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Council Packet - 11/9/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, November 9, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1)time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one(1)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one(1) issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 102 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Boesen, At-Large Council Member Agenda, as proposed or amended. Minutes of November 2, 2020, Regular Session, as proposed. ORAL PRESENTATIONS 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 City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving cancellation of assessment for property located at 1804 E. 4th Street, in the amount of $455.09, and property located at 214 Cottage Street, in the amount of 350.75, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 3. Resolution approving request of Kevin Menders for a waiver for a concrete driveway located at 427 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 4. Resolution approving award of bid to B & B Builders and Supply, of Waterloo, Iowa, in the amount of$69,722, and approving the contract, bond and certificate of insurance in conjunction with the FY 2021 Leisure Services Chemical Building Apron Paving Project, Contract No. 1039, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer 5. Motion approving final quantity adjustment for a net increase of $3,198.15, for Brock Even Construction, LLC, in conjunction with the FY 2020 Sidewalk and Trail Repair Program - Zone 10, Contract No. 1009, and authorizing the Mayor Page 2 of 102 and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Brock Even Construction, LLC, of Jesup, Iowa, at a total cost of $409,429.70, in conjunction with the FY 2020 Sidewalk and Trail Repair Program - Zone 10, Contract No. 1009, and receive and file two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 7. Motion approving final quantity adjustment, for Vieth Construction Corporation, for a net decrease of $5,915, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 990, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $87,791.88, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 990, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 17, 2020, to be let by the Iowa Department of Transportation November 17, 2020, and date of public hearing as November 23, 2020, in conjunction with the FY 2021 Shaulis Road Trail Extension - Phase II (TAP-U-8155(766)-81-07), Contract No. 1012, and instruct City Clerk to publish notice. Submitted By: Matt Schindel, Associate Engineer 10. Resolution approving the request of Deno Cejvanovic for tax exemptions on the construction of a new single family home valued at $285,000, for property located at 1810 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving the request of Anna Trower for tax exemptions on the construction of a new single family home valued at $203,631, for property located at 1650 Blue Wing Drive and located in the City Limits Urban Revitalization Area (CLU RA). Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving the request of Gary and Susan Gielau for tax exemptions on the construction of a new single duplex unit valued at $378,000 for property located at 3807 Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. LIQUOR LICENSES a. Kings and Queens Club, 304 W. 4th Street Class: C Liquor w/Outdoor Service Page 3 of 102 Renewal Application Includes Sunday Expiration Date: 11/15/2021 b. Knights of Pythias-Furge rson Lodge #5, 244 Ash Street *Ownership Update* Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 9/16/2021 C. New Star Liquor, 1625 W. 4th Street Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 12/10/2021 2. APPOINTMENTS a. Matthew Chapman Board/Commission: Electrical Examiners and Appeals Board Expiration Date: November 10, 2023 Re-Appointment b. Richard Mott, Jr. Board/Commission: Electrical Examiners and Appeals Board Expiration Date: November 10, 2023 Re-Appointment C. Mike Fereday Board/Commission: HVAC Mechanical Board for Licensing and Appeals Expiration Date: November 10, 2023 Re-Appointment d. Travis Young Board/Commission: HVAC Mechanical Board for Licensing and Appeals Expiration Date: November 10, 2023 Re-Appointment e. Julie Gardner Board/Commission: HVAC Mechanical Board for Licensing and Appeals Expiration Date: November 10, 2023 Re-Appointment PUBLIC HEARINGS 2. Demolition Services, Contract No. RD-2020-11-02P, located at 508 Bratnober Street and 811 Williston Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Page 4 of 102 Community Planning and Development Director for review. Submitted By: Noel Anderson, Community Planning and Development Director 3. Aviation No Fee Agreement with the Iowa National Guard for use of City owned property located east of 3210 Moline Road, with a parcel number of 8912-06-351- 003, for a term ending August 31, 2040. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the Aviation No Fee Agreement with the Iowa National Guard, for property located east of 3210 Moline Road, for a term ending August 31, 2040, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 4. Resolution adopting a face mask mandate for the City of Waterloo. Submitted By: Jonathan Grieder, Ward 2 Council member 5. Resolution approving submission of a grant application to the Black Hawk County Gaming Association in the amount of $820,000 including an estimated City matching contribution of approximately $1 million for Phase 3 improvements to the Convention Center. Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution authorizing an exception to the City of Waterloo Purchasing Procedures Policy to approve the purchase of a used 2019 Ford Transit 150 Van, in the amount of $28,465, for the Center for the Arts. Submitted By: Randy Bennett, Public Works Division Manager ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Complete Streets minutes of September 15, 2020. 2. Historic Preservation Commission minutes of September 15, 2020. Page 5 of 102 CITY OF WATERLOO Council Communication Minutes of November 2, 2020, Regular Session, as proposed. City Council Meeting: 11/9/2020 Prepared: ATTACHMENTS: Description Type U Minutes of November 2, 2020 Backup Material Submitted by: Submitted By: Page 6 of 102 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for property located at 1804 E. 4th Street, in the amount of $455.09, and property located at 214 Cottage Street, in the amount of 350.75, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 11/9/2020 Prepared: 11/4/2020 ATTACHMENTS: Description Type ❑ Black Hawk County abatement notices Backup Material Resolution approving cancellation of assessment for property located at SUBJECT: 1804 E. 4th Street, in the amount of$455.09, and property located at 214 Cottage Street, in the amount of 350.75, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Summary Statement: Black Hawk County sent these over for abatement of sidewalk assessments because both properties are city-owned. Page 7 of 102 Tax Charge Information Sheet Black Hawk County, IA - Treasurer Amount Due if Paid By: 11/02/2020 316 E 5th Street, Room 140 E Waterloo, IA 50703 {319} 833-3013 CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 Panel Number. 313342 T Owner: CIT1 OF WATERLOO SSE COND ADDITION W 96 FT LOT 1IBLK 6 Taxes Due 1st Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest Costs Total Due 2020 Special WA91-20200408-01 011130 $115.75 $2.00 $0.00 $0.00 $5.00 $122.75 2020 Special WA91-20200408-00 011306 $197,14 $3.00 $0.00 $0.00 $5.00 $205.14 2020 Special WA93-20200408 SNOW 011384 $120.20 $2.00 $0.00 $0.00 $5.00 $127.20 Total Taxes Due for Parcel Number 891313379012: $433.09 $7.00 $0.00 $0.00 $15.00 $455.09 Tax Charge Summary for 1 Parcel Total Unpaid Charges: First Half Due: $455.09 Second Half Due: $0.00 Total Due: $455.09 Grand Total Unpaid: $455.09 f I 10/27/2020 9:5G:59 AM Amounts are subject to change Page 1 of 1 J 9 Page 8 of 102 '1- LACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID =�Deed..HoI'd x.,�... der ax Mail to Address 8913-13-379-012 _.. CITY OF WATERLOO CITY OF WATERLOO _ 715 MULBERRY ST :PDF tI Map Area Contract Bu er WATERLOO, IA 50703 7 EWTLO-13 a 'Prop-:rt ^. 1dressCurrent Recorded Transfer ,180 I I-1 ST Date Drawn ate Filed Recorded Document e on, IA 50703 /18/2020 /26/2020 g02O 014692 D SALES BUILDING PERMIT Dat nount'NUTClT a Date rrX mber mount Reason 'NORMAL- 121 Contract _ - 114!2015 08504 500 Int-Remodel 19 'FORECLOSURES, FORFEITURES, 10/6/2003 HA 12702,080 Misc ;SHERIFFS AND TAX SALES, OR /22/2003 1963 2,015 Roof TRANSFERS ... - 12/ Deed 1396 350 Roof E 2/ 6i 000 =SALES $10,000 OR LESS (LINE 3 OF 7HE DECLARATION OF VALUE) - PRIOR 091 Deed , ASSESSED VALUES/CREDITS fea r Class 001! Land Dwellin - BuddingotalAcres 3,870 14,080 :0 flL77,950 Lund $Dwelling Building ITOtal 2 183 X7,942 0 10,125 Class 2 R and Dwelling [Building E17 tal cres x,870 14,080 0 ,950 c Land Dwelling Building otal 2,131 71754 0 1,9885 Class Q _. xR_ Building 'Total cres ! .. .........�.-w..,--. 17,950- 0 C Buildin Total 0 10,217 DN ASSESSMENT YEAR 2019 PAYABLE 202012021 G le Value Levy Rate Gross Tax Net Tax 0,46092 $399.96 �- 400.00 25.02441 $0.00 ..._ 6,} a ReliefCreditg Credit Family Farm Credit Business Property Tax Credit . 0.00 $0.00 $0.00 1$0.00 ABBREVIATED LEGAL Page 9 of 102 0, ` Tax Charge Information Sheet ffi' Black Hawk County, IA - Treasurer Amount Due if Paid By: 11/02/2020 316 E 5th Street, Room 140 1 Waterloo, IA 50703 (319) 833-3013 CITY OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 Parcel Number: x_132 76t1Q2 Situs: 214 COTTAGE ST, Owner: CITY OF WATERLOO Legal: HAMMOND&HOPKINS ADDITION LOT 4 ELK 2 Taxes Due 1st Half 2nd Half Additional Year Type Bill Number 1st Half Tax Interest 2nd Half Tax Interest costs Total Due 2020 Special WA96-20190807-00 LOT 010747 $97.00 $1.00 $0.00 $0.00 $5.00 $103.00 2020 Special WA93-20190807-00 010974 5100.00 $2.00 $0.00 $0.00 $5.00 $107.00 2020 Special WA91-20190807-00 011199 $133.75 $2.00 $0.00 $0.00 $5.00 $140.75 Total Taxes Due for Parcel Number 891324176002: $330.75 $5.00 $0.00 $0.00 $15.00 $350.75 Tax Charge Summary for 1 Parcel ................ Total Unpaid Charges: First Half Due: $350.75 Second Half Due: $0.00 Total Due: $350.75 Grand Total Unpaid: $350.75 i 02',) 0:01Z,17 A',I _ Amounts are subject to change _ nagc 1 of Page 10 of 102 CITY OF WATERLOO Council Communication Resolution approving request of Kevin Menders for a waiver for a concrete driveway located at 427 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ DW Waiver 427 Belle St Backup Material Resolution approving request of Kevin Menders for a waiver for a concrete SUBJECT: driveway located at 427 Belle Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By:Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: CEDAR TERRACE ADDITION LOT 5 Page 11 of 102 WAIVER ©ate: d-o Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a _ �,�., _ (�:— driveway or sidewalk located at c�oncr�ete dr asphalt) ; 1 (Address) This € This waiver is noodod bOCause of: ' special surface texture to be used on the concrete approach(i.e.,exposed aggregate, brick stamped pattern, paving brick), elimination of the sidewalk section due to the inability to meet the grade requirements. . ellmination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an uniniprovod street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidowalk is constructed. 