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HomeMy WebLinkAbout03/02/2015THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, March 2, 2015 5:30 PM CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. 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 Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. 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 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 156 Roll Cail. Moment of Silence. Pledge of Allegiance Keith Kaspari, Airport Director Agenda, as proposed or amended. Minutes of February 23, 2015, Regular Session, as proposed. Recognition of Bob Osgood as the March 2015 Team Member of the Month. 2015 Leisure Services Character Counts Coach and Player of the Year Awards 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 Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from Casey's General Store, 2424 Ranchero Road, Waterloo, Iowa 50701 for sale of tobacco to minor violation. Submitted By: David R. Zellhoefer, Waterloo City Attorney 3. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Metro Mart #4, 2332 Falls Avenue, Waterloo, Iowa 50701 for sale of tobacco to minor violation. Submitted By: David R. Zellhoefer, Waterloo City Attorney 4. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: 321 Dearborn Avenue, $1,908.00 319 Crescent Place, $2,723.79 Submitted By: Dennis Clark, General Manager 5. Resolution preliminarily approving plans, specifications, form of contract etc and setting date of bid opening as March 26, 2015 and date of public hearing as March 30, 2015 for the Purchase of Two (2) 1 -Ton Pickup Trucks with Dump Box and Plow Package and instruct City Clerk to publish notice of plans, specifications, form of contract etc. Submitted By: Mark Rice, Public Works Director 6. Resolution approving Order accepting Acknowledgment/Settlement Agreement and 30 day suspension of cigarette permit for Sycamore Convenience, 619 Sycamore Street, Waterloo, Iowa, for sale of tobacco to minor violation (2nd). Submitted By: David R. Zellhoefer, City Attorney 7. Resolution re -setting date of bid opening as March 12, 2015 and the date of public hearing as March 16, 2015 for parking management services, and instruct City Clerk to publish notice. Submitted By: Suzy Schares, City Clerk/HR Director Page 2 of 156 B. Motion to approve the following: 1. TRAVEL REQUESTS a. Elizabeth Andrews and Tom Klenske Class/Meeting: Transportation of Exhibit to the Waterloo Center for the Arts Destination: Tulsa, Oklahoma Dates: 3/12/15 - 3/14/15 Amount not to exceed: $960. b. Lt. Payne, Sgt. Gehrke, Inv. Girsch Class/Meeting: INOA 2015 Annual Conference Destination: West Des Moines, Iowa Dates: 3/24/15 - 3/26/15 Amount not to exceed: $876.00 c. Officers Erie, Gergen & Sgt. Richter Class/Meeting: ILEETA Training Conference Destination: Wheeling, Illinois Dates: 4/19/15 - 4/24/15 Amount not to exceed: $2,845. d. Sgt. Rasmussen & Inv. Chopard Class/Meeting: Homicide: The Investigative Challenge Destination: East Moline, Illinois Dates: 3/23/15 - 3/26/15 Amount not to exceed: $1,381.00 2. LIQUOR LICENSES a. Buzz's Bar, 1016 Maynard Avenue Class: C Liquor, Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/14/16 b. Ray's Supermarket, 1975 Franklin Street Class: B Wine, C Beer, E Liquor New Application Includes Sunday Expiration Date: 1/7/16 3. APPOINTMENTS a. James Lentfer Board/Commission: Memorial Hall Commission Expiration Date: March 31, 2018 New Appointment b. Christopher Shimp Board/Commission: Board of Adjustment Expiration Date: March 2, 2020 New Appointment 4. Recommendation of appointment of Christopher Preston to the position of Airport Maintenance Employee at Waterloo Regional Airport. Submitted By:Keith Kaspari, Director of Aviation 5. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Ray's Page 3 of 156 Supermarket, 1975 Franklin Street. Submitted By: Suzy Schares, City Clerk PUBLIC HEARINGS 2. FY 2015 Asphalt Overlay Program, Contract No. 874 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 City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, Associate Engineer 3. Riverfront Sports Park #7 & #8 Field Lighting Project 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 ordering construction. Motion to receive and file and instruct the City clerk to read bids and refer Leisure Services for review. Submitted By: Travis Nichols, Facilities/Project Manager 4. Ordinance approving a request by Nguyen & Le, LLC to vacate a platted 20' wide by approximately 110' long storm sewer easement on Lot A of Crossroads Retail Center Addition. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Nguyen & Le, LLC to vacate a platted 20' wide by approximately 110' long storm sewer easement on Lot A of Crossroads Retail Center Addition. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 5. Ordinance to approve the request by the City of Waterloo to vacate a portion of the existing 20' wide alley, located adjacent to Lots 1, 2, 9 and 10 within Block 16 of Hayes Addition, generally located northeast of Blackhawk St and northwest of West 17th Street. Motion to receive and file proof of publication of notice of public hearing. Hold Hearing -No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request to vacate a portion of the existing 20' wide alley, located adjacent to Lots 1, 2, 9 and 10 within Block 16 of Hayes Addition. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 6. Sale of City owned property generally located northwest of 1907 Black Hawk Page 4 of 156 Street to 3 Little Lambs, LLC. 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 authorizing sale and conveyance of said property for $1.00 and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving development agreement with 3 Little Lambs, LLC for said property. Submitted By: Noel Anderson, Community Planning & Development Director RESOLUTIONS 7. Resolution waiving the formal bid process to purchase a new triple combination pumper from Pierce Manufacturing in the amount of $508,584.00 for Waterloo Fire Rescue. Submitted By:Pat Treloar, Chief of Fire Services 8. Resolution approving EMS Contingency Plan Agreement with Covenant Medical Center Inc., and authorize the Mayor to execute said document. Submitted By: Pat Treloar, Chief of Fire Services 9. Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection and authorize the Mayor to execute said documents. Submitted By:Pat Treloar, Chief of Fire Services 10. Resolution approving award of contract to WRH of Amana, Iowa for the Belt Press Addition Contract #869 in the amount of $1,449,000.00. Submitted By: Larry Smith, Waste Management Services Superintendent 11. Motion approving Change Order No. 7 for a net increase of $56,571.71 for the F.Y. 2013 Street Reconstruction Program, Contract No. 832; and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, at a total cost of $7,891,085.56 for the F.Y. 2013 Street Reconstruction Program, Contract No. 832. Submitted By: Eric Thorson, PE, City Engineer 13. Resolution approving the request by Nguyen & Le, LLC to dedicate a 20' wide storm sewer easement over a portion of Lot A in Crossroads Retail Center Addition, otherwise known as 1931 Sears Street. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving Vegetation Variance Agreement between the City of Waterloo, U.S. Army Corps of Engineers, and the City of Evansdale to allow for specific and limited variance from the U.S. Army Corps of Engineers vegetation standards; and authorize Mayor and City Attorney to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer ORDINANCES 15. Amendments to Section 8-3 to comply with EPA Streamlining Rule Motion to receive, file, consider and pass for the first time an Ordinance amending the EPA Streamlining Rule, Section 8-3. Page 5 of 156 Motion suspending the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By:Larry Smith, Waste Management Superintendent 16. Amendments to Section 8-4C-4 Submission and Approval of the Post Construction Storm Water Management Plan Motion to receive, file, consider and pass for the first time an Ordinance amending the Submission and Approval of the Post Construction Storm Water Management Plan, Section 8-4C-4. Motion suspending the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By: Eric Thorson, PE, City Engineer OTHER COUNCIL BUSINESS 17. Motion to approve Change Order No. 2 from Murphy Tractor and Equipment for a net increase of $2,000.00 for the recent acquisition of Snow Removal Equipment (Front End Loader) via FAA Grant No: 43 at Waterloo Regional Airport. Submitted By: Keith Kaspari, Airport Director 18. Motion to approve Change Order #2 for the FY 2012 Phase 3 Demolition Contract of the Former Chamberlain Site with Vieth Construction of Cedar Falls, Iowa for a net increase of $2,019. Submitted By: Noel Anderson -Community Planning and Development Director 19. Motion to approve change order #1 to contract with HR Green for a Phase I Environmental Site Assessment of the former Wonder Bread Bakery building in the amount of $3,500. Submitted By: Noel Anderson -Community Planning and Development Director ORAL PRESENTATIONS 20. Motion to adjourn to Executive Session EXECUTIVE SESSION 1. Discussion of property acquisitions pursuant to Iowa Code Section 21.5(1)(j)(2015). Motion to adjourn Executive Session. ADJOURNMENT Motion to adjourn. MEETINGS 4:35 p.m. Work Session 5:05 Boards and Commission Meeting 5:10 Finance Committee Meeting PUBLIC INFORMATION Suzy Schares, CMC City Clerk/Human Resource Director Page 6 of 156 Waterloo Water Works Board of Trustees meeting minutes of January and February 2015, on file in the City Clerk's office. Page 7 of 156 