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Council Packet - 11/16/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, November 16, 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 161 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Kelley Felchle, City Clerk Agenda, as proposed or amended. Minutes of November 9, 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 Completion of Project and Acceptance of Work for work performed by Huff Contracting Inc., of Waterloo, Iowa, at a total cost of$279,305, in conjunction with the construction of the new Gates Park Golf Course Maintenance Building. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 3. Resolution authorizing an exception to the City of Waterloo Purchasing Procedures Policy to approve the purchase of a demonstration unit garbage truck, in the amount of$260,250, from Elliott Equipment of Davenport, Iowa. Submitted By: Randy Bennett, Public Works Division Manager 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as December 3, 2020 and date of public hearing as December 7, 2020, in conjunction with Demolition Services, Contract No. RD- 2020-12-01 P, located at 115 Sumner Street, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution setting date of public hearing as December 7, 2020 to approve a request of Mark Evert/Evert Homes, LLC, to rezone 0.365 acres from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District, to construct a five unit condominium located at 146 Martin Road, and Page 2 of 161 instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Investigator Gergen Class/Meeting: Defensive Tactics Instructor Recertification Course Destination: Johnston, IA Dates: December 31, 2020 Amount not to exceed: $197 b. Nathan Watson Class/Meeting: Unexploded Military Ordinance School Destination: Des Moines, IA Dates: November 30 - December 11, 2020 Amount not to exceed: $200 C. Rob Camarata/17 Students Advanced Search and Seizure Class/Meeting: Advanced Search and Seizure Destination: Waterloo, IA Dates: December 1, 2020 Amount not to exceed: $2,200 1. LIQUOR LICENSES a. Guddi Mart, 306 Byron Avenue Class: E Liquor Renewal Application Includes Sunday Expiration Date: 10/17/2021 b. Kwik Star#380, 506 W. 9th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 11/18/2021 C. Locker Room Lounge, 1918 Hawthorne Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/31/2021 d. Neighborhood Mart, 2102 Lafayette Street Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 11/14/2021 e. The Saloon, 303 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Page 3 of 161 Expiration Date: 11/14/2021 f. West Side Liquor, 919 W. 5th Street Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 12/21/2021 2. Motion approving Change Order No. 1 with Huff Contracting Inc., of Waterloo, Iowa, for a total increase of$114, in conjunction with the construction of the Gates Park Golf Course Maintenance Building and authorizing the Mayor to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 3. Motion approving Change Order No. 5 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $1,698.56, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director PUBLIC HEARINGS 2. Snow removal contract for residential/miscellaneous areas for city owned lots generally acquired through Iowa Code 657A. 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. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of bid to B & B Lawn Care Inc., of Waterloo, Iowa in the amount of $12.74 per lot/occurrence, approving the contract, bond, and certificate of insurance, in conjunction with the snow removal of residential/miscellaneous area for city owned lots generally acquired through Iowa Code 657A, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson,Community Planning and Development Director RESOLUTIONS 3. Resolution approving an application to the Black Hawk County Gaming Association in the amount of$20,000 for the Waterloo Aquatics Master Plan. Submitted By: Paul Huting, Leisure Services Director 4. Resolution approving the City of Waterloo Municipal Golf Rates for the 2021 season. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 5. Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, rescinding resolution 2020-616, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Page 4 of 161 6. Resolution approving Electric Distribution System Proposal with MidAmerican Energy Company in the amount of $327,736.50 for the construction and provision of electric lines along Leversee Road, in conjunction with the Waterloo Air and Rail Park, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving an Amendment to the Development Agreement with Robert Castro Construction, originally executed July 24, 2017, adding Infill Policy incentives, in the amount of $10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting minutes of October 7, 2020. 2. Board of Adjustment minutes of September 22, 2020. 3. Planning, Zoning and Programming minutes of October 6, 2020. Page 5 of 161 CITY OF WATERLOO Council Communication Minutes of November 9, Regular Session, as proposed. City Council Meeting: 11/16/2020 Prepared: ATTACHMENTS: Description Type U Minutes of November 9, 2020 Backup Material Submitted by: Submitted By: Page 6 of 161 November 9, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday,November 2020, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Joe Leibold, Police Major and Kelley Felchle, City Clerk 159258 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday,November 9, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159259 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday,November 2, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Dixon Stuelke, 421 Belmont Avenue, commented that the schools are not planning to move to virtual learning. He stated that he believes the schools are misrepresenting the data and putting the children and adults at risk. He explained that studies show that children can catch covid, remain unsystematic, and potentially kill a parent. He urged the schools to move to all online learning. Forest Dillavou, 1725 Huntington Road, stated that he does not support the council move two meetings per month. He agreed that 3:30 is too early to start a work session. John Sherbon, 1715 Robin Road, questioned if the city is going to gain anything by moving to two meetings per month. He stated that the turnaround time currently is too short for the public to dive into the agenda. He recommended publishing the agenda one week in advance. Mrs. Klein commented that Mr. Anderson stated at the last council meeting that the All-In Grocery Store had taken out a permit for the foundation and she is clarifying that was not a recent event, the permits were taken out about a year ago. She had misunderstood this and feels others may have also misunderstood. Noel Anderson, Community Planning and Development Director, commented that the foundation permits were updated and are being readied to be issued which mean they can begin to start work whenever they are ready. There had been foundation permits approved before, but they had expired, so we are excited to see that they have been resubmitted and hopefully that leads to construction soon. Mrs. Klein questioned if the updated development agreement will be delivered to council for approval soon. Noel Anderson commented that they are working with them on a definite date to break ground and hopes to get something to council very soon. Mr. Morrissey thanked Randy Bennett for improving the lighting at the yard waste sight now that daylight savings time is in effect. He asked that lights also be put up at the gate on Independence Avenue and along the road while the site is open and during daylight savings time. He stated that he had asked for a copy of the current sale of land policy from Mr. Anderson, mow to own incorporated into the policy, as it relates to 657A Properties and questioned when he will receive it. He encouraged the council to contact the school board about Mr. Stuelke's comments. Mrs. Juon questioned if the reason the schools have not closed is that the governor has set guidelines for when schools can resume virtual learning. She asked the Mayor to pass along the council and staff's thank you to veterans on Veterans Day. Mayor Hart thanked all veterans for their sacrifice and service. He shared that a small meeting was held with Black Hawk County Public Health to discuss the sharp increase in the number of Covid cases, then shared that he has tested positive for Covid and contracted it from a family member. He Page 7 of 161 November 9, 2020 Page 2 said that he is doing well. He shared that the city is continuing to meet internally as a staff with our Covid Response Team and monitor what's taking place inside the city as well as outside the city building as well. He thanked the city council for not being afraid to put a mask mandate into place. He stated that they would be challenging the County Board of Supervisors to pass a mask mandate and added that this is not about politics, it is about safety. He shared that he visited the E.R. with a family member last week, and due to the high number of people waiting, they were not able to see an ER physician for over three hours. He explained that there were lines extending outside waiting to be seen and stressed the seriousness of the situation our community is facing. 159260 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159261 - Juon/Feuss that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated November 9, 2020, in the amount of$6,952,977.96 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-816. 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. Resolution adopted and upon approval by Mayor assigned No. 2020-817. 3. Resolution approving request of Kevin Mienders 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. Resolution adopted and upon approval by Mayor assigned No. 2020-818. 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. Resolution adopted and upon approval by Mayor assigned No. 2020-819. 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 and City Clerk to execute said document. Work,6. Resolu4i Completion of Pr-ojeet and Reeenunendation of Aeeeptanee of for-work per-feEmed by Br-eek Even Genstmetien, LLG, ef jesup, lowa, at a tetal ees $409,429.70, in eef��etiea with the FY 2020 Sidewa4k and Trail Repair-Program Zene !O, Cop.-Ifaet Ne. 1009, and r-eeeive and file two yeaf maintenmee . 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. Page 8 of 161 November 9, 2020 Page 3 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. Resolution adopted and upon approval by Mayor assigned No. 2020-820. 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)-8I-07), Contract No. 1012, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-821. 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). Resolution adopted and upon approval by Mayor assigned No. 2020-822. 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(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-823. 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). Resolution adopted and upon approval by Mayor assigned No. 2020-824. b. Motion to approve the following: 2• Approved Beer, Liquor, and Wine Applications Name &Address of Class New or Expiration Includes Business Renewal Date Sunda a. Kings and Queens Club, 304 C Liquor w/Outdoor Renewal 11/15/2021 x W. 4th Street Service b. Knights of Pythias- C Liquor w/Outdoor New 9/16/2021 x Furgerson Lodge#5, 244 Service Ash Street *Ownership Update* c. New Star Liquor, 1625 W. B Wine/C Beer/E Renewal 12/10/2021 x 4th Street I Liquor 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Matthew Chapman Electrical Examiners and November 10, 2023 Re-Appointment Appeals Board Richard Mott, Jr. Electrical Examiners and November 10, 2023 Re-Appointment Ap eals Board HVAC Mechanical Board Mike Fereday for Licensin and A eals November 10, 2023 Re-Appointment HVAC Mechanical Board Travis Young for Licensin and A eals November 10, 2023 Re-Appointment Julie Gardner HVAC Mechanical Board November 10, 2023 Re-Appointment for Licensing and Appeals Page 9 of 161 November 9, 2020 Page 4 Roll call vote-Ayes: Seven. Motion carried. 159262 - Morrissey/Feuss 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. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned what happens to the concrete that is removed, does B&B get paid to deliver the discarded concrete and is it in turn sold back to the City of Waterloo. Jamie Knutson, City Engineer, explained that the contract is let in such a way that the contractor is responsible for disposing of the concrete that is taken out and has the option to take the material to a few different place. That material is crushed into an aggregate form and that can be used as street base, shoulder material, or fill material. The city pays the contractor to haul it away, and the city has at times,used the recycled concrete. The cost for the recycled material is about the same as virgin material. Mr. Morrissey clarified that the city is buying the material back. Jamie Knutson commented that it depends. The city may use virgin rock or recycled concrete and the cost difference between the two is small. Resolution adopted and upon approval by Mayor assigned No. 2020-825. PUBLIC HEARINGS 1592623 - Morrissey/Grieder that proof of publication of notice of public hearing on Demolition Services, Contract No. RD-2020- 11-02P, located at 508 Bratnober Street and 811 Williston Avenue, as published in the Waterloo Courier on October 27, 2020, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159264 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159265 - Morrissey/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that the Bratonober house is a pile of rubble. He asked for an explanation of why the project is so expensive. Noel Anderson, Community Planning and Development Director, explained the RACEM process and the high cost of removing the homes. Mrs. Klein questioned how long homeowners have to address a burned home. Noel Anderson explained that he would need to look into the state code for the timelines. Resolution adopted and upon approval by Mayor assigned No. 2020-826. 159266 - Morrissey/Grieder Page 10 of 161 November 9, 2020 Page 5 Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and Development Director for review. Bidder Bid Security Bid Amount Earth Services &Abatement 5% $128,015 Des Moines, IA Voice vote-Ayes: Seven. Motion carried. 159267 - Amos/Grieder that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on October 30, 2020,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159268 - Amos/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159269 - Amos/Grieder that "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", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-827. RESOLUTIONS 159270 - GriederBoesen that "Resolution adopting a face mask mandate for the City of Waterloo", be adopted. Roll call vote- Ayes: Seven. Motion carried. Forest Dillavou, 1725 Huntington Road, questioned who will enforce the mandate and if it includes fines. Mayor Hart commented that the city cannot issue citations. What the city has seen is that businesses have increased the requirement that patrons have to wear masks. Mr. Grieder commented that the community is currently at 25 percent 14 day rolling positivity. Allen Hospital informed the public that they are full and Mercy One is at critical status. The University of Iowa Hospital's CEO shared in an email to his employees, that while some hospitals might have beds they will not have the staff to provide for patient care. In two weeks, we have seen 2,000 cases and death counts have risen. We have to do better. He shared that the facemask mandate is helping but people need to continue washing hands. Mr. Boesen commented that the last time this was on council he voted against it, as there is no way to enforce it. He commented that if all the cities in the metro could get on board it will help the hospitals have the ability to care for patients. He shared that he would be in favor of amending this to span twelve weeks. Mr. Morrissey shared that this is the third time the council is bringing this forward and questioned if the resolution could be in effect until a vaccine is made available to the general population. Mr. Grieder commented that he is amenable to making this to be 12 weeks, which will get us through the holidays and into early next year,but thinks that the definitions could become difficult very quickly if we say based on a vaccine. Page 11 of 161 November 9, 2020 Page 6 Mr. Morrissey questioned if listing a particular date, such as February 9, rather than a specific week allowing council to know when it would be time to revise again if necessary. Mrs. Klein commented that the numbers have exploded and has seen that wearing a mask is not helping. She explained that she is concerned about the amount of worry Covid and the mandate creates in the community. 159271 - Boesen/Grieder To amend the resolution extending the time to 12 weeks not 6 weeks. Roll Call: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-828. 159272 - GriederBoesen that "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",be adopted. Roll call vote-Ayes: Seven. Motion carried. Forest Dillavou, 1725 Huntington Road, questioned where the $1 million would come from. Michelle Weidner, Chief Financial Officer, explained that bonds would be used unless charitable donations are received. Resolution adopted and upon approval by Mayor assigned No. 2020-829. 159273 - GriederBoesen that "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",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-830. ADJOURNMENT 159274 - Grieder/Feuss that the Council adjourn at 6:20 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 12 of 161 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by Huff Contracting Inc., of Waterloo, Iowa, at a total cost of$279,305, in conjunction with the construction of the new Gates Park Golf Course Maintenance Building. City Council Meeting: 11/16/2020 Prepared: 11/9/2020 ATTACHMENTS: Description Type ❑ Statement of Completion-Align Architecture Cover Memo Resolution approving Completion of Project and Acceptance of Work for SUBJECT: work performed by Huff Contracting Inc.. of Waterloo. Iowa, at a total cost of$279,305, in conjunction with the construction of the new Gates Park Golf Course Maintenance Building. Submitted by: Submitted By:JB Bolger. Golf and Downtown Area Maintenance Manager Recommended Action: It is recommended that the project be accepted and that Council approve the "Statement of Completion and Final Acceptance of Work." As indicated in the attached letter, Lead Architect and Construction Summary Statement: Administrator with Align Architecture& Planning, Larry Kurtz, has deemed the project to be acceptable and complete. Expenditure Required: $279,305.00 Policy Issue: Strategy 4.5: Quality of Place Page 13 of 161 a ! ■ Ein. n November 3, 2020 architecture &planning Mayor Quentin Hart 715 Mullberry St. Waterloo, IA 50703 RE: Gates Park Maintenance Building Project#2019-0022 Dear Mayor Hart, As Lead Architect and Construction Administrator for the Gates Maintenance Building Project, I have been working with both the City of Waterloo Personnel and Huff Contracting towards the completion of the project. I have spoken with both James Bolger and Jason Huff to address any remaining details. visited the site on Friday October 30th, for a final inspection and I am now ready to call the project complete to my satisfaction. Please let me know if you have any follow up questions. Sincerely, Align Architecture & Planning Larry Kurtz LR Klljj 327 E.4th Street,Suite 204 Waterloo, Iowa 50703 [319]233-1163 www.ali npai 4 of 161 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo Purchasing Procedures Policy to approve the purchase of a demonstration unit garbage truck, in the amount of$260,250, from Elliott Equipment of Davenport, Iowa. City Council Meeting: 11/16/2020 Prepared: 11/6/2020 ATTACHMENTS: Description Type ❑ Elliott quote Backup Material Resolution authorizing an exception to the City of Waterloo Purchasing SUBJECT: Procedures Policy to approve the purchase of a demonstration unit garbage truck, in the amount of$260,250, from Elliott Equipment of Davenport, Iowa. Submitted by: Submitted By:Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: This is an excellent opportunity to purchase another make of truck to replace a Curbtender garbage truck that has been taken out of service. Expenditure Required: $260,250.00 Source of Funds: Sanitation Fund - 525-15-5400-2117 Policy Issue: Strategy 2.2:Enlist all City departments and staff members in efforts to promote a safer community. Page 15 of 161 3100 West 761h Street Elliott Sanitation Equip,Co. Quote Davenport,IA 52806 1245 Dawes Avenue DoteQUOte# Ph:563-391-4840 Lincoln,NE 68521 Ph:402-474-4840 11/4/2020 14482 EQUIPMENT CO. Proposed Shipping Date 4000 SE Beisser Drive 14001 Botts Rd. 4400 E 60th Ave Grimes,IA 50111 Grandview,MO 64030 Commerce City,CO 80022 Terms Ph:515-986-4840 Ph:916-761-4840 Ph:303-853-4840 Due on receipt Fx:515-986-9530 Rep CRS City of Waterloo 625 Glenwood St Waterloo,IA 50703 Here is our quotation on the goods named,subject to the conditions noted: CONDITIONS: The prices and terms on this quotation are not subject to verbal changes or other agreements unless approved in writing by the Nome Office of the Seller. Prices are based on costs and conditions existing on date of quotation and are subject to change by the Seller before final acceptance. All quotations and agreements are contingent upon strikes,accidents,fires,availability of materials and all other causes beyond our control. Typographical and stenographic errors subject to correction.Purchaser agrees to accept either average or shortage not in excess of ten percent to be charged for pro-rata.Purchaser assumes liability for patent and copyright infringement when goods are made to Purchaser's specifications, When quotation specifies material to be furnished by the purchaser,ample allowance must be made for reasonable spoilage and material must be of suitable qualify to facilitate efficient production. Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein which may appear on Purchaser's formal order will not be binding on the Seller. TERMS: Equipment is due on receipt. Cats, Containers,Parts, c$Service are Net 30 unless otherwise noted on your account.Balances over 30 days from date of invoice are subject to finance charges up to 1%%per month. Q!y. item Description Price Total 1 11164E 2020 Peterbilt 520 cab over,Paccar PX-9 380 HP diesel, 267,250.00 267,250,00 Allison 450ORDS-P autornatic,tandem axle,right hand drive,New Way Sidewinder 31 cu yd automated side loader,frame mounted aria with 1,0001b capacity and 12' reach,pre crusher panel,triple camera system with 7" color monitor,work lights,strobe lights. VTN:3 BPDL70X l LF 107186 Body SlN:18760A Discount Demo Unit Discount` —7,000,00 '. =7,000.00 Customers Exempt From Sales'fas 0.00% 0.00 "Adminstrative Fee of$150.00 will be added to all vehicle purchase transactions." Total $260,250.00 TO CONFIRM ORDER,SIGN AND RETURN X Page 16 of 161 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as December 3, 2020 and date of public hearing as December 7, 2020, in conjunction with Demolition Services, Contract No. RD-2020-12-011', located at 115 Sumner Street, and instruct the City Clerk to publish notice. City Council Meeting: 11/16/2020 Prepared: 11/10/2020 ATTACHMENTS: Description Type ❑ RFB RACM Demo Contact# RD-2020-12-01P Backup Material ❑ 115 Sumner St Detailed Report Backup Material Resolution approvingpreliminaryplans, specifications, form of contract, etc., setting date of bid opening as December 3. 2020 and date of public SUBJECT: hearing as December 7, 2020, in conjunction with Demolition Services, Contract No. RD-2020-12-01P, located at 115 Sumner Street, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval 115 Sumner Street was acquired by the City and is in very poor shape and is Summary Statement: unsafe to test and abate for asbestos. It has a partially collapsed roof, and a wall that is starting to collapse. Therefore the structure 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 17 of 161 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos-Containing Materials (RACM)] (RACM) Demolition Contract # RD-2020-12-01 P 115 Sumner Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Page 18 of 161 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 115 Sumner Street All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday December 3, 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-2020-12-01 P, 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-2020-12-01 P— 115 Sumner Street Notice of RFB Date: November 16, 2020 Mandatory Walk Thru Date: 1 p.m. Tuesday November 24, 2020 Deadline for Bid Submittal: Thursday December 3, 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-2020-12-01 P 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(a�-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-2020-12-01 P: 115 Sumner Street Page 2 of 8 Page 19 of 161 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 December 3, 2020, 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-2020-12-02P: 115 Sumner Street Page 3 of 8 Page 20 of 161 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-12-01 P: 115 Sumner Street Page 4 of 8 Page 21 of 161 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". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for three (3) months, anticipated to be from the award of contract starting December 14, 2020 to March 14, 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; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-12-02P: 115 Sumner Street Page 5 of 8 Page 22 of 161 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 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: 115 Sumner Street 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-12-01 P: 115 Sumner Street Page 6 of 8 Page 23 of 161 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 removed in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(RACM)Demolition Contract#RD-2020-12-02P: 115 Sumner Street Page 7 of 8 Page 24 of 161 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-2020-12-01 P: 115 Sumner Street Page 8 of 8 Page 25 of 161 EXHIBIT"A" SIGNATURE PAGE 115 Sumner Street 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. 