2. To remove and replace the private driveway, as needed,to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bondod contractor who shall obtain a permit from the office of the City Engineer. i s. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.011) for the purpose of recording this agreement. Respectfully submitted, r - rinted Name of Property Owner Signature of Property Owner Page 12 of 102 CITY OF WATERLOO Council Communication Resolution approving award of bid to B & B Builders and Supply, of Waterloo, Iowa, in the amount of $69,722, and approving the contract, bond and certificate of insurance in conjunction with the FY 2021 Leisure Services Chemical Building Apron Paving Project, Contract No. 1039, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 11/9/2020 Prepared: 11/3/2020 Resolution approving award of bid to B & B Builders and Supply, of Waterloo, Iowa, in the amount of$69,722, and approving the contract, bond SUBJECT: and certificate of insurance in conjunction with the FY 2021 Leisure Services Chemical Building Apron Paving Project, Contract No. 1039, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Matt SchindeL Associate Engineer Source of Funds: Leisure Services funds Page 13 of 102 CITY OF WATERLOO Council Communication Motion approving final quantity adjustment for a net increase of$3,198.15, for Brock Even Construction, LLC, in conjunction with the FY 2020 Sidewalk and Trail Repair Program-Zone 10, Contract No. 1009, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/9/2020 Prepared: 10/26/2020 ATTACHMENTS: Description Type ❑ Cont 1009_Final Qty Summaryl Backup Material ❑ Cont 1009_Final Qty Summary2 Backup Material Motion approving final quantity adjustment for a net increase of$3,198.15, SUBJECT: for Brock Even Construction, LLC, in conjunction with the FY 2020 Sidewalk and Trail Repair Program- Zone 10, Contract No. 1009, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. Source of Funds: GO Bonds Page 14 of 102 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2020 SIDEWALK & TRAIL REPAIR PROGRAM —ZONE 10 CONTRACT NO. 1009 Date Prepared: October 9, 2020 AMOUNT:_�3,198.15 INCREASE TO: BROCK EVEN CONSTRUCTION LLC , Contractor You are hereby ordered to perform the following extra work on your contract dated April 13, 2020. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As-built quantities varied for some bid items. C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL INCREASE $31198.15 BY: BROCK EVEN CONSTRUCTION, LLC Mayor Date CONTRACTOR BY: Date ATTEST: TITLE: ,�� r City Clerk Date APPROVED: �o a3 ad ity Engineer Dat Final Qty. Adj. Cont # 1009 Sheet 1 e 15 of 102 O �h Q1 n 0 0 0 d' ci' 00 W Q m H LD CD O O O 0 0 0 0 0 0 0 d' O M C7 m N Ol N N 0 Q Q 00 00 r-I N N n n �' .--I 0 al p G' tt rr rt m M O tL DD n al to i t1] d' ri H to O p N w n n 0 0 m 0 to In ri L!l Gt 00 O O d. 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City Council Meeting: 11/9/2020 Prepared: 10/26/2020 Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Brock Even Construction, SUBJECT: LLC, of Jesup. Iowa, at a total cost of$409,429.70, in conjunction with the FY 2020 Sidewalk and Trail Repair Program-Zone 10, Contract No. 1009, and receive and file two-year maintenance bond. Submitted by: Submitted By:Jamie Knutson, PE, City Engineer Brock Even Construction, LLC. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds Page 17 of 102 CITY OF WATERLOO Council Communication Motion approving final quantity adjustment, for Vieth Construction Corporation, for a net decrease of$5,915, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 990, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/9/2020 Prepared: 10/26/2020 ATTACHMENTS: Description Type ❑ Cont 990_Final Qty Summary Backup Material Motion approving final quantity adjustment, for Vieth Construction SUBJECT: Corporation, for a net decrease of$5,915, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 990, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Source of Funds: GO Bonds Page 18 of 102 CITY OF WATERLOO, IOWA FINAL. QUANTITY ADJUSTMENT PROJECT: F.Y. 2020 LEVEE TREE REMOVAL CONTRACT NO. 990 Date Prepared: October 20, 2020 AMOUNT: $5,915.00 DECREASE TO: VIETH CONSTRUCTION CORPORATION , Contractor You are hereby ordered to perform the following extra work on your contract dated October 21, 2019, A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As-built quantities varied for some bid items. C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL DECREASE $5,915.00 BY: VIETH CONSTRUCTION CORPORATION Mayor Date CONTRACTOR 13Y: z2_� Date ATTEST: TITLE: `S City Clerk Date APP OVED: oo ity Engineer ate Final Qtv. Adi. Cont # 990 Sheet 1 oe 19 of 102 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of$87,791.88, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 990, and receive and file a two-year maintenance bond. City Council Meeting: 11/9/2020 Prepared: 10/26/2020 ATTACHMENTS: Description Type o Cont 990—Maintenance Bond Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction SUBJECT: Corporation. of Cedar Falls, Iowa, in the amount of$87.791.88, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 9906, and receive and file a two-year maintenance bond. Submitted by: Submitted By:Jamie Knutson, PE, City Engineer Vieth Construction Corporation has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds Page 20 of 102 MAINTENANCE BONO l3ond No. 2295621 KNOW ALL MEN BY TKESE PRE-SSNTS: That, Vieth Construction Corporation of Cedar Falls, Iowa as principal,and the North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Waterloo,Iowa in the penal sum of Eighty-seven Thousand Seven Hundred Ninety-one And 88/100 ($ $87,791.88 } f?ollars,lawful money of the United States of America,for the payment of which,well and truly to be made, the Principal and Surety bind thernsGlves,their and each of their hcirs,executors,administrators,successors and assigns,jointly and ievomlly,firmly by these presents. Whereas,the sant Principal entered into A certain contract.with City of Waterloo,Iowa To furnish all the material and labor necessary for the construction of FY 2020 Levee Tree Removal-Contract No.990 in the City of Waterloo,Iowa in Waterloo,Iowa Inconformity with certain specifications;and Whereas,a further condition of said contract is that the said Principal should furnish a bond in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in &Air#work within a period of two(2) years from the date of acceptance of the work under said contract;and Wherea4.the aald North American Specialty Insurance Company Fara valuable consideration, has agreed to_join with said Principal in such bond or guarantee,indemnifying said City of Waterloo,Iowa Now,Ihcrefore,the:condition of this obligation is such,that if the said Principal shrill,tit his own cost and expense,remedy any and all defects that may develop in Said work within the period of two(2) . years tirom the date of acceptance of the work under said 4ontract,by reason of bad workmanship or poor material used in the construction of said Woxk,and shall keep all Work in continuous good repair during said period,and shall in all other respects.comply with all the terms and conditions of said contract with respect to maintenance and repair of said work,then this obligation to be null and void;otherwise to be and remain In full force and virtue in law. In Witness whereof, we have hereunto set our hands and sca1g this 20th day of October 02020, Vieth Construction Corporation ��'rinaipal By: s'. North m Ica peciait suranc l ompany 5uret Dlone R.Young orney-tn ac Page 21 of 102 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Overland Park,Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park,Kansas,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Overland Park,Kansas each does hereby make,constitute and appoint: JAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BARTENHAGEN,CINDY BENNETT,ANNE CROWNER, TIM MCCULLOH„STACY VENN,DIONE R.YOUNG,and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 19,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." \lnSllillllgl!!/! �1p5a1UllllflLe�ye�9 1\\ P/ apS1oNR �}tiANCE y .OAORjT,G ~:G3EAL':G�z t BY _ tJ tQ•'� �• F•, Steven Anderson,Senior Vice President o as gtan ternahon ruraore Company c—T' SEAL .Z s t7• ,n &S color Vice President of Horth American Specialty Insurance Company v7ra'1{. :o== z _ &Senior Vice PreaideotaF�We/a]tportInsurance Corporation XO! Mike A.Ito,Senior Vice President of Washington International Insurance Company &Senior Vice President of North American Specialty Insurance Company &Senior Vice President orweapori fngurance Corporation IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 3rd day of November ,20 17 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 3rd day of November ,20 17,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President - of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL p7 MKENNY L. "1 �ti ■ - Notary Pubii;-Stale of Illiunis \ My Commission Expi,es Kenny, �M.Kenn Nota Public 17196120x7 1 I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 20th day of October 2020, Jeffrey Goldberg,Vice President&Assislent S=of Washington International Insmance Company& „ North Americen specialty Insurance Company&Vice President&Assistant semftyf Westport insurance Ca ishan CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 17, 2020, to be let by the Iowa Department of Transportation November 17, 2020, and date of public hearing as November 23, 2020, in conjunction with the FY 2021 Shaulis Road Trail Extension-Phase II (TAP-U-8155(766)--8I-07), Contract No. 1012, and instruct City Clerk to publish notice. City Council Meeting: 11/9/2020 Prepared: 11/4/2020 ATTACHMENTS: Description Type o Cont 1012–NPH Backup Material Resolution approving preliminary_plans, specifications. form of contract, etc., setting date of bid opening as November 17. 2020, to be let by the Iowa SUBJECT: Department of Transportation November 17, 2020, and date of public hearing as November 23. 2020, in conjunction with the FY 2021 Shaulis Road Trail Extension- Phase II (TAP-U-8155(766)-8I-07) Contract No. 1012, and instruct City Clerk to publish notice. Submitted by: Submitted By:Matt SchindeL Associate Engineer Recommended Action: Summary Statement: Plans prepared by AEC OM. Trail extension from Cedar Terrace Drive, east 0.7 miles, to the Cedar Valley Nature Trail. Expenditure Required: To be determined Source of Funds: Federal TAP Funds State Recreational Trail Funds Page 23 of 102 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2021 E. SHAULIS ROAD TRAIL EXTENSION – PHASE II TAP-U-8155(766)-81-07 CITY CONTRACT NO. 1012 In the City of Waterloo, Iowa PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 23'd day of November 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM for the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK This project consists of the construction of a paved shared use path from Cedar Terrace Drive, east 0.7 miles to the Cedar Valley Nature Trail. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 2020. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk Page 24 of 102 CITY OF WATERLOO Council Communication Resolution approving the request of Deno Cejvanovic for tax exemptions on the construction of a new single family home valued at$285,000, for property located at 1810 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ CLURA 1810 Waxwing Way Form Backup Material ❑ CLURA 1810 Waxwing Way Map Backup Material Resolution approving the request of Deno Cejvanovic for tax exemptions SUBJECT: on the construction of a new single family home valued at$285,000, for property located at 1810 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed Summary Statement: 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. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9:Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Heights 6th Addition Lot 62, Waterloo Iowa, Black Hawk County Page 25 of 102 For Office Use Only Date Received: 0 Received by: • Staff to make a copy foe applicant s • CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a snap of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the 1'working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. CNI NAME; Gena Cejvanoyic SIGNATURE: �. l ADDRESS: 1810 Waxwing Way,waterloo,Iowa 5070t EMAIL: cejvand otmail.com TELEPHONE: 3196105007 DATE: 09129/2020 A. What is the Address of the property being improved? 1810 Waxwing Way,Waterloo,IOWA What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) AUDUBON HEIGHTS SIXTH ADDITION LOT 62 i B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) new single family home C. City of Waterloo Building and Inspections Department Information: Permit Number:` P10- 56'b3 Date permit was issued: Total permit(s)valuation: Z Loo,c—*x> D. What was the cost of the new construction. I C9c-�,C> Y E. Estimated or actual date of completion of this new construction. ?x- 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: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED; T.J. Koenigsfeld Page 26 of 102 DENIED Black Hawk County Assessor I �q. PALOMA PL R s. —TETON DR �a`q e• r owl CRABAPPLE LN ` ci f Mir I - t -=WAXWING.WAY— � 1 t PARTRIDGE LN— ' WILLIAM DR - ir a - W SHAULIS 7D i { f j r Page 27 of 102 ` CITY OF WATERLOO Council Communication Resolution approving the request of Anna Trower for tax exemptions on the construction of a new single family home valued at$203,631, for property located at 1650 Blue Wing Drive and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ 1650 Blue Wing Drive Form Backup Material ❑ 1650 Blue Wing Drive Map Backup Material Resolution approving the request of Anna Trower for tax exemptions on the SUBJECT: construction of a new single family home valued at$203.631, for property located at 1650 Blue Wing Drive and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed Summary Statement: 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. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9:Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Hills First Addition Lot 4, Waterloo Iowa, Black Hawk County Page 28 of 102 For Office Use Only Date Received: Received by: v Staff to make a copy ftr applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION,AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3:year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department,) 2. This application must be filed with City prior to the 1 sc working day of Februarx following the year when the improvements are completed to comply with the timelinc 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: A n n O Trm6gf r SIGNATURE: ADDRESS: 16b 91me Wiru Drive TELEPHONE: M-a 3 -MD DATE: 11A-VZy A. What is the Address of the property being improved? Q 131 tAP o' ,1 ` 'I e What is the Legal Description of the property?(May be available at County Recorder's Office on 2na floor of the Courthouse) 1✓L S t O 1 T16N 1,Q-1 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) -ZliV Lk di G 0 �l C. City of Waterloo Building and Inspections Department Information: Permit Number: WA 43V; Date permit was issued: 12JiJztjci Total permit(s)valuation: Ja],3L)(:o D. What was the cost of the new construction?q �0 3 1 (P3[ E. Estimated or actual date of completion of this new construction? J✓L l L4U 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: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Kocnigsfeld Page 29 of 102 DENIED Black Hawk County Assessor .x 20 � f 'e'^TMTxia£ ` - r KESTREL—MmMK mw CIR p ca DAKOTA DR EL' Irk 00, - _ 70 a D i m _ r' Z a 1, a, Page 30 of 102 CITY OF WATERLOO Council Communication Resolution approving the request of Gary and Susan Gielau for tax exemptions on the construction of a new single duplex unit valued at$378,000 for property located at 3807 Trent Lane, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ CLURA 3807 Trent Lane Form Backup Material ❑ CLURA 3807 Trent Lane Map Backup Material Resolution approving the request of Gary and Susan Gielau for tax SUBJECT: exemptions on the construction of a new single duplex unit valued at $378,000 for property located at 3807 Trent Lane, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed Summary Statement: 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. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9:Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit F and the undivided percentage interest in the common elements appurtenant to said unit, Sunnyside Cove Condominiums of Waterloo, Legal Descriptions: Black Hawk County, Iowa, recorded March 20, 2018 in Doc. 2018-15265 and as amended by First Amendment Doc. #2020-1494 recorded July 24, 2019, and being laid out on a part of Parcel"M" of Plat of Survey 343 Misc. filed September 7, 2001. Page 31 of 102 CITY LIMITS URBAN REVITALIZATION 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)allows property tax exemptions for newly constructed one or two family dwellings(single family 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 0 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: SIGNATURE: 1JQ ADDRESS: o TELEPHONE: 1 v l' JDATE: o`'U l r� A. What is the Address of the property being improved? CJ 07 What is the Legal Description of the property?(May be available at County Recorder's Office on 2'd oar of the Courthouse) Ali�ckel B. What was the nature of the improvement(s)?(must be single family homes or duplexltwin homes to quality) N C b(&A u C. City of Waterloo Building and Inspections Department Information: Permit Number: 4 q—'7M Z Date permit was issued: S M Total permit(s)valuation: 20`tf 000 D. What was the cost of the new construction.E. Estimated or actual date of completion of this new construction? 0-g V,� CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED 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 32 of 102 Page 1 of 1 Number; 202000015065 Recorded: 3/3/2020 at 1:39:42.0 PM County Recording Fee: $12,00 Iowa E-Filing Fee: $3.00 Combined Fee: $15.00 Revenue Tax: $605.60 Sandie L. Smith, RECORDER Black Hawk County, Iowa Prepared By:Nathan D.Miller,P.O.Box 178,Waterloo,L4 50704-0178(319)234-1766 After Recording Retum.To:Black Hawk County Abstract,614 Sycamore,Waterloo,LA. 50703 Address Tax Statement to:Susan.M.Gielau and Crary H.Gielau,3807 Trent Lane,Waterloo,U 50701 WARRANTY DEED--COMPANY GRANTOR For the consideration of One(S 1.00)Dollar(s)and other valuable consideration,Modem Living Group,l_,l,C,a limited liability company organized and existing under the laws of Iowa does hereby convey to Susan M.Glelau and Gary H.Gielau,%ftKWujoiAt tenants with full lights of survivorship and not as tenants iu common,the following described real estate in Black Hawk County,Iowa: Unit F and the undivided percentage interest in the common elements appurtenant to said unit,Sunnyside Cove CoudonUniums of Waterloo,Black Hawk County,Iowa recorded March 20,2018 in Doc.42018-15265 and as amended by First Amendment in Doc. 42020-1494 recorded July 24,2019,and being laid out on a pad of Parcel"M"of Plat of Survey 343 Miso 864 filed September 7,2001. Subject to covenants,restrictions,ordinances,casements,and limited access provisions of record. The Company hereby covenants with grantees,and successors in interest,that it holds the real estate by title in fee simple;that it has good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens and vaeumbraunces,except as tray be above stated;and it covenants to Warrant and Defend the real estate against the lawful,claims of all persons,except as may be above stated. Words and phrases herein,including acknowledgment hereof, be construed as in:the singular or plural number,according to the context. Dated 7. r 7 l�T Modern g o ,LLC �y; Milli Slur Its: Manager State of Iowa ) County of Black Hawk )ss This record was acknowledged before the on this 77 day of/ii4 y.2Q20, by Phillip Shirk,as Manager,of Modern Living Group,LLC. L4NGr_N o KYL$ C�fy CosrtOn NuMberr77�G3 Na or mission Expires m6er23,2020 File,Humber-: 2020-00015065 Seq: 1 Page 33 of 102 CL I AFL CO CO NNNL- moi. r, I � u J '7L— — 41 Cf) es V,- pr s Lu J m 7 ` KAMILLE CT ` W SAN MARNAN DR CITY OF WATERLOO Council Communication Demolition Services, Contract No. RD-2020-11-02P, located at 508 Bratnober Street and 811 Williston Avenue. City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ RFB RACM Demo Contact# RD-2020-11-02P Backup Material ❑ 508 Bratnober St Detailed Report Backup Material ❑ 811 Williston Ave Detailed Report Backup Material ❑ Bid Tab 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. SUBJECT: Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Community Planning and Development Director for review. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval 508 Bratnober Street and 811 Williston Avenue were acquired through Iowa Code 657A. 508 Bratnober was fire damaged and was completely destroyed and is currently a pile of rubble that was unsafe to test and abate for Summary Statement: asbestos. 811 Williston Avenue is also in very poor shape structurally and has a partially collapsed roof and a second floor that is falling down onto the first floor, and is also unsafe to test and abate for asbestos. Therefore both structures must be demolished as RACM (regulated asbestos containing material). Expenditure Required: Unknown Source of Funds: Nuisance Abatement GO bonds Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 35 of 102 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos-Containing Materials (RACM)] (RACM) Demolition Contract # RD-2020-11-02P 508 Bratnober Street and 811 Williston Avenue City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Page 36 of 102 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (RACM) demolition, removal, disposal and site clearance of 508 Bratnober Street and 811 Williston Avenue All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday November 5, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — (RACM) Demolition Contract # RD-2020-11-02P, and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: Demolition and Site Clearance Services (RACM) Demolition Contract # RD-2020-11-02P - 508 Bratnober Street and 811 Williston Avenue Notice of RFB Date: October 19, 2020 Mandatory Walk Thru Date: 1 p.m. Tuesday October 27, 2020 for both properties Deadline for Bid Submittal: Thursday November 5, 2020 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (RACM) DEMOLITION CONTRACT # RD-2020- 11-02P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager (City's Representative) E-mail Address: chris.western(c�waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PeF9@P37fbf 102 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday November 5, 2019, at 1:00 pm (our clock) Central Time in the First Floor Conference Room, City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject properties. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PeFg@f 38f bf 102 bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PeFg@f 39'bf 102 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) months, anticipated to be from the award of contract starting (November 9, 2020) to (March 9, 2020). 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PeFgW46t bf 102 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for demolition with regulated asbestos containing material (RACM) of: 508 Bratnober Street and 811 Williston Avenue, 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. The City has designated these structures as immediate threat, structurally unsound, Regulated Asbestos Containing Material (RACM) structures, and their demolition and removal, including basements and cement slabs of basement-less structures, must be handled as such. The structures and basements (or slab of a basement-less structure) must be demolished and RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PeF9@P4?f bf 102 removed in a single day; no partial demolition will be allowed. Because of the RACM demolition designation, the Bidder must be licensed/permitted to perform the type of work proposed herein. All RACM disposals will be delivered to the Black Hawk County Landfill site, and copies of all landfill tickets will be provided to the City of Waterloo. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluator's judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-11-02P: 508 Bratnober St and 811 Williston Ave PeFg@P42f bf 102 EXHIBIT""A" SIGNATURE PAGE 508 Bratnober Street and 811 Williston Avenue The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 508 Bratnober Street $ 811 Williston Avenue $ Total $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid Page 43 of 102 EXHIBIT `B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE [removal of Regulated Asbestos Containing Materials (RACM)J PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representatives for this project are: Chris Western, Planner II/Project Manager, and Aric Schroeder, City Planner(collectively, City's Representative). 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the City's Representative, the Contractor shall: A. Remove and properly dispose of all structures, incidental demolition debris, basement walls, floors, foundations, private sidewalks (excludes public sidewalk in street right-of- way), steps, driveways and all trees from the specified properties. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors,ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets Page 44 of 102 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's Representative determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. There shall be Asbestos Warning placards placed in at least the corners of the fence. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch 2 Page 45 of 102 or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, street lights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks,utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway subdrains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP 3 Page 46 of 102 A. Title: The property address or legal description will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures and other property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. Only materials that are not RACM may be salvaged or taken to anywhere other than the Black Hawk County Landfill. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work, or consider an amendment to extend the term of the Contract. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris,basement walls, foundations, steps,private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. 4 Page 47 of 102 PART IA—REGULATED ASBESTOS CONTAINING MATERIALS (RACM) The properties to be demolished have been declared unsafe to enter. Therefore, the structures have not been tested for asbestos. All structural debris must be treated and handled as RACM. Demolition and removal of structures, including basements and cement slabs of basement-less structures, must be accomplished in a single day; no partial demolition will be allowed. The Contractor will be required to have all permits and licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce Development (IWD), and the Occupational Health and Safety Administration(OSHA) for handling RACM. The Contractor will be responsible to ensure that demolition activities are carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as all other federal, state, and local regulations. The Contractor shall employ good demolition techniques, including but not limited to: 1. Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos. 2. Using demolition techniques to minimize the excessive breaking of materials. 3. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 4. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce the exposure to airborne material. 5. Proper handling and covering of all loads to prevent RACM material from becoming airborne during hauling. 6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT and IDNR requirements. 7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites and shall be disposed of using techniques to minimize the potential for debris or dust to become airborne. 8. Manual cleaning of the demolition site to remove all asbestos materials from the site. 9. All trucks and/or trailers must have solid metal end-gates. If city water is not available, the Contractor shall have a water truck on standby during the demolition to maintain a sufficient source to maintain wetting of RACM. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed as well as the RACM designated structures. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the contract after being notified by the City with a Notice to Proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. With respect to each separate property, Contractor shall complete all demolition work and debris removal required by these specifications within the same business day of starting the work. If Contractor is prevented from timely 5 Page 48 of 102 completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall not be allowed to salvage RACM demolition materials from any property on this project. Non-RACM material (such as private sidewalks and driveways, trees, or other landscaping features) may be salvaged or disposed of in other than the Black Hawk County Landfill. No salvaging or removal of any material shall occur until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance. 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, slabs of basement- less structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed as RACM. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re-excavation of the basement area at the Contractor's expense. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. 6 Page 49 of 102 D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump-sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails,bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. I. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the"Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. Any sand point 7 Page 50 of 102 well shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of RACM materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, and any other federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires, Household Hazardous Waste,White Goods and Electronics: There will be no separation of any of the before listed materials as all structures have been identified as unsafe to enter and RACK D. Disposal of Demolition Debris and Solid Waste: 1. All RACM debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for each structure demolished, where available, which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and minimize the threat of harm to the general public,private property and public infrastructure. E. Asbestos Abatement: There will be no asbestos testing or abatement as all structures have been identified as unsafe to enter and RACK The handling of asbestos material is subject to all applicable state and federal mandates. F. Freon Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACK G. PCB and Mercury Removal and Disposal: There will be no separation or handling of the before listed materials as all structures have been identified as unsafe to enter and RACK 2.06 BACKFILL, GRADING,AND CLEAN UP 8 Page 51 of 102 A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 9 Page 52 of 102 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with utility companies for disconnection of services, including but not limited to electricity, natural gas, cable television, internet and phone A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The location of the sanitary sewer main, if known, will be provided by the City to the best of its knowledge. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor shall contact the Waterloo Building Inspections Department for compliance with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor shall contact the Waterloo Water Works for compliance with this specification. C. Backfill and Compaction within City Right-of-Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off-site vehicle track out(stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Berkshire Hard Fescue 30% Treazure Chewing Fescue 30%Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. 10 Page 53 of 102 For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all USDOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during the project to the City's Representative, which identify the disposal site, the Black Hawk County Landfill, for all RACM material. Such copies of tickets shall be required to process invoices from the Contractor. 11 Page 54 of 102 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns,privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations with SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 12 Page 55 of 102 Exhibit "C" CONTRACT #RD-2020-11-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos Containing Materials (RACM)] 508 Bratnober Street and 811 Williston Avenue This Contract for Demolition and Site Clearance Services (with RACM) (the "Contract") is entered into as of November 9, 2020 by and between the City of Waterloo, Iowa("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of 4 months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response. Contractor will be paid a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty(30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance e. Building Demolition Insurance and Bond Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Page 56 of 102 Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 2 Page 57 of 102 C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and 3 Page 58 of 102 enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Company Name Attest: Kelly Felchle, City Clerk 4 Page 59 of 102 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID eed Holder Tax Mail to Address 8913-23-207-007 ITY OF WATERLOO CITY OF WATERLOO 15 MULBERRY ST PDF N2TLO-01 Area ontract Buyer WATERLOO, IA 50703 Property Address Current Recorded Transfer 08 BRATNOBER ST ate Drawn ate Filed Recorded Document ype ATERLOO, IA 50703 /24/2020 /25/2020 12020 014615 ID SALES BUILDING PERMIT ate AmountNUTC/Type None /30/2018 324 FORECLOSURES, FORFEITURES, SHERIFFS AND AX SALES, OR TRANSFERS ... 