalent to a violation of
subsection 5-1A-6B of this chapter based on fear of attack or injury.
REGULATED DOG: Any dog that is a "potentially dangerous dog", "dangerous dog", or "vicious
dog" as defined by this article.
VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without
provocation and causes injury that results in one or more broken bones or a laceration requiring
multiple sutures, or any dog that according to available records has committed such acts.
B. Any dog that kills a person or other domestic animal without provocation while off the
property of its owner or caretaker.
C. Notwithstanding subsections A and B of this definition, a dog shall not be deemed a
vicious dog under the same circumstances in which a dog would not be deemed a dangerous
dog as set forth under the definition of a "dangerous dog". (Ord. 5204, 3-10-2014)
5-1 B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS:
A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the
city, a "dangerous animal" as defined in this article, except as provided in subsection B of this
section or in section 5-1 B-3 of this article.
B. The prohibition contained in subsection A of this section shall not apply to the secure
keeping of dangerous animals in the following circumstances:
1. In a bona fide, licensed veterinary hospital for treatment.
2. Under the jurisdiction of and in the possession of the natural resources commission,
pursuant to Iowa Code chapters 481A and 481B.
3. At the Cedar Bend Humane Society.
4. In a public zoo, bona fide educational or medical institute or museum where they are
kept as live specimens for public viewing or for purposes of research, study or instruction.
5. For purposes of bona fide religious practice or ritual.
6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly
licensed by the city. (Ord. 5204, 3-10-2014)
5-1 B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS:
A. Report Required; Information: Every person owning, keeping, sheltering or harboring a
dangerous animal pursuant to subsection 5-1 B-2B of this article shall report such fact, in writing,
to the animal control officer, together with the following information:
1. The species name of each animal;
2. The number of such animals of each such species kept on the premises;
3. A physical description of each such animal, including any pet names to which it might
respond;
4. The location of such animal or animals within the city, including the location of the cage
or place of confinement upon or in the premises wherein the animal or animals are kept;
5. In the case of poisonous dangerous animals, the location of the nearest source of
antivenom for that species; and
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6. The specific purpose for which the animal is kept and any use that will be made of the
animal.
B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal
shall at all times keep such animal securely confined within a cage or enclosure.
C. Poisonous Animals; Antivenin Kept: Every person owning, keeping, or harboring a
poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and
current at all times.
D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a
dangerous animal shall permit or allow such animal to enter upon or traverse any public
property, park property, public right of way or other property of another, except when such
animal is being transported while caged or confined.
E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control
immediately in the event that a dangerous animal has escaped and is at large.
F. At Large: In the event that a dangerous animal is found at large and unattended upon
public property, park property, public right of way, or the property of someone other than its
owner or caretaker, thereby creating a hazard to life or property, such animal may, in the
discretion of the animal control officer, be destroyed if it cannot be confined or captured. The
city shall be under no duty to attempt the confinement or capture of a dangerous animal found
at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its
destruction.
G. Order To Remove: In the event the animal control officer determines that a dangerous
animal is being kept, sheltered or harbored by any person or entity in violation of the provisions
of this article, the animal control officer may, in his or her discretion, have such person or entity
prosecuted for such violation, and he or she may order such person or entity to remove such
dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove
the dangerous animal, which notice shall be given in writing, directed to such person or entity.
H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an
order issued by the animal control officer pursuant to subsection G of this section shall follow
the appeal procedures of section 5-1-13 of this chapter. If the city council affirms the action of
the animal control officer, the provisions of section 5-1-13 of this article shall apply. (Ord. 5204,
3-10-2014)
5-1 B-4: PROHIBITIONS ON POSSESSION OF ANIMALS:
A. Persons Convicted Under State Law On Animal Contest Events: Any person who has
been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa
Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city
limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such
offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine
of not less than an amount determined from time to time by resolution of the city council, or
constitute a municipal infraction.
B. Violation Registry: Animal control shall keep a registry of names and addresses of
individuals with convictions for violating Iowa Code 717D.2 and section 5-1 B-5 or 5-1 B-7 of this
article. Any individual on this registry is subject to the restrictions on ownership found in this
article, regardless of whether the individual changes addresses or moves to a different
residence. An individual will be in violation hereof if the prohibited animal is found in their
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residence regardless of any claim that the animal belongs to someone else occupying the
residence.
C. Notice Of Violation; Confinement: In the event an animal control officer determines that an
animal is being kept, sheltered or harbored by any person or entity in violation of the provisions
of this section or section 5-1 B-10 of this article, which determination may be based on direct
observation or on a preponderance of credible evidence (such as photographs, witness
affidavits, or other physical evidence), the animal control officer shall have such person or entity
prosecuted for such violation and shall take the animal into custody at the expense of the owner
or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as
the owner or caretaker agrees in writing to remove or destroy the animal or the city council has
ruled on an appeal of the violation finding. After making a finding that an animal is being kept,
sheltered, or harbored in violation of this article, animal control shall issue a written notice of
violation, directed to such person or entity.
D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an
order issued by the animal control officer pursuant to subsection C of this section shall follow
the appeal procedures of section 5-1-13 of this chapter. The appeal cannot be filed until all
costs incurred to date in caring and providing for the animal, as set forth in subsection 5-1-1 E of
this chapter, are paid and a bond is posted with the city clerk. If the city council affirms the
action of the animal control officer, the provisions of section 5-1-13 of this article shall apply.
(Ord. 5204, 3-10-2014)
5-1 B-5: REGULATED DOGS:
A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any
dog over the age of six (6) months.
B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a
"regulated dog" as defined in section 5-1 B-1 of this article, except as expressly permitted by this
article.
C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at
large and unattended upon public property, park property, public right of way, or the property of
someone other than its owner or caretaker, thereby creating a hazard to life or property, such
dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and
confined. The city shall be under no duty to attempt the confinement or capture of a dangerous
dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to
its destruction.
D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated
dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of
this article, which determination may be based on direct observation or on a preponderance of
credible evidence (such as photographs, witness affidavits, or other physical evidence) that the
dog qualifies as a "regulated dog" as defined by this article, the animal control officer may, in his
or her discretion, have such person or entity prosecuted for such violation. After making a
finding that the dog is a regulated dog, animal control shall issue a written notice of violation,
directed to such person or entity. At the time such notice is issued, the dog shall be taken into
the custody of animal control and confined at the expense of the owner or caretaker at the city
impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of
the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the
regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially
dangerous dog, agree in writing to permanently remove the dog from the city. The owner or
caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-
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1 B-7 of this article. If the owner or caretaker fails to take all steps necessary to timely perfect an
appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be
destroyed in a humane manner, and the fees and charges of impoundment, as set forth in
subsection 5-1-1 E of this chapter, and with destruction of the dog shall be charged against the
owner or caretaker.
E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an
order issued by the animal control officer pursuant to subsection D of this section shall follow
the appeal procedures of section 5-1-13 of this chapter. The appeal cannot be filed until all
costs incurred to date in caring and providing for the dog, as set forth in subsection 5-1-1E of
this chapter, are paid and a bond is posted with the city clerk. If the city council affirms the
action of the animal control officer, the provisions of section 5-1 B-12 of this article shall apply.
F. Permanent Identification Required: A dog found to be a potentially dangerous dog,
dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any
appeal, shall be assigned a registration number by animal control prior to the dog being
released to its owner or caretaker, which shall be affixed to the dog by permanent microchip
implant, tattoo or some other permanent means, by a licensed veterinarian or other person
acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification
are available, the owner or caretaker may select the type to be used. No person shall remove or
alter such identification once it is affixed.
G. Destruction Of Regulated Dogs Not Permanently Removed Or Destroyed: If a regulated
dog is required to be removed from the city under this section and the dog is subsequently
found within city limits following the date the owner or caretaker agreed to removal, the failure to
permanently remove will constitute a separate and independent violation of this section. In
addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without
further action or possibility of appeal, and the costs of such destruction will be charged against
the party prosecuted for the offense.
H. Dog Found Potentially Dangerous, Dangerous Or Vicious By Another Jurisdiction: A dog
found within city limits which has previously been determined to be potentially dangerous,
dangerous, vicious or a threat to the health or safety of humans or other domestic animals by
court order or by any other city, county or state whose laws or regulations are substantially
similar to those of this chapter shall automatically be deemed to be a potentially dangerous,
dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity
keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D
of this section. Any such dog will be impounded. Within seven (7) days after delivery of the
notice of violation or, if appealed, within seven (7) days after the city council has ruled on the
regulated dog finding, the owner or caretaker may agree in writing to permanently remove the
dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps
necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if
the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees
and charges of impoundment, as set forth in subsection 5-1-1 E of this chapter, and with
destruction of the dog shall be charged against the owner or caretaker. (Ord. 5204, 3-10-2014)
5-1 B-6: GUARD DOGS:
The prohibition contained in this article shall not apply to keeping of guard dogs; provided,
however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and
any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to
the provisions of this article. A limit of one guard dog is permitted for each residential premises
and two (2) guard dogs for each nonresidential premises. Any premises guarded by a guard dog
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shall be prominently posted with a sign containing the wording "guard dog" or words of similar
import, and the owner or caretaker of such premises shall inform animal control and the police
department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or
caretaker's responsibility to notify animal control immediately when a guard dog has escaped
and is running at large. The provisions of subsections 5-1 B-7A through F, H and I of this article
shall apply to the registration of guard dogs. (Ord. 5204, 3-10-2014)
5-1 B-7: REGISTRATION OF REGULATED DOGS:
A. Registration Requirement; Penalty For Failure To Register: If animal control determines
that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed,
harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor
completes a registration with animal control and receives a registration certificate authorizing
ownership or possession of the dog. Animal control shall notify the owner or possessor in writing
that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days
following the date that animal control delivers notice to the owner or caretaker that the dog is
regulated, the owner or caretaker of the dog must obtain the registration certificate or file an
appeal of such determination pursuant to subsection M of this section. Any person found to
own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said
dog or failed to file a timely appeal will be subject to an administrative penalty and/or a
municipal infraction violation punishable by a civil penalty, with such penalties to be determined
from time to time by resolution of the city council. In addition, the registration fee will be
increased to an amount determined from time to time by resolution of the city council, and
animal control will impound the animal. The owner or caretaker may register the dog within
seven (7) days following impoundment and obtain release of the dog if the required registration
fee, administrative penalty, and all fees and charges of impoundment, as set forth in
subsection 5-1-1 E of this chapter, are paid. If the owner or possessor does not timely complete
the registration process or file an appeal, the dog may be destroyed in a humane manner and
all fees and charges associated with impoundment, as set forth in subsection 5-1-1 E of this
chapter, and destruction of the dog shall be charged against the owner or caretaker.
Registration under this section is in addition to any licensing requirements set forth in article A of
this chapter.