115 Sumner Street $ 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 9 Page 26 of 161 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. 10 Page 27 of 161 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 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. 11 Page 28 of 161 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 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 12 Page 29 of 161 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 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. 13 Page 30 of 161 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. PART 1A—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; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. 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. 14 Page 31 of 161 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. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 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 15 Page 32 of 161 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 basementless structures and floors, including that of attached garages, are required to be completely removed and shall be broken up and removed as RACK 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. The City cannot provide verification regarding the area of the basement, but the Black Hawk County Assessor's detailed report indicates that 115 Sumner Street has a partial basement that is 1,500 square feet. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. 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. 16 Page 33 of 161 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. 1. 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 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, 17 Page 34 of 161 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 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. 18 Page 35 of 161 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. 2.07 UTILITY DISCONNECTIONS 19 Page 36 of 161 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% Treasure Chewing Fescue 30%Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. 20 Page 37 of 161 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. 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 21 Page 38 of 161 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. 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. 22 Page 39 of 161 Exhibit "C" CONTRACT#RD-2020-11-01P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos Containing Materials (RACM)] 115 Sumner Street This Contract for Demolition and Site Clearance Services (with RACM) (the "Contract") is entered into as of December 14, 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 3 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 Page 40 of 161 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 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; 2 Page 41 of 161 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 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 venture 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. 3 Page 42 of 161 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 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 43 of 161 Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID eed Holder Tax Mail to Address 8913-24-176-011 ITY OF WATERLOO CITY OF WATERLOO TTN: FINANCE DEPARTMENT PDF Map Area ontract Buyer 15 MULBERRY ST No. WATERLOO, IA 50703 17 PDF 13 LAND A-E Property AddressEl urrent Recorded Transfer 115 SUMNER ST ate Drawn Date Filed Recorded Document e WATERLOO, IA 50703 7/2019 1/28/2019 12019 011559 ID SALES BUILDING PERMIT None 1pate lNumber jAmount lReason /18/2005 PA1667 16,690 Ext-Remodel ASSESSED VALUES/CREDITS ear lass 020 Values _ _ E 100% ILand 113welling Building Total pres alue F,730 10 125,040 129,770 � xable Land Dwelling Building otal alue 10 110 110 IP ear IClass 019 JE 100% Land 113welling Building Total Cres alue 730 10 125,040 129,770 IP axable Land Dwellin Buildin otal alue 110 110 10 10 ear Class 018 1C 100% Land Dwelling Buildin Total cres alue F,730 10 125,040 129,770 axabllue e Land Dwellin Buildin otal 257 10 122,536 V6,793 TAX INFORMATION ASSESSMENT YEAR 2019 PAYABLE 2020/2021 ax 940001 -WATERLOO District Gross Value axable Value Levy Rate IGross Tax Net Tax Corp 0 D 0.46092 0.00 0.00 Nocorp 0 5.02441 P0.00 Homestead Property 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 Page 44 of 161 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324176011 11/10/2020 Black Hawk County Detailed Parcel Report Page 2 of 3 ABBREVIATED LEGAL HAMMOND & HOPKINS ADDITION LOT 5 BLK 2 LAND IoBasis Front Rear Side 1 Side 2 of rea cres q. Ft. 60 0 140 140 8400 .193 /Dimension tals: 8400 .193 COMMERCIAL BUILDINGS AND ADDITIONS ype IDescription ear Built jArea Otories Bars and Lounges B1-1S B FR 11912 13026 11 Style Frame-Wood dditional Base Square Feet 3,026 Information Basement Square Feet 1,500 GBA Square Feet 3026 Item uantity Plumbing oilet Room Sink-Kitchen 1 djustmen Item uantit C-deduct 992 Description ize Exterior Wall Vinyl - Frame : LF Interior Wall Panel - Softwood : LF Interior Wall Plaster on Lath : LF Wall Facing Incl. w/Walls : SF Windows Incl. w/ Base : LF of Wall Fronts/Doors Incl. w/ Base : LF Verticals & Basement Excavation, Floor, Li 1500: SF Horizontals Roof Asph. Shingle/Wood Dk 026: SF Ceiling Suspended Blk-Fiber 026: SF/Story Struct. Floor 4" R'Concrete 026: SF Struct. Floor Wd Deck on Wood : SF Floor Cover Asphalt Tile 026: SF Partitions Retail Store Small 026: P/Unit Framing Wood -Average 026: SF HVAC Forced Hot Air 1026: SF YARD EXTRAS Description ear Built Puantity IPlot No. lExtended Description Sign Poles Wood and Steel 1960 11 1 115 LF, 15' Steel, 0 Diameter Entry Status: Estimated Page 45 of 161 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324176011 11/10/2020 Black Hawk County Detailed Parcel Report Page 3 of 3 89 BMS B FR [3026] 34 Date Website Last Updated: 11/06/2020 Page 46 of 161 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324176011 11/10/2020 T Public Alley to, ell r +r- f SUMNER ST N W�E Citic of Waterloo, Iowa S Page 47 of 161 115 Sumner St—RACM Demolition Oct1 at 1-34-58 PM Looking at the front of the building, and along the west wall, which is - leaning out towards the public alley. - t r - ..fig: t t Looking at the west - - wall of the building. 16-L i a Looking inside a broken out front window at a pile of debris, and the partially collapsed roof. Page 48 of 161 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as December 7, 2020 to approve a request of Mark Evert/Evert Homes, LLC, to rezone 0.365 acres from"R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District, to construct a five unit condominium located at 146 Martin Road, and instruct the City Clerk to publish said notice. City Council Meeting: 11/16/2020 Prepared: 11/12/2020 ATTACHMENTS: Description Type ❑ Council Letter Attachments Backup Material Resolution setting date of public hearing as December 7. 2020 to approve a request of Mark Evert/Evert Homes, LLC, to rezone 0.365 acres from"R- SUBJECT: I" One and Two Family Residence District to "R-3,R-P"Planned Multiple Residence District, to construct a five unit condominium located at 146 Martin Road, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval with the condition that the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc. Transmitted herewith is a resolution setting date of public hearing as December 7, 2020 to approve a request of Mark Evert/Evert Homes, LLC to rezone 0.365 acres, from"R-1" One and Two Family Residence to "R- 3,R-P"Planned Multiple Residence District, to construct a five unit condominium, located at 146 Martin Road, and instruct the City Clerk to publish said notice. Attached to this transmittal is a staff report that details the request, maps, site plan and floor plan, application and photographs. One letter of opposition has been turned in, noting concerns of setting Summary Statement: precedence for similar development in the area, not fitting in with the characteristics of the surrounding neighborhood and increased traffic and traffic safety. There was also another nearby property owner at the Planning and Zoning Commission meeting that objected to the request, noting concerns for traffic and parking issues, and concerns on an existing overloaded sewer lift station to the west. The Leisure Services Commission has endorsed the project and a condition of that approval is getting an Indemnity Agreement signed between the Commission and the applicant. Also, the Planning and Zoning Commission unanimously recommended approval of the request at their meeting on November 10, 2020. Expenditure Required: None Page 49 of 161 Source of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. The duplex on the property was built in 1957 has been vacant for several Background Information: years and is in poor shape and redevelopment of the site would have a positive impact on the area. That part of the South Half of the Northwest Quarter(S 1/2 NW 1/4)of Section No. 34, Township[No 89 North, Range No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the intersection of the West line of parcel described in Quit Claim Deed dated 07/17/2020 recorded in File 2021-2052 in the Black Hawk County Recorder's Office and the North line of Martin Road; thence along Legal Descriptions: the West line of said File 2021-2052 North 00°09'/2 East a distance of 186.85 feet to the Northwest corner of said File 2021-2052; thence along the North line of said File 2021-2052 South 88°573/4' East a distance of 60.0 feet to the Northeast corner of said File 2021-2052;thence South 89°04' East a distance of 25.0 feet; thence South 00°09%2 West a distance of 186.9 feet to the North line of said Martin Road; thence along the North line of said Martin Road North 89°04' West a distance of 19.9 feet; thence along the North line of said Martin Road North 88°57'/2 West a distance of 65.1 feet to the point of beginning. Contains 15,885 sq. ft. Page 50 of 161 November 10,2020 REQUEST: Request by Mark Evert/Evert Homes, LLC to rezone 0.365 acres of land from "R-1" One and Two Family Residence District to "R-3,R- P" Planned Multiple Residence District, located at 146 Martin Road. APPLICANT: Mark Evert, PO Box 83, Cedar Falls, IA 50613 OWNER: Jay Bullerman, 100 Martin Road, Waterloo, IA 50701 GENERAL The applicant is requesting to rezone the property to a Planned DESCRIPTION: Residence District to construct a five unit condominium that would be located at 146 Martin Road. IMPACT ON The rezoning request would not appear to have a negative impact NEIGHBORHOOD & upon the surrounding neighborhood. The Zoning Ordinance SURROUNDING requires that there be a total of two parking spaces per dwelling, in LAND USE: which a maximum of 50 percent of the spaces required may be represented by garage spaces. Each dwelling shows a tuck-under two stall garage, however, there are no areas outside the dwellings being delineated for outside parking. There are some concerns with there being no outside parking and if an area is used not designated for parking, it could disrupt the orderly flow of traffic on the property. However, the "R-P" designation does allow flexibility of bulk requirements, including parking regulations VEHICULAR & The property is served by Martin Road from the east and west and PEDESTRIAN is classified as Local Street. West 4t" Street is 600' to the east and TRAFFIC Ansborough Avenue is 1,100' to the west and both area Minor CONDITIONS: Arterial roads. Martin Road is about 25' in width with a 30 mile per hour speed limit and there is no parking on either side of the street in the 100 block according to Ordinance 3277 that was approved on May 16, 1983. RELATIONSHIP TO The Complete Streets Policy is designed to incorporate the simple RECREATIONAL and basic concept that streets and roadways should be designed, TRAIL PLAN AND constructed and operated to be safe and accessible for all COMPLETE STREETS transportation users whether they are pedestrians, bicyclists, transit POLICY: riders, vehicular motorists and trucks. Complete Streets are designed to improve mobility and connectivity, improve health, increase safety, enhance neighborhoods, businesses, institutions, and advance the quality of life for all citizens and visitors. There is no public sidewalk or recreational trails located adjacent to or within the nearby vicinity and redevelopment of the site could be a trigger to require sidewalk on the frontage of the newly redeveloped area. The Complete Streets Advisory Committee reviewed the request and did not recommend requiring sidewalk as there are considerable grade issues that would limit the ability of constructing a sidewalk on the north side of Martin Road. Leisure Services also expressed concerns with the sidewalk along the golf course in this area. It was determined that if sidewalk were constructed it should be on the south side of Martin Road. 146 Martin Rd R1 to R3RP PSg@F5?f6f 161 November 10,2020 ZONING HISTORY The area in question is zoned "R-1" One and Two Family FOR SITE AND Residence District and has been zoned as such since the adoption IMMEDIATE VICINITY: of the Zoning Ordinance in February of 1969. Surrounding land uses and their zoning are as follows: North — Iry Warren Memorial Golf Course, zoned "R-1" One and Two Family Residence District. South — Single-family residences, zoned "R-1" One and Two Family Residence District. East — One single-family dwelling and Iry Warren Memorial Golf Course, zoned "R-1" One and Two Family Residence District. West — Iry Warren Memorial Golf Course, zoned "R-1" One and Two Family Residence District. DEVELOPMENT The area is comprised of mostly single-family housing that was HISTORY: built in the 1940s to the early 1950s and open space (golf course). BUFFERS/ All open parking areas containing four or more spaces shall be SCREENING effectively screened as defined by the Zoning Ordinance on each REQUIRED: side adjoining a residential district. The developer is in the process of creating a landscaping plan and it is recommended that landscaping is placed on the east side of the driveway to help lessen its impact on the house next door. The house next door is owned by the same owner of the property in question. DRAINAGE: The rezoning request would not appear to have a negative impact upon drainage in the area. This the condominium development would be required to submit a storm water detention plan when applying for a building permit. FLOODPLAIN: The property is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. PUBLIC /OPEN Kingsley Elementary School is a '/2 mile to the northeast and Iry SPACES/ SCHOOLS: Warren Memorial Golf Course and Byrnes Park abut the property. UTILITIES: WATER, An 8" sanitary sewer is in Martin Road, but there is no storm sewer SANITARY SEWER, located within the right-of-way. STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities and Public Area, LAND USE PLAN: and the rezone would not be in conformance with this designation and it may be necessary to amend the Future Land Use Map to reflect the residential land use in the future. The Future Land Use Map is used as a guide for Land Use Planning and since there is a duplex on the property, it would not appear to negatively impact the area. 146 Martin Rd R1 to R3RP PScgrf52f6f 161 November 10,2020 STAFF ANALYSIS — The "R-P" District is intended and designed to provide for the ZONING development of tracts of land on a unit basis, allowing greater ORDINANCE: flexibility and diversification of land uses and building locations. The applicant wishes to rezone the property to "R-3,R-P" Planned Residence District to develop a five unit condominium. A site plan, floor plans and elevations have been submitted and they are also requesting approval of the site plan with this rezoning application. The "R-P" District requires an area of not less than two acres to develop a tract of land, however, this property is only 0.365 acres, 1.635 acres below the minimum required. The property is surrounded by the golf course on two sides and a single-family house to the east, which restricts the ability to have a two acre tract. However, the benefit to the "R-P" District is the need for a site plan to be reviewed by the Commission and City Council and having the site plan gives the opportunity to scrutinize the development and ensure it is well designed, compatible and in congruence with the surrounding area. Since this is less than two acres of land, the Board of Adjustment will need to review and approve a variance to this statute. The site plan shows a storm water detention facility on the southwest part of the lot fronting up to Martin Road with the building located north of that. A 20' driveway is shown accessing the units and this would allow for the orderly flow of ingress and egress traffic, but if vehicles were parked there, it could hinder the flow of traffic, which could be an issue since there is no on-street parking allowed in this block. The building has setbacks of 55.8' from the front property line, 10' from the rear and 11' from the west property line. There will be decks on the west side of the building pointing towards the green on the golf course and the edge of those decks will be 1' from the property line and the "R-P" does allow for reduced setbacks if it is deemed to be compatible and not impacting the area in a negative way. The decks will be approximately 30' from the nearby green. The new building has asphalt shingles, vinyl siding on the north, south and east sides and cement board on the west side of the building. The applicant indicated that the cement board is more durable and should not break if hit by a golf ball. The side elevation facing north towards the golf course has one window and no windows on the south elevation facing Martin Road and staff would recommend that additional windows be added to these walls to break up the monotonous appearance. The floorplan on the upper level on the south end of the building shows the living room and one bedroom and it should be looked in adding some more windows in these rooms, along with the bedroom on the north side of the building. Windows could also be added in the garages and recreation rooms on both ends of the building. Having these additional windows would be consistent with housing nearby that 146 Martin Rd R1 to R3RP PS(g@M6f 161 November 10,2020 have a large amount of windows and having monotonous walls would not be in character with the neighborhood. The duplex on the property was built in 1957 has been vacant for several years and is in poor shape and redevelopment of the site would have a positive impact on the area. One letter of opposition has been turned in, noting concerns of setting precedence for similar development in the area, not fitting in with the characteristics of the surrounding neighborhood and increased traffic and traffic safety. The Leisure Services Commission has endorsed the project and a condition of that approval is getting an Indemnity Agreement signed between the Commission and the applicant. STAFF ANALYSIS — SUBDIVISION There is no platting requested with this item. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone 0.36 acres RECOMMENDATION: from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Residence District, located at 146 Martin Road, be approved for the following reasons: 1. The rezoning request would not appear to have a negative impact on the surrounding area, and the proposed residential zoning district would be consistent with residential development in the area. 2. The request would not appear to have a negative impact upon pedestrian or traffic conditions within the surrounding area. 3. The new development would remove a duplex that is in poor condition and have a positive impact on the area. 4. The area is served by all necessary utilities and this is a good infill development project. With the following condition(s): 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc. 146 Martin Rd R1 to R3RP PScgrf54f6f 161 City of Waterloo Planning, Programming and Zoning Commission November 1 2020 ■■■�■ _ � 111111 1= _ _ _ , 111111111111 �" �� III 111111 IIIIIIII 1111 111111 - � 111' II - i•. X11111■ , 111111111111111111111111111111111 _� _• X111 11■11 1111_ 1111111 11111111 1111111 1111111 ■111 ' 1111 1111 _ 1111111 .111111 .111111 _ •111111 . 111111� 11111 '■111 „ I ' 1111111 , 1111111 111111 —111 11 L •, / 1111111 1111111111111 , 111 1111111111= 1111 1111■■ 11111 � 111111 111111■ 11 11111 i \1/% ■1111 �� CHIC - �ii��' 11111111111LL X11111111 � ���I LU Olson Mw LU = ■ 111111 111 ���►��,� � �1 1� � i • 111111 /SII �� I��j�I1►� `�` -. ■ �■11�■■ ■■■• ■ 1111 15 ill �: ■■ X1111111 M INI.r - : ,��i:•. �..■.. • IOWA- ■ - - - - - �� _ � 1I ;SII°����� ♦ II - ��IIIIIIIIIIIII� ��� - mill iii ■� �� �� . MM 146 Martin Road Mar Evert/EvertHomes ��terloo �o Page of • City of Waterloo Planning, Programming and Zoning Commission November 10, 2020 - r 1' 146 Martin Road c Area to be Rezoned, A �,I MARTIN RD r' N 146 Martin Road W E Rezone from "R-i" to "R-3, R-P" s Mark Evert/Evert Homes LLC Page 56 of 161 PROPOSED SITE PLAN-REZONE "R-1 TO R-3, R-P" IRV WARREN MEMORIAL GOLF COURSE CITY OF WATERLOO �� 146 MARTIN ROAD CONDOS QSANITARY SEWER 146 MARTIN ROAD WATERLOO, BLACK HAWK COUNTY, IOWA MANHOLE SEPTEMBER 2020 PROPOSED PROPOSED SANITARY SEWER - _ (TO BE REMOYD'NG EXISTING ROOF DRAIN TILE PROPOSED 2nd STORY DECK (TYPICAL) VICINITY MAP ' ---- -�- __ -----�'--------- ---- ----, _/ �__ — ----- It rc PAR EL , ------ ------- ° �2E 186.85' ---- — �� ��{{0 16„0 – 'SAN ` \ SAS SAN \AN �S SA , SA SA SAN 2811w N ----------- O Q' 1O' 2O' 40' ' _____– ___ _ __________ –— _– – _– ----------- SCALE: 1"=20' 55.1 �– , PROPOSED OUTLET PIPE - �. PROPOSED - --__ ' •'� 18 �� STORM WATERCn 00 00 I i �, \\ DETENTION i �`.0 00 z ° -a, J� `� M IRV WARREN MEMORIAL CC i M o GOLF COURSE CITY OF WATERLOO PROPOSED ROOF ��\I i ; `�\ , r' .' VV __ DRAIN TILEVV )4 /, 55.8' — — 10.0 –��j�-- ----- – ------ _ co ` I l ----------W-- w 36"P� 00 o co o I o 0 � ♦\\/,_---_______yam, I / � -1� — __ I / / m EXISTING CONDITIONS: — IMPERVIOUS AREA: 04,175 SQ. FT. PERVIOUS AREA: 11,710 SQ. FT. S 00° '9Y.;W 186.9' I ; ; C=0.47 I' --- -------- ---X97---EXISTING ' - PROPERTY LINE-- I o �,----------- ---------------- gg___ — _`\\`------ � ,Ni � ;—_ o PROPOSED CONDITIONS: --- ------ IMPERVIOUS AREA: 9,760 SQ. FT. ' / ___--------- — ----------------- i PERVIOUS AREA: 6,125 SQ. FT. PROPOSED PAVEMENT C=0.70 (SHADED PORTION) PROPOSED PROPERTY LINE _J BACK OF CURB PROPOSED PARCEL: 15,885 SQ. FT. GARAGE DESCRIPTION OF PROPOSED PARCEL DECIDUOUS TREE w/SIZE r PROJECT#: 20-188 That part of the South Half of the Northwest Quarter(S 112 NW 114)of Section No.34,Township[No 89 North,Range No. 13 West of the Fifth Principal FILE NAME: 20-188.DWG Meridian in the City of Waterloo,Black Hawk County,Iowa described as follows: SCALE: 1"=20' Beginning at the intersection of the West line of parcel described in Quit Claim Deed dated 07/17/2020 recorded in File 2021-2052 in the Black Hawk DRAWN BY: JPH County Recorder's Office and the North line of Martin Road; TREES IN PROPOSED BUILDING DATED DRAWN: 10-11-2020 thence along the West line of said File 2021-2052 North 00°09'/2 East a distance of 186.85 feet to the Northwest corner of said File 2021-2052; SITE AND PROPOSED PAVEMENT THIS DOES NOT REPRESENT A PLAT OF SURVEY thence along the North line of said File 2021-2052 South 88°573/0'East a distance of 60.0 feet to the Northeast corner of said File 2021-2052; TO BE REMOVED HELLAND ENGINEERING &SURVEYING, LTD. thence South 89°04'East a distance of 25.0 feet; X6109 Chancellor Drive thence South 00°09'/2 West a distance of 186.9 feet to the North line of said Martin Road; Cedar Falls,Iowa 50613-6916 thence along the North line of said Martin Road North 89°04'West a distance of 19.9 feet; (319)-266-0161 thence along the North line of said Martin Road North 88°57'/2 West a distance of 65.1 feet to the point of beginning. 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SINE Nib EOH CODES N+6HLVCTCES. 07-08-2020 REFR°scucrnwn,au Eutaracwrccr. EVERT - 5 PLEX LOWER LEVEL 2120 Main Street 07-15-2020 Nnw rxN ns �e,Nmwswasno Esr�oeuex,rr Eo°N+v woes xExen oa roz Cedar Falls,8 SQ. FT: 430 FINISHED °�°°�"`"°"� 319-266-2668 OFINFSEFENIS. 'Serving the cedar Dalley PER UNIT DRAWN BY:Janean svifh dual/hAvilding Materials' - UNIT # 1 UNIT #2 UNIT #3 UNIT #4 UNIT #5 121'-1" MAY 24W' 24'-G" 24'-0" 24'-tY' 31/i' 31/,° 3%:' 3Y." DECK DECK DECK DECK DECK ABOVE ABOVE ABOVE ABOVE ABOVE T-TITT-u. 9'_5•' T y/" 7'-(Y 9'6" 7'-9,l„ 7,a, q_6, 7,91h" T 0 9'4 -- -—-— — U 5'-d'x 4'-(7' 5'-0"x 4'-D" 5'-G"x 4'9' 5'G x 4'-(Y' 5'-G"x 4'-0" 5'-0"x 4'Z' 5'4D x 4'-(Y' S'-0 x 4'-0 5`-0 x 4'0 5'G x 4'-G 23'1" 23'-l" 23'_1" 23'1" 23'_1" RECREATIONRECREATION RECREATION RECREATION RECREATION ROOM \ R,C30M ROOM ROOM ROOM a d R =r7 LV 7 _ 7._4> 4'_6' 74/2" 7'_4" 7'4/2, 7 4" 4'8" 7'�'/z" T 4" 4'B" T�%' 7.4. 4'-&' 7_3,x= I I , UTILITY a j UTILITY y UTILITY TY UTILITY q UTILI M Z N M n _ t'1 Z Q I 23'-1" 23'_1" 23'-1" 23-1 a ! j. r >: 2 CAR GARAGE 2 CAR GARAGE 2 CAR GARAGE 2 CAR GARAGE 2 CAR GARAGE 3 : I " - F I I i 1 TO 24'-3'/.' 24'-31/.' 24'-3'/.' 24'-3'/.' 