12/ Deed /8/2009 115,000 TRANSFER TO/BY ESTATE - 9/11 / Deed ASSESSED VALUES/CREDITS ear Class 020 Values-Taxable Value does not include Rollback at this time and will be applied in R November 100% Land Dwellin Buildin otal cres alue 180 0 0 2,180 0 axable Land Dwellin Buildin Total alue 2,180 10 12,180 ear Class 019 IR 100% Land JDwelling IBuildingTotal cres alue 3,360 18,860 10 112,220 axable Land IDwelling Building 11otal slue 11,850 14,880 10 16,730 raxable Class R Land Dwelling Building Total cres 3,360 2,150 0 25,510 10 Land Dwellin Buildin otal 1,912 112,607 10 114,519 raxable Class R Land Dwellin Buildin Total cres 3,360 2,150 0 25,510 10 Land Dwellin Buildin otal 1,869 112,320 10 114,189 Page 60 of 102 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323207007 10/12/2020 Black Hawk County Detailed Parcel Report Page 2 of 2 TAX INFORMATION ASSESSMENT YEAR 2019 PAYABLE 2020/2021 ax 940001 -WATERLOO District Gross Value axable Value Levy Rate ross Tax Net Tax Corp 112,220 730 40.46092 272.30 272.00 Nocor 0 5.02441 0.00 HomesteadProperty Tax Relief g Family Farm Business Property Tax Credit redit redit Credit Credit Corp $0.00 0.00 0.00 $0.00 $0.00 Nocorp 0.00 ABBREVIATED LEGAL RICKER AND BRATNOBER LAND CO A DD W 40 FT LOT 14 BLK 9 LAND Basis Front ear Side 1 Side 2 Lot Area Acres Front 40 0 52 52 0 2080 0.048 Foot otals: 2080 0.048 Entry Status: Vacant Date Website Last Updated: 09/11/2020 Page 61 of 102 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323207007 10/12/2020 a � - i 6.L1T�{YAdi3117� t. 508 Bratnober St—RACM Demolition A g Looking at the front of the house, which is a pile of rubble. Public f sidewalk to remain } - (protect),private walk to be removed. Trees to be removed. ,'. 0-4 Looking at the pile of rubble, which includes tires, mattresses, and I miscellaneous debris. t .- Looking at the fence and trees to be removed. Building on adjacent property to remain(protect). Page 63 of 102 Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID eed Holder ax Mail to Address 8913-26-459-020 ITY OF WATERLOO ITY OF WATERLOO TTN: FINANCE DEPARTMENT PDF No. Ma Area ontract Buyer 15 MULBERRY ST 17 CWTLO-10 ATERLOO, IA 50703 Property Address Current Recorded Transfer 11 WILLISTON AV ate Drawn Pate Filed lRecorded Document ype ATERLOO, IA 50702 /15/2018 /19/2018 12018 013539 ID SALES BUILDING PERMIT atemounlontract UTC/Type None 10/5/199017,500ALE BY LENDING INSTITUTION F PROPERTY ACQUIRED AS ESULT OF ... - PRIOR 09/ ASSESSED VALUES/CREDITS ear Class 020 Values-Taxable Value does not include Rollback at this time and will be applied in E November 100% Land Dwellin Buildin Total cres alue 070 9,360 0 17,430 axable Land Dwellin Buildin otal alue 10 ear Class 019 E 100% Land IDwelling IBuilding ITotal cres alue 070 19,360 10 117,430 axable Land IDwelling Building otal alue 10 10 ti Class E and Dwelling Building Total cres 070 38,140 0 6,210 nd Dwellin Buildin otal 10 10 ear Class 017 IR 100% FLand Dwellin Buildin Total cres alue 70 38,140 0 6,210axable nd Dwellin Buildin otal alue 89 121,214 10 P57703 TAX INFORMATION ASSESSMENT YEAR 2019 PAYABLE 2020/2021 940001 -WATERLOO Page 64 of 102 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326459020 10/12/2020 Black Hawk County Detailed Parcel Report Page 2 of 3 ax District Gross Value axable Value Levy Rate ross Tax Net Tax or 0 40.46092 0.00 $0.00 Nocorp 0 25.02441 P0.00 Homestead Property Tax Relief g Family Farm Business Property Tax Credit redit redit Credit Credit or $0.00 0.00 0.00 $0.00 $0.00 Nocorp 0.00 ABBREVIATED LEGAL POMMERS SUBDIVISION LOT 11 BLK 1 LAND Basis Front ear Side 1 Side 2 Lot Area Acres Front 39 9 112 112 0 4368 0.1 Foot otals: 4368 0.1 DWELLING CHARACTERISTICS ,ype tyle otal Living Area ingle-Family/Owner Occupied P Story Frame 11144 ear Built rea lHeat JAC lAttic 1906 72 es es IFloor& Stairs otal Rooms Above Total Rooms Below Bedrooms Above Pedrooms Below 0 13 Basement 113asement Finished Area lNo Basement Floor Full Foundation Flooring Stn Carp/Vinyl Exterior Walls Interior Finish Alum Plas Roof sph/ Hip Non-Base Floor/Wall Pipeless Handfired pace Heaters �j Heating Plumbing 1 Full Bath < 1 Toilet Room I Istvia rea Porch 1 S Frame Enclosed 144 1 S Frame Enclosed 8 GARAGES BASEMENT STALLS ear Built Style tLVidth Len th rea 113asement Igtrs Over rea C None 1970 IDet Frame P4 P4 1576 r Pione jEntry Status: Estimated Page 65 of 102 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326459020 10/12/2020 Black .wk County Detailed Parcel Report P. •' 3 of ..iF ..- -'r� / ;A��•.:;., .� �1 .S9 � 1• FLS �.. IN 1S FR EP 26 22 1S FR EP 8 [1441 18 Date Website Last Updated: 09/1112020 iw•_' t ���1 R. • dIVT� ����. fat°-r�'.�r�. QFl:•:a:s ���yL ie gyi',w '��.• {� ;I r� t., -' Page 66 of 1 S M *'4 wal At P" 4. 1. �. ri '- t e` x 4 WILLISTON AVE a. N W�E CitLj of Waterloo,Iowa S Page 67 of 102 811 Williston Ave —RACM Demolition -x- .,� •rte: n ;��":�k;� Looking at the front of V- the house. Public sidewalk to remain T (protect),private walk r to be removed. Trees to be removed. e - _ Looking at the rear of •e'f the property and the ilt w^ detached garage, and trees to be removed. Shed on adjacent y property to remain (protect). - Standing in the alley looking at the rear of the property at the — detached garage and _ trees and garage approach to be removed. Fence on adjacent property to remain (protect). ` Page 68 of 102 Demolition Services Cont No. RD-2020-11-02P— 508 Bratnober Street and 811 Williston Bid Tab: November 5, 2020 Estimate: Bidder Bid Security Total Bid Amount Earth Services &Abatement 5% $128,015 Des Moines, IA Page 69 of 102 CITY OF WATERLOO Council Communication Aviation No Fee Agreement with the Iowa National Guard for use of City owned property located east of 3210 Moline Road, with a parcel number of 8912-06-351-003, for a term ending August 31, 2040. City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ Environmental Backup Material ❑ Agreement Backup Material ❑ Environmental Statement 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. SUBJECT: Resolution approving the Aviation No Fee Agreement with the Iowa National Guard, for property located east of 3210 Moline Road, for a term ending August 31. 2040, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval. The National Guard is looking to utilize City owned property for routine aviation training pursuant to state or federal training requirements. This training requires a rural non-populated training area. Aviation training may be Summary Statement: conducted both day and night with one or more aircraft, but not between 2200 and 0700 hours. No ground personnel or vehicles are routinely involved with this training. Ground vehicles may need to be used for recovery operations. This is a 20 year lease. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use PART SWFRLI/4SEC 6T89R 12 BEG AT PT ONWLINE SW FRL 1 /4 WHICH IS 1851.67 FT N OF SW COR SAID SEC TH N 89 DEG 25 M IN 18 SECONDS E 438.88 FT TH S 33 DEG 49 MIN 24 SEC W 153.4 FT TH S 69 DEG 15 MIN 02 SEC E 220.74 FT TH N 33 DEG 50 MIN 26 SECONDS E 70 FT TH S 56 DEG 09 MIN 17 SECONDS E 126.31 FT TH S 14 DEG 12 MIN 09 SECONDS E 1167.76 FT TH N 75 DEG 46 M IN 49 SEC E300FTTHN 14 DEG 12 MIN 14 SECONDS W 405 FT TH N 66 DEG 0 MIN 06 SECONDS E 4 Page 70 of 102 Legal Descriptions: 33.8 FT TH S 52 DEG 42 MIN 55 SECONDS E 1534.95 FT TO PT ON E LINE SW FRL 1/4 WHICH IS 198 FT N OF SE COR TH N O1 DEG 14 MIN 05 SEC- ONDS W 491.5 FT A LONG E LINE SW FRL 1/4 TH N 50 DEG 49 MIN 34 SEC- ONDS W 172 5.9 FT TH 86 DEG 08 MIN 26 SEC ONDS E 416.2 FT TH N 63 DEG 14 MIN 36 SECONDS E 136.5 FT TH N 26 DEG 52 MIN 30 SECONDS W 5 2.17 FT TO S LINE N 47 A TH S 89 DEG 25 MIN 18 SECONDS W 197 2.12 FT TO WLINE SWFRL 1/4THSODEG E60FTTOPTOFBEG Page 71 of 102 Figure 16-1 WEEKEND TRAINING SITE(WETS)ENVIRONMENTAL DATA SHEET GENERAL INFORMATION: UNIT: Army Aviation Support Facility,Waterloo UNIT POC: CW3 Matthew Smaldino ADDRESS: 2245 West Big Rock Road UNIT PHONE NUMBER: 319 234-1372 CITY: Waterloo STATE,ZIP: Iowa,50701 TRAINING SITE INFORMATION: LANDOWNER/POC: City Of Waterloo COUNTY: Black Hawk PHONE: 319 291-4366 APPROX.ACRES: 37 ADDRESS: 715 Mulberry Street SITE LOCATION: Plot ID: 8912-06-351-003 CITY: Waterloo ZONING: AGO STATE,ZIP: Iowa 50703 LENGTH OF LEASE/AGREEMENT: 20 years NUMBER OF TIMES USED PER YEAR: 50 ARE THERE BUILDINGS ON SITE?: No ARE ANY OFF LIMITS? ❑ YES X❑ NO NOTE ANY RESTRICTED AREAS(e.g.,foot or wheeled traffic only,etc.) Training limited to the top of the berm/dike or concrete water management overflow area LEVEL OF TRAINING: Mission Training TYPE OF TERRAIN: Grass covered burm and Concrete INGR 350-1 •Date 86 Page 72 of 102 I. Outline of activities that are proposed for this WETS involve: ❑Excavating by hand ❑Excavating by equipment ❑Work in waterways F-1 Stream crossings ❑Use of lasers(MILES) ❑Use of pyrotechnics ❑Live firing ❑Blank firing ❑Use of incendiary devices ❑Use of smoke producers ❑Use of gases ❑Summer use(21 Jun—22 Sep) ❑Autumn use(23 Sep—21 Dec) ❑Winter use(22 Dec—19 Mar) ❑Spring use(20 Mar—20 Jun) ❑Bivouac quartering ❑Military watercraft(motorized) ❑Use of barbed wire ❑Assault training ❑Defense emplacement training ❑Supply transport ❑Off-road vehicle travel ❑Cutting of live vegetation ❑Potential for any discharge into waterways ❑Field refueling operations ❑Field mess operations ❑Latrine/shower points ❑Permanent construction ❑Field waste disposal ❑Transport/storage of explosives ❑POL transport/storage ❑Night operations ❑Use of tracked vehicles ❑Field heating ❑Field lighting ❑Foot training ❑Medium weaponry ❑Heavy weaponry ❑Bayonet drill/Obstacle course x❑Aircraft operations ❑Campfires ❑Tracked vehicle use INGR 350-1 •Date 87 Page 73 of 102 AVIATION NO FEE AGREEMENT 1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real property located at_Black Hawk County Plot ID: 8912-06-351-003 also known as the Virden Creek Dam(legal description on Attachment A) by the Iowa National Guard(Guard) for routine aviation training conducted pursuant to state or federal training requirements. This training requires a rural non-populated training area. Aviation training may be conducted both day and night with one or more aircraft,but not between 2200 and 0700 hours. No ground personnel or vehicles are routinely involved with this training. Ground vehicles may need to be used for recovery operations. Activities generally will be as indicated on Figure 16-1 attached hereto. 2. PARTIES TO THIS AGREEMENT: The parties to this Agreement are the Iowa National Guard and City of Waterloo Iowa , the a owner of the land(Owner). 