B. Registration Form: An owner or caretaker of a dog determined to be potentially
dangerous, dangerous or vicious by animal control must execute a registration form with animal
control which includes the following information:
1. Name, address, and telephone number of the owner or caretaker, including proof that
the owner or caretaker is over the age of eighteen (18) years;
2. Name and detailed physical description of the regulated dog;
3. A photograph of the dog taken by animal control;
4. Registration number assigned by animal control to the dog;
5. Veterinarian information for the dog;
6. Proof of a current rabies vaccination number and expiration date (a copy of which must
be retained by animal control);
7. City license number (a copy of which must be retained by animal control);
8. Microchip or tattoo number as provided by subsection D of this section;
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9. Detailed description of the incident or incidents leading animal control to classify the dog
as regulated; and
10. Sufficient proof that the applicant has proper facilities where the animal can safely be
kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or
secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in
length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from
digging out).
C. Registration Fee And Proof Of Insurance: In addition to completion of the registration
form, an owner or caretaker of a regulated dog must pay a registration fee in an amount
determined from time to time by resolution of the city council to register the dog with animal
control and provide proof of liability insurance to animal control totaling a minimum of three
hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or
loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of
insurance will result in denial of registration.
D. Permanent Identification: The registration number assigned by animal control under this
section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a
licensed veterinarian or other person acceptable to the city, at the applicant's expense. No
person shall remove or alter such identification once it is affixed.
E. Issuance Of Registration Certificate: If all requirements of this section are met, the
applicant will be issued a registration certificate entitling them to own, maintain, possess, or
shelter the regulated dog within city limits.
F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has
previously been convicted of, or has pled guilty, no contest, or the equivalent to, an offense
under Iowa Code 717D.2, who has been convicted of a violation of section 5-1 B-5 of this article,
or who has pled guilty, no contest, or the equivalent with respect to any such offense or
violation, shall not be permitted to register a dog under this section.
G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to
any licensed veterinarian or animal shelter providing services in such capacity.
H. Renewal Of Registration: A registration certificate issued pursuant to this section must be
renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an
additional twelve (12) months following expiration of the current registration certificate, provided
that he or she pays the registration fee in an amount determined from time to time by resolution
of the city council, provides proof of current insurance, and updates any registration information
previously provided.
I. Additional Notification Responsibilities:
1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control immediately if the dog is loose or not confined, has attacked
another domestic animal, or has attacked a human being.
2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control within forty eight (48) hours of the dog's death.
Documentation from a veterinarian or physical proof that the dog is deceased will need to be
provided to animal control.
3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control within forty eight (48) hours if the dog has been sold,
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relocated or given away and shall provide animal control with the name, address, and telephone
number of the new owner or caretaker of the dog.
4. An owner or caretaker of a regulated dog must notify animal control of any change of
address within fourteen (14) days after the change.
J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous,
dangerous or vicious must have the animal spayed or neutered within thirty (30) days of
issuance of the registration certificate and provide documentary proof of same to animal control
within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog,
then animal control may seize it, and, in appropriate circumstances as determined by animal
control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal
shelter or rescue organization.
K. Conditional Removal Of Registration Requirement: If, within three (3) years of registration
as a potentially dangerous dog, there have been no further incidents that satisfy the standards
for such dog to be deemed potentially dangerous, the dog's registration requirement may be
reviewed by animal control upon the owner's request. If animal control chooses to lift the
registration requirement, the dog in question may still be declared potentially dangerous,
dangerous or vicious at any future date if it meets the standards for classification as such. In the
event that animal control chooses to maintain the registration requirement for the dog, such
decision shall be appealable to the city council.
L. Automatic Enhancement Of Regulated Status: After registration as a potentially dangerous
dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog
at least two (2) times within any consecutive twelve (12) month period, such dog will
automatically be deemed a dangerous dog and be subject to section 5-1 B-5 of this article. If a
dog has been registered as a potentially dangerous dog or a dangerous dog and at any time
thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning
any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception
is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1 B-5 of
this article.
M. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a
notice or order issued by the animal control officer pursuant to this section shall follow the
appeal procedures of section 5-1-13 of this chapter. If the city council affirms the notice or order,
the owner must complete the registration process pursuant to this section within seven (7) days
of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions
set forth in subsection A of this section and in section 5-1B-12 of this article. (Ord. 5204, 3-10-
2014)
5-1 B-8: TETHERING OF DOGS:
A. A dog may be restrained outdoors by tether, only on the property of the owner or
caretaker of the dog, and only under the following conditions:
1. No tether may be attached to a fixed object unless the tether is so placed or attached
that it cannot become entangled with another animal or object, and cannot extend over an
object or edge that could result in strangulation of or injury to the animal, and shall be of
sufficient length in proportion to the size of the animal, but no less than ten feet (10') in length,
to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and
an outdoor facility that provides adequate protection from the elements. Such tethering shall be
so located so as not to allow such animal to trespass on public property or upon private property
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belonging to others, nor in such manner as to cause harm or danger to persons, the tethered
animal, or other animals.
2. The tether shall not weigh more than one -eighth ('/8) of the animal's body weight.
3. The tether must be attached to a properly fitting collar or harness worn by the animal.
Choke or prong collars are prohibited. The tether must have a swivel at both ends.
4. When the temperature falls below thirty degrees Fahrenheit (30°F), with wind chill factor
applied, or when the heat index is at least eighty-five degrees (85°), no animal may be
restrained outdoors by tethering for more than fifteen (15) minutes without access to adequate
food, adequate water, and an outdoor facility that provides adequate protection from the
elements. In any circumstances, a tethered animal must have access to an outdoor facility that
provides adequate protection from the elements. (Ord. 5204, 3-10-2014)
5-1 B-9: DOG ATTACKS:
In the event of an attack on a person or a domestic animal by a dog at large that was previously
determined to be a vicious dog or that is determined to be a vicious dog as a result of such
attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and
may be destroyed by the city without further action or possibility of appeal. The owner or
caretaker will be charged all fees and charges incurred as set forth in subsection 5-1-1 E of this
chapter and all costs incident to destruction of the dog. (Ord. 5204, 3-10-2014)
5-1 B-10: IRRESPONSIBLE DOG OWNERS:
A. Any person who has been convicted of any violation of this article, or who has pled guilty,
no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12)
months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a
license for any dog not already licensed by such person, and if such person is so convicted or
so pleads a third time during a twelve (12) month period, the person shall forfeit all right to own
or possess a dog in the city, at which time animal control shall be authorized to seize all dogs
owned or possessed by such person and to dispose of the dogs by destruction or, in
appropriate circumstances as determined by animal control, by sale or by donation to a suitable
animal shelter or rescue organization. Violation of this subsection shall constitute a
misdemeanor and be punishable by a fine of not less than an amount determined from time to
time by resolution of the city council, or constitute a municipal infraction.
B. A person designated as an irresponsible dog owner who is not convicted or does not
plead to a further violation of this article for a period of thirty six (36) months may apply to
animal control to have the designation removed. The decision of animal control is appealable to
the city council according to the appeal procedures set forth in section 5-1-13 of this chapter.
(Ord. 5204, 3-10-2014)
5-1 B-11: LANDLORD LIABILITY:
A. A landlord or its property manager that knowingly permits a tenant or occupant of its
property to possess a dog in violation of section 5-1 B-4, 5-1 B-5 or 5-1 B-10 of this article shall be
guilty of a municipal infraction.
B. A landlord or its property manager shall not be guilty of a violation of subsection A of this
section if it takes prompt action to notify the tenant or occupant that the dog must be
permanently removed from the property within seven (7) days of notice as set forth in Iowa
Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or
occupant if the violation is not remedied.
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C. Whenever animal control or the city clerk issues a notice, order or decision in connection
with a violation of section 5-1 B-4, 5-1 B-5 or 5-1 B-10 of this article to a person who is not the
owner of the property, a copy of said notice, order or decision shall also be sent to the property
owner at the tax statement address shown in the records of the county auditor. The failure of
animal control or the city clerk to issue a copy of any notice, order or decision to the property
owner, or the failure of the property owner to receive same, shall not be a defense to any
violation of subsection A of this section. (Ord. 5204, 3-10-2014)
D. Landlords are responsible for any fees charged for removal of abandoned animals or
animals left at a property due to eviction or a tenant's extended illness or death.
5-1 B-12: ENFORCEMENT:
A. Failure To Comply:
1. Except as set forth in subsection 5-1 B-7A of this article, if the city council affirms a notice
or order of the animal control officer, the city council may also order in its written decision that
the person or entity owning, sheltering, harboring or keeping such dangerous animal or
regulated dog permanently remove such animal or dog from the city or destroy it; provided that
dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision
and order shall immediately be served upon the person or entity against whom rendered in the
same manner as the initial notice or order.
2. In any situation where permanent removal of an animal or dog from the city is permitted,
the animal or dog will not be released to the owner or caretaker until the owner or caretaker
executes a form provided by the city which includes the following: a) identifying information for
the animal or dog, b) the location to which it will be removed, and c) the date of removal. The
owner must also pay all fees and charges of impoundment, as set forth in subsection 5-1-1 E of
this chapter, before the animal or dog will be released and the bond, if any, lifted. If within seven
(7) days after issuance of the order the owner or caretaker fails to complete the application for
removal and pay such fees and charges, fails to petition the district court for review of the order,
or otherwise fails to take action, then animal control shall cause the animal or dog to be
destroyed in a humane manner.
3. If instead of removal the animal or dog is ordered destroyed by the city council and the
owner fails to file a petition for review of the order with the district court within seven (7) days
after its issuance, the animal or dog will be destroyed in a humane manner.
4. As an alternative to the destruction of an animal or dog it may, in appropriate
circumstances as determined by animal control, be disposed of by sale or by donation to a
suitable animal shelter or rescue organization.
B. Penalties:
1. Unless a different penalty is specifically prescribed by any section of this article, in which
case such penalty shall apply, the failure to comply with an order of the city council issued
pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less
than an amount determined from time to time by resolution of the city council, or constitute a
municipal infraction.
2. For purposes of determining the civil penalty applicable to subsequent municipal
infraction offenses, any violation of this article that occurs after the first offense is a subsequent
offense, even if the violations are of different provisions of this article. (Ord. 5204, 3-10-2014)
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Page 283 of 325
5-1-1: ANIMALS AT LARGE:
A. Prohibited: No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys,
chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at
large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in
front of any person's premises, without the consent of such person, nor shall any animal be
permitted to be staked or tied out to graze in public streets, alleys or avenues of the city.
B. Violation: Any animal found in violation of the provisions of any of the subsections of this
section by a sanitary inspector, animal control officer or any police officer of the city, or any
other person, may be apprehended and impounded with the city, or an alternate pound or
shelter designated by the city. It shall be unlawful for any person employed by the city, or any
person employed by or connected with the animal pound or shelter or any society or
organization operating or maintaining such pound or shelter under lease or contract with the
city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever,
any animal impounded in such pound or shelter to any person, organization or research facility
for the purpose of using such animal as food, unless such animal is of a type that is customarily
used for food, or for the purpose of medical experimentation unless the research facility, person
or organization desiring such animal for medical experimentation is duly approved and
authorized by the state to conduct such experimentation, or for any other purpose except for
pets and related activities.