12'-0" 24'-0" 24'-9' 24'_0" 24'-U' 24'-0' 121'-1" 9` LOWER LEVEL WALL HEIGHT Page 61 of 161 John, Below is an excerpt from draft minutes of the October 13, 2020 Leisure Services Commission meeting. Paul MARTIN ROAD DEVELOPMENT PLAN The Planning Department has been working with Jeremey Bullerman on a development project which would involve demolishing a duplex and constructing new condominiums on Martin Road adjacent to Iry Warren Golf Course behind#7 green. Staff met with Mr. Bullerman on October 8, 2020 to address concern of stormwater management and liability issues related to the potential of new structures or occupants being struck by golf balls. Development plans were presented and reviewed. Bob Bamsey motioned that the Leisure Services Commission endorse the proposed development of condos along Martin Road subject to the resolution of the indemnity, drainage, liability and all other City related issues relating to the proposed request, second by Tom Powers Ayes: all Noyes: none 8:12am Bob Bamsey,Jeremy Bullerman, Marty Petersen, Noel Anderson left the meeting after discussion of this development plan. Page 62 of 161 October 23, 2020 101 Martin Road Waterloo, IA 50701 City Of Waterloo, Iowa Community Planning and Development 715 Mulberry Street Waterloo, IA 50703-5783 Attn: Tim Andera Ref: Rezoning of 146 Martin Road Dear Mr. Andera, I am unable to attend the meeting scheduled for November 10, 2020 regarding the rezoning of 146 Martin Road, Waterloo, Iowa from R-1 to R-3 R-P. I have lived at 101 Martin Road for 40 years, and have always enjoyed the peacefulness and beauty of the neighborhood. My late husband and I have put much money and effort into the upkeep of our home and surrounding property. I am opposed to rezoning the above-referenced property for multiple living units because of the following: I'm afraid that once you allow the rezoning of one parcel, other parcels in our neighborhood could follow suit. Homes could be bought, knocked down, and rebuilt into multi-plexes. A look at the current zoning map of Waterloo, shows that R-1 neighborhoods have become limited. The residential neighborhoods adjacent to Byrnes Park - primarily to the west and south - play an important role in the history and identity of Waterloo. Intentionally planned as residential to accommodate 1-2 family residences, the area is already surrounded by R-2 and R- 3 development. Allowing a higher-density development within the boundaries of this current R-1 zone, will set a precedent that will likely create challenges in the future, if Waterloo wishes to retain the integrity of the neighborhood. Inserting an "out-of-place" zoning variance in the middle of an R-1 zone further could threaten the integrity of the neighborhood near and around Byrnes Park- much of which includes architecture from an era referred to as "Waterloo's golden years", revealing a bygone time, one that is distinctly Waterloo. Regardless of the quality or design of this modern multi-plex, it would be out-of-place, based on the surrounding development, and an alternative location should be pursued. Page 63 of 161 Rezoning 146 Martin Road Page 2 In addition, increasing the number of cars pulling in and out of a driveway that is already located in a dangerous, somewhat blind spot, is concerning. I have already witnessed many near-misses, and one accident in that location. For what was probably intended as a quiet neighborhood street, Martin Road sees high levels of traffic, often moving at speeds higher that the posted limits, as people cut between Fourth Street and Ansborough. Increasing the density of that property will increase the activity from that driveway, and increase the safety risk. At the very least, a traffic study should be conducted to determine the signage and enforcement required to keep the area safe. Our quiet, calm, peaceful neighborhood would have more pedestrian and vehicle traffic. Since there are no sidewalks along Martin Road, this would also be an increased danger. The footprint of the proposed building would reduce the green-space along Martin Road. I sincerely hope we can preserve the quality and character of this beautiful neighborhood. Thank you for taking my concerns into consideration. Sincerely, Mary Wickstrom Page 64 of 161 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name(please print): _ ZV11L le6l/ ; LU�e� ft7irl� - - Address: 117. e-&e 91 Fax: City: State: Z11 Zip: �p/.�i# �• Email: b. Status of applicant: (a)OwWer 0 (b)Other ELECT ONE): If other explain: pd� � c. Property owner's name if different than above (please print): / i� e_ Address: 2 Phone: �— T Fax: /GI /�7� --,i� ��� - - Sig -z3�-��u City: 4zdzal State: ,s�l� Zip: SU dol Email: Ji^6 J 2. PROPERTY INFORMATION: a. General location of property to be rezoned: b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): 0,�f ze Z' d. Area of Proposed Zoning Boundary(Excluding Right of Way): / e. Current zoning: R -Z Requested zoning: £ Reason(s) for rezoning and proposed use(s) of property: g. Conditions(if any) agreed to: h. Other pertinent information(use reverse side if necessary): - Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request), The filing fee of$300+$10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming,and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The u ersighed authorize City Zoning Officials to enter the property in uestion to the request. !o ee1q 2020 Si at�-re A Date Signat e f 0 n r Date Page 65 of 161 ta b < el lie �Y• ' ; .-:gyp��• . o 5s[; ^ex's P -ice}:. '�• :9 • _ fid.::..... •M'3A•.:�... - CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Huff Contracting Inc., of Waterloo, Iowa, for a total increase of $114, in conjunction with the construction of the Gates Park Golf Course Maintenance Building and authorizing the Mayor to execute said documents. City Council Meeting: 11/16/2020 Prepared: 11/9/2020 ATTACHMENTS: Description Type ❑ Change Order#1 Gates Maintenance Building Backup Material Motion approving Change Order No. 1 with Huff Contracting Inc., of SUBJECT: Waterloo, Iowa, for a total increase of$114, in conjunction with the construction of the Gates Park Golf Course Maintenance Building and authorizing the Mayor to execute said documents. Submitted by: Submitted By:JB Bolger. Golf and Downtown Area Maintenance Manager Recommended Action: Approve Change Order#1 in the amount of$114.00. Summary Statement: This change order covers additional excavation and building pad preparation work that was needed on the site where the new building was constructed. Expenditure Required: $114.00 Source of Funds: Golf Course Improvements Bond Funds Policy Issue: Strategy 4.5 Quality of Place Page 68 of 161 ttt� ,*. -AIA Document G701 TM - 2001 Change Order PROJECT: (Name and address) CHANGE ORDER NUMBER: 01 OWNER❑ Gates Park Maintenance DATE:June 2, 2020 ARCHITECT❑ Building CONTRACTOR❑ TO CONTRACTOR:(Name and address) ARCHITECT'S PROJECT'NUMBER: 2019-0022 FIELD ❑ Huff Contracting Inc. CONTRACT DATE: May 6, 2019 OTHER ❑ 1310 Grandview Waterloo, IA 50703 CONTRACT FOR: Waterloo Leisure Services Cites-o-f Waterloo The Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) The cost of over excavation/pad prep is $114.00 The original(Contract Sum) was $ 279,191 .00 The net change by previously authorized Change Orders $ 0 The(Contract Sum) prior to this Change Order was $ 279,191 .00 The(Contract Sum) will be(increased)( sras }Eushaarge4) by this Change Order in the amount of $ 114.00 The new(Contract Sum) including this Change Order,will be $ 279,305.00 The Contract Time will be( eased}-(decrreasgd) (unchanged)by ( 0 )days. The date of Substantial Completion as of the date of this Change Order,therefore, is June 2, 2020 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor; in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Align Architecture Huff Contracting, Waterloo Leisure Services & Planninq Inc. City of Waterloo ARCHITECT(Firm name) CONTRACTOR(Finn name) OWNER(First name) 327 E. 4th St.Ste. 204 1310 Grandview 715 Mullberry St. Waterloo, IA 50703 Waterloo, TA 50703 Waterloo, IA 50703 ' ADDRESS ADDRESS ADDRESS B gnahrre) ) BY(Signature) Quentin Hart (Mayor) and/or Larry Kurtz Jason Huff Kelly Felchle (City Clerk) (Tjped name) (Typed name) (Typed name) DATE DATE DATE CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document G701Tm—2001.Copyright e01979,1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document, or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible and,rthe law. Purchasers are permitted to reproduce tan(10)copies of this document when completed.To report copyright violations of AIA Contract Dotage,6alof 161 The American Institute of Architects'legal counsol,copyright@aia.org. mov sACo 4 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $1,698.56, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. City Council Meeting: 11/16/2020 Prepared: 11/6/2020 ATTACHMENTS: Description Type ❑ Change Order#5 - 5 Sullivan Bros Penthouse Chiller Backup Material Motion approving Change Order No. 5 with Cardinal Construction, of SUBJECT: Waterloo, Iowa, for a net increase of$1,698.56, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Removal of asbestos in roof flashings. Expenditure Required: $1,698.56 Page 70 of 161 u, Document 07101 - 2011 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:005 Penthouse Chiller for the City of Project No. 19-23141 Waterloo,IA. Date:March 27,2020 Date:November 2,2020 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 3I4 East 4th Street 1246 Martin Road Waterloo,lA 50703 Waterloo,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or rglereTnce specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives) A. CR 05: To remove asbestos in the roof flashings.................................................................Add$1,698.56 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$1,698.56. CONTRACT SUM TO BE INCREASED BY$1,698.56. The original Contract Sum was $ 1,114,000.00 The net change by previously authorized Change Orders $ 22,399.99 The Contract Sum prior to this Change Order was $ 1,136,399.99 The Contract Sum will be increased by this Change Order in the amount of $ 1,698.56 The new Contract Sum including this Change Order will be $ 1,138,098.55 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will he August 7,20X NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Constlutetion Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Cardn1al Construction,Inc. City of Waterloo ARCHITECT(Finn name) C ACTOR(Firm name) OWNER(Firm game) SIGNATURE SIGNATURE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE November 2,2020 11/3/20 DATE DATE DATE AIA Document G701'—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and rnay not he used wilhout permission.This document .� was produced by AIA software at 16:54:14 ET on 11/02/2020 under Order No.8114132283 which expires on 07/1212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADAM) Page 71 of 161 CITY OF WATERLOO Council Communication Snow removal contract for residential/miscellaneous areas for city owned lots generally acquired through Iowa Code 657A. City Council Meeting: 11/16/2020 Prepared: 11/10/2020 ATTACHMENTS: Description Type RFP and Bid Documents for 2020/2021 ❑ Residential/Miscellaneous Areas Snow Removal Backup Material Contract ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. SUBJECT: Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of bid to B & B Lawn Care Inc., of Waterloo, Iowa in the amount of$12.74 per lot/occurrence, approving the contract, bond, and certificate of insurance, in conjunction with the snow removal of residential/miscellaneous area for city owned lots generally acquired through Iowa Code 657A, and authorizingthe e Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson,CommunityPlanning and Development Director Recommended Action: Approval Expenditure Required: To be determined Source of Funds: Nuisance abatement Policy Issue: Property Maintenance The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 215 properties over the last several years using Iowa Code 657A. A majority of the properties where demolished, with some being Background Information: sold with development agreement and rehabilitated, and some still awaiting to be demolished. Lots owned by the City of Waterloo must be maintained, including snow removal. This bid will select a snow removal contractor for the lots. Page 72 of 161 CITY OF WATERLOO, IOWA Community Planning and Development Department Notice of Public Hearing on the Proposed Specifications and the Notice to Public Bidders For the 2020/2021 Residential/Miscellaneous Areas Snow Removal Contract. General Description The City of Waterloo has acquired approximately 215 Residential Properties using Iowa Code 657A. This section of the code allows cities to petition the courts for possession of abandoned and dilapidated Residential or Commercial Properties with intent of either selling the properties for rehabilitation or demolition to remove blighted properties from neighborhoods and provide infill lots for new homes, and other improvements that an adjacent homeowner may wish for. Annually,the city sends out Requests for Proposal for snow removal of city owned lots and miscellaneous areas. The bidder shall bid per unit price(per lot/per occurrence price)for all city owned lots.All bidders should know that the list of properties fluxgates as the city is continually acquiring and selling properties. SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 215 Residential and miscellaneous lots in accordance with bid specifications. Assigned areas shall have snow removed each time there is a snow event of at least 1 inch,which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the side walk be cleared along the full width of each property(lot) down to the pavement.A good-faith attempt will need to be made to clear down to the pavement. In the event that it is impossible,because of ice or other hazard,then sand or other abrasive material, (such as Ice Melt or another approved product)may be used so pedestrian traffic is safe;particularly along school routes. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, November 12, 2020, until 1:00 P.M., for the 2020/2021 Snow removal season, as described in the plans and specifications now on file in the City Clerk's office and the Planning and Zoning Department. OPENING OF BIDS All proposals received for the 2020/2021 Snow Removal will be opened in the First Floor Conference Room in the City of Waterloo City Hall, 715 Mulberry Street,Waterloo,Iowa, on Thursday,November 19,2020,at 1:00 p.m. After the opening of bids the proposals will be referred to the Planning and Zoning Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2020/2021 Residential Lots Snow Removal at the City Council Meeting, Monday November 16,2020.The hearing will be held in the City Council Chambers on the second floor of Waterloo City Hall. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street,Waterloo,Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately November 16, 2020 through June 30, 2021. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department with the exception that the required list of adequate equipment available for the proposed project may be submitted as a separate attachment. The bidder shall bid per unit price(per lot/per occurrence price)for all city owned lots and miscellaneous areas. Page 73 of 161 BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the snow removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in this RFP and is most advantageous to the City, and the Planning and Zoning Department price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Planning and Zoning Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Clerks office and City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of snow events 1" or more removed from properties that snow removal occurred during the previous month. A detailed bill of completed work must be received and approved by the Planning and Zoning Department for snow removal located at 715 Mulberry St.,Waterloo,Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times sidewalks were cleared at each property each month • When salt/sand is used the following shall be provided: o Pounds/tons used including rate per Tons/pounds o Property address(s) or general description(s) of where it was used o Number of applications applied per month Published by order of the City Council of said City of Waterloo, Iowa, on the day of 52020 City of Waterloo,Iowa, Kelley Felchle, City Clerk Page 74 of 161 CITY OF WATERLOO, IOWA Community Planning and Development Department INSTRUCTION TO BIDDERS I.EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals must be requested in writing via email,letter, fax or telegram, and with sufficient time allowed for a reply to reach all bidders before submission of their bids. Any interpretation or changes made to the RFP will be in the form of an addendum of the Request for Proposals and will be furnished to all prospective bidders. All prospective bidders will receive email notifications of any addendums by the Project Manager. All bidders must acknowledge in the space provided on the Bid Form or by email, fax, letter or telegram acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m.bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. II.PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed,prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents.No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws,municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III.LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids-(Thursday,November 12,2020,at 1:00 p.m.)will not be considered.However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City,will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid,a Non-Collusion Affidavit in the form herein provided,to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor,if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided,to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract,the successful bidder shall submit the name of any proposed subcontractor for approval by the City. Page 75 of 161 VI.MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance Officer is Rudy D. Jones,Director of Community Development, located at: 620 Mulberry Street Suite 202,Waterloo,Iowa 50703, (319)291-4429 VII.EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials,bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to,businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall,upon request of the Planning and Zoning Department submit on the form furnished a statement of the Bidder's qualifications,his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested,a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX.EXECUTION OF AGREEMENT,BOND,AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten(10)days after the prescribed forms are presented for signature,the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City,may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents,the successful bidder shall,within the period specified in paragraph"A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms,or corporations to whom the contractor may become legally indebted for labor,materials,tools,equipment, or services of any nature including utility and transportation services, employed or used by it in performing the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall,within the period specified in paragraph"A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten(10) days after the prescribed forms are presented for signature, or within such extended period as the City,may grant,based upon reasons determined sufficient by the City,may either award the contract to the next lowest responsible bidder or re- advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising,the defaulting bidder shall have no claim against the City of Waterloo, or Planning and Zoning Department for a refund. Page 76 of 161 CITY OF WATERLOO,IOWA Community Planning and Development Department GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents,these terms shall be defined as follows: Contract-means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency(LPA) -means the Planning and Zoning Department of the City of Waterloo. Contractor-means the person, firm or corporation entering into the Contract with the City of Waterloo,to maintain properties as described in the Specifications provided. Contract Documents -means and shall include the following: Executed Contract or Agreement,Addenda(if any), Invitation for Bids,Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and(Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work,the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo,on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors,by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract.The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security,both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work,materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets,curbs,pavements, structures,and utilities except those which are to be replaced or removed.Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. Page 77 of 161 General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed.No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives,parking areas,trees, shrubs,or turf areas outside the limits of the project. If disturbed,these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request,the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws,ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability,Worker's Compensation,Automobile,Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary,non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder,the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability (Except automobile) $1,000,000 each occurrence Property Damage Liability (Except automobile) $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Excess Liability $5,000,000 Automobile Property Damage Liability $1,000,000 each occurrence Page 78 of 161 CITY OF WATERLOO, IOWA Community Planning and Development Department Bid Specifications for Residential/Miscellaneous Areas Snow Removal Contract 2020-2021 Beginning(November 16,2020-June 30,2021) SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 215 Residential and miscellaneous lots in accordance with bid specifications. Assigned areas shall have snow removed each time there is a snow event of at least 1 inch,which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the side walk be cleared along the full width of each property(lot)down to the pavement. A good-faith attempt will need to be made to clear down to the pavement. In the event that it is impossible,because of ice or other hazard,then sand or other abrasive material, (such as Ice Melt or another approved product)may be used so pedestrian traffic is safe;particularly along school routes. All bidders should know that the list of properties fluxgates as the city is continually acquiring and selling properties. PROPERTY SNOW REMOVAL Assigned areas shall have snow removed each time there is a snow event of at least 1 inch,which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the side walk be cleared along the full width of each property(lot)down to the pavement. A good-faith attempt will need to be made to clear down to the pavement. In the event that it is impossible,because of ice or other hazard,then sand or other abrasive material, (such as Ice Melt or another approved product)may be used so pedestrian traffic is safe;particularly along school routes. Only use sand/ice melt in amounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand,use only amounts necessary to make sidewalks safe. All work must comply with the City of Waterloo Codes&Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City. SITE CLEAN-UP Prior to each snow removal the Contractor shall remove all trash and debris including paper,branches,rocks, and other portable objects.All trash and debris shall be legally disposed of,off site,at no additional expense to the Planning and Zoning Department.Additionally,the contractor shall be responsible for cleaning up and repairing all damage created by snowplow&snow removal operations. This includes adding soil and seeding damaged areas as needed. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs,pavements, structures, signs,mailboxes, fences, benches,utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. At no time shall any snow removal equipment come in contact with any privately owned tree or shrub during snow removal.Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this snow removal contract.A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of snow removal equipment required for this contract: Walk-behind snow blowers Riding snow blowers Pick-up truck and/or tractor with snow blade Salt&sand applicator Shovels Page 79 of 161 CITY OF WATERLOO, IOWA Community Planning and Development Department 2020/2021 Residential/Miscellaneous Areas Snow Removal Project BID FORM BIDDER: COMPANY NAME Proj ect Manager: PROJECT MANAGER NAME ADDRESS: PHONE: () 1. The undersigned,being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of ,or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for approximately 215 Properties dollars (S ) Written Price Per Lot/Occurrence: 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid,the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option,all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty(30) days after Bid Opening,of at any time thereafter before this bid is withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten(10)days after the agreement is presented for signature, and start work within ten(10) days after"Notice to Proceed"is issued. 4. Security in the sum of dollars($ ) in the form of ,is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non-Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. Page 80 of 161 7. The Prime Contractor and Subcontractor(s),which have performed an aggregate of$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,within ten(10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: 9. The Bidder shall list the MBE/WBE subcontractors,amount of subcontracts and bid items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s)to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non-collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted as a separate attachment. 