City of Waterloo Finance Committee Open Invoice Report or March 02 2015 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, February 27, 2015 EFT Transactions: 615,397.01 Subtotal - as of Monday, March 02, 2015 615,397.01 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 8,334.99 1,602.00 !Bill Payment Total - Monday, March 02, 2015 625,334.00 o Counc .ntities. TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY __l 5 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 ut. Copy - Department NAME(S) AND POSITION(S): Officers Erie, Gergen, Sgt. Richter DATE: February 18, 2015 NAME OF CLASS / MEETING: ILEETA Training Conference DESTINATION: Wheeling, Illinois DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 19th, 2015 Return Date: April 24th, 2015 DATE(S) OF MEETING: April 20 -24th, 2015 PURPOSE OF TRAVEL: Lt. Cirksena is requesting to send Officers Erie, Gergen and Sgt. Richter to the International Law Enforcement Educators Trainers Association held in Wheeling, Illinois, April 20 -24th, 2015. This conference is for law enforcement trainers and educators only. It offers the latest in training and current trends in law enforcement taught by some of the most well- known educators/trainers in the country. These officers gain valuable knowledge at this conference and in turn pass this on to WPD officers throughout the year during in-service training. Gergen and Erie are department use of force instructors and Richter a firearms instructor. A city vehicle will be needed for travel. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 0.00 YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 900.00 LODGING $744.00 MEALS $1101.00 REGISTRATION $100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 2845.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-11-1100-1346 YES YES x GRANT REIMBURSABLE NO x REQUIRED CERTIFICATION NO TOTAL: $ 948.33 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO 4-4 DEPARTMENT HEAD MAYOR I APPROVE THIS TRAVEL REQUEST 34 - DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY -_1 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 iii 772, (C" Copy - Deportment NAME(S) AND POSITION(S): Lt. Corbin Payne, Sgt. Rich Gehrke, Inv. M. Girsch DATE: February 18th, 2015 NAME OF CLASS / MEETING: INOA 2015 Annual Conference DESTINATION West Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 24th 2015 Return Date: March 26th ,2015 DATE(S) OF MEETING: March 24th -26th 2015 PURPOSE OF TRAVEL: Captain Mohlis is requesting authorization to send Lt. Payne, Sgt. Gehrke, and Inv. M. Girsch to the 2015 /NOA (Iowa Narcotics Officers Association Conference, in West Des Moines, Iowa. This conference will cover the following areas; regional case highlights, case law updates, cultural awareness, Marijuana concentrations, Vehicle traps, Interdiction, Tactical Incident Debrief and DPS Intelligence Bureau resources. All three officers are currently assigned to the TCDTF. A city vehicle will be needed for this training. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $ 500.00 LODGING $ 201.00 MEALS $ 75.00 REGISTRATION $100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 876.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 292.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD 5 I APPROVE THIS TRAVEL REQUEST MAYOR 3/ /, DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FYA'G/? BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 44-6 /.3't 7» '`'' /3:13 7 6-5- 7/1/4.1 ;2' 5 7/1 yea' /�' Co. - De•artment NAME(S) AND POSITION(S): Elizabeth Andrews(Registrar) and Tom Klenske (Technician/Preparator) DATE: 2/18/2015 NAME OF CLASS / MEETING: Transportation of Exhibit to the Waterloo Center for the Arts DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Tulsa, Oklahoma DEPARTURE DATE: 3/12/2015 RETURN DATE: 3/14/2015 DATE(S) OF MEETING: 3/13/2015 PURPOSE OF TRAVEL/TRAINING: The purpose of the trip is to pick up an exhibit, Speaking Volumes, that will be on display at the Waterloo Center for the Arts in summer 2015. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 150 100 700 LODGING MEALS REGISTRATION MILEAGE/FUEL 10 TOTAL FOR ALL: $ 960 TAXI PARKING AIRFARE MISC/TOLLS 010-26-4265-1346 BUDGET LINE ITEM: Project # 26-STG. OSG x YES NO GRANT REIMBURSABLE x REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD 2it8/iS I APPROVE THIS TRAVEL REQUEST 1 e MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2015 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 ...34-0 et /3,Z744 I. 38-1 =` )27' --;44f-0Rdf c, -- Copy - Department NAME(S) AND POSITION(S): Sgt. Michael Rasmussen & Inv. Jason Chopard DATE: February 23rd , 2015 NAME OF CLASS / MEETING: Homicide: The Investigative Challenge DESTINATION: East Moline, Illinois DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 23rd, 2015 Return Date: March 26th, 2015 DATE(S) OF MEETING: March 24th -26th 2015 PURPOSE OF TRAVEL: Lt. Fangman is requesting authorization to send Sgt. Rasmussen and Inv. Chopard to Homicide: The Investigative Challenge training in East Moline, Illinois. The Training will cover Homicide, Suicide, accidental death, cold cases, Autoerotic deaths, dealing with the media, next of kin notifications, Officer involved deaths, three phases of Homicide Investigation, non -vehicular accidental deaths and unattended natural deaths. Currently Sgt. Rasmussen and Inv. Chopard are assigned to the Investigations Division. A city vehicle will be needed for this training. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $375.00 LODGING $316.00 MEALS $590.00 REGISTRATION $100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 1381.00 Rental car PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x YES NO REQUIRED CERTIFICATION TOTAL: $ 690.50 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST t fA ige lW DEPARTMENT HEAD MAYOR 212(7, DATE DATE RIVERFRONT SPORTS PARK #7 - #8 FIELD LIGHTING PROJECT February 26, 2015 Bid Tab Estimate: $145,000 Bid Security Required Bidder Bid Security Bid Amount K.W. Electric Cedar Falls, IA 5% $129,950.00 Nagle Signs Inc. Waterloo, IA o 5 /o $125,800.00 5% 5% 5% F.Y.2015 Asphalt Overlay Program Contract No. 874 February 26, 2015 Bid Tab Estimate: $3,548,451.25 Bid Security Required Bidder Bid Security Bid Amount Aspro, Inc. Waterloo, IA 5% $3,588,887.72 5% 5% 5% 5% Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-145 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR CASEY'S GENERAL STORE, 2424 RANCHERO ROAD, AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated March 2, 2015, in the amount of $300.00, in conjunction with First Violation of Iowa Code 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Casey's General Store, 2424 Ranchero Road, Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 2nd day o March, 2015. ATTEST: y Sch res, CMC City Cle k '/7 est G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-146 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR METRO MART 4, 2332 FALLS AVENUE, AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated March 2, 2015, in the amount of $300.00, in conjunction with First Violation of Iowa Code 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Metro Mart 4, 2332 Falls Avenue, Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 2nd day of March, 2015. &E, Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2015-147 RESOLUTION MAKING ASSESSMENT FOR WORK PERFORMED BY THE WATER WORKS. WHEREAS, the Board of Water Works Trustees of the City of Waterloo, Iowa, did, as provided by law, notify by written notice the property owner of the premises described below to have the repairs completed and further damage prevented, and WHEREAS, the property owner failed to comply with the order of the Board of Water Works Trustees, as by law provided, and WHEREAS, the Board of Water Works Trustees proceeded to have the work done on the premises described below, in the City of Waterloo, Iowa, to comply with Ordinance No. 1118 of the City of Waterloo, Iowa, and WHEREAS, the Board of Water Works Trustees filed with the City Clerk on the 24th day of February, 2015, a report filing claim for the repairs and preventing further damage at the below described premises and same met all the requirements of the City ordinance and have been fully completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the said report of the Board of Water Works Trustees be, and the same is hereby, approved; that the work was done under and by virtue hereby, accepted, and that the cost of said work is hereby determined to be as follows, which amount can be assessed over a ten-year period against the property: Raymond DeKarlos Scott, Owner 321 Dearborn Avenue, Waterloo, Iowa Legal Description: Located on the West 40 feet of Lot 6, Block 11, Linden Place, in the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment: $1,908.00 John D. Forehand and Ida M. Forehand, Owners 319 Crescent Place, Waterloo, Iowa Legal Description: Located on Lots Nos. Seven (7) and Eight (8) in Block No. Four (4) in Calumet Sub -Division, in the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment: $2,723.79 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved in the City of Waterloo, Iowa, said assessment shall bear interest from the date of levy of the assessment, viz: March 2, 2015, at the rate of nine (9) percent per annum until paid on all the unpaid amount of this assessment certified to the County Treasurer of Black Hawk County, Iowa, and Resolution No. 2015-147 Page 2 BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to notify the above described property owners of said property, accordingly and also instructed to certify said