C. Harboring: The harboring of any animal requires that the following guidelines be followed:
1. All such species must be restrained upon the owner's property and penned (housed or
stabled) in such a manner that the animals will not place any person in fear of attack.
2. All animals that are included in this section shall be required to have adequate space as
so designated by the zoning ordinance according to the size and needs of the various animals,
and each animal shall be so restrained in an area to allow proper exercise for the particular
species involved.
3. When the owner restrains (harbors) any animal in an area not adjoining the owner's
residence, the owner shall post his name, address and phone number at the place where the
animal is being restrained (harbored).
D. Registration: Any wild, nondomestic animals, reptiles or birds, in captivity in the
metropolitan area of the city, except such animals that are within the city for the purposes of
display by a show, act, carnival, zoo, circus or promotional agency, which are known to be
dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of
the city: the animal control officer, the police department and the Humane Society. If such
animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional
agency, then such group shall show adequate and ample restraints placed upon the animals as
to protect the health and safety of the exposed public.
If such animal becomes at large within the city and poses a threat to the public, it shall be
assumed that the owner has given consent to eliminate the animal with the cost to be borne by
the owner. The mayor, the animal control officer or any police officer may order the elimination
of such animal.
E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or
impounded in accordance with the provisions of this chapter shall be liable to pay all costs of
impoundment to the Humane Society. The costs of impoundment shall include all feed and
boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable
diseases, fees for sedation and special handling, and charges for reasonable medical services,
Page 284 of 325
equipment or supplies. In addition, the owner or caretaker shall pay to the Humane Society a
redemption fee according to the Humane Society's fee schedule then in effect. When a dog or
cat is returned to the owner or caretaker by animal control, the owner or caretaker shall pay a
pick up fee in an amount determined from time to time by resolution of the city council. All fees
or charges of any type or nature shall be paid in full at the time the animal is redeemed from the
Humane Society or taken home by animal control. (Ord. 5204, 3-10-2014)
5-1-2: SWINE PROHIBITED; EXCEPTIONS:
A. No person shall keep or harbor any pigs or have any pigpens or pigsties within the city,
except as follows:
1. Nothing contained in this section shall prevent the harboring and keeping of pigs and
use of pig pens and sties in connection with a general farming operation on tracts of farmland of
the size of forty (40) acres or greater.
2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties
within the confines of any meatpacking plant where such pigs have been brought for butchering
and processing.
3. Nothing herein contained shall prevent the keeping of pigs which are housed at the
Sunrise Exchange Club Petting Zoo.
B. The provisions of this section shall be subject to the provisions of this code and other
ordinances of the city relating to nuisances. (Ord. 5204, 3-10-2014)
5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS:
A. The animal control officer, his agents or any police official shall be able to use a
tranquilizer gun or any other drug to bring an animal at large under control.
B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a
threat or danger to the general public or to the city officer trying to bring the animal under
control.
C. If it becomes necessary for the animal control department or the police department to use
a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be
held responsible for any damage done to the animal by the use of the tranquilizer gun or other
drugs.
D. The owner of the animal that needs sedation to bring it under control shall pay for costs of
the sedation and for the care and feeding while the animal is under control of the city or the
Humane Society. (Ord. 5204, 3-10-2014)
5-1-4: DISPOSAL OF DEAD ANIMALS:
A person caring for or owning any animal that has died shall not allow the carcass to remain
about his or her premises. Such carcass shall be disposed of within twenty four (24) hours after
death. (Ord. 5204, 3-10-2014) Animal control shall charge a pick up fee in an amount
determined from time to time by resolution of the city council.
5-1-4A: LANDLORD LIABILITY:
Landlords are responsible for any fees charged for removal of abandoned animals or
animals left at a property due to eviction or a tenant's extended illness or death.
Page 285 of 325
5-1-5: TRAPPING RESTRICTIONS:
No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any
structure or building for the purpose of taking, killing, maiming, wounding, ensnaring or
capturing an animal or which is injurious to persons or animals, except for the following:
A. Any trapping by a governmental unit to capture animals which are creating a public
nuisance or for the protection of public or property;
B. Licensed pest and rodent control persons in protection of private property;
C. During the season allowed by the state conservation commission for taking of furbearing
animals on parcels of land privately owned of forty (40) acres or more, or public land controlled
by a governmental agency issuing such rights to trapping;
D. Wire cage box traps may be used to remove nuisance pests from private property; said
traps must be checked every twelve (12) hours . thirty (30) minutes.
E. Traps may be rented from animal control for a five (5) day period to remove nuisance
pests, however, the trapper is required to transport dogs and/or cats to the Humane Society.
The rental fee shall be an amount determined from time to time by resolution of the city council.
Wildlife shall be transported, by the trapper, and released unharmed to an area outside
Waterloo city limits.
F. A private property owner on his private property in order to control small rodents, such as
gophers, moles and other similar animals. (Ord. 5204, 3-10-2014)
5-1-6: CRUELTY TO ANIMALS:
A. No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are
encouraged or made to perform through the use of chemical, electrical or mechanical means or
devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or
fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or
protection from the weather, or cruelly abandon the same, or shall commit any other act of
omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any
animal or fowl, whether the acts or omissions herein contemplated be committed either
maliciously, willfully or negligently, and if any person shall knowingly permit such act or omission
or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor.
(Ord. 5204, 3-10-2014)
B. When the temperature falls below thirty degrees Fahrenheit (30°F), with wind chill factor
applied, or when the heat index is at least eighty-five degrees (85°), no animal may be
restrained outdoors by tethering for more than fifteen (15) minutes without access to adequate
food, adequate water, and an outdoor facility that provides adequate protection from the
elements. In any circumstances, a tethered animal must have access to an outdoor facility that
provides adequate protection from the elements. (Ord. 5204, 3-10-2014)
5-1-7: USE OF ANIMALS RESTRICTED:
A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed
or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a
prize, premium or advertising device, or displayed in any store, shop, carnival or other public
place.
B. Use As Advertising Devices:
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1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or
offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity
of less than twelve (12) birds to an individual person unless sold by a person engaged in the
business of selling chicks, ducklings and goslings for agricultural or wildlife purposes.
2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public,
shall provide and operate brooders or other heating devices that may be necessary to maintain
the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate
water available to the birds at all times. (Ord. 5204, 3-10-2014)
5-1-8: SANITARY CONDITIONS MAINTAINED:
A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any
dog, cat, horse or other animal to permit excrement or droppings from any of said animals to
collect on the premises of said person causing odor or an unsanitary condition. Each owner,
caretaker or person in charge of an animal shall prevent said animal from interfering with any
neighboring residents' peaceful and quiet enjoyment of their property.
B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in
charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible
any excrement or droppings deposited by said dog, cat, horse or other animal on any real
estate, whether privately owned or publicly owned, other than on the premises of the owner,
caretaker or person in charge; provided, however, that the foregoing does not apply to
excrement or droppings deposited by Waterloo police dogs or horses when police officers are
using said dogs or horses for official police duties.
C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who
owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning
ordinance, and who intends to install a confined waste system shall conform to all of the
following requirements:
1. The confined waste system container (hereinafter "container") shall have a maximum
volume of two and thirty six hundredths (2.36) cubic feet or seventeen and seventy two
hundredths (17.72) gallons.
2. The container shall be placed in an area of the property not normally occupied or used
for play or recreation, and the container shall be buried so that the lid remains exposed.
3. The container shall have a waterproof lid that shall remain closed at all times. The lid
may be removed only when animal excrement or droppings are deposited or added. The lid
shall, thereafter, be immediately replaced.
4. Lime or activated enzymes shall be added periodically to promote the continued
decomposition of waste.
5. Enforcement of this subsection shall be by the Black Hawk County health department
and/or the animal control officer, as designated by the city council. (Ord. 5204, 3-10-2014)
Moved from OUTDOOR FACILITIES: D. D. Drainage: A suitable method shall be provided to
rapidly eliminate excess water from the living area of the animal.
5-1-9: OUTDOOR FACILITIES: Moved from 5-1A-1
A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient
shade shall be provided to allow all any animal kept outdoors to protect itself from the direct
rays of the sun.
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B. Shelter From Rain Or Snow: Any animals kept outdoors shall be provided with access to
shelter to allow them to remain dry during rain or snow.
C. Shelter From Cold Weather: Shelter must be provided for all animals kept outdoors when
the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient clean
bedding material or other means of protection from the weather elements shall be provided
when the ambient temperature falls below that temperature to which the species is acclimated.
Pet carriers, crates and pet taxis are not considered adequate shelter against the cold.
5-1-10: ANIMALS BITING PERSONS:
A. Duty To Report: It shall be the duty of the owner or caretaker of any dog, cat or any other
animal which has bitten or attacked a person, or of any person having knowledge of such bite or
attack, to report this act to the health department, police department or animal control. It shall be
the duty of physicians or veterinarians to report to the health department the existence of any
animal known or suspected to be suffering from rabies.
B. Confinement: When a member of the health department, police department, animal
control or humane officer receives information that any person has been bitten or attacked by an
animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order
the owner or caretaker to confine such animal in the manner and place the official directs. If the
owner or caretaker fails to confine such animal in the manner directed, the animal shall be
apprehended and impounded by such official, and after ten (10) days the animal may be
humanely destroyed if it is not redeemed. Before such animal is returned to its owner or
caretaker, all fees and charges of impoundment as set forth in subsection 5-1-1 E of this chapter
must be paid in full. (Ord. 5204, 3-10-2014)
5-1-11: NOISY OR ANNOYING ANIMALS:
It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow
said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons
by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the
unreasonable annoyance of others. After the first written warning, residents of at least three (3)
neighboring households must sign a citation or a petition. If the party charged pleads not guilty,
the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or
other animal shall constitute in evidence a prima facie presumption of permission of the owner
in any proceedings charging any violation of this subsection. (Ord. 5204, 3-10-2014)
5-1-12: CHRONIC VIOLATORS:
A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three
(3) times in any period of twelve (12) months, with a violation of this chapter that requires a
service call by animal control to a specific location, a nuisance is hereby declared to exist due to
excessive service calls by animal control that place an undue and inappropriate burden on the
taxpayers of the city, and said person shall be charged a nuisance service fee for subsequent
responses involving the same person or his or her household. The fee shall be an amount
determined from time to time by resolution of the city council. For hourly billing, any fraction of
an hour is tabulated as a complete hour.
B. Written notice that a person is a chronic violator of this chapter shall be directed to such
person, and such notice is appealable to the city council as set forth in section 5-1-13 of this
chapter.
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C. For any person whose status as a chronic violator is not overturned on appeal, any
subsequent service fees chargeable to such person after the date of initial notice will be
assessed against the person's property, as shown by the city's animal licensing or registration
records, in the manner of a property tax if the service fees are not paid within thirty (30) days.
(Ord. 5204, 3-10-2014)
5-1-13: ADMINISTRATIVE PROCEDURES:
A. Notice: Any notice or order issued under this chapter shall be in writing and shall be
delivered either personally, by certified mail or by conspicuous posting on the entry door of the
premises. A notice or order shall be deemed to have been delivered at the time of personal
delivery, three (3) business days after the date of mailing, or one business day after posting.