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none"or"NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives,delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: Name and Title Page 81 of 161 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 20 ,for NOW,THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority,the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety,for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D. 201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact Page 82 of 161 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1. He is(Owner), (Partner), (Officer), (Representative), or(Agent)of ,the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers,partners,owners, agents,representatives, employees, or parties in interest, including this affiant,has in any way colluded, conspired, connived or agreed, directly or indirectly,with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo,Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives, owners, employees, or parties in interest,including this affiant. Signature Title S a ,t&wory,to- e/mel thus- ------- da-y of-------------------------- 2020. ---------------------------------- ------------------------------------- S 4rtauwei TU-1ei My "pw'es--------------------------------- Page 83 of 161 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) being first duly sworn,deposes and says that: 1. He is(Owner), (Partner), (Officer), (Representative), or(Agent)of hereinafter referred to as the"Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2020/2021 Residential/Miscellaneous Areas Snow Removal in Waterloo,Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers,partners, owners, agents,representatives,employees, or parties in interest, including this affiant,has in any way colluded, conspired, connived or agreed, directly or indirectly,with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner,directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead,profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo,Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents,representatives,owners, employees, or parties in interest, including this affiant. Signature Title S ub-s-c d� ,e L a n&s-w vn/to b-e argil me,tht4- ----- dcty of ------------------------- 2020. ------------------------------------ ----------------------------------- S 4rwi ti urei T Luer My ely-,�vela--------------------------------- Page 84 of 161 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors,vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00)annually agree as follows: 1. The contractor, subcontractor,vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex,national origin, economic status,age,mental or physical handicap,political opinions or affiliations. The contractor, subcontractor,vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race,creed,color, sex,national origin,religion, economic status, age,mental or physical disability,political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor,vendor and supplier of goods and services will,in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex,national origin,religion, economic status,age,mental or physical disabilities,political opinion or affiliations. 3. The contractor, subcontractor,vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor,vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies,procedures,patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor,vendor and supplier will permit access to his/her employment books,records and accounts to the City's Affirmative Action Officer,for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations and orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor,vendor and supplier of goods and services will include,or incorporate by reference,the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules,regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. Page 85 of 161 8. We,the undersigned,recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race,creed, color, sex,national origin,economic status, age,mental or physical disabilities. Signed: Appropriate Official Title Date Page 86 of 161 CITY OF WATERLOO, IOWA Community Planning and Development Department 2020/2021 Residential/Miscellaneous Areas Snow Removal REQUEST FOR PROPOSALS The City of Waterloo is soliciting proposals to provide equipment and labor for snow removal from City of Waterloo properties (the "Services") on an per occurrence basis (1" snow event and above). All proposals shall include a complete price quote. Conditions governing the Services are contained in Exhibit"A", the proposed form of Contract, attached to this RFP and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped)by Thursday,November 12, 2019 at 1:00 p.m. Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals 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 RFP FOR 2020/2021 RESIDENTIAL/MISCELLANEOUS AREAS SNOW REMOVAL," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. Proposals will be opened on Thursday,November 12, 2020 at 1:00 p.m. Central Time in the City Clerk's office at City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the awarded proposal(s). B. SCOPE OF SERVICES Services to be performed by the successful respondent(the "Contractor") for the City will be those described in the form of Contract attached hereto as Exhibit"A" and the Specifications, which generally include but are not limited to removing snow and ice from properties on an as-needed basis. C. REQUIRED INFORMATION: 1. See the Waterloo Planning Department bid form. All bids must be submitted on said bid form. 2. Important Exceptions to Contract Documents—The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. Page 87 of 161 3. Incomplete Information—Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non-responsiveness. D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price,prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty(60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an"all or none"proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit"A". 7. In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, November 12, 2020. E. MISCELLANEOUS 1. Questions regarding will be directed to Chris Western in the Planning and Zoning Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 88 of 161 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE,WORDS USED INTERCHANGEABLY—The word 9. MODIFICATION,ADDENDA&INTERPRETATIONS-Any CITY refers to the CITY OF WATERLOO, IOWA throughout these apparent inconsistencies,or any matter requiring explanation or Instructions and Terms and Conditions.Similarly, PROPOSER interpretation,must be inquired into by the Proposer in writing at refers to the person or company submitting an offer to sell its least 72 hours(excluding weekends and holidays)prior to the goods or services to the CITY,and CONTRACTOR refers to the time set for the Proposal opening.Any and all such interpretations successful bidder. or modifications will be in the form of written addenda.All addenda shall become part of the contract documents and shall 2. PROPOSER QUALIFICATIONS-No Proposal shall be accepted be acknowledged and dated on the signature page. from,and no contract will be awarded to,any person,firm or corporation that is in arrears to the City upon debt or contract,that 10. LAWS AND REGULATIONS-All applicable State of Iowa and is a defaulter,as surety or otherwise,upon any obligation to the federal laws,ordinances, licenses and regulations of a City,or that is deemed irresponsible or unreliable by the City. If governmental body having jurisdiction shall apply to the award requested, Proposers shall be required to submit satisfactory throughout as the case may be,and are incorporated herein by evidence that they have a practical knowledge of the particular reference. supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as 11. SUBCONTRACTING-No portion of this Proposal may be described in this Request for Proposal. subcontracted without the prior written approval by the City. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER-Any 12. ELECTRONIC SUBMITTAL-Telegraphic and/or proposal offers deviation from this specification MUST be noted in detail,and sent by electronic devices(e.g.facsimile machines)are not submitted in writing in the Proposal.Completed specifications acceptable and will be rejected upon receipt. Proposers will be should be attached for any substitutions offered,or when expected to allow adequate time for delivery of their proposal amplifications are desirable or necessary.The absence of the either by airfreight, postal service,or other means. specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the 13. CANCELLATION-Either party may cancel the contract in the specifications as written herein. Failure to submit this document of event that a petition,either voluntary or involuntary, is filed to specification deviation,if applicable,shall be grounds for rejection declare the other party bankrupt or insolvent or in the event that of the item when offered for delivery. If specifications or such party makes an assignment for the benefit of creditors. descriptive papers are submitted with Proposals,the Proposer's name should be clearly shown on each document. 14. ASSIGNMENT-Proposer shall not assign the contract or any monies to become due thereunder without the prior written 4. SPECIFICATION CHANGES,ADDITIONS AND DELETIONS- consent of the City.Any assignment or attempt at assignment All changes in Proposal documents shall be through written made without such consent of the City shall be void. addendum.Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 15. TAXES-The City of Waterloo is exempt from sales tax and certain other use taxes.Any charges for taxes from which the City 5. PROPOSAL CHANGES-Proposals,amendments thereto,or is exempt will be deducted from invoices before payment is made. withdrawal requests received after the time advertised for Proposal opening,will be void regardless of when they were 16. PROPOSAL INFORMATION IS PUBLIC—All documents mailed. submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22,which is 6. HOLD HARMLESS AGREEMENT-The Contractor agrees to otherwise known as the"Iowa Open Records Law". By submitting protect,defend, indemnify and hold harmless the City of any document to the City of Waterloo in connection with a Waterloo, its officials,officers,employees and agents,from and proposal,the submitting party recognizes this and waives any against any and all claims and damages of every kind and nature claim against the City of Waterloo and any of its officials,officers made, rendered or incurred by or in behalf of every person or and employees relating to the release of any document or company whatsoever,including the parties hereto and their information submitted. employees,that may arise,occur,or grow out of any acts, actions,work or other activity done by the Contractor,its Each submitting party shall hold the City of Waterloo and its employees,subcontractors or any independent contractors officials,officers and employees harmless from any claims arising working under the direction of either the Contractor or from the release of any document or information made available subcontractor in the performance of the contract. to the City of Waterloo arising from any proposal opportunity. 7. PROPOSAL CURRENCY/LANGUAGE-All proposal prices shall be shown in US Dollars($).All prices must remain firm for the duration of the contract regardless of the exchange rate.All proposal responses must be submitted in English. 8. PAYMENTS-Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. Page 89 of 161 EXHIBIT A CITY OF WATERLOO, IOWA 2020/2021 Residential/Miscellaneous Areas Snow Removal CONTRACT PROVISIONS This Contract for Snow removal(the"Contract") is made and entered into on November 16,2020,by and between the City of Waterloo, Iowa(the"City"),and (the"Contractor"). The term of the Contract shall be from November 16, 2020 through June 30,2021. 1. The Contractor shall furnish all supervision,technical personnel, labor,materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid f. General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents,the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within twenty-four(24)hours after the City issues a"Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) Contractors will abide by ordinance section 7-1-2(B)(1). Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor. b) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation,the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. c) During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a mixture of both. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys,keeping open passageways for water and traffic,and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. 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 performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. 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 Page 90 of 161 repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work,but the work is delayed by the City,the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights,may allow for partial payment for the work included on an invoice for which all services have been delivered or accepted. 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. 9. hi 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,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven(7)days' advance written notice. In the event of termination,the Contractor shall be compensated for all necessary services performed through the termination date. 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. 10. In addition to paragraph 9 above,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 without cause by delivering to Contractor twenty-one (2 1) days' advance written notice of termination. 11. Contractor may not assign,delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing snow removal,the Contractor must notify the City of Waterloo at least two (2)weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States Post Office registered or certified mail,postage prepaid and addressed: City Contractor City of Waterloo,Iowa 715 Mulberry St. Waterloo,Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person, or(ii)three (3)business days following the date of deposit if mailed as stated above. Page 91 of 161 14. Nothing in this Contract shall,or shall be deemed or construed to, create or constitute any joint venture,partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal,or unenforceable,whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. 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 by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor as set forth on Exhibit"A"attached hereto. 19. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. during the term of this Contract. IN WITNESS WHEREOF,the parties have executed this Contract for Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA CONTRACTOR Quentin Hart-Mayor Name of Company By: Kelly Felchle-City Clerk Title: Page 92 of 161 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation,where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so,where and why? 9. Have you ever defaulted on a contract? If so,where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each,and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization,including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you,upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo,Iowa? 17. The undersigned hereby authorizes and requests any person,firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated this day of , 20 Name of Bidder By: Title: Page 93 of 161 State of ) ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this_day of ,20 Notary Public My commission expires 520 . Page 94 of 161 SNOW REMOVAL ON CITY-OWNED LOTS Bid Tab: November 12, 2020 Estimate: TBD Bidder Bid Security Total Bid Amount B&B Lawn Care, Inc. 5% check $12.74 per lot/occurance Waterloo, IA Page 95 of 161 CITY OF WATERLOO Council Communication Resolution approving an application to the Black Hawk County Gaming Association in the amount of$20,000 for the Waterloo Aquatics Master Plan. City Council Meeting: 11/16/2020 Prepared: 11/5/2020 ATTACHMENTS: Description Type ❑ plan proposal Backup Material Resolution approving an application to the Black Hawk County Gaming SUBJECT: Association in the amount of$20.000 for the Waterloo Aquatics Master P Ian. Submitted by: Submitted By:Paul Huting, Leisure Services Director This is to authorize the submission of a grant request to BHCGA for $20,000 for the Waterloo Aquatics Master Plan Study to be done by Ballard Recommended Action: King and Associates. This study is needed to assess Waterloo's aquatic needs and to gather public input. Pools at Gates and Byrnes parks are beyond their life expectancy. This study is needed to assess Waterloo's aquatic needs and to gather public input. Pools at Gates and Byrnes parks are beyond their life expectancy. Summary Statement: The plan would include a Market Assessment, Public Outreach, Facility Evaluations, Current Usage Evaluation and Future Usage Estimates, Programming Recommendation, Operations Plans, and a Comprehensive Final Report. Expenditure Required: $25,755.00 in City match will be required. Source of Funds: General Obligation bond funding is available in the current Capital Improvements Fund. This action supports the City of Waterloo Strategic Plan Strategy 1.7 "Seek Policy Issue: ways to create a live, learn, work, and play environment that attracts and retains population in Waterloo". Background Information: This study is needed to assess Waterloo's aquatic needs and to gather public input. Pools at Gates and Byrnes parks are beyond their life expectancy. Page 96 of 161 September 11, 2020 WATER TECHNOLOGY 1 N B ILIA RT) ICING & ASSOCIATES LTD Page 97 of 161 BALLARD *KING & ASSOCIATES LTD Recreation Facility Planning and Operation Consultants September 11,2020 Matt Gallagher Recreation Director City of Waterloo Dear Matt, Ballard*King&Associates (B*K) and our strategic partner Water Technology Inc (WTI) are pleased to submit our proposal to complete an Aquatic Master Plan for the City of Waterloo. B*K has been in business since 1992 and during that time have completed over 700 projects in all 50 states. Those projects can be classified into 4 broad categories; feasibility studies, master plans, operational assessments, and short-term management solutions. In addition to the wealth of consulting experience B*K brings to this project, as a firm we have over 60 years of in-field operational experience. As the project manager I have personally managed pools in the public, private, and university settings and completed aquatic studies for numerous clients. The benefit of hiring B*K leading the master planning process, is that we are paid to provide each client with unbiased third-party analysis. We receive no financial benefit if a facility moves forward to construction. This independence allow us to guide each client using data and public input through the decision-making process. This, combined with our operational experience, allows us to share information with clients that they need to hear prior to making decisions. A portion of this study will task B*K with making facility recommendations, a task that we have years of experience in completing with aquatic facilities. However, to evaluation the current aquatic facilities, verify our program recommendations and provide costing information, B*K has engaged our strategic partner WTI to complete those tasks. WTI and B*K have worked together on multiple projects and presented together at national conferences. The value for the client is that we are able to anticipate one another's questions and information needs. This results in seamless communication throughout the project. It is my belief that the team of Ballard*King and Water Technology can complete an Aquatic Master Plan in a timely and efficient manner. We look forward to further discussing your unique project and the opportunity to partner with you to move you forward! Respectfully, Darin Barr,Principal Project Manager (573) 673-6597 darin@ballardking.com -- - --- - - - Page 98 of 161 TABLE OF CONTENTS B*K&WTI Team Advantage.................................... Page 1 B*K Firm Profile................................................... Page 2 B*K Consultant Resumes Jeff King................................................... Page 3 Darin Barr................................................. Page 4 WTI Firm Profile...................................................Page 5 WTI Consultant Resumes Matt Freeby................................................Page 6 Scope of Services...................................................Page 7 Fee Proposal & Timeline...........................................Page 12 • I -00 ` Ls Page 99 of 161 BALLARD*KING V4/ T/ b & ASSOCIATES LTD IZ Recreation Planning and Operations Consultants W A T E R T E C H N O L O G Y I N C. The team of B*K and WTI is prepared to work with the City of Waterloo to complete an Aquatics Master Plan. Our team has the experience and knowledge to assist you with the tasks outlined in the scope of services in a timely and efficient manner. We will provide you with the vital information that is needed to make an informed decision about this important project. The Team offers the flexibility and organization to adjust our scope of work to the changing demands of our clients as well as limited time constraints. We recognize that each project is unique and our approach to evaluation and analysis is customized to target the client's individual needs. This approach, coupled with our attention to detail and vast experience as aquatic facility operators, will ensure that your best interests are being fully represented. We believe strongly that analysis and evaluation such as this provides the foundation for future decisions about a project. The final written report will be presented in a concise, easy to read, understandable manner that meets your outlined goals and expectations. B*K and WTI will bring to this project: * Our vast planning, managerial and operational experience with recreation and aquatic facilities, from conception through operation. * Our direct experience as facility managers and subsequent programs and services to the public. * Our knowledge and understanding of aquatic and recreation trends and operation considerations from both a National and Midwest perspective. * Our knowledge of the public participation process and experience in facilitating this process. * Our experience working together on similar projects. * The ability to assess operations expenses and revenues for aquatic facilities and their associated amenities. * Our experience in verifying square footage recommendations and forecasting both construction and project costs. * Our strong commitment to representing the client's best interests in all projects through proven,practical experience in providing independent third party financial analysis. * Our ability to be involved with a project from inception through opening and operation. Page 1 Page 100 of 161 1 & ASSOCIATES LTD Ballard*King & Associates, Ltd (B*K) was established in 1992 by Ken Ballard and Jeff King in response to the need for market-driven and reality-based recreation planning. B*K has achieved over 28 years of success by realizing that each client's needs are specific and unique. With over 60 combined years of facility management and planning experience in the collegiate, public, non-profit and private sector, our consulting firm has completed over 700 projects in 50 states and has working relationships with more than 100 architects coast-to-coast. B*K is also honored to be the recipient of five Athletic Business Facility of Merit Awards. B*K forms a consulting team that provides a variety of pre-design services for clients who are considering the completion of an aquatics master plan. Our vast practical experience enables us to guide clients through the challenges of planning, constructing, opening and operating an aquatic facility. From pinpointing specifics to broad visions, B*K provides services to ensure the long-term success of your project. B*K has built our reputation on telling clients what they need to hear in order to make sound decisions. B*K' services can be integrated into a design team or contracted independently. Our core services can be defined as feasibility studies, master plans, operational assessments and short- terms management solutions. A cornerstone of our practice is the completion of feasibility studies for facilities of all types with recreation centers and aquatic centers representing the vast majority of the projects we've worked on. By bringing practical, proven experience to a project we can accurately represent the client's best interests. B*K has a keen awareness of the impact an aquatic, park, sports, or recreational facility has on a community and subsequently the entity that operates it. Thanks to our extensive field experience we are able to provide assistance with practical tools, an uncommon ability to see the overlooked and view your project from a wealth of expertise and knowledge. Teamwork is a core aspect of our firm. We work together ensuring all clients are receiving the wealth of knowledge our B*K team brings. The success of any project begins with an integrated, mutually valued approach to the individual needs and goals of each client. Thus, we team with you and for you. First and foremost to B*K is our reputation of being a company of strong ethical character. Our top concern is our client's best interests and our approach is always honest and down-to-earth. We aim to help each client see the full potential of their project by providing trustworthy services to achieve their goal. Let us help you move forward! Page 2 Page 101 of 161 BALLARD*KING & ASSOCIATES LTD Recreation Facility Planning and Operation Consultants Jeff King, Principal Principal in Charge As a founding partner of Ballard*King & Associates, Jeff has over 41 30 years experience in recreation facility operation and planning. Jeff has provided consulting services to more than 200 communities who have benefited from his extensive background in recreation center planning and management. Jeff's expertise comes from a vast array of experience and projects. r Jeff's management and project experience includes facility Iplanning and construction, facility renovation, grand opening celebrations, economic impact studies, energy conservation systems, preventative maintenance programs, staffing, budgeting, marketing, cost accounting and program-ming. In addition, he has performed park and recreation master plans as well as audits. As the former Recreation Director for the City of St. Peters, MO, he was responsible for start- up and operations of Rec-Plex. Rec-Plex, a 140,000 square foot recreation center with a 50- meter competitive pool, ten-meter diving tower, leisure pool, gymnasium, track, rock climbing wall, weight room, aerobics room, ice skating rinks (2), skate board park and food service that opened in July 1994. Rec-Plex was the host site for all aquatic events for the 1994 Olympic Sports festival. Prior to this, he was the Facility Manager for the Edora Pool Ice Center (EPIC) in Fort Collins, CO, where he was responsible for its start-up, operations and administration for 7 years. EPIC received the 1987 "Facility of Merit" award from Athletic Business Magazine for design and operation excellence. He also served as the City of Fort Collins' Aquatic Director and team leader and facilitator