assessment to the County Treasurer of Black Hawk County, Iowa, to be entered upon the tax list to be collected as other taxes, as provided by law, and when collected to be credited to the Water Works Fund of said City, and assessment to be made over a ten- year period. PASSED AND ADOPTED this 2nd day of March, 2015. est G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl-rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-148 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF TWO (2) 1 - TON PICKUP TRUCKS WITH DUMP BOX AND PLOW PACKAGE AND FIXING THE DATE AND PLACE OF HEARING ON SAID PURCHASE, AS MARCH 30, 2015, AT 5:30 P.M., IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Two (2) 1 -Ton Pickup Trucks with Dump Box and Plow Package, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Two (2) 1 -Ton Pickup Trucks with Dump Box and Plow Package. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Two (2) 1 -Ton Pickup Trucks with Dump Box and Plow Package, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. Section 2. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 30th day of March, 2015, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Two (2) 1 -Ton Pickup Trucks with Dump Box and Plow Package, in the City of Waterloo, Iowa, with the taking of bids therefore. Section 3. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: Suzy chares, CMC City lerk 71/ rk, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-149 RESOLUTION APPROVING ORDER ACCEPTING ACKNOWLEDGEMENT/SETTLEMENT AGREEMENT - SECOND VIOLATION WITH SYCAMORE CONVENIENCE, 619 SYCAMORE STREET, AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Accepting Acknowledgement/Settlement Agreement - Second Violation dated March 2, 2015, to serve a 30 -day cigarette permit suspension, in conjunction with Second Violation of Iowa Code Section 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Sycamore Convenience, 619 Sycamore Street, Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 2nd day of March, 2015. 1/ AZ— r est G. Clark, Mayor ATTEST: Suzy `c ares, CMC City C erk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-150 RESOLUTION RE -SETTING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENTS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH PARKING MANAGEMENT SERVICES, IN THE CITY OF WATERLOO AS MARCH 16, 2015, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 16th day of March, 2015, for the purpose of holding a public hearing on proposed specifications, bid documents, form of contract, etc., in conjunction with Parking Management Services, for the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 2nd day of March, 2015. Ernest G. Clark, Mayor ATTEST: Suzy S. ares, CMC City Cl-rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-151 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2015 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 874. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Asphalt Overlay Program, Contract No. 874, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said preliminary plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Asphalt Overlay Program, Contract No. 874, which were preliminarily approved by Resolution No. 2015-94 on February 9, 2015, and WHEREAS, a public hearing, upon notice, was held on March 2, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Asphalt Overlay Program, Contract No. 874, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: JLID gl-tares, CMC City Crk rnest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-152 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F.Y. 2015 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 874. WHEREAS, by Resolution No. 2015-151, plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Asphalt Overlay Program, Contract No. 874, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on March 2, 2015 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 2nd day of March, 2015. Ernest G. Clark, Mayor ATTEST: Sc res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-153 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE RIVERFRONT SPORTS PARK #7 & #8 FIELD LIGHTING PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Riverfront Sports Park #7 & #8 Field Lighting Project, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said preliminary plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Riverfront Sports Park #7 & #8 Field Lighting Project, which were preliminarily approved by Resolution No. 2015-78 on February 2, 2015, and WHEREAS, a public hearing, upon notice, was held on March 2, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Riverfront Sports Park #7 & #8 Field Lighting Project, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 2nd day of March, 2015. Ernest G. Clar ATTEST: Suzy Sc ares, CMC City Cl=rk , Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-154 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE RIVERFRONT SPORTS PARK #7 & #8 FIELD LIGHTING PROJECT. WHEREAS, by Resolution No. 2015-153, plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Riverfront Sports Park #7 & #8 Field Lighting Project, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on March 2, 2015 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 2nd day of March, 2015. rnest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-155 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY -OWNED PROPERTY GENERALLY LOCATED NORTHWEST OF 1907 BLACK HAWK STREET, FOR $1.