B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily
rate of impoundment at animal control multiplied by forty five (45) days, but not to exceed an
amount determined from time to time by resolution of the city council. The bond may be filed as
a cash bond or a surety bond executed by a solvent company authorized to do business in the
state of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice
or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be
refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of
this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in
subsection 5-1-1E of this chapter, through the appeal process shall be charged against the
bond, and the owner or caretaker shall be liable for any excess.
C. Appeal Procedure:
1. Any individual or entity desiring to appeal a notice or order issued by animal control may
do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery
of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition,
a filing fee in an amount determined from time to time by resolution of the city council must also
be paid to the city clerk for the appeal to be considered filed.
2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the
receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length
or such additional time as the city council in its discretion may deem necessary. If the appellant
desires additional time, he or she must make application to the city council for an extension at
least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal,
without regard to technicalities of procedure or rules regarding admissibility of evidence. The
city council may consider any evidence it considers credible, including written summaries and
other secondary sources, and give such weight to the evidence as it considers warranted. After
such hearing, the city council by simple majority may affirm or reverse the finding or order of the
animal control officer. Such determination shall be contained in a written decision and shall be
filed with the city clerk within ten (10) days after the hearing, or any continued session thereof,
and the city clerk shall deliver a copy of the decision to the appellant. (Ord. 5204, 3-10-2014)
5-1-14: ENFORCEMENT:
A. In addition to any police officer of this city, animal control officers shall have police powers
in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any
such officer in the exercise of his or her powers. For the purpose of discharging the duties
imposed by this chapter and to enforce its provisions, any officer is empowered to enter upon
any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by
the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had
the proper rabies vaccination tag.
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B. If a police officer or animal control officer shall find upon inspection of a private premises
that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate
feed, water or shelter, the officer may remove said dog, cat or other animal to the city
impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control
shall give written notice to the owner, if known, within two (2) days. If the owner does not
redeem the dog, cat or animal within five (5) days after the date of the notice, or if the owner is
not known and animal control is not contacted by an owner or caretaker within three (3) days
after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as
determined by animal control, may be disposed of by sale or by donation to a suitable animal
shelter or rescue organization. Fees and charges of said removal and boarding of said animal,
as set forth in subsection 5-1-1E of this chapter, shall be paid by the owner or caretaker of the
dog, cat or other animal from whom it was taken. (Ord. 5204, 3-10-2014)
5-1-15: DEFINITIONS:
For purposes of this chapter, including each article under this chapter, unless the context
indicates otherwise, the following words and phrases shall have the meanings respectively
ascribed to them in this section:
ANIMAL CONTROL: The city department and its officers that have been appointed by the city
council to enforce the animal control ordinances of the city, or another governmental agency or
private party which the city council has appointed by contract for such purpose.
AT LARGE: An animal is at large if it is found within the city off the premises of its owner or
caretaker, however, an animal will not be deemed at large if:
A. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter.
B. It is under the control of authorized public safety personnel.
C. It is under the control of a professional handler for special events including, but not limited
to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal
assisted therapy.
In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be
deemed at large if: a) it is restrained by a rope, leash, cord, chain, or restraining device not less
than ten feet (10') in length, or is properly restrained within a motor vehicle or trailer, or b) it is
within the fenced boundaries of an area designated by the city as a dog park and the owner or
caretaker is present.
CARETAKER: Any person having possession of an animal, for a period of more than six (6)
hours for any purpose, where the person in possession does not own the animal, other than a
licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate
family who resides in the same household as the owner.
OWNER: Any person owning, keeping or harboring an animal or fowl. (Ord. 5204, 3-10-2014)
Page 290 of 325
ARTICLE A. DOGS AND CATS
SECTION:
5-1A-1: Definitions
5-1A-2: Licenses Required
5-1A-3: Exceptions To License Requirements
5-1A-4: Rabies Vaccination Required
5-1A-5: License Tags
5-1A-6: Prohibited Acts And Conditions
5-1A-7: Kennel Premises; Nonconforming Use
5-1A-8: Municipal Pound
5-1A-9: Impoundment Of Animals; Redemption
5-1A-10: Violation; Penalty
5-1A-1: DEFINITIONS:
As used in this article, unless the context indicates otherwise, the following words and phrases
shall have the meanings respectively ascribed to them in this section. In addition, the words and
phrases defined in section 5-1-15 of this chapter shall apply to the provisions of this article, to
the extent applicable.
ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours
or longer if the dietary requirements of the species so require, of a quantity of wholesome
foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in
each animal. The foodstuff shall be served in a clean receptacle, dish or container.
ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at
least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any
interval.
ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or
harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a
facility operated for such a purpose under a contract with the city.
BOARDING KENNEL: A place or establishment other than a pound or animal shelter where
dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a
consideration.
COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both,
for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder.
COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or
cats, or both, and may or may not render boarding services in return for a consideration.
DEALER: Any person who is engaged in the business of buying for resale or selling or
exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged.
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HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or
enclosures.
KENNEL: An area of private property that is sheltered where dogs or cats are kept under
constant restraint.
OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating
or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal
kept outdoors to protect themselves from the direct rays of the sun.
B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be
provided with access to shelter to allow them to remain dry during rain or snow.
C. Shelter From Cold Weather: Shelter must be provided for all dogs or cats and any animals
kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F).
Sufficient clean bedding material or other means of protection from the weather elements shall
be provided when the ambient temperature falls below that temperature to which the species is
acclimated. Pet carriers, crates and pet taxis are not considered adequate shelter against the
cold.
D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the
living area of the dog or cat or other animal.
Vehicles: Animals cannot be left in a vehicle, on a vehicle, or tethered to a vehicle for a
Wgth of time that could result in danger to or death of an animal, when the atmospheric
temperature falls below fifty degrees Fahrenheit (50°F) and/or when the heat index reaches
seventy-five degrees Fahrenheit (75°F). If the animal control officer determines that such an
animal is in immediate danger, the animal control officer or designee may remove the animal by
whatever means is necessary without liability, fpr the purpose of taking the animal in for
protective custody. Redemption of any animal taken into custody shall require payment of all
fees and charges as set forth in subsection 5-1-1E of this chapter within the applicable time
allowed by this chapter or by order of animal control or the city council.
PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate
animal is sold, exchanged or offered for sale to the general public.
PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited
amount of space, such as a room, pen, cage or compartment.
RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy,
dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or
scientific establishment situated in this state concerned with the investigation of, or instruction
concerning the structure or function of, living organisms, the cause, prevention, control or cure
of diseases or abnormal conditions of human beings or animals.
SERVICE ANIMAL: Any guide dog, signal dog, or other animal individually trained to provide
assistance to a person with a disability or that serves public health, safety and law enforcement
personnel, as well as any dog enrolled in a recognized formal training program for those types
of services.
TRANQUILIZE: To temporarily sedate any animal for gaining control. (Ord. 5204, 3-10-2014)
5-1A-2: LICENSES REQUIRED:
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A. Annual License: The owner of all dogs and cats six (6) months old or older, whether
service animals or otherwise, shall annually obtain a license therefor as hereinafter provided.
B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on
or before January 1 of each year apply to the city clerk for a license for each dog or cat owned
by said owner. Such application or license may be made after January 1, and at any time, for a
dog or cat which has come into the possession or ownership of the applicant, or which has
reached the age of six (6) months after said date.
C. Form Of Application: Subject application shall be in writing on blanks provided by the city
clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat,
and the address of the owner and be signed by said owner. Such application shall also state the
date of the most recent rabies vaccination, the type of vaccine administered and the date the
dog or cat shall be revaccinated.
D. License Fees:
1. The annual license fee for each dog or cat shall be determined from time to time by
resolution of the city council. Fees shall be paid by March 31 or within ninety (90) days after the
date on which any dog or cat that is not licensed first becomes subject to licensure under
subsection B of this section. Any fee not paid by the due date shall increase to an amount
determined from time to time by resolution of the city council.
2. Duplicate licenses shall be issued at a cost determined from time to time by resolution
of the city council.
3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats
has a valid license issued by the state of Iowa that allows the keeping of such animals.
4. The owner of all dogs or cats six (6) months old or older must comply with all the
provisions of this article, including, but not limited to, the obtaining of rabies vaccination and
license tag, even if the license fee has been waived. A written certificate from a licensed
veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been
vaccinated for rabies.
E. Term Of License: All licenses shall expire on January 1 of the year following the date of
issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or
cat.
F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is
transferred, the license for the same may be transferred by the city clerk by the notation on the
license record giving name and address of the new owner.
G. Implied Consent: The application for and the receipt of a license as required herein shall
include an implied consent by the owner to permit an inspection of both real and personal
property under his control for the purpose of carrying out the provisions of this article, including
inspection for cruelty to animals or an inspection of sanitary conditions.
H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the
year in which they are due and payable, and a penalty shall be added to each unpaid license on
or after said date in the like amount of the annual license fee as hereinbefore set out in
subsection D of this section. (Ord. 5204, 3-10-2014)
5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS:
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The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are
under the control of the owners or handlers while in transit or to be exhibited or to nonresidents
of the city if they are in the state for less than thirty (30) days or which are assigned to a
research institution or like facility. The license fee shall be waived for all dogs or cats if the
owner of said dogs or cats has a valid state license for said dogs or cats. (Ord. 5204, 3-10-
2014)
5-1A-4: RABIES VACCINATION REQUIRED:
A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It
shall be unlawful for any person to own or have a dog in his possession six (6) months of age or
over which has not been vaccinated against rabies.
B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be
an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the
frequency of revaccination necessary for approved vaccination shall be as established by
subject department. The vaccine shall be administered by a licensed veterinarian and shall be
given as approved by the Iowa state department of agriculture. Evidence of said rabies
vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the
certificate shall show that the vaccination does not expire within six (6) months from the
effective date of the dog or cat license. (Ord. 5204, 3-10-2014)
5-1A-5: LICENSE TAGS:
A. Required: The city clerk, Animal Control officers and Humane Society shall, upon receipt
of application, payment of license fee and proof of rabies vaccination, provide to the applicant a
license which shall be in the form of a metal tag.
B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a
substantial collar or harness and during the term of license shall be at all times kept on the dog
or cat for which the license is issued. On the expiration of the license, the owner shall remove
said tag from the dog or cat. (Ord. 5204, 3-10-2014)
5-1A-6: PROHIBITED ACTS AND CONDITIONS:
A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow
such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the
permission of its owner or caretaker, and proof of ownership and that said dog or cat was at
large shall constitute in evidence a prima facie presumption in any proceeding charging any
violation of this subsection. As to any dog at large under the circumstances described in
section 5-1B- of this chapter, violation of this subsection shall constitute a misdemeanor and
be punishable by a fine of not less than an amount determined from time to time by resolution of
the city council, or constitute a municipal infraction. For purposes of determining the civil penalty
applicable to subsequent municipal infraction offenses, any violation of this subsection that
occurs after the first offense is a subsequent offense.