for the City of Fort Collins Quality Improvement Program. Education: Lindendwood University-BA Business Administration Certified Pool Operator Professional Affiliations Ice Skating Institute of America Missouri Parks &Recreation Association National Recreation&Park Association Colorado Parks &Recreation Association Page 3 Page 102 of 161 BALLARD*KING & ASSOCIATES LTD Recreation Facility Planning and Operation Consultants Darin Barr, Principal Project Manager Darin began his work with Ballard*King & Associates in 2007. During his time with B*K, Darin has competed feasibility studies, master plans, operational assessments and provided short term management solutions to several clients. Prior to joining B*K he ,lX worked for 10 years in the recreation field. His in-field experience included working for a university, town recreation department, private waterpark, and municipal recreation center. Darin's passion has always been in recreation, and more specifically, aquatics. He began participating in recreation programs at a very young age. He found his competitive passion when he began swimming, which he competed in through high school and college. Upon graduating from the University of Missouri with a Parks and Recreation degree he found himself at the pool, only this time as a manager. As an adult he has continued to use parks, recreation, and sports facilities as a participant and as a spectator of his two sons. The diversity of Darin's experiences as a parks and recreation professional and as a consultant has shaped his unique perspective on the delivery of programs, facilities, and the operations of a full-service aquatic facilities. Darin's honest approach, attention to detail, and depth of knowledge give client's comprehensive insight to help guide them through their project. Education: State University of New York, Brockport—Masters in Public Administration University of Missouri—BS Parks, Recreation& Tourism Professional Affiliations National Intramural Recreational Sports Association New York State Parks & Recreation Society Missouri Park&Recreation Association University of Missouri—Adjunct Faculty Recent Aquatic Projects: Bellevue Aquatic Center Feasibility Study, Bellevue, WA Davis School District Aquatic Center Operational Study, Davis, CA University of Rhode Island Tootel Aquatic Center Feasibility Study, Warwick, RI Page 4 Page 103 of 161 WATER TECHNOLOGY , INC " Firm Overview The WTI team is a highly qualified group of individuals comprised of creative architects, landscape architects, engineers, designers, business developers and administrators, all with a passion for aquatics. Together, we combine our . . talents to develop original, aquatic facilities from concept to reality. In addition, WTI maintains solid relationships with other consultants and contractors and r continues to set the standards in the aquatic industry across the United States s and around the world. ,4 1 PHILOSOPHY Water Technology, Inc.'s (WTI) creative energy and passion embraces the r _ _/ philosophy that aquatic recreation completes communities and makes them a y better place to live. COMPANY DETAILS • Established in 1983 • Largest Aquatic Design Firm in North America, Staff of 60+ q • Quality Control Implementation • Collaborative Team Process • International Portfolio y Specialized Aquatic Professionals on Staff- • Executive Team (5) • Project Development(4) • Architects (4) Landscape Architects (2) • Engineers(6) • - Civil (2), Mechanical (3), Structural (1) _ . Artistic 1 Creative Design (3) • Site Planners 1 Designers(3) • Technical Designers (7) • Mechanical Designers (6) • Project Managers (8) • Administrative (7) WTI ADVANTAGES Solution driven planning and philosophy - Two-way sharing process between WTI and client Forward-looking designs that support dynamic community programs �.._ • 150+ AQUATIC Projects Per Year _. - Historical database of cost estimates and realistic timelines EXTENSIVE PORTFOLIO OF PROJECTS OF VARYING VENUES - Waterparks • Therapy and Wellness Pools - Resort and Hotel Pools • Schools and Universities • Competition Pools • Faith Based Community Centers • Water Playgrounds • Public Facilities k r� Locations € -= HEADQUARTERS TEXAS 100 Park Avenue 6636 N Riverside Dr., • Beaver Dam, WI 53916 Ste 500B T. 920.887.7375 Fort Worth, TX 76137 T. 682.708.7007 WWW.WTIVVORLD.CQM - Page 5 Page 104 of 161 MATT FREEBY , AIA , LEED AP , NCARB Project Director Matthew Freeby has a breadth of experience in the design and construction of numerous building types and structures; with overall responsibility for large project development, he has handled projects ranging from $1 million to $100 million. His project experience ranges from conceptual planning to construction management. Matt is relied upon to define project scope, goals and deliverables that support WTI's business goals in collaboration with senior management. He helps to determine and assess need for additional staff and/or consultants and make the appropriate recruitments if necessary during project cycle. A registered Architect in 22 states and a NSPF Certified Pool/Spa Operator, Mr. Freeby is a LEED Accredited Professional with an advanced depth of knowledge in green building practices and sustainable aquatic design and operations. Matt's attention to detail and persistent pursuit of excellence provides the industry benchmark in aquatic design. FEATURED PROJECTS Westport Weston Family Y-Westport, CT Linn-Mar Community School District- Marion, IA �. David E.G. and Patricia Miller Natatorium at Luther College - Decorah, IA LeMars YMCA & Recreation Facility- Le Mars, IA I B.R. Ryall YMCA- Glen Ellyn, IL EDUCATION Northwestern University Norris Aquatic Center- Evanston, IL Master's Degree, Architecture Niles North High School - Skokie, IL Washington University Mundelein High School Competition Pool Replacement - Mundelein, IL 5t. Louis, Missouri Ping Tom Park Recreation Center- Chicago, IL Gienbrook North High School - Northbrook, IL Master's Degree, Civil Engineering, Glenbrook South High School - Glenview, IL Construction Management Orland Park Aquatic Center/Centennial Park- Orland Park, IL (1996 , 1998) Washington University Ray &Joan Kroc Corps Community Center- Quincy, IL 5t. Louis, Missouri Gwendolyn Brooks College Preparatory Academy- Chicago, IL Bachelor of Arts, Architecture Greater Decatur YMCA- Decatur, IL Prophetstown State Park Family Aquatic Center- Battleground, IN Washington University Deep River Waterpark - Crown Paint, IN 5t. Louis, Missouri Boll Family YMCA- Detroit, MI REGISTRATIONS Cook County Family YMCA- Grand Marais, MN Alexandria Area YMCA -Alexandria. MN AIA Architect: AL, AR, CA, DE, FL, Hl, Excelsior Springs MQ Community Center- Excelsior Springs, MO IN, LA, MI, MN, MO, NE, NJ, NM, NV, Olympic Swim Trial Pools- Omaha. NE NY, DK, RI, TN, UT, WA, WI Sunriver Owner's Association - Sunriver, OR LEED Accredited Professional David Douglas School District Pool Replacement- Portland, OR Beaverton OR Nike Campus Aquatic Center Renovation - Beaverton, OR Salvation Army Ray and Joan Kroc Corps Community Center-Salem, OR NSPF Certified Pool 1 Spa Operator Aberdeen Family Aquatic Center-Aberdeen, SD {CPO} Barcelona FINA World Championship 2913 - Barcelona. Spain PROFESSIONAL AFFILIATIONS Norfolk Southside Aquatic Center- Norfolk, VA American Institute of Architects (AIA) Haselwood YMCA- Silverdale, WA Snohomish Aquatic Center- Snohomish, WA National Council ❑f Architectural Lynnwood Recreation Center- Lynnwood, WA Registration Boards (NCARB} South Suburban YMCA- Milwaukee, WI Themed Entertainment Association (TEA) Page 6 Page 105 of 161 Scope of Services: The following scope of services is based on • conversation with City Staff and their needs as it relates to an aquatic • • master plan. We welcome the opportunity to further refine or define the scope to meet the client's unique needs. Kick-Off Meeting: Once the consulting team is chosen a kick-off meeting can be established within 2 weeks of receiving a signed contract. The focus of the kick-off meeting will be to address the following items: * Establish Lines of Communication * Establish a Steering Committee (if needed) * Confirm Schedule * Discuss Facility Goals The consulting team will also take this opportunity to develop a request of information that will be submitted to the client. The request for information would include, but not be limited to: * Previous or On-Going Planning Efforts * Organizational Chart * Rates of Compensation(full-time and part-time) * Vision&Mission Statement * 2-3 Years Budget History By collecting this information early, the team can synthesize the information and ask follow-up questions. Needs Assessment: The needs assessment is comprised of the market assessment and public input process. Market Assessment: A key component of the study will be to look at the demographic realities of the market that the facility will reside in. The demographic realities of the area will be important to determine program support in aquatic based activities. B*K utilizes data for Environmental Systems Research Institute (ESRI) and the National Sporting Goods Association(NSGA). * Establish Service Areas - Primary - Secondary * Key Demographic Indicators - Median Age - Median Income - Household Budget Expenditures - Recreation Spending Potential Index Page 7 Page 106 of 161 dft-V, * Other Demographic Markers - Population Distribution • • -Age Group Growth - Race/Ethnicity - Tapestry Segments * Participation Statistics -Unique Participation Percentage - Identification of Frequent, Occasional, Infrequent Use - Identification of Swimmer Days by Population - Cross Participation Data - Trend Data * Identification of Alternative Providers - Location -Amenities - Programs - Cost Public Outreach: B*K would propose conducting a public open house to engage the community and get their feedback on the aquatic facilities and programs offered by the City. The focus of the open house will be a self-guided experience focusing on at least three areas. The three areas B*K would propose are aquatic facilities, aquatic programs, and gaps in services. B*K will work with WTI to ensure appropriate imagery is used to help engage attendees. A similar process can be used virtually if social distancing is a requirement in the City. Aquatic Evaluation: WTI will consult with the City to document physical condition of the current aquatic facility and provide recommendations regarding inadequacies. WTI will conduct a non-destructive observation of the aquatic elements to form a professional opinion on necessary repairs, renovations, and replacements. WTI will perform the following tasks: * Conduct site visit and document current conditions * Identify deficiencies of aquatic components regarding current local health codes and industry standards. WTI will address the following components: - Pool Vessels - Pool Finishes - Pool Circulation Pumps, Fittings, Valves, Flow Meters, Gauges, and Controls - Pool Filtration System and Overflow Recovery System - Pool Water Chemistry Treatment System - Pool Deck Areas and Equipment * Pool Decks, including deck equipment * Limited building evaluation, for general impressions of building condition. WTI will review previous building study prepared by ISG with ISG and incorporate relevant information into this report. * Develop recommendations for repairs, renovations, and replacements. * Develop Rough Order of Magnitude (ROM) Aquatic Construction Budget regarding recommendations Page 8 Page 107 of 161 Usage Evaluation: Using information provided by the City, B*K will • conduct a usage evaluation of the two aquatic facilities in the City. • • Information that B*K will evaluation will include: * Attendance * Membership * Fee Schedules * Program Participation Program Recommendations: Having completed the needs assessment portion of the study B*K will begin to develop facility program recommendations that will be confirmed by WTI. Program recommendations will focus on: * Aquatic Components * Non-Aquatic Components * Revenue Generation by Component * Considerations for Finishes/Equipment WTI will consult with the City to assist in the development of an aquatic program consisting of prioritized aquatic goals, objectives, and intendent activities and ues of aquatic spaces and features. WTI will perform the following tasks: * Discuss and Confirm Aquatic Goals, Objectives, Activities, and Uses * Develop Aquatic Program and Capacities * Discuss Number of Pools, Pool Zones, and Depths * Identify Preliminary Water Activities and Features * Develop Rough Order of Magnitude (ROM) Aquatic Cost Opinion * Develop Aquatic Concept Plan Page 9 Page 108 of 161 gem, Operations Analysis: • An area of expertise for B*K is the development of accurate operational plans. To develop these plans B*K uses a time tested, 6-step process, for developing budgets, called Operational Performance Indicator Analysis, or OPiA. As a final step in the study B*K would apply that process to the information gathered. The end result of this process will be a detailed line item budget (expenses, revenues, capital replacement) along with a 5-year projection. Using this process, B*K has achieved an 80-85% accuracy rate for the budgets they have provided other clients. The steps in that process are as follows: * Attendance Estimates - Daily -Annually * Fee Structure - Drop-In - Multiple Admissions/Annual Passes - Family, Corporate, Group - Rentals * Sources of Income - Identification &Verification of Revenue Sources -Annual/Multiple Admissions - Programs & Services - Rentals - Other Revenue Sources * Operating Cost Projections - Develop a Line Item Budget - Personnel by Position - Contractual Services - Commodities - Capital Replacement * Revenue Generation Projections - Develop a Line Item Accounting -Admissions - Programs - Fees * Revenue Expenditure Comparisons - Cost Recovery Level * Project Recommendations/Profitability of Components - Marketing Strategy - Program/Service Considerations Page 10 Page 109 of 161 Final Report: • The final report will be developed as the project progresses and will be assembled in an easy to read easy to follow format. The report will contain the methodology used to arrive at the various findings contained in the report and will provide the overall aquatic master plan for the City of Waterloo. + - I 1 .... -_. .. ; _ MI6• .... ... ....... _ _, y i r Page 11 Page 110 of 161 Fee Proposal: Kick-Off Meeting $1,500 _A0 Market Assessment $6,000 Public Outreach $3,000 Aquatic Evaluation $8,000 Usage Evaluation $2,000 Program Recommendations $8,500 Operations Plan $9,000 Final Report $2,000 Project Sub-Total: $40,000 Reimbursable Expenses: To complete the scope of service, B*K will be on-site up to 3 times at an average of$1,500 per trip and WTI will be on site 1 time at an average of$750 per trip. Reimbursable expense are billed at cost+10%. Project Sub-Total: $5,775 Total Project Cost Not To Exceed: $45,775 The project team welcomes the opportunity to re-visit the scope of services and fee structure to ensure that it meets the needs of the client. Project Timeline: It is estimated that the project could be completed in 90-120 days from the time a signed contract is received. Page 12 Page 111 of 161 CITY OF WATERLOO Council Communication Resolution approving the City of Waterloo Municipal Golf Rates for the 2021 season. City Council Meeting: 11/16/2020 Prepared: 11/10/2020 SUBJECT: Resolution approving the City of Waterloo Municipal Golf Rates for the 2021 season. Submitted by: Submitted By:JB Bolger. Golf and Downtown Area Maintenance Manager Approve recommendation by the Leisure Services Commission. The Leisure Services Commission met on November 10th an voted unanimously to approve the 2021 golf rates with the following season pass Recommended Action: price increases: Adult Season From$800 to $850 Senior Season From$750 to $800 Senior Weekday Season From$680 to 730 Family Season From$1,200 to $1,300 Alternative: Leave golf season ticket fees at the current rates with no increase. Season pass prices were last increased for the 2014 season. Pricing for youth/young adult passes have been left at the same rates in an effort to Background Information: stimulate increases in sales of those passes. Daily fee round prices were increased considerably for the 2017 season so no increases are proposed to those fees at this time. Page 112 of 161 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, rescinding resolution 2020-616, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 11/16/2020 Prepared: 11/9/2020 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material Resolution approving a request by the City of Waterloo for the Final Plat of SUBJECT: Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, rescinding resolution 2020-616, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Final Plat request at their regular meeting on August 4, 2020. Therefore, staff recommends that the request for the final plat of Waterloo Air and Rail Park 1st Addition be approved for the following reasons: 1. The request would not appear to have a negative impact on the Recommended Action: surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request will create new infill lots in a developed part of the city. 4. Will put three acres of land and subsequent homes on the tax rolls. Transmitted herewith is a resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air& Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, Cedar Falls. Included are the following: Summary Statement: • Staff report • Overview Map • Final Plat • Deed of Dedication • Certificate of Survey • Report of City Engineer Page 113 of 161 Expenditure Required: None Source of Funds: N/A The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is part of the Waterloo Regional Airport and is in close proximity the North Cedar Falls Industrial Park. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Leversee Road which is a Collector, and West Airline Highway which is Minor Arterial. The area is also served by Lone Tree Road, a collector which connects to US Highway 218, a principal arterial. The nearest trail is the Lone Tree Road Trail which is located 1 mile to the west. The Cedar Valley Lakes trail which is located 1.70 miles to the south. There are no sidewalks in the area. The area of the proposed plat is zoned "M-2,P"Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North—Waterloo Regional Airport and farmland zoned "M-2,P"Planned Industrial District. South— Waterloo Regional Airport and farmland zoned "M-2,P"Planned Industrial District East— Waterloo Regional Airport zoned "M-2,P"Planned Industrial District. West—Residences and Agriculture zoned by the City of Cedar Falls "M-1" Light Industrial and "A-l"Agricultural. Residences built between 1930 and 1966. No buffers would be required as a part of this plat request. A drainage plan will need to be submitted to Engineering when buildings are constructed. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0166F, 0158F and 0167F dated July 18, 2011. Lincoln Elementary School is located 3.94 miles to the southeast, George Washington Carver Academy and Central Middle Schools are located 4.66 miles to the southeast and south respectively, and East High School is located 6.01 miles to the southeast. The nearest open space is Big Woods Lakes Recreation area located one mile to the west and George Wyth State Park is located 1.79 miles to the south. There are currently no utilities in the plat area;however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The applicant is requesting the Final Plat of Waterloo Air and Rail Park 1st Addition. The plat includes 3 lots: Lot 8 and 9 are 3.44 acres with lot 10 being 4.74 acres. There are two tracts included in the plat: Tract"A"is 1.41 acres and is right of way for WARP Drive and Tract"B"is 22.11 acres which is a permanent and temporary storm water management and reserves for future development. The lots will need to be renumbered as lots 1,2 & Page 114 of 161 3. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning which limits the height of buildings in the Background Information: area. The Waterloo Air and Rail Park would include 12 lots and 10 Tracts. The proposed lot sizes are:lot 14.37 acres, lot 2 4.85 acres, lot 3 5.15 acres, lot 4.46 acres, lot 5 4.49 acres, lot 6 4.43 acres, lot 7 34.28 acres, lot 8 3.44 acres, lot 9 3.44 acres, lot 10 4.74 acres, lot 1132.09 acres, and lot 12 27.60 acres for a total of 133.34 acres of lots. The proposed tract sizes are: Tract"A" 16.06 acres, Tract"B"22.11 acres, Tract"C"6.64 Acres, Tract"D"4.11 acres, Tract"E"38.18 acres, Tract "F"23.60 acres, Tract"G" 10.59 acres, Tract"H"3.14 acres, Tract"I" 11.11 acres, Tract"Y 38.38 acres for a total of 173.91 acres of land dedicated to tracts. Tract"A"is designated for road and rail right-of-way; Tract"B"is reserved for permanent and temporary storm water management and reserved for future development; Tracts "C", "D"and"E"are reserved for storm water management and Tracts "E"and "F"are reserved for temporary storm water management and reserved for future development; Tract"H"is reserved for planned sanitary sewer lift station and storm water management; Tract"I"Reserved for future development and Tract"J"is reserved for rail and utility access, storm water management, and future development. The Final Plat was originally recommended for approval by the Planning, Programming and Zoning Commission on May 7, 2019 but was not forwarded to city council due to items that need to be addressed. Those items have now been addressed but because more than one year has passed since it originally went through PZ it must return to the commission for a recommendation. The Planning Programming and Zoning Commission voted 6-0 at their August 4, 2020 meeting to recommend approval of the final plat. The Preliminary Plat includes the following items: 1)legal description 2)property lines:dimensions 3)date 4)easements 5)right-of-way 6)property lot sequence which will need to be changed 7)adjoining subdivisions. Building setback lines will be set during the Site Plan review process. The Deed of Dedication for the project has been received. Engineer's Certificate of Survey will need to be submitted before forwarding the item to city council. Therefore, staff recommends that the Final Plat for Waterloo Air and Rail Park 1st Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the Page 115 of 161 area. 3. The plat will create an additional infill development site in the Primary Growth Area. WATERLOO AIR AND RAIL PARK BLACK HAWK COUNTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION Legal Descriptions: 32; THENCE, N88°36'54"E 33.00' TO A POINT ON THE EAST LINE OF THE PRESENTLY ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, N1°21'26"W 655.19'ALONG SAID RIGHT OF WAY TO A POINT ON A LINE THAT IS 1002.00' SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30 AND ITS EXTENSION NORTHWESTERLY; THENCE, S52°57'23"E 1314.02'ALONG SAID PARALLEL LINE; THENCE, SO°20;23"E 1095.41'; THENCE, S89021'21"W 1009.80' TO A POINT ON THE EAST RIGHT OF WAY OF SAID LEVERSEE ROAD; THENCE, N1°23'06"W 1243.70' ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 35.14 ACRES INCLUDING 1.41 ACRES OF FUTURE ROAD RIGHT OF WAY. Page 116 of 161 August 4,2020 REQUEST: Request by the City of Waterloo for the Final Plat of Waterloo Air & Rail Park 1St Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, Cedar Falls. APPLICANT: City of Waterloo, 715 Mulberry, Waterloo, IA 50703 GENERAL The applicant is requesting to final plat of Waterloo Air and Rail DESCRIPTION: Park 1St Addition a 3-lot commercial subdivision. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the area being platted is SURROUNDING part of the Waterloo Regional Airport and is in close proximity the LAND USE: North Cedar Falls Industrial Park. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Leversee Road which is a Collector, and West Airline CONDITIONS: Highway which is Minor Arterial. The area is also served by Lone Tree Road, a collector which connects to US Highway 218, a principal arterial. RELATIONSHIP TO The nearest trail is the Lone Tree Road Trail which is located 1 mile RECREATIONAL to the west. The Cedar Valley Lakes trail which is located 1 .70 TRAIL PLAN AND miles to the south. There are no sidewalks in the area. COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed plat is zoned "M-2,P" Planned Industrial FOR SITE AND District and has been zoned as such since the adoption of IMMEDIATE VICINITY: Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North —Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District East —Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture zoned by the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. DEVELOPMENT Residences built between 1930 and 1966. HISTORY: BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: A drainage plan will need to be submitted to Engineering when buildings are constructed. FLOODPLAIN: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel East of 2510 Leversee Road—Final Plat WARP 1s`Addition Pdg@f 117 of 161 August 4,2020 Numbers 0166F, 0158F and 0167F dated July 18, 2011. PUBLIC /OPEN Lincoln Elementary School is located 3.94 miles to the southeast, SPACES/ SCHOOLS: George Washington Carver Academy and Central Middle Schools are located 4.66 miles to the southeast and south respectively, and East High School is located 6.01 miles to the southeast. The nearest open space is Big Woods Lakes Recreation area located one mile to the west and George Wyth State Park is located 1.79 miles to the south. UTILITIES: WATER, There are currently no utilities in the plat area; however utilities are SANITARY SEWER, going to be extended to serve the development. STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. The COMPREHENSIVE proposed plat conforms to the Future Land Use Map and LAND USE PLAN: Comprehensive Plan. STAFF ANALYSIS - The applicant is requesting the Final Plat of Waterloo Air and Rail ZONING Park 1St Addition. The plat includes 3 lots: Lot 8 and 9 are 3.44 ORDINANCE: acres with lot 10 being 4.74 acres. There are two tracts included in the plat: Tract "A" is 1.41 acres and is right of way for WARP Drive and Tract "B" is 22.11 acres which is a permanent and temporary storm water management and reserves for future development. The lots will need to be renumbered as lots 1,2 & 3. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning which limits the height of buildings in the area. The Waterloo Air and Rail Park would include 12 lots and 10 Tracts. The proposed lot sizes are: lot 1 4.37 acres, lot 2 4.85 acres, lot 3 5.15 acres, lot 4.46 acres, lot 5 4.49 acres, lot 6 4.43 acres, lot 7 34.28 acres, lot 8 3.44 acres, lot 9 3.44 acres, lot 10 4.74 acres, lot 11 32.09 acres, and lot 12 27.60 acres for a total of 133.34 acres of lots. The proposed tract sizes are: Tract "A" 16.06 acres, Tract "B" 22.11 acres, Tract "C" 6.64 Acres, Tract "D" 4.11 acres, Tract "E" 38.18 acres, Tract "F" 23.60 acres, Tract "G" 10.59 acres, Tract "H" 3.14 acres, Tract "1" 11.11 acres, Tract "J" 38.38 acres for a total of 173.91 acres of land dedicated to tracts. Tract "A" is designated for road and rail right-of-way; Tract "B" is reserved for permanent and temporary storm water management and reserved for future development; Tracts "C", "D" and "E" are reserved for storm water management and Tracts "E" and "F" are reserved for temporary storm water management and reserved for future development; Tract "H" is reserved for planned sanitary sewer lift station and storm water management; Tract "I" Reserved for future development and Tract "J" is reserved for rail and utility access, storm water management, and future development. East of 2510 Leversee Road-Final Plat WARP 1s`Addition Pdg@F 4?f9 of 161 August 4,2020 The Final Plat was originally recommended for approval by the Planning, Programming and Zoning Commission on May 7, 2019 but was not forwarded to city council due to items that need to be addressed. Those items have now been addressed but because more than one year has passed since it originally went through PZ it must return to the commission for a recommendation. STAFF ANALYSIS — The Preliminary Plat includes the following items: SUBDIVISION ORDINANCE: 1) legal description 2) property lines: dimensions 3) date 4) easements 5) right-of-way 6) property lot sequence which will need to be changed 7) adjoining subdivisions. Building setback lines will be set during the Site Plan review process. The Deed of Dedication for the project has been received. Engineer's Certificate of Survey will need to be submitted before forwarding the item to city council. STAFF Therefore, staff recommends that the Final Plat for Waterloo Air RECOMMENDATION: and Rail Park 1St Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. East of 2510 Leversee Road—Final Plat WARP 1s`Addition Pdg@f 1119 of 161 City of Waterloo Planning, Programming and Zoning Commission August 4, 2020 i i i ii ii o ii ij .i WAIRLINE HWY i W,WASHINGTON ST �--- ♦,�■■.■■ BR�A�wAy.,sT 218 1 RA/ NBOIVDR �y N NE of 251to Leversee Road w+E Final Plat s City of Waterloo 1,000 500 0 1,000 ■ � ®Feet Page 120 of 161 City of Waterloo Planning, Programming and Zoning Commission August 4, 2020 W.DUNKERTON RD -- w, i East Lone Tree Road LU p _ LU dr W J ii z 0RT • {�-• M�ppORTBLVD • T`, _ t O O N NE of 2510 Leversee Road W• •E Final Plat s City of Waterloo 250250 250 ®Feet Page 121 of 161 F L- 5; 'd o '8�mo N 3 R> m ❑ Nz a cE'ar j�Eo 0 LL RS r U a'E "'x z z❑ W W W n c E tL aNa0-� 0052 3e a gram J yamm ma o[a[w d W Z ZJ Z. aC m m a N 3 $ a J C m ccm O ¢ r y ¢ E O m Z 0 0 3 Ud°3 ¢ z Q CLLI a� W UUm r a 8T to x d ¢ r ) ri N 0 z zm O - N ¢ `o < `m ¢ N W W WW 2 MN ❑ r m J U N O J �mmp x � r J Q m } QaZC,LuI W [tea 0 rm Ea` w o a 1� rpm N oo U U > 0 07 1 `^ e0,,,, l , U) 4 • o Q\9 76O 4' �p X70 Z Z ¢ N 3 �) N O O 95 PROFO O H z ru � Z LU a LU z vi z 00 a m Em Nm W Q LU O m¢ W U)(L W Za ~ xC7 I LU J r Z rz_ o Z_ °x� Q� r^Wy F-LL O x r CL z LL p ¢u� Z 0n wW SOW € CC 3 NLL < o m¢O LU LL N m W N Z O O O W J W W 2 2 O > r w0 W 0 m W r O = 2 2 > Q ~ ¢ O I J m U) m U) O U LL � d a Z ¢co z Ey 2w O a D uo uWWWW`CL LU o� _......_ ,.... 0 W LU 0 LU F D o rp Zz a Z LL ❑LL W O U Z _ -0 }Q m0 m m O 3F z LL l dJ0 n W Z �w Lu z W Cc 0Zw �' o l ^ 2LU n ¢ w (� ULL,aD O 0 QOC �Lu W o o v a m Z upiai� H ❑ W ¢❑QW Jm❑ W w ¢zu�i Q Z m Zm� } CC < a w�3 Z W �N OWZ OC ❑❑r W Z OC g W� mQ ¢>w o m9� ryj LLi LLI- a Om u Q jra¢co3 LLO a WO �-3 gp3 aLuW ° O cr=W�NDo Z g F�o W >LLQW cn mmZ � ¢ J O r E W }❑¢x¢N Z z W LLm0 CO ¢mom cr 22 cc Z � p2w O JIr Q Uv W � r J m J p Q Q r cam/) Wacgiacc�� v H W ❑ iN r Z Z Z Q 2 y J Z ¢ U rpZp�°CLL LL W Z 0m- ~�ariN2a aw 0ZW uNir W o L¢ r a x�O r F-- Zwr W r0 W LL 0 2 0.z z r ?i0 arwa¢ 1 � O Z O r ¢ LL ¢ l^ll Z) OmoJ�pLL W t7 O�W o�2 0 W a m- r rx - womC2-7 0 0 N -c�oz �= �2 v= M a w Q W � r m❑ < zz Lu O LU Zaiz °��aWC m U 2 W z❑O�uLzH r 3 W O r z W O LL 3 r _5 z o 0 w W CW'3(J M ai¢ 2 M W o z � ZQ 0 Z W O ~N °[ poF�il > Za ¢ O , a2¢ UJ ¢ ¢ �-2' a U (1)zCC mmo, m ❑ }O N W N Z U ?ern C, (1)?i2 } NZ � LL LL(7¢ J r = W O O T W U mom❑ 2 r ❑ Z °�zz O Z , W 2 - O W Z 2: oc zC LL:,m =05 o°Cc�o�rCc r r U W z W Z. C,) ZC"U a OZ2 ¢ Z ❑ ZQ ��¢ � roOC � O �O¢a �mc�wZ W 8 F LL LU, U W 3 N Z J fq(3 a wl m CF,) N W J m Z -m0 w W coUW >> z ❑ LL < } W W ¢ U Z O¢ r r N r J Z a ❑ W g�� (<,-(Lu) - i ¢i 00 r z z W ❑ LL O W O z a z 3 ¢ 0 cj)O z Q UCc =U W W c J Q Z 0 ¢ orty 2r Z � Z � z Ja 0¢ O LL 2 ¢ LL W ¢ z 2 U O r a ¢O m gVeOWg-WdLkmg-OZ-90-LO-Z lO L 1VId IVNIJ-Bmp mgs,a-O leld leull ugg%loeil pug 0 i-g slog uoplppy Is[died IIeN Due,V oopgleM-leld leullVgmng\Omp\eZ99\:p Page 122 of 161 Er - L U Q W CL W z N Z a�o Yz� COgc� U Y M Z) M=Z LLJ w Q 0 (j) CO=N F-C3 woo Z LU J l Qzoo ear� Qi J LU crLU LL 3 m ¢00 Z� I� I I o N 16 16 U s U m U m Z Z U O I NOI.LIQQV XtLVd 7IV27 QNV NIV 007Y9LLVM 3XILLAd N Z N O ~ J W m ° - - - - - - - - - - - - - - - - - -I - - - - �+ £1-06—Z£ 'OSS V 2 o o Con 6/<MS 6/LMN '.Ld I ~ M.2Z 2.69S----------------- ----------------------------- .09 6001 09'60b .00'00E .00'00E — z Q� O �2p - - - - -- - - - - - - - \ Q� MAIM 30VNIVHG ONV \ Q 83M3S WHOIS.009Z ��, A3MSV3 H3M3SAHVIINVSA00£ \ �Q4 m L) 3 F- 3 o r a I $ \\\ \ w rola m4 v O Ola o \ V J MG th0 I O MOH.00'EE O W H z a � I o I ; ; o W \ LLJ m 00'00£— — — — — - Id J--------------------------------------- 15406 --_ � w----- iv$ - - - - -__ __c fiZS06 Z. imi u3 2¢ A3W3SVI I ¢F O opq � VQ S 19 II =gym I Ili � 0 \ I I m �� MOH.00'£Ew z z 00aQz ¢w0 °¢2 N aQaaoo - - - - - �\ < W>w W 0 w° o l S Q S � U ssi �'o O1 N 13 Z \ ! I 0 O \ i cy� I - � \ I \ SbE0W8-wtl94 E-OZ-9RL0-Z 30 a leld levy-OmP HEMO leld levy U99%boil PUMA A slOI uo0!PPV is 1 Aced lleH Due ilV ooPaleM-leld leuy\LamnS\OmP\EZ9SGE Page 123 of 161 DEED OF DEDICATION WATERLOO AIR AND RAIL PARK, 1sT ADDITION WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA The City of Waterloo, Iowa("Owner"),being desirous of platting the land described in the attached Certificate of Survey, by , a licensed land surveyor, dated , 2020, does by these presents designate and set apart the described premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called Waterloo Air and Rail Park, Pt Addition, Waterloo, Black Hawk County, Iowa(the "Property"), all of which is with the free consent and desire of the undersigned, and the undersigned hereby dedicates and sets apart for public use the streets and avenues as shown on the attached plat. The undersigned hereby covenants and agrees for itself, its successors and assigns, that said subdivision shall be and the same is hereby made subject to the following restrictions as fully and effectively for all intents and purposes as if the same were contained and set forth in each deed, conveyance and mortgage that this grantor or its successors in interest may hereafter make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit: ARTICLE I DEDICATION; RESTRICTIONS 1. Establishment of Restrictions. The Property is now held and shall hereafter be held, transferred, sold, leased, conveyed and occupied, subject to the covenants, conditions, restrictions and easements set forth in this instrument, each of which shall run with the land and shall be binding upon the inure to the benefit of each and every parcel of the Property, and each of which shall apply to and bind and benefit and may be enforced by the owner of each or any parcel of the Property, and the heirs, assignees and successors in interest of each and every owner of a parcel or parcels. 2. Utilities. Any company or agency supplying electricity, gas or communication service to any parcel in said addition shall have the right to construct, maintain and operate permanent underground gas, electricity, or communication feeder or service facilities, within the easement lines as shown on the plat of said addition attached hereto. Further, the City of Waterloo and any public company having a franchise for the distribution and sale of gas, electricity,water or communication service in said City shall have the right to construct, maintain and operate underground sewer, water, gas and communication service lines within the easement lines as shown on the plat attached hereto. The proprietor, agents and contractors of all such service corporations or agencies shall have the right of reasonable access to their said services and installations for the purpose of the proper construction, inspection, maintenance, repair, replacement and removal of their lines and equipment. 3. Further Dedications. Owner hereby further dedicates and conveys to the City of Waterloo, Iowa, its successors and assigns, the areas designated on the plat map as Tract"A" and Tract`B". Tract"A"is dedicated for the street and right-of-way purposes. Tract`B" is dedicated for storm water management purposes, development purposes and such other purposes Page 124 of 161 as the City of Waterloo may hereafter declare by separate instrument for said Tract `B". The City of Waterloo shall have discretion to dedicate and/or convey such portions of Tract`B" as may be desirable for or in connection with private development of adjacent parcels and to place upon such tract or portion thereof such additional restrictions, or to release same from any limitation of purpose set forth above, as the City of Waterloo considers necessary or advisable. ARTICLE II USE OF THE PROPERTY 1. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo or other governmental agency,permitted uses shall be distribution warehouse, office facilities, technological or business operation, manufacturing, assembly facility, laboratory and research. 2. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage yard, feed and fuel yard, slaughter houses, stock yards, or other facilities processing or handling live animals, the rendering or refining of fats and oils, or residential use. This is in addition to limitations called for in the zoning restrictions or ordinances applicable to the Property from time to time. 3. Other Conditions Not Permitted. Any facility or operation which causes a nuisance due to noise, odor, rubbish accumulation and/or release of hazardous materials in violation of applicable law, rule, regulation or order shall not be permitted. 4. Temporary Structures. Temporary structures will be allowed to be used only as construction offices and/or small tool sheds. The temporary structures are to be removed within two (2) years after placement. ARTICLE III DEVELOPMENTSTANDARDS 1. Vehicle Parking. All vehicle parking requirements must be provided for within the property boundaries and shall be set back from all property lines with street frontage a minimum of five (5) feet. 2. Truck Parking and Maneuvering. The maneuvering area for trucks must be such as to allow for the truck to back up to the buildings or parking spaces without using the street as part of the maneuvering area. 3. Pavement Requirement. The entire area for auto parking, truck parking and maneuvering shall be paved. Notwithstanding the foregoing, the parking area for empty trucks may be gravel. Outside storage area, where approved, may be gravel. 4. Outside Storage. Outside storage will not be allowed, unless it is totally screened. Outside storage is allowed where approved through the site plan review process, and may be gravel. 2 Page 125 of 161 5. Landscape. The entire area that is not covered with building and pavement must have only grass/landscaping in accordance with City of Waterloo requirements. 6. Building Materials. All exterior faces of buildings shall be finished. An expansion wall of different materials may be approved through the site plan approval process. 7. Fences. Where fences are to be installed, the fence shall be located entirely on the subject parcel and shall not be closer than ten feet from the street's right-of-way, and the area between the fence and the right-of-way shall be grassed and landscaped. The finished side of any fence shall be placed in such a manner as to face outward from the property. ARTICLE IV ORGANIZATION AND APPROVAL 1. Plan Approval. Proposed site plans will be reviewed through the City of Waterloo site plan process. Existing owners of land in the subdivision shall be notified of the plan review process at the time said plan is submitted to the City for review. 2. Duration of Covenants. Unless otherwise extended or removed, these restrictions shall be applicable for a term of twenty-one (2 1) years commencing upon the recordation hereof and thereafter may be renewed as provided in Iowa law. At any time, any of the restrictions may be terminated by written agreement joined in by the owners of 90% in area of the land subject hereto. 3. Amendment. These restrictions may only be amended in writing by the agreement of not less than the owners of 90% in area of the land subject hereto. Any amendment to these restrictions shall be recorded. Dated this day of , 2020. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk [acknowledgement on next page] 3 Page 126 of 161 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2020 by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 4 Page 127 of 161 CERTIFICATE OF SURVEY I, Jeremy A. Harris, a duly Licensed Land Surveyor in the State of Iowa, do hereby certify that I have made a survey of property to be known as: "Waterloo Air and Rail Park 1St Addition" Section 32-T90N-R13W, Waterloo, Black Hawk County, Iowa SAID PROPERTY IS LEGALLY DESCRIBED AS: A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32; THENCE, N88°36'54"E 33.00' TO A POINT ON THE EAST LINE OF THE PRESENTLY ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, N1°21'26"W 655.19'ALONG SAID RIGHT OF WAY TO A POINT ON A LINE THAT IS 1002.00' SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30 AND ITS EXTENSION NORTHWESTERLY; THENCE, S52°57'23"E 1314.02'ALONG SAID PARALLEL LINE; THENCE, SO°20;2311E 1095.41'; THENCE, S89°21'21"W 1009.80' TO A POINT ON THE EAST RIGHT OF WAY OF SAID LEVERSEE ROAD; THENCE, N1°23'06"W 1243.70' ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 35.14 ACRES INCLUDING 1.41 ACRES OF FUTURE ROAD RIGHT OF WAY.. I FURTHER CERTIFY THAT THE ACCOMPANYING PLAT IS A TRUE REPRESENTATION OF SAID PROPERTY IN ACCORDANCE WITH MY FIELD NOTES; THAT THE DIMENSIONS OF THE STREETS, LOTS, AND EASEMENTS DEPICTED ON SAID PLAT ARE IN FEET AND DECIMALS THEREOF; AND THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. Jeremy A. Harris, PLS Date Iowa License Number 22259 My license renewal date is December 31, 2021 Page 128 of 161 CITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 •Phone(319)291-4312 Fax(319)291-4262 Email:city.engineer@waterloo-ia.org JAMIE KNUTSON,PE • City Engineer August 3, 2020 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT WATERLOO AIR & RAIL PARK Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, AAA�'-- Dennis J. Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! Page 129 of 161 An Equal Opportunity/Affirmative Action Employer Waterloo Air and Rail Park — 1St Addition Final Plat Looking southeast along the airport Looking south on Leversee Road from Lone fenceline from the north point of the plat. Tree Road. y -.i- 1&66 Looking south from the north point of the Looking west on Lone Tree Road from plat. Leversee Road. Page 130 of 161 CITY OF WATERLOO PLANNING AND ZONING COMNUSSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name(please print):_(�lr1t'1 Ul�`Ty'2-("2 p Address: 7 PS 'iqX � Y7 Phone: 311- XI 1—(1_3(p City: (,l(-}�d�,aa State: � Zip: czp 7]x'3 b. Status of Applicant: (a)Owner(b) Other_(CHECK ONE): If other explain: c. Property Owner's Name if different than above(please print): Address: Phone: City: State: Zip: 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): Primary Preparer's Name: Phone: E-mail: 3. PROPERTY INFORMATION: }} a. Name of Plat:_��1 P�aA � P}i'o - d- �A-I.L P*V—K /A00)_710-v b. General Location of Property: ixi C7 of gg I a I2� S c. Area of Proposed Plat: d. Area of Proposed Plat to be dedicated/conveyed to the City: e. Value of area to be dedicated/conveyed to the City: f. Zoning District(s): 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six(6)copies of the Final Plat which are in con ormance with Section 11-3-3 of the Subdivision Ord. (also submit a digital copy of the plat in PDF format) c. Three(3) copies of Deed of Dedication(must be original signatures) d. Three(3) copies of all Contract,Petition and Waiver forms (must be original signatures) e. Three(3)copies of Certificate of Survey(must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improvements: Estimate Actual Total Cost Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ TOTAL $ The Request Fee of$215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and penalty of perj51,zc, information on this request and submitted along with it is true and correct. All information will be used by tlanning, Programming, and Zoning Commission an Waterloo City Council in making their ision.The rize City Zoning Officials to enter the property in estio ards to the request. Signature of Applicant Date Signature of Owner Date Page 131 of 161 WATERLOO AIR AND RAIL PARK BLACK HAWK COUNTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32; THENCE, N88036'54"E 33.00' TO A POINT ON THE EAST LINE OF THE PRESENTLY ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, N1°21'26"W 655.19' ALONG SAID RIGHT OF WAY TO A POINT ON A LINE THAT IS 1002.00' SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30 AND ITS EXTENSION NORTHWESTERLY; THENCE, S52057'23"E 1314.02' ALONG SAID PARALLEL LINE; THENCE, S0020;23"E 1095.41'; THENCE, S89°21'21"W 1009.80' TO A POINT ON THE EAST RIGHT OF WAY OF SAID LEVERSEE ROAD; THENCE, N1°23'06"W 1243.70' ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 35.14 ACRES INCLUDING 1.41 ACRES OF FUTURE ROAD RIGHT OF WAY. Page 132 of 161 CITY OF WATERLOO Council Communication Resolution approving Electric Distribution System Proposal with MidAmerican Energy Company in the amount of$327,736.50 for the construction and provision of electric lines along Leversee Road, in conjunction with the Waterloo Air and Rail Park, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/16/2020 Prepared: 11/12/2020 ATTACHMENTS: Description Type ❑ MAE electrical proposal Backup Material ❑ MAE lines Backup Material ❑ MAE lines 2 Backup Material Resolution approving Electric Distribution System Proposal with MidAmerican Energy Company in the amount of$327.736.50 for the SUBJECT: construction and provision of electric lines along Leversee Road, in conjunction with the Waterloo Air and Rail Park, and authorizing the Mayor and Citv Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve Proposal The City and Waterloo Water Works are currently under construction of the Summary Statement: Fater and sewer services to open up over 300 acres of land for industrial development. This agreement with MidAmerican Energy Company (MAE)will provide electric service to the land for development. Expenditure Required: $327,736.50 Source of Funds: MidPort TIF funds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve The City is working to expand industrial options for projects in the City of Waterloo. We have platted and begun construction of the first road in the Waterloo Air and Rail Park(WARP)to provide new industrial locations. The City has one project approved for a new truck wash, and approximately Background Information: 4-6 other projects looking at area. This agreement with MAE will provide electrical for the sites, and their is a potential for refunding of some of the funds based on new project Page 133 of 161 development within a 10-year timeframe for the area. Page 134 of 161 MidAmerican Energy Company ELECTRIC DISTRIBUTION SYSTEM PROPOSAL WMIS: 2802727 MidAmerican Energy Company, an Iowa Corporation, its successors and assigns and City of Waterloo ("Applicant"), agree as follows: 1. Applicant has platted in the City of Waterloo, Iowa an Official Plat known as Waterloo Air/Rail Park, and has divided the same into numbered lots for building purposes as shown in the plat attached hereto. 2. MidAmerican Energy Company furnishes electric service in Waterloo, Iowa, and is willing to provide electric service to Waterloo Air/Rail Park and to install overhead and underground electric distribution facilities upon the terms and conditions set forth in this proposal. Electric distribution is defined as that utility plant normally operated at fewer than 15,000 volts, constructed on public right-of- way or easements, and normally intended to provide service to more than one customer. Service conductors installed between the distribution system and the customer's point of attachment are not provided for in this proposal. 3. MidAmerican Energy Company agrees to engage in construction in consideration of the receipt of$327,736.50 of which $327,736.50 is a Refundable Advance. MidAmerican Energy Company agrees to construct the necessary overhead and underground electric distribution facilities as set forth below: a. Install overhead and underground 3 phase primary to serve the future Waterloo Air/Rail development. b. MidAmerican Energy Company will not install transformers under the terms of this proposal. Transformers will be provided when service for a specific structure is ordered. Costs for installation will be determined at that time. C. MidAmerican Energy Company will not provide streetlights under the terms of this proposal. 4. Pursuant to MidAmerican Energy Company's electric tariff, Refundable Advances are paid by the customer prior to construction, and may be refunded in whole or in part based upon the following terms and conditions. Nonrefundable Contributions, which cover expenses such as excess facilities and installation of temporary facilities, are not subject to any refund. The estimated cost of construction is over$100,000,Applicant is required by tariff to pay actual costs upon completion of the work, which could result in an additional charge or a refund to the Applicant. a. The Refundable Advance is equal to the amount identified in section 3. Page 135 of 161 b. Refundable Advance shall be subject to refund to the Applicant for a ten- year period from the date of the original Refundable Advance payment. c. Refundable Advance shall not accrue interest. d. Refunds shall be made annually on or about the anniversary date of the original advance payment. e. Annual refunds will be based on the number of new customers at the identified lots that have directly connected to the electric distribution expansion in the prior year. The amount refunded will be equal to the estimated three-year base revenue from those customers less any additional costs to extend service to them. Base revenue is equal to estimated annual revenue, less fuel expenses and energy efficiency cost recovery charges, based on revenue received from similarly situated customers. Base revenue amounts to be applied to new customers are re- estimated each year using the most current information available, and may adjust upward or downward depending on the circumstances. f. No refunds shall be made for revenue received after ten (10)years from the date of the original advance payment. g. At no time shall the total of refunds exceed the original Refundable Advance payment. h. No refunds shall be made for customers served from a further extension of the above described electric line extension. Distribution System Expansions without end-user attachments shall not be eligible for refunds unless the following circumstances are met: If a Distribution System Expansion connected during the ten year period off of an already existing Distribution System Expansion, the Revenue Credit shall be applied to the new Expansion first. Any Revenue Credit remaining shall be applied to the connected existing Expansions provided that they have not received a full reimbursement for its Refundable Advance and are within the ten year attachment period. The Revenue Credit will continue to apply to connected existing Expansions until the Revenue Credit is either exhausted, the ten year attachment period has closed, or all Refundable Advances have been reimbursed in full. Total refunds for any Expansion shall not exceed the original Refundable Advance. 5. At the option of the Applicant, and upon payment of the Nonrefundable Contribution in the amount shown in paragraph 3, the Refundable Advance, may be postponed for a period of one to ten years upon the following conditions: a. Applicant shall provide a Surety Bond or a non-expiring Letter of Credit Page 136 of 161 satisfactory to MidAmerican Energy Company, in the amount of $352,316.74, binding Applicant's faithful performance of his obligations under this Proposal. This total amount includes interest of 7.5 percent, $24,580.24, based on the Refundable Advance required under paragraph 3. b. The bond shall be called by MidAmerican Energy Company at the end of one year from the date this Proposal is accepted by Applicant, when the earned refunds are equal to the bonded amount or when all possible refunds have been earned, less the interest, whichever occurs first. The interest shall be prorated on a daily basis if the bond is released by the Company within eleven(11) months from the date this Proposal is accepted by the Applicant. C. If, at the end of one year from the date this Proposal is accepted by Applicant, there are not sufficient earned refunds to offset the full amount of the Surety Bond, less the interest, the Applicant shall provide MidAmerican Energy Company a cash deposit equal to the amount of the Surety Bond, less refunds accumulated during the bonded period,plus the interest or, the depositor may pay the interest on the previous year's bond and re-bond for the balance due to MidAmerican Energy Company for a second of a ten-year period. Upon receipt of such cash deposit, MidAmerican Energy Company shall release the Surety Bond. The cash deposit, less the interest, shall be subject to refund by MidAmerican Energy Company for the remainder of the ten-year period commencing with the date of this agreement. 