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property has been made by 3 Little Lambs, LLC in the sum of $1.00, plus costs, and WHEREAS, a public hearing was held on March 2, 2015, at 5:30 p.m. in the Harold E. Getty Council Chambers, City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to 3 Little Lambs, LLC, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on February 20, 2015, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of 3 Little Lambs, LLC to purchase real property for the sum of $1.00, and costs, be and it is hereby accepted in accordance with the Development Agreement for real property described below: Legal Description of Property Lots 1, 2, 9 and all of Lot 8 except the West 45 feet, in Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa. That part of West 17th Street located lying Northeasterly of a line drawn between the Southerly most corner of Lot 10, Block 16, Hayes Addition and the Westerly most corner of Lot 6, Block 15, Hayes Addition, and lying Southwesterly of a line drawn between the Southerly corner of Lot 1, Block 16, Hayes Addition and the Westerly most corner of Lot 5, Block 15, Hayes Addition, City of Waterloo, Black Hawk County, Iowa. Subject to the retention of a utility easement over, under and upon all. That part of an alley located lying Northwesterly of a line drawn between the Easterly most corner of Lot 10, Block 16, Hayes Addition and the Southerly most corner of Lot 1, Block 16, Hayes Addition, and lying Southeasterly of a line drawn between the Southerly most corner of Lot 3, Block 16, Hayes Addition and the Northerly most corner of Lot 9, Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa. Resolution No. 2015-155 Page 2 Option Legal Description Lot 10 in Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa. 3. That the City of Waterloo, Iowa convey said parcel of real property to 3 Little Lambs, LLC by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to 3 Little Lambs, LLC. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to 3 Little Lambs, LLC upon receipt in the sum of $1.00, and costs. PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: 1110 11111111.-- 411 Suzy Scares, CMC City Clerk Ze-e-/-7 Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-156 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH 3 LITTLE LAMBS, LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated March 2, 2015, for the sale and conveyance of City -owned property generally located northwest of 1907 Black Hawk Street, for $1.00 plus costs, for the construction of a new industrial building, adding $113,500.00 of taxable value to the site, by and between 3 Little Lambs, LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: )2Le4e "Ceeet' Ernest G. Clark, Mayor Suzy Sch City Cle ares, CMC rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-157 RESOLUTION APPROVING WAIVING THE FORMAL BIDDING PROCESS TO PURCHASE A NEW TRIPLE COMBINATION PUMPER FOR WATERLOO FIRE RESCUE, AND RECOMMENDATION OF AWARD OF BID TO PIERCE MANUFACTURING OF SLINGER, WISCONSIN, IN THE AMOUNT OF $508,584.00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the formal bidding process be waived to purchase a new triple combination pumper for Waterloo Fire Rescue, and recommendation of award of bid to Pierce Manufacturing of Slinger, Wisconsin, in the amount of $508,584.00, be and is hereby approved. PASSED AND ADOPTED this 2nd day of March, 2015. Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-158 RESOLUTION APPROVING EMS CONTINGENCY PLAN AGREEMENT WITH COVENANT MEDICAL CENTER AND BLACK HAWK COUNTY DISPATCH AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the EMS Contingency Plan Agreement dated March 2, 2015, that addresses how and under what circumstances patient transportation will be provided in a given service area, by and between Covenant Medical Center, Black Hawk County Dispatch, and Waterloo Fire Rescue, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: Suzy Sc ares, CMC City Clork est G. 'Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-159 RESOLUTION APPROVING 28E AGREEMENTS WITH EAST WATERLOO TOWNSHIP, CEDAR TOWNSHIP AND THE CITY OF ELK RUN HEIGHTS AND DIRECTING EXECUTION OF SAID 28E AGREEMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 28E Agreements dated March 2, 2015, to provide fire and emergency medical response services to townships that surround the City of Waterloo, for the period July 1, 2015 to June 30, 2016, by and between East Waterloo Township, Cedar Township, the City of Elk Run Heights and the City of Waterloo, Iowa, be and the same are hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: r,La..