B. Dogs Or Cats Attacking, Causing Damage Or Injury:
1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to
attack persons or domestic animals or to destroy property, or to permit such dog or cat to place
persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said
dog or cat did attack persons or domestic animals, destroy property, or place persons in
reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of
permission of the owner or caretaker in any proceeding charging violation of this subsection.
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2. Animal control shall have discretion about whether to charge a violation of this
subsection, depending on the particular circumstances and whether the animal constitutes a risk
of attacking again, and in exercising such discretion animal control may be aided by the
professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to
charge a violation concerning a dog, then animal control will classify the dog as potentially
dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written
notice of same to the owner or caretaker.
3. The owner or caretaker of a dog that has attacked must produce the dog to animal
control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may
be seized and the owner or caretaker will be guilty of a municipal infraction.
C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat
shall confine said female dog or cat in a building, or keep the same in his or her presence so
that the said female dog or cat cannot come into contact with another animal except for planned
breeding.
D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large
without a collar, license tag, or imbedded ownership chip, except for a person who does so as
an authorized participant in a city sponsored program to trap, neuter and release such cats.
E. Litters: It shall be unlawful for any person who does not possess a commercial breeder
license or permit issued by the state of Iowa or the federal government to keep, shelter, or
harbor a female dog or a female cat with its litter that at any time exceeds two (2) offspring,
unless the person registers the litter with animal control within five (5) days of birth or acquisition
and pays a registration fee in an amount determined from time to time by resolution of the city
council. Animal control may seize the entire litter and the mother that are in the possession of
any person violating this paragraph, and the person shall be guilty of a municipal infraction.
(Ord. 5204, 3-10-2014)
5-1A-7: KENNEL PREMISES; NONCONFORMING USE:
Any premises declared by this article to be a kennel that is not located in a properly zoned
district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a
nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended,
reconstructed, substituted or structurally altered except when required by law, nor shall the
number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned
or kept on a premises declared by this article to be a kennel, dies or is sold or is given away,
said dog or cat shall not be replaced until such time as the use of said premises is no longer a
kennel and a nonconforming use as defined by this section. In addition, in the event that the use
of a premises as a kennel is discontinued for a period of one year, use of the same shall
conform thereafter to the uses permitted in the zoning district in which it is located. (Ord. 5204,
3-10-2014)
5-1A-8: MUNICIPAL POUND:
A. City May Establish: The city may establish and maintain a municipal animal pound or
shelter to be conducted and operated by the city. It shall be the duty of the authorized persons
appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a
sanitary condition and free from offensive odors, to provide adequate and wholesome food for
animals impounded therein, to provide careful and humane treatment toward such animals, to
isolate diseased animals, and to provide for humane destruction of animals when necessary.
B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the
city may contract with any incorporated society or association for the prevention of cruelty to
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animals for the collection and protection of licensed or unlicensed dogs, cats and other animals,
for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals,
for the collection of dogs or cats, or other animals "at large" as herein defined, for the
destruction or other disposition of seized dogs or cats, or other animals, not redeemed as
provided by this article, for the disposal of dead animals, and to assist in the collection of
licenses upon dogs and cats. (Ord. 5204, 3-10-2014)
5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION:
A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not
wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If
the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an
animal without identification is not redeemed within three (3) days after impoundment, the dog
or cat may be humanely destroyed or, in appropriate circumstances as determined by animal
control, may be disposed of by sale or by donation to a suitable animal shelter or rescue
organization.
B. Permanent Identification: Each dog apprehended after being found at large, and each dog
confined pursuant to subsection 5-1-10B of this chapter, shall be assigned a registration number
by animal control or its designee. If a registration number has not previously been affixed to the
dog by permanent microchip implant, tattoo or some other permanent means, then before the
dog is released to its owner or caretaker the registration number shall be so affixed by a
licensed veterinarian or other person acceptable to the city, at the expense of the owner or
caretaker. If multiple forms of identification are available, the owner or caretaker may select the
type to be used. No person shall remove or alter such identification once it is affixed.
C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at
large for the third (3rd) time in a calendar year will be notified that the animal will be spayed or
neutered before being redeemed. within thirty (30) days after redemption and provide
documentary proof of same to animal control within ten (10) days after the procedure. If the
owner or caretaker fails to spay or neuter the animal, then animal control may seize it and, in
appropriate circumstanccs as determined by animal control, the animal may be destroyed or
disposed of by sale or by donation to a suitable animal shelter or rescue organization.
D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or
unless the animal is being tested for rabies or other communicable diseases, any dog or cat that
was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees
and charges as set forth in subsection 5-1-1E of this chapter within the applicable time allowed
by this chapter or by order of animal control or the city council. (Ord. 5204, 3-10-2014)
5-1A-10: VIOLATION; PENALTY:
Unless any section of this article prescribes a different penalty, any person violating any
provision of this article shall be deemed guilty of a municipal infraction. The court may grant any
other appropriate alternative relief. (Ord. 5204, 3-10-2014)
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ARTICLE B. DANGEROUS ANIMALS AND REGULATED
DOGS
SECTION:
5-1 B-1: Definitions
5-1 B-2: Keeping Of Dangerous Animals Prohibited; Exceptions
5-1 B-3: Regulations On Keeping Dangerous Animals
5-1 B-4: Prohibitions On Possession Of Animals
5-1 B-5: Regulated Dogs
5-1 B-6: Guard Dogs
5-1 B-7: Registration Of Regulated Dogs
5-1 B-8: Tethering Of Dogs
5-1 B-9: Dog Attacks
5-1 B-10: Irresponsible Dog Owners
5-1 B-11: Landlord Liability
5-1 B-12: Enforcement
5-1 B-1: DEFINITIONS:
As used in this article, unless the context indicates otherwise, the following words and phrases
shall have the meanings respectively ascribed to them in this section. In addition, the words and
phrases defined in sections 5-1-15 and of this chapter shall apply to the provisions of
this article, to the extent applicable.
DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or
gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting
serious injury upon, or causing disease among human beings or domestic animals and having
tendencies as a species to do so.
B. Any animal declared to be dangerous by the city council or an animal control officer.
C. The following animals or species of animals shall be deemed dangerous per se:
1. All felids, except Felis domestica (domestic cats).
2. All ursids (bears).
3. All canids, except Canis familiaris (dogs).
4. All nonhuman primates.
5. All crocodilians.
6. All venomous and constricting snakes.
7. All venomous reptiles.
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8. All venomous arachnids.
9. All mustelids, except domestic ferrets.
D. In addition to the exceptions stated in subsection C of this definition, the following animals
shall not be considered dangerous animals, but nonetheless may be subject to applicable
zoning requirements:
1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs,
horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas.
2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited
to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas,
and ball pythons.
3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats.
DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal
without provocation and causes injury not severe enough to result in a broken bone or a
laceration requiring multiple sutures, or any dog that according to available records has
committed such acts.
B. Notwithstanding subsection A of this definition, a dog shall not be deemed a dangerous
dog in the following circumstances:
1. Where the dog is used by a law enforcement official for approved law enforcement
purposes.
2. Where the threat or injury was sustained by a person who was committing a wilful
trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog
was properly confined or tethered as required by this chapter.
3. Where the threat or injury was sustained by a person who was committing or attempting
to commit a crime on the property of the owner or caretaker of the dog, or by a person who was
attacking the owner or caretaker of the dog.
4. Where the threat or injury was sustained by a person due to the person torturing,
tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without
lawful justification, or by a person in the process of treating or rendering aid to a previously
injured animal.
5. Where the dog was protecting itself or its young.
6. Where the threat or injury was sustained by a domestic animal that was at large and
entered a confined area of the dog.
GUARD DOG: Any dog trained or used to protect persons or property by attacking or
threatening to attack any person found within the area patrolled by the dog and that is either
securely enclosed within that area at all times or under the continuous control of a trained
handler.
POTENTIALLY DANGEROUS DOG: Any dog with a tendency or disposition to bite or attack
unprovoked, to otherwise endanger the safety of humans or other domestic animals, or that
chases or approaches a person or other domestic animal without provocation while off its
owner's or caretaker's property in a menacing fashion or apparent attitude of attack, if the owner
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of such dog is convicted or pleads guilty, no contest, or the equivalent to a violation of
subsection 5-1A-6B of this chapter based on fear of attack or injury.
REGULATED DOG: Any dog that is a "potentially dangerous dog", "dangerous dog", or "vicious
dog" as defined by this article.
VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without
provocation and causes injury that results in one or more broken bones or a laceration requiring
multiple sutures, or any dog that according to available records has committed such acts.
B. Any dog that kills a person or other domestic animal without provocation while off the
property of its owner or caretaker.
C. Notwithstanding subsections A and B of this definition, a dog shall not be deemed a
vicious dog under the same circumstances in which a dog would not be deemed a dangerous
dog as set forth under the definition of a "dangerous dog". (Ord. 5204, 3-10-2014)
5-1 B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS:
A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the
city, a "dangerous animal" as defined in this article, except as provided in subsection B of this
section or in section 5-1 B-3 of this article.
B. The prohibition contained in subsection A of this section shall not apply to the secure
keeping of dangerous animals in the following circumstances:
1. In a bona fide, licensed veterinary hospital for treatment.
2. Under the jurisdiction of and in the possession of the natural resources commission,
pursuant to Iowa Code chapters 481A and 481B.
3. At the Cedar Bend Humane Society.
4. In a public zoo, bona fide educational or medical institute or museum where they are
kept as live specimens for public viewing or for purposes of research, study or instruction.
5. For purposes of bona fide religious practice or ritual.
6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly
licensed by the city. (Ord. 5204, 3-10-2014)
5-1 B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS:
A. Report Required; Information: Every person owning, keeping, sheltering or harboring a
dangerous animal pursuant to subsection 5-1 B-2B of this article shall report such fact, in writing,
to the animal control officer, together with the following information:
1. The species name of each animal;
2. The number of such animals of each such species kept on the premises;
3. A physical description of each such animal, including any pet names to which it might
respond;
4. The location of such animal or animals within the city, including the location of the cage
or place of confinement upon or in the premises wherein the animal or animals are kept;
5. In the case of poisonous dangerous animals, the location of the nearest source of
antivenom for that species; and
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6. The specific purpose for which the animal is kept and any use that will be made of the
animal.
B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal
shall at all times keep such animal securely confined within a cage or enclosure.
C. Poisonous Animals; Antivenin Kept: Every person owning, keeping, or harboring a
poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and
current at all times.
D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a
dangerous animal shall permit or allow such animal to enter upon or traverse any public
property, park property, public right of way or other property of another, except when such
animal is being transported while caged or confined.
E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control
immediately in the event that a dangerous animal has escaped and is at large.
F. At Large: In the event that a dangerous animal is found at large and unattended upon
public property, park property, public right of way, or the property of someone other than its
owner or caretaker, thereby creating a hazard to life or property, such animal may, in the
discretion of the animal control officer, be destroyed if it cannot be confined or captured. The
city shall be under no duty to attempt the confinement or capture of a dangerous animal found
at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its
destruction.