6. If the installation is underground and MidAmerican Energy Company is caused by Applicant to work during winter construction season, Applicant agrees to pay the additional costs as a Refundable Advance for all required trenching,bell holes, pedestals and transformer basements. Additional cost incurred for extra work by such conditions as obstructions or changes in grade shall be charged to the developer or applicant. 7. MidAmerican Energy Company, at its option, may install aerial electric facilities to provide temporary electric service to any lot in the development pending the completion of final grading or other permanent improvements to the premises. When such temporary electric service is furnished, the expense of installation and removal, less salvage, shall be paid by the applicant. 8. Nothing herein contained shall obligate MidAmerican Energy Company to extend its electric facilities or provide electric service to the premises or property outside the platted limits of the development. 9. Applicant shall: a. Provide MidAmerican Energy Company with check indicated in paragraph 3 or a Surety Bond in lieu of the Refundable Advance as indicated in paragraph 5. Such payment amount may be subject to change if not Page 137 of 161 submitted to MidAmerican Energy Company together with this signed Proposal by January 21, 2021. b. Grade the underground primary cable route to within four(4) inches of final grade and clear the route of construction materials, obstructions, etc. Extra costs for additional excavation beyond normal trenching operations due to unforeseen underground obstructions shall be paid by Applicant. C. Provide, without cost to MidAmerican Energy Company, such easements as are necessary and incidental to such installation and use of MidAmerican Energy Company facilities on private property within the development. If a 3rd party easement is required any cost associated in obtaining the easement will be paid by the Applicant. Applicant will stake these easements. d. Be responsible for locating and marking all privately owned systems such as water services, culverts, irrigation systems, drain pipes, septic lines, and underground wiring prior to MidAmerican Energy Company's construction. e. Provide three (3) copies of committed plat showing all platted easements. i. Be responsible for complying with all aspects of compliance as required by any local, state, or federal permit or plan associated with storm water pollution prevention or erosion control. It is specifically understood and agreed that MidAmerican Energy Company is providing the service requested by the Applicant solely for the Applicant. MidAmerican Energy Company will not become or agree to become a co-permittee or operator for the purpose of applicants' compliance with any local, state or federal permit or plan associated with storm water pollution prevention or erosion control. 10. Within the area described above, MidAmerican Energy Company will render its standard electric service to customers eligible for such service, at their request, at rates from time to time in effect, subject to the terms of MidAmerican Energy Company's electric service rules and regulations; and statutes, laws, and ordinances; and any rules or regulations promulgated by the state or federal regulatory authorities. Page 138 of 161 It is specifically understood and agreed that any distribution systems or other facilities constructed or installed by MidAmerican Energy Company under terms of this Proposal shall remain the sole property of MidAmerican Energy Company and MidAmerican Energy Company shall determine, as its own judgment indicates, the manner and method of utilization thereof and to extend the same or connect other facilities thereto and serve other customers there from as it shall see fit, subject only to such obligations as MidAmerican Energy Company shall have assumed in this Proposal; and no other person shall have any right, title, interest or claim, in or to the said distribution system or other facilities by virtue of any provision of this Proposal. Proposed this 21 st day of October, 2020 MIDAMERICAN ENERGY COMPANY BY: TITLE: Accepted this day of , 2020. APPLICANT: BY: TITLE: Page 139 of 161 j 175' In WOOD I I 45' tangent pole I 175' 45'tangent pole I I I I 3 WOOD 1 I I I I ' 175 j 45' tangent pole I I I 3 WOOD I 45' tangent pole with arresters 175' and pole wrap I I I V 3 WOOD I I I I 175' j 45' tangent pole � I I I WOOD I I 175' J 45' tangent pole 3 WOOD I I I I 175' j 45' deadend pole with 750MCM primary riser RPC410 �O�Dland group-operated riser switch FMC636. Bore two runs 325' of 6" conduit w0509 Install OH fault indicator FIC304. with 750MCM cable in one run and Install pole wrap. Switch label: "W0509" one spare conduit I� C, Railroad bore per CN requirements Under railroad tracks bore one spare 6" conduit. I R� r _ p On north side: cap spare conduit at riser pole. 000f 14 o 84146 On south side: cap spare conduit below ground outside of 000,0023„ railroad ROW and install stake to mark location. J :`9 0016025397 U S 0005940306 `p001002318 93-1-1008 000 403 1IO7C_SR 1IOAMR Bore 725' of 6" conduit with 750MCM cable 00059403Mr 0 008940342 I Q MEC \ j 000100192 05940344 0005940 3 Cl2404 00059403 5 • 150I -- I I A CB j I 0100zaas 3926 350 -_ 39640001002319 �'P 0095940308 0005940351 _ 0005940349 j _—�Q0001002—9991092316 0 3.076 w0498 393077 0ooloozaa5 0o9199z34 S • ....... ....... �...�...�. 1 06 39 45-3 W@&00232 / 3949 3937 3927 3855 720-991,1 x� 6571 \ 45' tangent pole with 750MCM primary riser RPC402 and 600A single-pole disconnect switches FMC632. Install OH fault indicator FIC304. 9919922184 5'o' Install pole wrap. I m 50 Switch label: "W0498" 1:2 P6%CONTINUOUS POLVETHELVNE I 0005940348 ((�� 33991177YSE) 30TIAN 3905' o001 822 PAVE �I 15T 72 39 MktAixierican Cust: WATERLOO AIR/RAIL PARK-LEVERSEE RD WMS REV:2802727-1 [r■vArr *•��+�R� Addr: LEVERSEE Date: 8/31/2020 ScalCrew HQ: WAT City: WT06-WATERLOO AREA 06 X= 1932702 Y= 935880 Designer:lKLINE,DAVID Job Desc:Estimate for Waterloo Air/Rail Park to extend overhead electric on Leversee Rd DISCLAIMER OF LIABILITY NOTE: This drawing reflects facilities in place at the time of its preparation and is subject to change at any time. For current facility information,please contact MidAmerican Energy Company. Further,MidAmerican Energy Company disclaims all liability and responsibility for all claims and damages including but not limited to,personal injury,death and property damage,resulting from any authorized or unauthorized use of,or reliance upon,this drawing for an purpose. Page 140 of 161 i I � i I WOOD I 45' tangent pole 175' 45' tangent pole with arresters and pole wrap I I I I I WOOD I I /5' "456tangent pole I I I I I i I I I i /175' 45' tangent pole I I I 175' III II 45' tangentpole WOOD WOOD 175' 45' tangent pole II I I I IWOOD I I /5' 45' tangent pole with arresters i and pole wrap I I I j I I III II II I 175 ' 45' taIII nge WOOD 45' tangent t pole 175' I WOOD e i I I I I 175' 45' tangent pole I I j I In WOOD i I I j 175' 45' tangent pole I I I I I WOOD i I I I j 175' 4;tannt pole with arresters I awrap I I wOOD I I I I j175' I 45' tangent pole I I I 1 Woo. PAGE Mid mm ri. Cust: WATERLOO AIR/RAIL PARK-LEVERSEE RD WMS REV:2802727-1 "ERET *•� +�R� Addr: LEVERSEE Date: 8/31/2020 Crew HQ: WAT City: WT06-WATERLOO AREA 06 X= 1932702 y= 935880 DesiScalener:lKLINE,DAVID Job Desc:Estimate for Waterloo Air/Rail Park to extend overhead electric on Leversee Rd DISCLAIMER OF LIABILITY NOTE: This drawing reflects facilities in place at the time of its preparation and is subject to change at any time. For current facility information,please contact MidAmerican Energy Company. Further,MidAmerican Energy Company disclaims all liability and responsibility for all claims and damages including but not limited to,personal injury,death and property damage,resulting from any authorized or unauthorized use of,or reliance upon,this drawing for an purpose. Page 141 of 161 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with Robert Castro Construction, originally executed July 24, 2017, adding Infill Policy incentives, in the amount of$10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/16/2020 Prepared: 11/12/2020 ATTACHMENTS: Description Type ❑ Castro DA Amend Backup Material Resolution approving an Amendment to the Development Agreement with SUBJECT: Robert Castro Construction, originally executed July 24. 2017, adding Infill Policy incentives, in the amount of$10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve amendment The City approved the Infill Development Policy for infill incentives. This Summary Statement: Development Agreement was approved in the same time frame and was inadvertently approved with the inclusion of the $5,000 refund and $5,000 Certificate of Occupancy provisions. Expenditure Required: $10,000 Source of Funds: Bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Mr. Castro has been a good partner for the City of Waterloo, building a new commercial building and is an active rehabilitation contractor for salvageable 657A houses. This project at 1606 Williston is a great rehab project for the Background Information: neighborhood, City of Waterloo, and for the 657A program as a whole. The more homes we can save, the better for existing neighborhoods. The Development Agreement was approved in July 2017 and the original Infill 657A Policy was approved in February 2017 for the incentives inadvertently missed on this Development Agreement. Legal Descriptions: NA Page 142 of 161 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, 1A.50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2020 by and between Robert Castro Construction (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated as of .July 24, 2017 (the "DA") concerning the development of property as described in the Agreement. The DA has been filed in the land records of Black Hawk County as Doc. No. 2018--13501. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sections 8 and 9 of the DA are stricken in their entirety, and the following new Sections 8 and 9 are substituted in their place: 8. Grant. As provided in the City's infill housing policy, City will pay Company a grant of$5,000.00 after a certificate of occupancy is issued following Company's completion of rehabilitation of the Property as required by the Agreement. 9. Purchase Price Refund. Within thirty (30) days after a certificate of occupancy is issued following Company's completion of rehabilitation of the Property, City will refund $5,000.00 of the Purchase Price to Company. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Page 143 of 161 Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ROBERT CASTRO CONSTRUCTION, 10 C By. Quentin Hart, Mayor President Attest.- Kelley ttest: Kelley Felchle, City Clerk Page 144 of 161 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of October 7, 2020. City Council Meeting: 11/16/2020 Prepared: ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes of October 7, 2020 Backup Material SUBJECT: Airport Board Meeting minutes of October 7, 2020. Submitted by: Submitted By: Page 145 of 161 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday October 7, 2020 I. ROLL CALL Chair Arlene Humble called the meeting to order, via Zoom, at 11:59 a.m. Board Members Present: Arlene Huinble, Gwenne Berry, Scott Voigt and David Deeds. Board Members Absent: Cary Darrah and Todd Holcomb. City Officials Present: Council Liaisons: Margaret Klein and Ray Feuss. Airport Staff Present: Keith Kaspari, Airport Director, and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel and David Hughes, AECOM. II. AGENDA AS RECEIVED OR AMENDED Mr. Deeds moved approval of the agenda as received, seconded by Mrs. Berry. Ayes: 3. Motion carried. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Voigt asked about Hertz decision to leave the airport and whether they had a contract. Discussion followed regarding car rental concessions and operations of both Avis/Budget and Hertz. Mr. Voigt asked about ARFF training and what is being done about changing out the AFFF foam in the fire trucks. Mr. Kaspari stated that we cannot discharge the foam and allow it to leach into the ground. We can discharge the foam if we experience a real aircraft emergency with an aircraft on fire. If we want to discharge foam from any of the fire trucks, it would have to be collected and tested. Mr. Voigt again questioned the cost of closing Runway 6-24 and whether it was still going to be less than $8,000. Mr. Kaspari stated out-of-pocket cost should be less than $8,000. fainted X's should be done in October, which will allow for the removal of the airport-owned Lighted X's, and the return of the rented barricades at $800 per month. Maintenance employees are working on grinding the runway markings that need to be removed. 1 Page 146 of 161 B. Monthly Planning & Development Report—NIA C. Legislative Information—NIA. D. Misc. Monthly Airport Reports Reviewed YTD budget report, Airline stats, On-Time Performance, Airline schedule and Fares. Mr. Deeds asked why Mr. Kaspari issues a press release every time the airline schedule changes. He stated passengers will find that information when they book their flights. Mrs. Berry disagreed and stated that she thinks it's a good idea to publish the upcoming schedule. Mr. Kaspari discussed the concept of possibly using the amount owed by American Airlines in exchange to assist in subsidizing a daily flight to Dallas-Fort Worth. V. BOARD APPROVAL A. Approval of Minutes of the September 2, 2020 Regular Meeting Mr. Voigt moved that the minutes of the September 2, 2020 meeting be approved, seconded by Mrs. Berry. Ayes: 3. Motion carried. B. Motion to Receive and File September 2020 Expenses Mr. Voigt moved that the September 2020 expenses be received and filed, seconded by Mrs. Berry. Ayes: 3. Motion carried. VI. OLD BUSINESS A. Update: Osprey Aviation Mr. Kaspari stated that progress is continuing on the Osprey hangar and that floors are being poured today. B. Update: FAA Grant No. 46 Mr. Kaspari stated that FAA Grant 46 was received, and approved by City Council, in early September. Construction should begin in the spring of 2021. 2 Page 147 of 161 VII. NEW BUSINESS A. Iowa DOT Aviation Bureau Grant Updates — Air Service Sustainment and Vertical Infrastructure. Mr. Kaspari stated that the FY-21 IDOT Air Service Sustainment and Vertical Infrastructure grants have been approved and forwarded to IDOT for signatures. B. Board Update Regarding Status of Agreement with Kingfisher Aviation. Board discussion centered around the ongoing frustration with the failure by Kingfisher's principals to respond to City Attorney Martin Petersen, and his numerous attempts to communicate with Kingfisher principles and to agree to language for an agreement that staff can take to the Board for initial review and approval, and eventual City Council approval; in addition to, Kingfisher's failure to schedule or complete the floor improvements that was agreed to in March 2020. The consensus of the Board was that the City Attorney should send a letter via certified mail giving Kingfisher officials 30 days to agree to language allowing staff to forward to the City Council for approval; and, start the floor work or all outstanding fees that were to be applied toward the floor improvements would be due. A Work Session to the full City Council was also discussed. Failure to agree to terms within the 30-period, could result in a termination notice being issued to Kingfisher principals. C. Notice of Verbal Discontinuation of Hertz Car Rental Operations at Waterloo Regional Airport. Continued earlier discussion of car rental operations. Mr. Kaspari communicated to the Board that Hertz is contemplating moving to a touchless concept for completing rental car transactions whereas if so, that Waterloo would like to be considered for this new rental car concept. D. Verbal and Email Notice to Airport Staff Regarding Airport Consultant, Clapsaddle-Garber Associates, on the Management of ALO's Passenger Facility Charge (PFC) Program, and Staff s Recommendation to Board moving forward. Mr. Kaspari provided background info on the PFC program. Mike Bearden, of CGA, had managed the program for the City for many years. CGA recently informed Mr. Kaspari that Mr. Bearden no longer works for CGA (and hasn't for several months - June). PFC reports to the FAA were incomplete, significantly delayed, and delinquent whereas CGA seems to have no plans to bring the work current. Mr. Kaspari stated he would like to bring this work in-house or move forward with a joint City of Waterloo and AECOM partnership going forward. 3 Page 148 of 161 E. The Board discussed the review of Iowa Airline Passenger Activity and a Snapshot of Enplanements at Iowa's Commercial Service Airports for the Week of September 20-26, with information provided by Iowa DOT's Aviation. Bureau. Board discussed enplanements for Iowa's Commercial Service airports operating in a COVID environment. Mrs. Humble pointed out that days with spikes in passenger numbers at both the Des Moines and Cedar Rapids Airports are likely Allegiant leisure travelers. She stated that Humble Travel Staff is still seeing very little business travel and this is likely to continue into 2021. F. Air Service Working Group Summary of Recent Meeting. Mr. Deeds reported on the recent meeting of the ASWG, and stated that they have enough funds donated to pay the retainer for Air Service Consultant, Volaire Aviation, through the end of the calendar year, and that the monthly fees have been reduced from $2,500 to $2,000. ASWG volunteers have reached out to American Airline's planner, who suggested a Zoorn meeting with him and other AA executives, Mr. Kaspari, Volaire and members of the ASWG simply to touch base and let AA know that our community is involved and interested in expanding our air service, when possible, especially through Dallas-Fort Worth. G. Notice by USDOT EAS Office Regarding Extension of Notice to Air Carriers far Certain Non-Completed Flights. Extended from June 30 to September 30, now to December 31 sc Mr. Kaspari stated that because ALO is a member in the EAS program, American Airlines is getting paid their subsidy by the USDOT even for non- completed flights, and that another extension has been approved through December 31, 2020, VIII. STAFF AND BOARD MEMBER COMMENT Mr. Kaspari stated that the Disaster Drill Tabletop Exercise is scheduled. for October S, 2020, and Full Scale Trierinial Disaster Drill for October 22, 2020. IX. ADJOURNMENT Hearing no objections, Mrs_ Humble adjourned the meeting at 1.20 p.m. Respectfully submitted, Arlene Hu^mCble, - liairperson#�� 4 Page 149 of 161 CITY OF WATERLOO Council Communication Board of Adjustment minutes of September 22, 2020. City Council Meeting: 11/16/2020 Prepared: 11/12/2020 ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Board of Adjustment minutes of September 22, 2020. Submitted by: Submitted By: Page 150 of 161 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON SEPTEMBER 22, 2020 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance via Zoom conferencing were: Brad Condon and Jeri Thornsberry. Board members in attendance were: John Beckman. Absent Board members were: John Chiles and April Leadley. Staff in attendance were: John Dornoff and Seth Hyberger. Staff members present via Zoom: Noel Anderson and Aric Schroeder. L Approval of the September 22, 2020 agenda. It was moved by Thornberry and seconded by Beckman to approve the agenda as amended adding decision item 4.Motion carried unanimously. It was noted by Schroeder that a 2/3"'s majority is needed to approve adding item 4 since the sign was placed at the site less than 10 days before the meeting. It was moved by Thornberry and seconded by Beckman to approve waiving the 10 day notice requirement for decision item 4 to clean up a decision item from August 25, 2020.Motion carried unanimously. II. Approval of the Minutes of the Regular Meetingon n Au ug st 25, 2020. It was moved by Beckman, seconded by Thornberry to approve the minutes of the August, 2020 Meeting as amended to correct on page 4 where it shows request by Nathan Kalala where it should state request by Franklin Clapper.Motion carried unanimously. III. Decision Items 1. Request by by Eagle Point Solar on behalf of Black Hawk County for a special permit to allow for the construction of a 420 kW AC Ground Mounted Solar Array_, within the "R-3" Multiple Residence District, located at 1407 Independence Avenue Hyberger gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the neighborhood or traffic conditions in the area. 2. The request is in conformance with the Future Land Use Map and the Comprehensive Plan. 3. The height of the solar array and fence surrounding it shall be 9' or less. Subject to the following condition: 1. That a 6' privacy fence or tree buffer is installed along the north property line to act as a buffer to residential properties to the north. Hyberger noted that a condition had been added to require a buffer between the proposed solar array and the residential housing to the north. Schroeder noted that the condition would be either for trees or for a solid fence. Condon asked the recommendation for approval should be separated with the solar array should be 9' or less and the fence 6' to which Hyberger agreed. Thornberry asked if the fence would be block or something solid to which Schroeder responded solid wood or vinyl with wood being the likely candidate. Condon asked if the x's represented trees that are going to be planted or to be removed to which Schroeder responded removed. Thornsberry asked if the type or size of tree could be stipulated to which Schroeder responded with examples of trees that may work. Beckman asked if there was any objections on file to which Hyberger answered no. Beckman asked what the brown color building was used for and if the white building was going to be removed to which Hyberger Page 151 of 161 BOARD OF ADJUSTMENT September 22,2020 answered he wasn't sure what it was being used and Schroeder responded that the white building is shown on their site plan as staying. Kent Krause from Eagle Point Solar went over the benefits of the solar array including cost savings. Condon asked what percentage of savings in energy cost will the county save to which the Krause responded it would be 100%. Beckman asked if they materials were recyclable to which the Krause stated that 80%+ of the materials are recyclable. Thornsberry asked if the type of tree needs to be specified in the motion to which Condon responded no and Schroeder responded that staff will work with the applicants to make sure the intent is met. It was moved by Beckman, seconded by Thornberry to approve the request by Eagle Point Solar on behalf of Black Hawk County for a special permit to allow for the construction of a 420 kWA C Ground Mounted Solar Array, within the "R-3"Multiple Residence District, located at 1407 Independence Avenue with the condition that a 6'privacy fence or tree buffer is installed along the north property line to act as a buffer to residential properties to the north.Motion carried unanimously. 2. Request by Matt and Stacy Reichert for variances to allow for the construction of 40' x 100' building, that includes a 40' x 401, 1,600 square foot living space (dwelling) and a 40' x 60' 2,400 square foot attached accessory structure, including a variance to have an attached accessory structure that is 800 square feet larger than the main base of the home, a variance to the two year rule that requires that a replacement home must be built within two years of the removal of the original home, and a variance to have vertical metal siding in a "A-1" Agricultural District, located west of 5605 Ansborough Avenue. Hyberger gave the staff report that recommended approval of the request for the following reasons: 1. There appears to be a uniqueness to this request due to the fact that the proposed 40' X 100' accessory structure with living quarters will be constructed in an agricultural area that is on the edge of City limits, with other similar vertical metal sided buildings in the vicinity. 2. The request would not appear to have a negative impact upon the surrounding neighborhood, and staff has not heard of any opposition to this request. Hyberger noted that no one called in opposition to the request and two people called in supporting the request. Condon asked about the size of the property, if it was the property outlined in yellow, and if that is all that they own to which Hyberger responded the property is 3 acres, it is the area outlined in yellow, and Matt Reichert the applicant stated that the surrounding property owned is by his parents and grandparents. Condon asked if the property needed to be split off to which Schroeder responded that it appears that the property was split in 1995. Beckman asked if the other buildings were still present to which Reichert responded that they were taken down in the March tornado. Condon asked about the address of 5605 to which Dornoff responded that it is the address across the street which is the nearest available addressed property to identify the location of the parcel. Thorsberry noted that under public considerations that it is stated that staff feels that this request could have a detrimental effect on the surrounding are to which Hyberger responded that that was a staff error that it would not have a negative effect. It was moved by Thornberry, seconded by Beckman to approve the request by Matt and Stacy Reichert for variances to allow for the construction of 40'x 100'building, that includes a 40'x 40' 1,600 square foot living space(dwelling)and a 40'x 60'2,400 square foot attached accessory structure, including a variance to have an attached accessory structure that is 800 square feet larger than the main base of the home, a variance to the two year rule that requires that a replacement home must be built within two years of the removal of the original home, and a variance to have vertical metal siding in a "A-I"Agricultural District, located west of 5605 Ansborough Avenue.Motion carried unanimously. 3. Request by Robert Sauls for a variance to allow for a 6' privacy fence in the front yard in an "R-2" One and Two Family Residence District located at 326 Highland Boulevard. 