3. THE PARTIES ALSO AGREE AS FOLLOWS: a. The Owner herby grants permission to the Iowa Army National Guard to enter upon,use and remain on the above land for aviation training activities indefinitely or from 12 AUG 2020_to 31 AUG 2040 , subject to earlier termination as set forth in Section 4. b. This agreement is given voluntarily as an accommodation to the Iowa National Guard, and is without cost to the Iowa National Guard and its officers and members. The Owner will not provide services, supplies, or other utilities for which reimbursement is expected. c. The Iowa National Guard agrees that aviation training activities will be conducted on land specifically designated by the Owner, and that such activities will not interfere in any way with known activities,persons or livestock. d. The Iowa National Guard will not erect any buildings or other structures upon the land. The Iowa National Guard will make no improvements to the land, other than removal and general cleanup of debris that may be caused by the aviation training activities. The property will be left in or restored to its pre-event condition. e. No harm or damage to the land, including trees, shrubberies, or crops, is anticipated in connection with the training exercise, nor are claims against the Owner for injuries to Iowa National Guard personnel or others participating in the training, however; should such harm, damage or claims occur, any and all claims for damages will be processed and awarded consistent with Article VII, Section 1 of the Iowa Constitution, Iowa Code Chapter 669, and the Federal Tort Claims Act, 28 U.S.C. 2671-2680. Page 74 of 102 SUBJECT: Aviation NO FEE Agreement—(Insert WET Site name here) f. Subject to this paragraph, the Guard's use of the real estate shall be exclusive only during those time periods when the Guard is using the real estate, and the Owner shall not allow any other person or entity upon the real estate without prior coordination with the training area commander. The Guard shall make use of the real estate during those times required for the mission during training periods and at such other times as may be agreed by the Guard, through its training area commander, and the Owner. The Guard shall provide reasonable advance notice to the Owner of any training period. Notwithstanding the foregoing, the Owner, its employees and agents, shall have access to and use of the real estate in any situation where an emergency exists that involves the real estate, and shall make reasonable effort to notify the training area commander of any such use during a Guard training period. Further, the Owner, its employees, contractors and agents, shall have use of the real estate for any municipal purpose at any time that is not a Guard training period. The Guard agrees that it shall be responsible for all injuries to its personnel or personnel of other agencies participating in the training, and damage to the equipment or property of the Guard, other agencies, or such personnel, where such injuries or damage occur in the line of duty and not due to the negligent or willful conduct of the Owner, and the Guard shall hold the Owner harmless from any claims, demands, causes of action, expenses, costs, or liabilities of any type or nature whatsoever, including but not limited to attorneys' fees and expenses, arising from or in connection with such injuries or damages. g. The Iowa National Guard designates COL Timothy Eich , (Rank,Name) Commander of_Army Aviation Support Facility, 2245 West Big Rock Road Waterloo Iowa 50701 319 234-1372, (Unit&Address) (Telephone number) Point of Contact for the Iowa National Guard for the purposes of providing information regarding this Agreement. The Owner designates Jamie Knutson, City Engineer, 715 Mulberry Street, Waterloo, Iowa 50703,phone 319-291-4312, as the Owner's point of contact for purposes of this Agreement. 4. TERMINATION: This Agreement may be terminated at any time by either party by providing the other party at least thirty(30) days written notice, via certified, return- receipt-requested United States Mail. 5. EFFECTIVE DATE: This Agreement shall become binding and effective upon approval by the State of Iowa Armory Board. 6. ENTIRE AGREEMENT; AMENDMENT: This Agreement represents the entire agreement of the parties pertaining to its subject matter and supersedes all prior or contemporaneous understandings or agreements. This Agreement may be amended only by a written instrument duly executed by the parties. CITY OF WATERLOO, IOWA Iowa ARNG Form 350-46,Agreement Page 75 of 102 SUBJECT: Aviation NO FEE Agreement—(Insert WET Site name here) (Commander,Aviation Unit) (Landowner) (Date) (Date) THRU: NGIA-OPS Recommend: Approval/Disapproval. (Deputy Chief of Staff of Operations) (Date) TO: NGIA-ICC-SQM Approved/Disapproved. FOR THE ADJUTANT GENERAL/ARMORY BOARD: (State Quartermaster) (Date) Iowa ARNG Form 350-46,Agreement Page 76 of 102 Attachment A Virden Creek Dam Legal That part of the Southwest Fractional Quarter of Section six,Township Eighty-nine North, Range Twelve West of the Fifth Principal Meridian, Black Hawk County, Iowa, described as follows: Beginning at a point on the West line of said Southwest Fraction Quarter which is one thousand eight hundred fifty-one and Sixty-seven hundredths (1851.67)feet North of the Southwest corner of said section six; thence N89°25'18"E a distance of Four Hundred Thirty-Eight and Eighty-eight hundredths (438.88)feet;thence S33°49'24"W a distance of One Hundred Fifty-three and Four tenths (153.4)feet; thence S69°15' 02"E a distance of Two Hundred Twenty and Seventy-four Hundredths (220.74)feet;thence N33°50'26"E a distance of seventy(70)feet;thence S56°09'17"E a distance of One Hundred Twenty-six and Thirty-one hundredths (126.31)feet; thence S14°12'09"E a distance of One Thousand One Hundred Sixty-seven and Seventy-six hundredths (1167.76)feet;thence N75°46'49"E a distance of Three Hundred (300.0)feet; thence N14°12'14"W a distance of Four Hundred Five (405.0)feet;thence N66°00'06"E a distance of Four Hundred Thirty-Three and eight tenths (433.8) feet; thence S52°42'55"E a distance of One Thousand Five Hundred Forty-three and Ninety-five hundredths (1543.95)feet to a point on the East line of said Southwest Fractional Quarter which is One Hundred Ninety-eight (198.0)feet North of the Southeast corner of said South-west fractional quarter;thence N01°14'05"W a distance of Four Hundred Ninety-one and Five Tenths (491.5)feet along the East line of said Southwest Fractional Quarter;thence N50°40'34"W a distance of One Thousand Seven Hundred Twenty-five and Nine Tenths (1725.9)feet; thence N86°08'26"E a distance of Four Hundred Sixteen and Two Tenths (416.2)feet; thence N63°14'36"E a distance of One hundred Thirty-six and Five Tenths (136.5)feet; thence N26°52'30"W a distance of Fifty-two and Seventeen Hundredths (52.17)feet to the South line of the North Forty-seven Acres of said Southwest Fractional Quarter; thence S89°25'18"W a distance of One Thousand Nine Hundred Seventy-two and Twelve Hundredths(1972.12)feet to the West line of said Southwest Fractional Quarter; thence S00°00'E a distance of Sixty feet to the point of beginning, containing 37.61 Acres including present established Road. Page 77 of 102 n { x Ky, �x Page 78 of 102 = IZ Pinnacle w _ +l' h approach to darn .aOIL North west approach ' South east approach !! F-rA161ne:H, 1T WH 5663 1064 ` � NOTE: The project proponent does not need to fill out shaded sections of the form. NGIA- DIM-E will complete the shaded sections and review the proponent's sections. The Environmental Program Manager will sign the completed Record of Environmental Consideration and Environmental Checklist and return to the proponent. RECORD OF ENVIRONMENTAL CONSIDERATION 1. Project name: Landing Zone Pinnacle 2. Today's date: 12AUG2020 3. Anticipated start date: 12AUG2020 NOTE: This section will be completed by NGIA-DIM-E. 4. It has been determined that the action: ❑ a. Is adequately covered in the existing EA ❑ EIS ❑ Title and Date: ❑ b. Qualifies for Categorical Exclusion # ❑ c. Is exempt from NEPA requirements Print: Print: Sign: Sign: Proponent for Action (Unit) Environmental Program Manager Date: Date: Print: Concurrence: Land Owner or Representative Date: ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 1 Page 80 of 102 IA ARNG ENVIRONMENTAL CHECKLIST 1. Background. a. Project name: Landing Zone Pinnacle b. Proponent name and unit: Army Aviation Support Facility#2, Waterloo c. Proposed schedule and project duration: Indefinite 2. Description. a. The proposal will involve: (Check one or more) ® Training Activities ❑ Community Support Project ❑ Lease or License ❑ Other (Explain) b. Description of proposal. Be complete. Use simple terminology. Consider all activities that will occur as a result of the proposal. Describe all units and activities that may be involved, the number of troops and the types of equipment that will be used. Estimate how frequently the site will be used on an annual basis. The area will be utilized for aviation operations, landings, and departure with 1-3 aircraft based on mission planning. Aircraft will not prolong usage or the area for reasons other than stated. The area is not designated for troop or vehicle usage. c. Location of proposal. Describe the environmental setting. Include current use of the site. Provide a description of the site, including such things as waterways, slope and vegetation. Include a brief description of the surrounding properties and their activities. NOTE: Include a map and mark the site (Contact NGIA-DIM-E for site maps, as required). the site is currently used as part of the city waterway management system. this site is funadamentally a spillway dirt burm or dike. there is naturally occuring grass on the top and slope of the dike. there is also privatly owned properties adjacent to the site. Aircraft approach is limited to the dike to avoid overflight of these properties. d. Describe any known environmentally-sensitive areas located nearby. List sites by type and distance (in miles). Include area such as rivers, creeks, wetlands, native prairie, parks, historical or archeological sites, floodplains, prime farmland, etc. Potential flood plains surrounding the dike as it is part of the waterloo water management system. No enviromental impact to the area used by aircraft. ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 2 Page 81 of 102 3. Environmental Impact Analysis. a. Air Quality. Will the proposal result in: Yes Maybe No N/A Air emissions, to include generation of smoke, dust, or objectionable odors that may migrate beyond site boundaries? ❑ ❑ ❑ ❑ Examples: ❑ a. Use of dirt/gravel roads/trails ❑ d. Field latrines ❑ b. Weapons firing ❑ e. Smoke generator/grenades ❑ c. Open burning ❑ f. Other (explain) Provide additional detail for"Yes" answers. b. Noise. Will the proposal result in: Yes Maybe No N/A (1) Increased noise levels? ® ❑ ❑ ❑ Examples: ❑ a. New/additional weapons use ® c. New/additional aircraft ❑ b. New/additional traffic (2) Noise generation adjacent to noise sensitive areas? ® ❑ ❑ ❑ Examples: Provide the estimated distance to the nearest noise sensitive area (in miles). a. Residence: 0.5 miles c. Hospital: b. School: d. Church: (3) Night (2200-0700) operations? ❑ ❑ ❑ ❑ Examples: ❑ a. Training activities ❑ c. Weapons firing ® b. Aircraft ❑ d. Other (explain) Provide additional detail for"Yes" answers. Area will not be utilized between the hours of 2200-0700 ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 3 Page 82 of 102 c. Soil Disturbance. Will the proposal result in: Yes Maybe No N/A Soil disruption or increase in soil erosion. Permanent changes to the ground's surface? ❑ ❑ ® ❑ Examples: ❑ a. Field latrines ❑ c. Hand digging ❑ e. Other (Explain) ❑ b. Kitchen or ❑ d. Mechanical laundry soakage digging/grading pits Provide additional detail for"Yes" answers. d. Hazardous Substances. Will the proposal result in: Yes Maybe No N/A (1) Use of hazardous materials and/or generation of regulated wastes? ❑ ❑ ® ❑ Examples: ❑ a. Fuels ❑ d. Batteries ❑ b. Oils ❑ e. Other (Explain) ❑ c. Antifreeze (2) Risk of a spill of a hazardous substance? ❑ ❑ ® ❑ Examples: ❑ a. Items described in d(1), above ❑ c. POL storage/dispensing point ❑ b. Vehicles and equipment ❑ d. Other (Explain) (3) A need for trained personnel and an Off-Site Spill Plan (provided at Annex 2 to Annex Q, Chapter 15, ING Pam 200-1) to ensure proper handling, storage, and spill response for hazardous substances? ❑ ❑ ® ❑ Examples: ❑ a. Must be yes if either d.