G. Order To Remove: In the event the animal control officer determines that a dangerous
animal is being kept, sheltered or harbored by any person or entity in violation of the provisions
of this article, the animal control officer may, in his or her discretion, have such person or entity
prosecuted for such violation, and he or she may order such person or entity to remove such
dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove
the dangerous animal, which notice shall be given in writing, directed to such person or entity.
H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an
order issued by the animal control officer pursuant to subsection G of this section shall follow
the appeal procedures of section 5-1-13 of this chapter. If the city council affirms the action of
the animal control officer, the provisions of section 5-1-13 of this article shall apply. (Ord. 5204,
3-10-2014)
5-1 B-4: PROHIBITIONS ON POSSESSION OF ANIMALS:
A. Persons Convicted Under State Law On Animal Contest Events: Any person who has
been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa
Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city
limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such
offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine
of not less than an amount determined from time to time by resolution of the city council, or
constitute a municipal infraction.
B. Violation Registry: Animal control shall keep a registry of names and addresses of
individuals with convictions for violating Iowa Code 717D.2 and section 5-1 B-5 or 5-1 B-7 of this
article. Any individual on this registry is subject to the restrictions on ownership found in this
article, regardless of whether the individual changes addresses or moves to a different
residence. An individual will be in violation hereof if the prohibited animal is found in their
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residence regardless of any claim that the animal belongs to someone else occupying the
residence.
C. Notice Of Violation; Confinement: In the event an animal control officer determines that an
animal is being kept, sheltered or harbored by any person or entity in violation of the provisions
of this section or section 5-1 B-10 of this article, which determination may be based on direct
observation or on a preponderance of credible evidence (such as photographs, witness
affidavits, or other physical evidence), the animal control officer shall have such person or entity
prosecuted for such violation and shall take the animal into custody at the expense of the owner
or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as
the owner or caretaker agrees in writing to remove or destroy the animal or the city council has
ruled on an appeal of the violation finding. After making a finding that an animal is being kept,
sheltered, or harbored in violation of this article, animal control shall issue a written notice of
violation, directed to such person or entity.
D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an
order issued by the animal control officer pursuant to subsection C of this section shall follow
the appeal procedures of section 5-1-13 of this chapter. The appeal cannot be filed until all
costs incurred to date in caring and providing for the animal, as set forth in subsection 5-1-1 E of
this chapter, are paid and a bond is posted with the city clerk. If the city council affirms the
action of the animal control officer, the provisions of section 5-1-13 of this article shall apply.
(Ord. 5204, 3-10-2014)
5-1 B-5: REGULATED DOGS:
A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any
dog over the age of six (6) months.
B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a
"regulated dog" as defined in section 5-1 B-1 of this article, except as expressly permitted by this
article.
C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at
large and unattended upon public property, park property, public right of way, or the property of
someone other than its owner or caretaker, thereby creating a hazard to life or property, such
dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and
confined. The city shall be under no duty to attempt the confinement or capture of a dangerous
dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to
its destruction.
D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated
dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of
this article, which determination may be based on direct observation or on a preponderance of
credible evidence (such as photographs, witness affidavits, or other physical evidence) that the
dog qualifies as a "regulated dog" as defined by this article, the animal control officer may, in his
or her discretion, have such person or entity prosecuted for such violation. After making a
finding that the dog is a regulated dog, animal control shall issue a written notice of violation,
directed to such person or entity. At the time such notice is issued, the dog shall be taken into
the custody of animal control and confined at the expense of the owner or caretaker at the city
impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of
the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the
regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially
dangerous dog, agree in writing to permanently remove the dog from the city. The owner or
caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-
Page 301 of 325
1 B-7 of this article. If the owner or caretaker fails to take all steps necessary to timely perfect an
appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be
destroyed in a humane manner, and the fees and charges of impoundment, as set forth in
subsection 5-1-1 E of this chapter, and with destruction of the dog shall be charged against the
owner or caretaker.
E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an
order issued by the animal control officer pursuant to subsection D of this section shall follow
the appeal procedures of section 5-1-13 of this chapter. The appeal cannot be filed until all
costs incurred to date in caring and providing for the dog, as set forth in subsection 5-1-1E of
this chapter, are paid and a bond is posted with the city clerk. If the city council affirms the
action of the animal control officer, the provisions of section 5-1 B-12 of this article shall apply.
F. Permanent Identification Required: A dog found to be a potentially dangerous dog,
dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any
appeal, shall be assigned a registration number by animal control prior to the dog being
released to its owner or caretaker, which shall be affixed to the dog by permanent microchip
implant, tattoo or some other permanent means, by a licensed veterinarian or other person
acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification
are available, the owner or caretaker may select the type to be used. No person shall remove or
alter such identification once it is affixed.
G. Destruction Of Regulated Dogs Not Permanently Removed Or Destroyed: If a regulated
dog is required to be removed from the city under this section and the dog is subsequently
found within city limits following the date the owner or caretaker agreed to removal, the failure to
permanently remove will constitute a separate and independent violation of this section. In
addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without
further action or possibility of appeal, and the costs of such destruction will be charged against
the party prosecuted for the offense.
H. Dog Found Potentially Dangerous, Dangerous Or Vicious By Another Jurisdiction: A dog
found within city limits which has previously been determined to be potentially dangerous,
dangerous, vicious or a threat to the health or safety of humans or other domestic animals by
court order or by any other city, county or state whose laws or regulations are substantially
similar to those of this chapter shall automatically be deemed to be a potentially dangerous,
dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity
keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D
of this section. Any such dog will be impounded. Within seven (7) days after delivery of the
notice of violation or, if appealed, within seven (7) days after the city council has ruled on the
regulated dog finding, the owner or caretaker may agree in writing to permanently remove the
dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps
necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if
the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees
and charges of impoundment, as set forth in subsection 5-1-1 E of this chapter, and with
destruction of the dog shall be charged against the owner or caretaker. (Ord. 5204, 3-10-2014)
5-1 B-6: GUARD DOGS:
The prohibition contained in this article shall not apply to keeping of guard dogs; provided,
however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and
any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to
the provisions of this article. A limit of one guard dog is permitted for each residential premises
and two (2) guard dogs for each nonresidential premises. Any premises guarded by a guard dog
Page 302 of 325
shall be prominently posted with a sign containing the wording "guard dog" or words of similar
import, and the owner or caretaker of such premises shall inform animal control and the police
department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or
caretaker's responsibility to notify animal control immediately when a guard dog has escaped
and is running at large. The provisions of subsections 5-1 B-7A through F, H and I of this article
shall apply to the registration of guard dogs. (Ord. 5204, 3-10-2014)
5-1 B-7: REGISTRATION OF REGULATED DOGS:
A. Registration Requirement; Penalty For Failure To Register: If animal control determines
that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed,
harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor
completes a registration with animal control and receives a registration certificate authorizing
ownership or possession of the dog. Animal control shall notify the owner or possessor in writing
that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days
following the date that animal control delivers notice to the owner or caretaker that the dog is
regulated, the owner or caretaker of the dog must obtain the registration certificate or file an
appeal of such determination pursuant to subsection M of this section. Any person found to
own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said
dog or failed to file a timely appeal will be subject to an administrative penalty and/or a
municipal infraction violation punishable by a civil penalty, with such penalties to be determined
from time to time by resolution of the city council. In addition, the registration fee will be
increased to an amount determined from time to time by resolution of the city council, and
animal control will impound the animal. The owner or caretaker may register the dog within
seven (7) days following impoundment and obtain release of the dog if the required registration
fee, administrative penalty, and all fees and charges of impoundment, as set forth in
subsection 5-1-1 E of this chapter, are paid. If the owner or possessor does not timely complete
the registration process or file an appeal, the dog may be destroyed in a humane manner and
all fees and charges associated with impoundment, as set forth in subsection 5-1-1 E of this
chapter, and destruction of the dog shall be charged against the owner or caretaker.
Registration under this section is in addition to any licensing requirements set forth in article A of
this chapter.
B. Registration Form: An owner or caretaker of a dog determined to be potentially
dangerous, dangerous or vicious by animal control must execute a registration form with animal
control which includes the following information:
1. Name, address, and telephone number of the owner or caretaker, including proof that
the owner or caretaker is over the age of eighteen (18) years;
2. Name and detailed physical description of the regulated dog;
3. A photograph of the dog taken by animal control;
4. Registration number assigned by animal control to the dog;
5. Veterinarian information for the dog;
6. Proof of a current rabies vaccination number and expiration date (a copy of which must
be retained by animal control);
7. City license number (a copy of which must be retained by animal control);
8. Microchip or tattoo number as provided by subsection D of this section;
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9. Detailed description of the incident or incidents leading animal control to classify the dog
as regulated; and
10. Sufficient proof that the applicant has proper facilities where the animal can safely be
kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or
secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in
length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from
digging out).
C. Registration Fee And Proof Of Insurance: In addition to completion of the registration
form, an owner or caretaker of a regulated dog must pay a registration fee in an amount
determined from time to time by resolution of the city council to register the dog with animal
control and provide proof of liability insurance to animal control totaling a minimum of three
hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or
loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of
insurance will result in denial of registration.
D. Permanent Identification: The registration number assigned by animal control under this
section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a
licensed veterinarian or other person acceptable to the city, at the applicant's expense. No
person shall remove or alter such identification once it is affixed.
E. Issuance Of Registration Certificate: If all requirements of this section are met, the
applicant will be issued a registration certificate entitling them to own, maintain, possess, or
shelter the regulated dog within city limits.
F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has
previously been convicted of, or has pled guilty, no contest, or the equivalent to, an offense
under Iowa Code 717D.2, who has been convicted of a violation of section 5-1 B-5 of this article,
or who has pled guilty, no contest, or the equivalent with respect to any such offense or
violation, shall not be permitted to register a dog under this section.
G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to
any licensed veterinarian or animal shelter providing services in such capacity.
H. Renewal Of Registration: A registration certificate issued pursuant to this section must be
renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an
additional twelve (12) months following expiration of the current registration certificate, provided
that he or she pays the registration fee in an amount determined from time to time by resolution
of the city council, provides proof of current insurance, and updates any registration information
previously provided.
I. Additional Notification Responsibilities:
1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control immediately if the dog is loose or not confined, has attacked
another domestic animal, or has attacked a human being.
2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control within forty eight (48) hours of the dog's death.
Documentation from a veterinarian or physical proof that the dog is deceased will need to be
provided to animal control.
3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control within forty eight (48) hours if the dog has been sold,
Page 304 of 325
relocated or given away and shall provide animal control with the name, address, and telephone
number of the new owner or caretaker of the dog.
4. An owner or caretaker of a regulated dog must notify animal control of any change of
address within fourteen (14) days after the change.
J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous,
dangerous or vicious must have the animal spayed or neutered within thirty (30) days of
issuance of the registration certificate and provide documentary proof of same to animal control
within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog,
then animal control may seize it, and, in appropriate circumstances as determined by animal
control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal
shelter or rescue organization.