2 Page 152 of 161 BOARD OF ADJUSTMENT September 22,2020 Dornoff read the staff report recommending approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. There appears to be uniqueness to the request given it is on a corner lot with the home facing the longer dimension street frontage, and the fence does not extend past the front of the home to the east at 1212 Vine Street. Dornoff noted that at the September 15th, 2020 meeting of the City of Waterloo Historic Preservation Commission the commission voted to recommend that the board deny the request since the fence that was installed was not what the commission had authorized in 2016. Condon asked if they were objecting to the appearance of the fence or the location to which Dornoff noted that they were opposed due to not following their original application to the commission. Beckman noted the commission objected to the appearance to which Dornoff discussed the Design Guideline requirements for the district. Schroeder noted that the only thing that changed from their approval was the location of the fence and noted that there is no weight to the recommendation of the commission. Condon asked if the applicant moved back the fence then they would be in compliance with the historic commission to which Schroeder responded that was his understanding. Beckman asked if this happened 4 years ago why is this coming up now and how far over the line is the fence to the adjoining property line to which Dornoff stated that it is because the applicant is trying to buy property from the neighbor to make the fence he put on the neighbor's property legal and the fence is about 18 feet over. Condon asked if the cement pad in the back was also on the neighbor's property to which Schroeder confirmed. Beckman asked how this happened to which Dornoff responded that the applicant made a verbal agreement with the neighbor at 1212 Vine to allow the fence 18' feet into his property. Beckman and Condon asked if it was premature to make a decision on the fence but Schroeder noted that applicant is currently in discussions to buy that piece of property and that is a separate issue from the fence being in the front yard along Vine and if the applicant cannot make an agreement to buy the property then he will have to remove the fence. Condon asked if the applicant will need to come back and get another permit if he does buy the property since he did not have a permit to which Schroeder responded that he had a permit he just did not build it in the proper place so it is doubtful the building department will require another permit after 4 years. Condon asked if they do not approve it if they will need to remove 3 feet and if this was very common which Schroeder responded that they will need to move it back 3 feet and with corner lots creates some difficulty with fences especially if the home is addressed on the long frontage and discussed the complications of this type of situation. Thornsberry asked Beckman if he did not want the fence at all to which Beckman answered that the fence was put in the wrong location and over the property line which the board cannot rule on. Beckman asked if we need more language to which Thornsberry said that she feels that it will work. Beckman asked about procedures if it motion to approve fails to which Schroeder responded that it could come back since there is 2 members missing. It was moved by Beckman,seconded by Thornberry to deny the Request by Robert Sauls for a variance to allow for a 6'privacy fence in the front yard in an "R-2"One and Two Family Residence District located at 326 Highland Boulevard.Motion failed 1-2(Thornberry and Condon opposed). It was moved by Thornberry, seconded by Beckman to approve the Request by Robert Sauls for a variance to allow for a 6'privacy fence in the front yard in an "R-2"One and Two Family Residence District located at 326 Highland Boulevard.Motion failed 1-2(Beckman and Condon opposed—needed all three to vote yes to approve). 4. Request by Iowa Heartland Habitat for Humanity for a variance to the 35%maximum lot coverage of 1,470 square feet to allow for a total lot coverage of 39.13% or 1,674 Square feet, 4.13%or 204 square feet more than the maximum allowed, a variance to the front yard setback requirement of 20' to allow for a setback of 171, 3' less than the minimum, 3 Page 153 of 161 BOARD OF ADJUSTMENT September 22,2020 and a variance to the rear yard setback requirement of 20' to allow a setback of 51, 15' less than the minimum, located south of 434 Almond Street in a "R-3" Multiple Residence District. Dornoff gave staff report that recommended approval of the request for the following reasons: 1. Approving the request would add another single family owner occupied home in the Walnut Neighborhood. 2. Approving the request would be consistent with the Memorandum of Agreement between the City of Waterloo and the Walnut Court Coalition which encourages both the rehabilitation of existing houses and the construction of new ones. 3. Will help bring additional economic development into a neighborhood that has seen a lot of activity over the last couple of years since the Memorandum was signed. 4. There appears to be significant uniqueness to the request, as well as a lack of reasonable return, and no known negative impact of the request. Condon asked for clarification on the item to which Schroeder went over the request and the changes to the site plan since the August meeting. Condon asked if was facing the alley to which Schroeder responded that is facing Iowa Street. It was moved by Beckman and seconded by Thornberry to approve the request by Iowa Heartland Habitat for Humanity for a variance to the 35%maximum lot coverage of 1,470 square feet to allow for a total lot coverage of 39.13%or 1,674 Square feet, 4.13%or 204 square feet more than the maximum allowed, a variance to the front yard setback requirement of 20'to allow for a setback of 17; 3'less than the minimum, and a variance to the rear yard setback requirement of 20'to allow a setback of 5' 15'less than the minimum, located south of 434 Almond Street in a "R-3"Multiple Residence District.Motion carried unanimously. IV. Discussion There was no discussion items. V. Adjournment It was moved by Thornberry, seconded by Beckman to adjourn the meeting at 5:15 p.m.Motion carried unanimously. Sincerely, ,f U John Dornoff Planner I 4 Page 154 of 161 CITY OF WATERLOO Council Communication PLmning, Zoning and Programming minutes of October 6, 2020. City Council Meeting: 11/16/2020 Prepared: 11/12/2020 ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Planning, Zoning and Prograrmnuig minutes of October 6, 2020. Submitted by: Submitted By: Page 155 of 161 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. OCTOBER 6, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Patrisha Serfling and Sue Flynn Members present electronically were: Virginia Wilber, Sylvia Jackson, Cody Leistikow, Craig Holdiman, Brandon Schoborg and Eric Donat. Members absent were: None. Others present: Noel Anderson, Seth Hyberger, Tim Andera and John Dornoff—Planning Department, and 5 citizens. Others present electronically: Aric Schroeder—Planning Department and 1 Citizen I. Approval of the Agenda It was moved by Serfling, seconded by Flynn to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on September 1, 2020. It was moved by Flynn, seconded by Leistikow to approve amended minutes, amending to say that Trost was present. Motion carried unanimously. III. Financial Report August 2020 Anderson read the financial report. It was moved by Leistikow, seconded by Donat to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Hearings— Site Plan Amendment 1. Request by Mercy One for a Site Plan Amendment to the "S-1" Shopping Center District for a medical office to use existing retail stores in a shopping center located at 2206 Kimball Avenue. It was moved by Holdiman, and seconded by Flynn to receive and place on file the statement of verification at 4:04 p.m. Motion carried unanimously and Wilber declared the hearing open. Andera read the staff report recommending approval of the Site Plan Amendment with the condition that the final site plan meets all applicable city codes, regulations, etc. including,but not limited to, parking, landscaping, screening, drainage, etc., except as specifically altered by approval of the site plan amendment. Page 156 of 161 Planning and Zoning Commission October 6,2020 Donat asked the commission if he should recuse himself due to an association with an employee who will work at the new clinic but was informed since he is not a paid employee and would not receive any financial benefit from the move he should be fine voting on the item. Trost asked what the parking ratio was for retail to which Andera answered 1 parking space for every 250 feet of customer use space and Trost noted that the parking requirements are not that much different for this new use. Flynn asked about the number of handicap spaces to which Andera answered that the number of handicap spaces is part of the building permitting process. It was moved by Donat, seconded by Leistikow to close the public hearing. Motion carried unanimously. The hearing was closed at 4:13 p.m. It was moved by Trost, seconded by Leistikow to recommend approval of the site plan amendment request with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc. except as specifically altered by approval of the site plan amendment. Motion carried unanimously. B. Special Permits 1. Request by the Barry Lokeijak for a Special Permit for a religious facility locate at 525 West 5th Street in the "C-2" Commercial District. Dornoff read the staff report recommending approval of the special permit request for the religious facility, but denial of the special permit for the addition with the following conditions 1)that there be a written agreement between the DWD Investments and the church for parking, 2) that the addition be demolished and 3)that the posts for the former sign in the parking lot be removed or a sign that meets the sign regulations for a"C-2" Commercial District be installed. Dornoff also stated that staff was recommending a 4th condition that would require the applicant to hire an architect to find solutions to the concerns of the fire and building departments. Flynn asked if they came to city hall for a permit for a shed to which Dornoff responded that they started putting up the building without a permit, a building inspector put a stop work order on the project, then the applicants came to city hall requesting a permit for a shed and then it was discovered that this church never requested a special permit to hold religious meetings so they were informed that they would have to apply for a special permit for both the facility itself and the shed, which turned out to be a entranceway addition, not a shed. Wilber asked if staff had talked to the property owner that the church is using for parking and the addition is encroaching on to which the owner said they have permission to use the parking lot and build the addition but there is Zoning Ordinance and Building Code issues that go beyond having permission from the property owner. Serfling stated that she is concerned about the lack of a sprinkler and alarm systems and considers it dangerous without them and then asked why those are not required before the special permit to which Dornoff responded that they are considered separate issues from the special permit process and Anderson stated that by doing the special permit first then they know if the building can even be used for the use they are requesting before the expense of installing alarms and sprinklers which is triggered by the change of occupancy of the building. Donat stated that he is uncomfortable with the whole item since they started holding church services without a special permit then started a construction of an addition without a building permit. Flynn asked who will be required to ensure that they do what is required of them to which Dornoff answered it will be the Building and Fire Departments since it is their codes that the applicants will have to meet. - 2 - Page 157 of 161 Planning and Zoning Commission October 6,2020 Trost noted that this item is recommended to be approved contingent upon the conditions set forth being met. Margaret Theis Barnett, 714 South Street, stated that she is the one that turned them in for building the addition since her husband is a construction worker and knew that the building was not up to code. She noted that the applicants continued to work on the building after the building inspector had visited the site adding windows and doors to the addition. She also stated that parking is not adequate for the building with people attending the church have been known to park in other peoples driveways and block driveways with their cars. She also stated that the building has only one fire exit and is not safe. She further stated that they have events going on every night until 9pm at night and people are often parked two and three deep in the parking lot. Flynn asked Theis Barnett if she felt there was enough parking for the number of people attending services to which Theis Barnett tated that they do have parking on 5th but it is not enough. Holdiman asked if they are allowed to use on street parking to meet the parking requirements to which Anderson responded that generally the ordinance does not allow the use of on street parking however in older areas through the special permit process the Board of Adjustment can grant a variance to the parking requirements in these older neighborhoods, and take into consideration available on street parking. Flynn stated that she also has concerns about the parking went it snows that the number of parking spaces both in the parking lot and on the streets will be reduced creating a bigger problem for the neighbors. Flynn also asked if the applicant had been notified of the meeting time to which Dornoff responded that he attempted to call the applicant to remind them of the meeting but the phone number given was disconnected and they did not give an email. Anderson noted that the applicants were also notified at the counter and they receive a copy of the notice letter. Trost noted that with their estimated attendance that they are required to have 25 parking spaces but asked what the occupancy would be for a 4600 square foot building under building code to which Dornoff responded the Building Official was still trying to determine the occupancy number. Anderson noted that this item will go to the Board of Adjustment on the 4th Tuesday at 4:00pm in the City Council Chambers. Flynn stated that she believe that the no votes on this item had nothing to do with what was going to be in the building but had everything to do with safety questions, the neighbors, and non-compliance. Donat noted that the church will want their congregation to grow so it is vital that they deal with these issues. Paula Postel, 712 South asked if they can continue having church until this is determined to which Anderson stated yes. Postel stated that her problem was the parking and safety issues, she is afraid that there will be a fire,that the people will not be able to get out fast enough, the cars would explode and take the whole block with them. Postel stated that the existing church uses her driveway as a parking lot. Wilber stated that she feels if the building is not up to fire and building codes that creates concern and was disappointed that the applicant was not present to discuss the situation. She is also disappointed that they are holding meetings there when the building is not safe and noted that recent events have shown how dangerous and deadly this can be. It was moved by Trost, seconded by Schoborg to recommend approval of the special permit request for the religious facility, but denial of the special permit for the addition with the following conditions: 1) that there be a written agreement between the DWD Investments and the church for parking, 2) that the addition be demolished; 3) that the posts for the former sign in the parking lot be removed or a sign that meets the sign regulations for a "C-2"Commercial District be installed and 4) That the - 3 - Page 158 of 161 Planning and Zoning Commission October 6,2020 applicant hire an architect to find solutions to the concerns of the fire and building departments. Motion failed 2— 7(Holdiman, Wilber, Flynn,Donat, Jackson, Serfling, and Leistikow voting no). 2. Request by the City of Waterloo for a Special Permit for expansion of the Five Sullivan Brothers Convention Center located at 200 West 4th Street in the "C-3" Central Business District. Dornoff read the staff report recommending approval of the request. Donat asked if the existing convention center could be historical whether local or national to which Dornoff answered that the National Trust for Historic Preservation policy is that a building needs to be at least 50 years old before it becomes historical so that is at least 5 years away and while the City of Waterloo Historic Preservation Commission could declare it a local landmark, the commission generally follows the guidelines set forth by the National Trust. Flynn asked if the surrounding business owners are in favor of the project to which Anderson noted that there has been a steering committee put together by the mayor that has been discussing the project with business owners in the area. Serfling asked about the skywalks and the glass atrium on the southeast corner of the building to which Anderson explained where the skywalks go and the changes being made to the building. It was moved by Serfling, seconded by Flynn to recommend approval of special permit request. Motion carried unanimously. 3. Request by MidAmerican Energy for a Special Permit for construction of a solar farm located east and north of 3050 Burton Avenue in the"A-1" Agricultural District. Hyberger read the staff report recommending approval of the request. Flynn asked if it was a problem with the solar farm interfering with the flight path to which Hyberger answered that it should not because the array is only 9 feet tall. Matt Ott, MidAmerican Energy, noted that MidAmerican has been a leader in renewable energy for several years and has heard from customers that they wanted the company to add solar energy to their portfolio. The site is 20 acres in size that would have the panels rotate with the orbit of the sun and start construction next spring. Donat asked if snow in the wintertime would be a concern for the applicant to which Ott stated that winter is taken into consideration. Robert Quario, 861 Airline Highway stated that the proposed solar farm is located directly across the street from his house, wondered if the panels will be pointed toward his house, was concerned about the electromagnetic fields created by the solar array, afraid that the well water will be contaminated, and worried about the EMF radiating the property, and afraid that MidAmerican will pack up and leave the area contaminated when they are done with them. Quario also stated that the fence will be out his front window and he wants to see some buffering. He is further concerned that water leaves his property and goes across the street and is concerned that he will be responsible for paying for drainage. Quario was also concerned that he would be looking into a prison yard until the trees are grown. Flynn asked Quario if he received a letter to which he said yes and Dornoff noted that the letters went out on Wednesday September 21St Ott stated that they received a list of the neighbors and sent a letter out requesting land owners with questions to call him. Ott further stated that the panels will be oriented toward the east in the morning and the west in the evening and stated that the reflection would be equivalent or less to water. - 4 - Page 159 of 161 Planning and Zoning Commission October 6,2020 Adam Jablonski, Renewable Energy Director for MidAmerican stated that there will be a tree buffer to reduce the reflection of the panels. He noted that the voltage would be equivalent to the energy running through the average home. Quario asked if MidAmerican had any medical studies proving that the solar panels will not cause cancer and if they are planning to purchase the property or lease it to which Jablonski responded that they do have experts testify when they getting permits when installing high voltage lines in that it is safe however these will be low voltage and will be underground and Ott stated that the plan is to purchase the land. Ott further stated that they will run the project themselves so when the panels come to the end of life they could renew the panels or they would be responsible for decommissioning and removing the panels. Flynn asked about the life expectancy of the panels to which Ott stated approximately 25-years but they could last longer. Flynn asked if there was a history of vandalism in these types of projects to which Ott responded that they do not have a lot of experience but noted that is the reason for the fence to keep people out of the area. Serfling asked how tall the tree will be to which Ott stated that the adult trees will be 10 to 15 feet tall and be at least 3 feet when they are planted. Anderson noted that the solar panels are a 179 feet from the highway and the trees will be about 150 feet which puts them about 300 feet from Quario's home. Wilber asked Anderson to answer the question about drainage to which Anderson responded that in the tech review minutes Jaime Knutson City Engineer noted they would not be required to submit a drainage plan since there will not be hard surfacing around the solar panels but a SWPP plan will need to be submitted that would show how they plan to deal with runoff during construction. Ott noted that there is not a lot of land coverage with this type of solar project. Gary Lake, 929 West Airline Highway stated that there is a lot of if, ands and buts when it comes to this project. Also stated that the reflection off of water would blind you. Stated that it would affect wild life and the land is worthless after the solar farm is removed due to all the radiation. Also stated he was not against green energy but doesn't want it across from his house and the 3-foot trees will not do anything for the residents. Ott responded that there is underground transmission lines all across the city and that it is 370 feet from the first solar panel to the house. Flynn asked if the Gunderson's lived in the area to which Anderson responded that the planning office uses the list form the Black Hawk County Assessor to mail notice. It was moved by Schoborg, seconded by Leistikow to recommend approval of the special permit request with the following conditions: 1) that the solar array project meets all applicable city codes, regulations, etc. Including, but not limited to parking, landscaping, traffic plan, screening, drainage, etc. and 2) that trees are planted on the west and south property lines as shown on the site plan. Motion carried 8-1 (Flynn voting no). Holdiman left the meeting at 5:45pm. C. Encroachment Agreements 1. Request by Scott Ford for an encroachment agreement to allow for construction of a garage extending 3' into the right-of-way of West Donald Street located at 1661 Wakonda Drive. - 5 - Page 160 of 161 Planning and Zoning Commission October 6,2020 Hyberger read the staff report recommending approval of the request with the following conditions: 1) that the property owner bring the garage structure up to meet all necessary Building Code, City Ordinance, and other code requirements including, but not limited to, framing, electrical, footings as required, internal and external drainage systems, etc., 2) that the property owner meet the NESC standards, as determined by MidAmerican Energy, for safety of the structure located partially under the power lines in the area, including being responsible for any costs to move the lines if required by MidAmerican Energy. Wilber asked if there was any consideration for the city to vacate part of the right of way to which Hyberger answered no because of the power lines and Anderson confirmed that there is room to vacate but the issue is going to be the power lines but it can be looked at in the future. Serfling asked how close the roof is to the power lines to which Trost answered that they will be required to meet the NESC standards so it will be up the applicant to meet the requirements and Anderson noted that staff has been in constant contact with MidAmerican and they believe there is a way to make it work. Holdiman asked if the applicant had gone in for a building permit would he have been issued a permit to which Anderson said no. Scott Ford, 1661 Wakonda, apologized for not getting the permit did not think it was a big deal to build it on the easement since others had done it. Flynn asked if Ford was going to have a problem if MidAmerican tells him move the garage and wants him to be fully aware of that to which he stated it should be fine with the lines. Hyberger noted that there will need to be coordination between MidAmerican and Ford to make sure the building meets to standards but MidAmerican felt it could be workable. Ford asked why the power lines were put in so far away from the road. Ford said that he will set up one of the trusses so MidAmerican can see where they will be placed. Serfling asked Ford if anyone had talked to him about meeting the NESC standards and if necessary would have to pay for MidAmerican to move the power lines to which he said yes. It was moved by Serfling, seconded by Leistikow to recommend approval of the request with the following conditions: 1) that the property owner bring the garage structure up to meet all necessary Building Code, City Ordinance, and other code requirements including, but not limited to,framing, electrical,footings as required, internal and external drainage systems, etc., 2) that the property owner meet the NESC standards, as determined by MidAmerican Energy,for safety of the structure locatedpartially under thepower lines in the area, including being responsible for any costs to move the lines if required by MidAmerican Energy. Motion carried unanimously. VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be on November 10th, 2020. VII. Adjournment It was moved by Donat, seconded by Serfling, to adjourn the meeting at 5:56 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner 1 - 6 - Page 161 of 161