(1 or 2) above, are checked ❑ b. Other (Explain) ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 4 Page 83 of 102 (4) Generation of solid wastes? ❑ ❑ ® ❑ Examples: ❑ a. Domestic garbage ❑ b. Other (Explain) Provide additional detail for"Yes" answers. e. Water Resources. Will the proposal result in: Yes Maybe No N/A (1) Discharges to surface waters? ❑ ❑ ® ❑ Examples: ❑ a. Water purification equipment ❑ b. Other (Explain) (2) Potential for spills of a hazardous substance to a body of water? ❑ ❑ ® ❑ Examples: ❑ a. Vehicle use located near body of ❑ c. Refueling conducted near body of water water ❑ b. Vehicles parked near body of ❑ d. Other (Explain) water (3) Actions within floodplains or wetlands? ❑ ❑ ® ❑ Examples: ❑ a. Training on property containing floodplains or wetlands ❑ b. Other (Explain) Provide additional detail for"Yes" answers. ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 5 Page 84 of 102 4. Determination. NOTE: This section will be completed by NGIA-DIM-E after review of the above information. The review may require contact with the proponent, the landowner, the Iowa Department of Natural Resources, the State Historic Preservation Office and others based on the scope and location of the proposed action. On the basis of this initial evaluation the following is appropriate: ❑ In accordance with 32 CFR 651 Appendix B, the proposed action qualifies for a categorical exclusion that does not require a Record of Environmental Consideration ❑ A Record of Environmental Consideration ❑ An Environmental Assessment ❑ A Notice of Intent to prepare an Environmental Impact Statement Print: Print: Sign: Sign: Proponent for Action (Unit) Environmental Program Manager Date: Date: ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 6 Page 85 of 102 CITY OF WATERLOO Council Communication Resolution adopting a face mask mandate for the City of Waterloo. City Council Meeting: 11/9/2020 Prepared: 11/5/2020 ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Resolution adopting a face mask mandate for the City of Waterloo. Submitted by: Submitted By:Jonathan Grieder, Ward 2 Council member Page 86 of 102 Prepared by Kelley Felchle, Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2020- RESOLUTION ADOPTING A FACE MASK MANDATE FOR THE CITY OF WATERLOO. WHEREAS, we, the elected representatives of the City of Waterloo, took an oath to uphold and defend the Constitution of the United States and the Constitution of the State of Iowa; and, Whereas, the emergence of the novel coronavirus, SARS-CoV-2, that causes the diseases COVID-19, can result in serious illness or death and can easily be spread from person to person; and, WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency related to the dangers posed by COVID-19; and, WHEREAS, on March 9, 2020, the Governor of the State of Iowa, Kim Reynolds, signed a proclamation of disaster emergency for the entire State of Iowa based on the increasing numbers in the State of Iowa testing positive for COVID-19; and, WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak to be a worldwide pandemic; and, WHEREAS, on March 13, 2020, the President of the United States signed an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizing emergency response measures in all fifty states in response to COVID-19; and, WHEREAS, the most current local data relating to COVID-19 as provided by the Iowa Department of Public Health ("IDPH") and the Black Hawk County Department of Public Health (`BHCDPH") show that the state, Black Hawk county, and Waterloo continue to experience significant community spread of this disease; and, WHEREAS, the City of Waterloo has a compelling interest to protect the lives of its residents; and, WHEREAS, Article III, Section 38A of the Iowa Constitution grants municipalities the power to determine their local affairs and government not inconsistent with the laws of the general assembly; and, Whereas, Chapter 364 of the Iowa Code reaffirms the constitutional grant of home rule authority to municipalities "to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or its residents, and improve the peace, safety, health, welfare and convenience of its residents"; and, WHEREAS, a city "may exercise its general powers subject only to limitations expressly imposed by state or city law," and the exercise of a city power "is not inconsistent with a state law unless it is irreconcilable with the state law." Iowa Code section 362.2(2) and(3); and WHEREAS, a city may set standards "more stringent than those imposed by state law, unless a state law provides otherwise." Iowa Code section 364.3(a); City of Des Moines v. Gruen, 457 N.W.2d 340, 343 (Iowa 1990); Bryan v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978); and, WHEREAS, the Center of Disease Control ("CDC"), the IDPH, and BHCDPH, have all Page 87 of 102 Resolution No. 2020- Page 2 determined and encouraged that face coverings are an critical tool in the fight against COVID-19 that could reduce the spread of the virus particularly when used universally within a community; and, WHEREAS, the Governor's current proclamation requires that businesses and gatherings ensure social distancing of employees, customers, and attendees, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with the guidance of the IDPH; and, WHEREAS, the IDPH's reopening guidance advises that members of the public consider the use of cloth face coverings when distancing is not possible because wearing a face covering in public places where social distancing measures are difficult can help slow the spread of COVID-19; and, WHEREAS, a requirement that persons in the City of Waterloo wear face coverings is essential to reducing the risk of transmission of COVID-19, and necessary to protect the health, welfare, and safety of residents, visitors and accelerate local recovery efforts; and, WHEREAS, a requirement that persons wear a face covering is not irreconcilable with the Governor's proclamations and the guidance of the Iowa Department of Public Health; and, WHEREAS, this resolution is not meant to be stigmatizing or punitive and is in the best interest of the health, welfare, and safety, and economic recovery of the City of Waterloo and its residents; now, therefore NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. Every person in the City of Waterloo must wear a face covering when: a. In public as opposed to one's place of residence, when one cannot stay six (6) feet apart from others. b. Inside any indoor public settings, including but not limited to: 1. Grocery stores 2. Pharmacies 3. Hardware stores 4. Retail stores 5. Other public settings that are not one's place of residence and when among people who do not live in the same household 6. City buildings c. Outside if maintaining six(6) feet apart is not possible d. Using public transportation or private car services (including taxis, ride share, or carpooling) Section 2. No business that is open to the public may provide service to a customer or allow a customer to enter is premises, unless the customer is wearing a face covering as required by this resolution, and businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligations to wear a face covering while inside. Section 3. Those who are exempt from wearing a face covering: a. Persons younger than 2 years of age due to the risk of suffocation. b. Anyone who has trouble breathing, on oxygen therapy, or ventilator. c. Anyone who is unconscious, incapacitated, or otherwise unable to remove their Page 88 of 102 Resolution No. 2020- Page 3 face covering without assistance. d. Anyone who has been told by a medical, legal, or behavioral health professional not to wear face coverings. e. Anyone actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel. Section 4. Places and times where a persons are exempt from wearing a face covering; a. While traveling in a personal vehicle alone or with household members. b. While a person is alone or with household members. c. While exercising at moderate or high intensity e.g. swimming,jogging,biking. d. While seated at a food establishment in the process of eating or drinking. e. While obtaining a service that would require temporary removal of the persons face covering. f. When federal or state law prohibits wearing a face covering or requires the removal of a face covering. Section 5. If a cloth face covering is chosen, appropriate use of a cloth face covering includes: a. A snug fit, but comfortable against the side of the face. b. Completely covers the nose and mouth. c. Is secured with ties or ear loops. d. Includes multiple layers of fabric. e. Allows for breathing without restriction. f. Can be laundered and machine dried without damage or change in shape. Section 6. The enforcement mechanism for this resolution shall be left up to the Mayor or designee with the aim towards compliance not punishment. Section 7. That this resolution shall be in effect for six weeks from the date it is signed by the Mayor. Prior to the expiration, the City Council of the City of Waterloo may extend the mandate by adopting a new resolution. Section 8. If any section,provision, or part of this resolution is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision, or part of this resolution not adjudged invalid or unconstitutional. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this this 'h day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 89 of 102 Resolution No. 2020- Page 4 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2020- as passed and adopted by the City Council of the City of Waterloo, Iowa, on the th day of 2020 and signed by the Mayor of the City of Waterloo, Iowa on the day of 2020. Witness my hand and seal of office this th day of 2020. SEAL Kelley Felchle •P�ER�0•,, �� City Clerk ���ll • � W 11 jllllllq Page 90 of 102 CITY OF WATERLOO Council Communication Resolution approving submission of a grant application to the Black Hawk County Gaming Association in the amount of$820,000 including an estimated City matching contribution of approximately$1 million for Phase 3 improvements to the Convention Center. City Council Meeting: 11/9/2020 Prepared: 11/4/2020 Resolution approving submission of a grant application to the Black Hawk SUBJECT: County Gaming Association in the amount of$820,000 including an estimated City matching contribution of approximately$1 million for Phase 3 improvements to the Convention Center. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer Phase 3 of the improvements is planned to include updating the second floor Summary Statement: interior features, exterior signage and improvements to the Plaza at$th and Jefferson streets and will include a memorial piece honoring the Sullivan Brothers. Page 91 of 102 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo Purchasing Procedures Policy to approve the purchase of a used 2019 Ford Transit 150 Van, in the amount of$28,465, for the Center for the Arts. City Council Meeting: 11/9/2020 Prepared: 11/2/2020 ATTACHMENTS: Description Type ❑ Ford Transit Backup Material Resolution authorizing an exception to the City of Waterloo Purchasing SUBJECT: Procedures Policy to approve the purchase of a used 2019 Ford Transit 150 Van, in the amount of$28.465, for the Center for the Arts. Submitted by: Submitted By:Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution This is a used Transit Van to replace the Center for the Arts Transit Van that Summary Statement: was totaled in a crash in December of 2018. This van has 36,360 miles and is in excellent condition. Expenditure Required: $28,465.00 Source of Funds: GO Bond 420-26-4250-2117 Policy Issue: Strategy 3.4: Identify and improve proven cost and resource saving measures. 