K. Conditional Removal Of Registration Requirement: If, within three (3) years of registration
as a potentially dangerous dog, there have been no further incidents that satisfy the standards
for such dog to be deemed potentially dangerous, the dog's registration requirement may be
reviewed by animal control upon the owner's request. If animal control chooses to lift the
registration requirement, the dog in question may still be declared potentially dangerous,
dangerous or vicious at any future date if it meets the standards for classification as such. In the
event that animal control chooses to maintain the registration requirement for the dog, such
decision shall be appealable to the city council.
L. Automatic Enhancement Of Regulated Status: After registration as a potentially dangerous
dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog
at least two (2) times within any consecutive twelve (12) month period, such dog will
automatically be deemed a dangerous dog and be subject to section 5-1 B-5 of this article. If a
dog has been registered as a potentially dangerous dog or a dangerous dog and at any time
thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning
any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception
is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1 B-5 of
this article.
M. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a
notice or order issued by the animal control officer pursuant to this section shall follow the
appeal procedures of section 5-1-13 of this chapter. If the city council affirms the notice or order,
the owner must complete the registration process pursuant to this section within seven (7) days
of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions
set forth in subsection A of this section and in section 5-1B-12 of this article. (Ord. 5204, 3-10-
2014)
5-1 B-8: TETHERING OF DOGS:
A. A dog may be restrained outdoors by tether, only on the property of the owner or
caretaker of the dog, and only under the following conditions:
1. No tether may be attached to a fixed object unless the tether is so placed or attached
that it cannot become entangled with another animal or object, and cannot extend over an
object or edge that could result in strangulation of or injury to the animal, and shall be of
sufficient length in proportion to the size of the animal, but no less than ten feet (10') in length,
to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and
an outdoor facility that provides adequate protection from the elements. Such tethering shall be
so located so as not to allow such animal to trespass on public property or upon private property
Page 305 of 325
belonging to others, nor in such manner as to cause harm or danger to persons, the tethered
animal, or other animals.
2. The tether shall not weigh more than one -eighth ('/8) of the animal's body weight.
3. The tether must be attached to a properly fitting collar or harness worn by the animal.
Choke or prong collars are prohibited. The tether must have a swivel at both ends.
4. When the temperature falls below thirty degrees Fahrenheit (30°F), with wind chill factor
applied, or when the heat index is at least eighty-five degrees (85°), no animal may be
restrained outdoors by tethering for more than fifteen (15) minutes without access to adequate
food, adequate water, and an outdoor facility that provides adequate protection from the
elements. In any circumstances, a tethered animal must have access to an outdoor facility that
provides adequate protection from the elements. (Ord. 5204, 3-10-2014)
5-1 B-9: DOG ATTACKS:
In the event of an attack on a person or a domestic animal by a dog at large that was previously
determined to be a vicious dog or that is determined to be a vicious dog as a result of such
attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and
may be destroyed by the city without further action or possibility of appeal. The owner or
caretaker will be charged all fees and charges incurred as set forth in subsection 5-1-1 E of this
chapter and all costs incident to destruction of the dog. (Ord. 5204, 3-10-2014)
5-1 B-10: IRRESPONSIBLE DOG OWNERS:
A. Any person who has been convicted of any violation of this article, or who has pled guilty,
no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12)
months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a
license for any dog not already licensed by such person, and if such person is so convicted or
so pleads a third time during a twelve (12) month period, the person shall forfeit all right to own
or possess a dog in the city, at which time animal control shall be authorized to seize all dogs
owned or possessed by such person and to dispose of the dogs by destruction or, in
appropriate circumstances as determined by animal control, by sale or by donation to a suitable
animal shelter or rescue organization. Violation of this subsection shall constitute a
misdemeanor and be punishable by a fine of not less than an amount determined from time to
time by resolution of the city council, or constitute a municipal infraction.
B. A person designated as an irresponsible dog owner who is not convicted or does not
plead to a further violation of this article for a period of thirty six (36) months may apply to
animal control to have the designation removed. The decision of animal control is appealable to
the city council according to the appeal procedures set forth in section 5-1-13 of this chapter.
(Ord. 5204, 3-10-2014)
5-1 B-11: LANDLORD LIABILITY:
A. A landlord or its property manager that knowingly permits a tenant or occupant of its
property to possess a dog in violation of section 5-1 B-4, 5-1 B-5 or 5-1 B-10 of this article shall be
guilty of a municipal infraction.
B. A landlord or its property manager shall not be guilty of a violation of subsection A of this
section if it takes prompt action to notify the tenant or occupant that the dog must be
permanently removed from the property within seven (7) days of notice as set forth in Iowa
Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or
occupant if the violation is not remedied.
Page 306 of 325
C. Whenever animal control or the city clerk issues a notice, order or decision in connection
with a violation of section 5-1 B-4, 5-1 B-5 or 5-1 B-10 of this article to a person who is not the
owner of the property, a copy of said notice, order or decision shall also be sent to the property
owner at the tax statement address shown in the records of the county auditor. The failure of
animal control or the city clerk to issue a copy of any notice, order or decision to the property
owner, or the failure of the property owner to receive same, shall not be a defense to any
violation of subsection A of this section. (Ord. 5204, 3-10-2014)
D. Landlords are responsible for any fees charged for removal of abandoned animals or
animals left at a property due to eviction or a tenant's extended illness or death.
5-1 B-12: ENFORCEMENT:
A. Failure To Comply:
1. Except as set forth in subsection 5-1 B-7A of this article, if the city council affirms a notice
or order of the animal control officer, the city council may also order in its written decision that
the person or entity owning, sheltering, harboring or keeping such dangerous animal or
regulated dog permanently remove such animal or dog from the city or destroy it; provided that
dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision
and order shall immediately be served upon the person or entity against whom rendered in the
same manner as the initial notice or order.
2. In any situation where permanent removal of an animal or dog from the city is permitted,
the animal or dog will not be released to the owner or caretaker until the owner or caretaker
executes a form provided by the city which includes the following: a) identifying information for
the animal or dog, b) the location to which it will be removed, and c) the date of removal. The
owner must also pay all fees and charges of impoundment, as set forth in subsection 5-1-1 E of
this chapter, before the animal or dog will be released and the bond, if any, lifted. If within seven
(7) days after issuance of the order the owner or caretaker fails to complete the application for
removal and pay such fees and charges, fails to petition the district court for review of the order,
or otherwise fails to take action, then animal control shall cause the animal or dog to be
destroyed in a humane manner.
3. If instead of removal the animal or dog is ordered destroyed by the city council and the
owner fails to file a petition for review of the order with the district court within seven (7) days
after its issuance, the animal or dog will be destroyed in a humane manner.
4. As an alternative to the destruction of an animal or dog it may, in appropriate
circumstances as determined by animal control, be disposed of by sale or by donation to a
suitable animal shelter or rescue organization.
B. Penalties:
1. Unless a different penalty is specifically prescribed by any section of this article, in which
case such penalty shall apply, the failure to comply with an order of the city council issued
pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less
than an amount determined from time to time by resolution of the city council, or constitute a
municipal infraction.
2. For purposes of determining the civil penalty applicable to subsequent municipal
infraction offenses, any violation of this article that occurs after the first offense is a subsequent
offense, even if the violations are of different provisions of this article. (Ord. 5204, 3-10-2014)
Page 307 of 325
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Page 308 of 325
CITY OF WATERLOO
Council Communication
Hearing on Order Assessing Civil Penalty to XO Liquor, 428 Franklin Street, Waterloo, Iowa 50703, for sale
of tobacco to minor violation -first offense.
City Council Meeting: 1/17/2023
Prepared: 1/3/2023
ATTACHMENTS:
Description Type
❑ Order Assessing P enalty-First Violation-XO Liquor Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Motion to open hearing Assessing Civil Penalty.
HOLD HEARING.
Motion to close Hearing Assessing Civil Penalty.
Resolution approving Order Assessing Civil Penalty, in the amount of
$300.00 to XO Liquor, 428 Franklin Street, Waterloo, Iowa, for sale of
tobacco to minor violation -first offense.
Submitted By: Martin M. Petersen, City Attorney
Motion to open hearing.
HOLD HEARING.
Resolution approving Order assessing civil penalty in the amount of $300.00
to XO Liquor, 428 Franklin Street, Waterloo, Iowa 50703, for sale of
tobacco to minor-lst offense.
On December 3, 2022, store clerk sold cigarettes to minor at store location.
Clerk was cited and plead guilty and was fined. Store owner was given
notice of violation and has not responded to City. Store owner has not paid
civil penalty in the sum of $300.00. Therefore, this matter is set before the
City Council.
Page 309 of 325
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
XO LIQUOR ORDER
428 FRANKLIN STREET ASSESSING PENALTY
WATERLOO, IOWA 50703 FIRST VIOLATION
On this day of January, 2023, after a public hearing on the matter, the Waterloo
City Council finds that based upon evidence submitted by the City Attorney's Office, the above -
captioned permittee committed a first violation of Iowa Code §453A.2(1), selling, giving, or
otherwise supplying any tobacco, tobacco products, or cigarettes to any person under twenty-one
years of age.
THEREFORE, the Waterloo City Council orders that a civil penalty be remitted by the
above -captioned permittee, to the City of Waterloo, check made payable to City of Waterloo, on
or before 16th day of February, 2023, (30 days from the date of this Order). This sanction will
count as a First Violation of Iowa Code Section 453A.2(1), pursuant to Iowa Code Section
453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the
automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
Page 310 of 325
Page 311 of 325
CITY OF WATERLOO
Council Communication
Resolution approving Animal Control Services Fee Schedule.
City Council Meeting: 1/17/2023
Prepared: 1/6/2023
ATTACHMENTS:
Description Type
❑ Resolution for Animal Control Fees Backup Material
Submitted by: Submitted By: Randy Bennett, Public Works Division Manager
Recommended Action: Approve resolution for Animal Control Fees
Summary Statement: Fees set for Animal Control Services
Page 312 of 325
RESOLUTION
RESOLUTION SETTING FEES FOR ANIMAL CONTROL SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the following fees be set for Animal Control Services:
Animal Control Fee:
Rate
Impound Fee (taken to CBHS)
$56.00
Annual License Fee - Spayed and Neutered Jan 1 - Mar 31
$5.00
Annual License Fee - Spayed and Neutered Apr 1 - Dec 31
$10.00
Annual License Fee - Non -Spayed or Neutered Jan 1 - Mar 31
$10.00
Annual License Fee - Non -Spayed or Neutered Apr 1 - Dec 31
$20.00
Deceased Animal Pick Up Fee up to 25 lbs. (privately -owned)
$25.00
Deceased Animal Pick Up Fee over 25 lbs. (rate per pound over 25 lbs.)*
$1.00
Pick Up Fee (returned to owner)
$25.00
Pick up Fee After Initial Pick Up within a calendar year**
$10.00
Trap Rental for 5 day period
$25.00
*Deceased Animal Pick Up Fee is a base rate of $25 with an additional rate of $1.00/1b over 25 lbs.