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F -o t 0 m t It U rn v QQ a m m � � ro�� � m <D N Z 0 , ! O O O d 6� O N O N V i ! ( I O O - Z!q �' u z N c g E L o O o oNi' x > ' w c7 I Q CD 0 ; W a o ,¢ oW ) r) o w o tL m 0 0r0 C%j c� U a o z �'o cg O W U � Nr U w J I I cuj oo" co -i Z)a� a� 3 i Pae 4 of 102 ui w U1 } 1 j I 69 (0 fA CG t J F- J ❑ O CITY OF WATERLOO Council Communication Complete Streets minutes of September 15, 2020. City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ minutes Backup Material SUBJECT: Complete Streets minutes of September 15, 2020. Submitted by: Submitted By: Page 95 of 102 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting September 15, 2020 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm September 15, 2020 by Vice Chairperson Leseman. Due to the COVID-19 epidemic the meeting was held via the Zoom online meeting application. Roll Call: Members present electronically: Mohammad Elahi, Paul Huting, Ray Feuss, Brian Schoon, Wayne Castle, Codie Leseman, Kevin Blanshan, and Aric Schroeder. Members absent were: Janet Buls, Jessica Rucker, Felicia Cass, Pat Morrissey, Will Frost, Dan Trelka, Jeff Bales, Abraham Funchess, and Greg Young. Other people attending: Noel Anderson and John Dornoff—City of Waterloo Planning; Jeff Hillegonds and Tony Bower- Stanley Consultants. It was moved by Schroeder, seconded by Huting to approve the minutes of the August 18, 2020 meeting. Motion carried unanimously. Park Avenue and list Street Bridge Replacement Proiect • Stanley Consultants presented their update on the bridge projects for 11th Street and Park Avenue bridges. • Competitive Highway Bridge Program grant to replace bridges. • Letting projected no later than September 2021. • Both bridges need to be similar due to bundling and bridges must be replaced. • Value Planning Workshop in December 2019. • Multi-Use of Crossings and how to incorporate the trail system. • Did Architectural and Archeological resource studies. • Mussel survey at request of Iowa DNR • Park Avenue o Bridge is required to meet"no-rise" certification. o Provide vertical clearance for trails. o Trail connections. o Minimize impacts on businesses. o Need to maintain Amphitheater entrance. o First alternative has buffered bike lanes and two lanes plus 7' sidewalks. o Second alternative has protected bike lanes with combined bike and pedestrian lane on north side with separation. o Looking at profile of Park Avenue to raise the bridge. Option 1 would allow 8' trail undercrossing but would need to be closed at high level mark. Option 2 would not require high water closure but would push the project to extend from Commercial to Sycamore Streets plus require closure of Cedar Street and other entrances closed. o Leaning toward option 1. o Looking to add overlooks along the bridge. o Different options for feature lighting. o Looking at similar railing to existing due to the historic nature of existing railing. o Currently 6 '/2' clearance under Park Avenue bridge would increase to 8'. o New closure structures on the road. • 11 th Street o Similar design criteria to Park Avenue. Page 96 of 102 Complete Streets Advisory Committee September 15,2020 o No-rise certification. o Eliminating or reducing flood protection. o Black Hawk Street at current location. 0 11 th Street traffic study done and currently has excess capacity. o Three-lane section the preferred option with two lanes on bridge. o Sidewalks are currently very narrow. o Both options have pedestrian facilities on only one side. o Eliminating flood protection would require the closure of the Canadian National tracks at the end of the bridge which CN does support. o Also looking at improving the Sycamore intersection. o Change trail under bridge to reduce number of closures. o Better access to trails. • Finalizing alternatives. • Public information meeting in the fall. • Detailed design will be completed spring 2021. • Construction in 2022 and 2023 with 12 month closures at each bridge. • Estimated cost$20-$25 million, grant was for$12.5 million. • The more flexibility usually the better price. • Current preferred alternative for Park Avenue is protected bike lanes. o Would mimic existing bridge which SHPO supports. • Schroeder recommends openings in the barriers to allow pedestrians to go through when closed down for festivals. o Barrier design makes this tricky. • Utilizing 10' or 11' driving lanes would allow for more room. Amendment to the Complete Streets Advisory Committee Administrative Rules • Two sections that are a challenge are if you are still on the committee when no longer in your city position, and dealing with attendance. • If a person misses meetings the chairperson can make a recommendation to the Mayor to replace, but it would still need Mayor and Council action. • The other change would specify what Committee members that were appointed because of their position, will automatically be off the Committee if they no longer are in that position(City staff and Council members). It was moved by Huting, seconded by Blanshan to approve the amendment to the Complete Streets Advisory Committee Administrative Rules. Motion passed unanimously. Update of Council Work Session on Sidewalk Infill Policy • Were scheduled on a Council work session to talk about short gap policy. • Due to length of another work session, it will be moved to another date later in the month. Update on Development of Additional Sidewalk Infill Policy (Large Projects) • Uncertainty on the direction of the policy. • What is the best angle to approach the longer gaps. • Need to have a clear funding mechanism such as part of street recon or another funding source. 2 Page 97 of 102 Complete Streets Advisory Committee September 15,2020 Review of Sidewalk Project Scores from Street Recon List and Recommendations on Requests for Funding for CIP • Castle reviewed the areas for upcoming street reconstruction and overlay, and noted that all of the areas impacted either already have sidewalk, or don't have sidewalk but are too big or won't connect to anything to make them justifiable, with the exception of Heath St,but that is going to be addressed anyway because of ADA needs. • Leseman noted that it is important to try and find a stable funding source, because some of the areas deemed to be to large of a gap and too expensive to justify would be great pedestrian improvements. Upcoming PZ Agenda Review • Schroeder went over the planning agenda. Update on the Walnut Street Bike Route Focus Proiect • Hopefully project will be done by next spring. • Signs done during the spring. • Will be signs and pavement markings such as sharrows. • Stanley Consultants is also studying adding bicycle signals along entire corridor. • Traffic lights would give a few seconds of green to bikers before automotive lights turn green. Shaulis/218 Connection Update • Still in final stages of planning, still moving forward. Other Project Updates • No updates. Other Discussion • None. Adjournment Leseman adjourned the meeting at 3:03p.m. Respectfully submitted, John Dornoff Planner I 3 Page 98 of 102 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of September 15, 2020. City Council Meeting: 11/9/2020 Prepared: 11/3/2020 ATTACHMENTS: Description Type ❑ minutes Backup Material SUBJECT: Historic Preservation Commission minutes of September 15, 2020. Submitted by: Submitted By: Page 99 of 102 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING—September 15, 2020—4:30 P.M. Meeting was held by Zoom online meeting application Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance electronically were: Ed Ottesen,Nick Hedrick, Mathew Gilbert, Alice Rohret, Terry Stevens, and Susan Price. Commission Member(s) absent were: None Others Present electornically: John Dornoff—Planning Staff; Ed Gallagher—Grout Liaison; and Frencesca Soans—UNI. Approval ofAgenda Motion made by Hedrick, seconded by Rohret to approve the agenda of the September 15, 2020 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Hedrick to approve the minutes of the July 21, 2020 meeting and the notes of the August 18, 2020. Motion carried unanimously. Oral Presentations Francesca Soans, UNI asked about properties which are about to be demolished on Salisbury which are referred as Eddie B's. Been documenting the history of Waterloo to the African- American community. This property is privately owned. Hearings 1. Request for a recommendation to the Board of Adjustment on a request to allow a fence in the required front yard at 326 Highland. Ottesen asked about the history of the fence. Hedrick said the house has been empty for some time. Stevens says he should not get the variance. Gilbert says that the homeowner needs some education. Six foot fence instead of 5-foot. Not in the proper place. Motion made by Hedrick seconded by Rohret to recommend denial for a request by Robert Sauls for a variance to allow a 6'fence in the required front yard at 326 Highland. Motion passed unanimously. 2. Priority for surveys Dornoff said that Stevens had previously said that Triangle was the biggest priority. Ottesen says he agrees with Stevens that Triangle should be first priority. Discussion about area northwest of US Highway 63. -1- Page 100 of 102 Top three: 1. Full Triangle 2. Church Row 3. Northwest of Walnut It was moved Stevens seconded by Gilbert to approve a priority list of future historic surveys to include 1) Triangle 2) Church Row and 3)Northwest of Walnut. Motion passed unanimously. Building Consultation None Reports 1. Main Street No reviews this month, review of grab n grow signage. Holiday decor going up in early November. New council chair will be Mason. Possibly be in person meeting next month. 2. Silos and Smokestacks. No Report 3. Grout Museum Improvements are happening to the Snowden House. Next board meeting tomorrow. 4. Building Update Dunsmore House had architects looking at house and will give report on house which will be approved by council on Monday. Will be talking next week with a group from Denver, CO about redeveloping the Rath building. 5. Highland Several houses for sale but selling quickly. All events cancelled for the year. 6. Walnut Several habitat homes going in, nice to see new owners in the community. Discussion Items/Possible Action Items 1. Past Forward Gilbert and Stevens applied for grants to attend the conference. -2- Page 101 of 102 2. Historic Storyboard Maps Dornoff went over the progress being made on the storyboard maps. 3. HPC Awards Banquet 2021 We are book for May 13th, 2021. 4. School Art Project Stevens is talking to schools. 5. Main Street collaboration Looking for ideas. 6. Demolitions 220 Hopkins Court is being demolished. 7. Action Plan Last item to do this year was selecting priority list. Design Guidelines: Aware of what can and cannot do. Other Discussion: None Adiournment Ottesen adjourned the meeting at 5:20p.m. Respectfully submitted, J� ,�,, 4 John Dornoff Planner I -3- Page 102 of 102