**Additional Pick Up Fee applies if animal is picked up multiple times in a calendar year. 1st pick up =
$25, 2nd pick up = $35, 3rd pick up = $45, etc.
Wildlife animal pick up is free.
Fees are not pro -rated.
No refunds.
PASSED AND ADOPTED this 17th day of January, 2023.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
Page 313 of 325
CITY OF WATERLOO
Council Communication
4:00 p.m. Council Work Session, Harold E. Getty Council Chambers
City Council Meeting: 1/17/2023
Prepared:
Submitted by: Submitted By:
Page 314 of 325
CITY OF WATERLOO
Council Communication
4:45 p.m. Housing Authority board, Harold E. Getty Council Chambers
City Council Meeting: 1/17/2023
Prepared:
Submitted by: Submitted By:
Page 315 of 325
CITY OF WATERLOO
Council Communication
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
City Council Meeting: 1/17/2023
Prepared:
Submitted by: Submitted By:
Page 316 of 325
CITY OF WATERLOO
Council Communication
Historic Preservation Commission minutes of October 18, 2022.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
o minutes Backup Material
SUBJECT: Historic Preservation Commission minutes of October 18, 2022.
Submitted by: Submitted By:
Page 317 of 325
WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES
REGULAR MEETING — October 18, 2022— 4:30 P.M.
The meeting was held in the Mollenhoff Conference Room at City Hall
Chairperson Ottesen called the regular meeting of the City of Waterloo Historic Preservation
Commission meeting to order at 4:30 p.m.
Commission Members present were: Ed Ottesen, Mathew Gilbert, Terry Stevens, Susan Price
Hector Salamanca Arroyo, Cole Weliver and Ivan Valtchev.
Commission Member(s) absent were: Nick Hedrick
Others present were: Lexi Blank — Planning Staff; Ed Gallagher — Grout Museum Liaison;
Thomas Hayes - Applicant
Approval of Agenda
Motion made by Salamanca Arroyo, seconded by Valtchev to approve the agenda of the
October 18, 2022, regular meeting. Motion carried unanimously.
Approval of Minutes
Motion made by Salamanca Arroyo, seconded by Valtchev to approve the minutes of the
September 20, 2022 meeting. Motion carried unanimously.
Oral Presentations
No Oral Presentations
Hearings
1. Request by Thomas Hayes for a Certificate of Appropriateness to allow for a
new 6' wood privacy fence at 1212 Independence Avenue
Blank gave the staff report. Thomas Hayes, applicant, explained he is requesting a 6' fence to
create some privacy between him and his neighbors. He noted he is not planning to stain the
fence due to it being treated wood. Cole noted there are many 6' fences in the district and there is
one across the Boulevard from her house. She did not see any issues with the height of the fence
being proposed.
Stevens made a motion to approve the request by Thomas Hayes for a Certificate of
Appropriateness to allow for a new 6' wood privacy fence at 1212 Independence Avenue. The
motion carried unanimously.
Building Consultation
No report
-1-
Page 318 of 325
Reports
1. Main Street
Valtchev noted the Iowa League of Cities Conference brought many compliments to Waterloo.
The towers have been installed and are lit up at the W 4th Street Bridge. Hanging flowers have
been taken down for the season and there will be fewer flowers returning next year due to the
budget. Terry noted the Hawkeye horticulture students could possibly be a source for help with
maintaining the flowers.
2. Silos and Smokestacks.
No Report
3. Grout Museum
Gallagher stated the remodeling project at the Grout Museum is ongoing and they seem to be on
schedule. The Museum continues to stay open during the renovation and a dinosaur exhibit is
planned for next year.
4. Project Update
No Report
5. Highland
No Report
6. Walnut
Valtchev noted the grocery store is progressing with construction and 425 Franklin started demo
several weeks ago and has started construction on new elements.
Discussion Items/Possible Action Items
1. School Art Project 2023
Stevens mentioned changing the School Art Project to a city-wide art project. All members of the
community would be invited to join, such as school -age children, college students, adults, and
the older generation. A timeline for the project was presented. Terry asked about who else to get
involved and who may be a good spokesperson. The commissioners mentioned Nia Wilder as a
good spokesperson and getting members of different organizations to advertise for the project.
2. Main Street Waterloo Collaboration
No Report
-2-
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3. Other Collaborations
Susan stated she attended the Cedar Falls Historic Commission meeting. The 3 members and a
City Planner talked about new business in the city and old business. Susan said there was not
much talk about preservation within the city.
Matthew noted the 415 Collective will be hosting a Community Brunch at 9:OOam on November
5th at the First Presbyterian Church. This is a great time for commissioners to educate community
members about the Historic Commission. A tour of 415 Walnut will be available before or after
the brunch for commissioners.
4. City -Owned Properties and Demo List
No Report
5. Maps
No Report
6. Goals and Action Plans
Lexi summarized the Grant Schedule and Commissioners decided to have it included and
updated in each month's packet.
Discussion Items:
Lexi noted the National Trust is looking for individuals to encourage Congress support for
improvements to the Historic Tax Credit Program that will help funding for small improvement
proj ects.
Design Guidelines:
Ed asked the commissioners whether they would like to set up the Design Guidelines by Historic
District if additional districts were added to the city. Members said they would like to see
separate guidelines for each district. Ed discussed the difference between rehabilitation and
restoration and told the commission this will need to be kept in mind when creating the design
guidelines.
Adjournment
Chairperson Ottesen adjourned the meeting at 5:45 p.m.
Respectfully submitted,
Lexi Blank
Planner I
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CITY OF WATERLOO
Council Communication
Historic Preservation Commission special meeting of November 18, 2022.
City Council Meeting: 1/17/2023
Prepared: 1/4/2023
ATTACHMENTS:
Description Type
o minutes Backup Material
SUBJECT: Historic Preservation Commission special meeting of November 18, 2022.
Submitted by: Submitted By:
Page 321 of 325
WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES
SPECIAL MEETING — November 18, 2022— 1:00 P.M.
The meeting was held via Zoom
Chairperson Ottesen called the regular meeting of the City of Waterloo Historic Preservation
Commission meeting to order at 1:07 p.m.
Commission Members present were: Ed Ottesen, Mathew Gilbert, Terry Stevens, Susan Price,
Nick Hedrick, Cole Weliver and Ivan Valtchev.
Commission Member(s) absent were: Hector Salamanca Arroyo
Others present were: Lexi Blank and Aric Schroeder — Planning Staff; Sally Darragh and Ann
Bilanzich- Applicants
Approval ofAjienda
Motion made by Hedrick, seconded by Valtchev to approve the agenda of the November 18,
2022 special meeting. Motion carried unanimously.
Approval of Minutes
Motion made by Valtchev, seconded by Price to approve the minutes of the October 18, 2022
meeting. Motion carried unanimously.
Oral Presentations
No Oral Presentations
Hearings
1. Request by Sally Darragh for a Certificate of Appropriateness to allow for a new 6'
vinyl privacy fence at 145 Prospect Ave.
Blank gave the staff report. Valtchev asked for clarification on where the fence will be placed.
The applicants verified it will be in the northeast corner of their lot and abut up to their
neighbor's fence. They also mentioned the previous rotten fence has been removed and the new
one will match the neighbor's fence.
Hedrick made a motion to approve the request by Sally Darragh for a Certificate of
Appropriateness to allow for a new 6' vinyl privacy fence at 145 Prospect Ave. The motion
carried unanimously.
2. Request by Jesse Swan for a Certificate of Appropriateness to allow for the
replacement and repair of soffit, fascia, and gutters at 241 Alta Vista Avenue.
The Commission asked if the applicant will be repairing and replacing with the same materials.
Blank confirmed the materials will be the same or similar.
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Valtchev made a motion to approve the request by Jesse Swan for a Certificate of
Appropriateness to allow for the replacement and repair of soffit, fascia, and gutters at 241
Alta Vista Avenue. The motion carried unanimously.
3. Request by the City of Waterloo for a Certificate of Economic Hardship to demo a
house at 207 Lafayette Street.
Blank shared the staff report. Schroeder noted Code Enforcement was on the previous owners to
fix some of the issues. He stated the roof is caving in, the porch is deteriorating, the stairwells
have caved in, and there are mold issues with the home. Valtchev asked if Habitat for Humanity
has been contacted about wanting to rehabilitate the home. Schroeder mentioned they looked at
208 Sunnyside Ave and said it was too far gone. 207 Lafayette is in similar shape to 208
Sunnyside Avenue. Habitat for Humanity also focuses more in the Walnut and Church Row
neighborhoods.
Ottesen asked what kind of condition the JSA homes on East 3rd St were in when they were
acquired and rehabilitated. Schroeder stated they were in bad shape, but not as bad as 207
Lafayette Street. Valtchev asked the cost of the demo. Schroeder noted the demo could cost
$20,000 to $25,000 if asbestos testing and abatement can be completed or $35,000 to $40,000 if
it cannot be completed.
Gilbert questioned if the property is a nuisance, or has security or pest concerns. Schroeder stated
the property is definitely a nuisance and is reasonable secure because it is boarded up. Valtchev
mentioned boarding up houses in a more appealing and more weather resistant way, such as
adding color. Schroeder noted the city can look into it, but typically the homes are already
boarded up before the city acquires them, sometimes not by the city. It could increase the cost to
secure a property as well.
Valtchev mentioned tabling the request in order to ask companies, such as Habitat for Humanity
and JSA Development is they would like to rehabilitate the property.
Valtchev made a motion to table the request by the City of Waterloo for a Certificate of
Economic Hardship to demo a house at 207 Lafayette Street. The motion carried
unaminously.
Buildin,i Consultation
No report
Reports
1. Main Street
No Report
2. Silos and Smokestacks.
No Report
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3. Grout Museum
No Report
4. Project Update
No Report
5. Highland
No Report
6. Walnut
No Report
Discussion Items/Possible Action Items
1. School Art Project 2023
No Report
2. Main Street Waterloo Collaboration
No Report
3. Other Collaborations
No Report
4. City -Owned Properties and Demo List
No Report
5. Maps
No Report
6. Goals and Action Plans
No Report
7. Discussion of cancellation of the December Historic Meeting
Commission members discussed possible agenda items for next month and therefore voted to
keep the December Historic Preservation Commission meeting.
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8. Election of Chairperson and Vice -Chairperson for the term ending December 31, 2023
Blank noted Ottesen has been chairperson for many years and someone else should step up.
Motion made by Hedrick, seconded by Stevens to nominate Matthew Gilbert as Chairperson
and Ivan Valtchev as Vice -Chairperson for the period ending on December 31, 2023. Motion
carried unanimously.
Discussion Items:
Nomination to the Iowa Most Endangered List 2023
Commissioners discussed nominating the Cunningham home on Chestnut Street or 207 Lafayette
Street.
Motion made by Price, seconded by Stevens to nominate 207 Lafayette Street to Iowa's Most
Endangered Building List 2023. Motion carried unanimously.
Design Guidelines:
No Report
Adjournment
Chairperson Ottesen adjourned the meeting at 2:00 p.m.
Respectfully submitted,
Lexi Blank
Planner I
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