%) Suzy Sc ares, CMC City Cl rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-160 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO WRH OF AMANA, IOWA, IN CONJUNCTION WITH THE F.Y. 2014 BELT FILTER PRESS ADDITION, CONTRACT NO. 869, IN THE AMOUNT OF $1,449,000.00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with WRH of Amana, Iowa, in the amount of $1,449,000.00, in conjunction with the F.Y. 2014 Belt Filter Press Addition, Contract No. 869, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2015-115 after public hearing on February 16, 2015 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 2nd day of March, 2015. Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl4rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-161 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY ASPRO, INC. OF WATERLOO, IOWA, FOR THE F.Y. 2013 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 832, ACCEPTING THE WORK, AND RECEIVING AND FILING TWO-YEAR MAINTENANCE BOND. WHEREAS, Aspro, Inc. of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $7,891,085.56, in connection with the F.Y. 2013 Street Reconstruction Program, Contract No. 832, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the two-year maintenance bond be received and filed. PASSED AND ADOPTED this 2nd day of March, 2015. l Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-162 RESOLUTION DEDICATING A 20 FOOT WIDE STORM SEWER EASEMENT OVER A PORTION OF LOT A IN CROSSROADS RETAIL CENTER ADDITION, OTHERWISE KNOWN AS 1931 SEARS STREET, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following described property: Storm Sewer Easement That part of Lot A in "Crossroads Retail Center Addition" to the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of said Lot A; thence along the East line of said Lot A South 00°18' West a distance of 5.53 feet to the Southerly line of an existing Storm Sewer Easement; thence along said Southerly line South 69°43'20" West a distance of 58.62 feet to the point of beginning; thence South 11°41' West a distance of 183.30 feet; thence North 80°48' West a distance of 56.22 feet to the Northerly line of Sears Street; thence along said Northerly line Northwesterly 31.76 feet along a curve concave Southwesterly having a radius of 998.57 feet, a central angle of 1°49'20" and a long chord of North 56°22k' West 31.76 feet to the West line of an existing Storm Sewer Easement; thence along said West line North 00°23' East a distance of 6.95 feet; thence South 80°48' East a distance of 67.06 feet; thence North 11°41' East a distance of 151.67 feet to the Southerly line of said existing Storm Sewer Easement; thence along said Southerly line North 69°43'20" East a distance of 23.57 feet to the point of beginning. Containing 4,670 sq. ft. Note: The East line of said Lot A is assumed to bear South 00°18' West for this description; be and the same is hereby dedicated for storm sewer easement. PASSED AND ADOPTED this 2nd day of March, 2015. Ernest G. Clark, Mayor ATTEST: CSP J--0 Suzy Sclhares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-163 RESOLUTION APPROVING VEGETATION VARIANCE AGREEMENT WITH U.S. ARMY CORPS OF ENGINEERS AND THE CITY OF EVANSDALE, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Vegetation Variance Agreement dated March 2, 2015, to allow for specific and limited variance from the U.S. Army Corps of Engineers vegetation standards, by and between the U.S. Army Corps of Engineers, City of Evansdale, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Attorney authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: Suzy Sc ares, CM City Cl rk t G. C ark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5265 AN ORDINANCE VACATING A 20 FOOT WIDE BY APPROXIMATELY 110 FOOT LONG STORM SEWER EASEMENT LOCATED ON LOT A OF CROSSROADS RETAIL CENTER ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of Lot A in "Crossroads Retail Center Addition" to the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of said Lot A; thence along the East line of said Lot A South 00°18' West a distance of 5.53 feet to the Southerly line of an existing Storm Sewer Easement; thence along said Southerly line South 69°43'20" West a distance of 163.38 feet to the East line of an existing Storm Sewer Easement, being the point of beginning; thence along the East line of said Storm Sewer Easement South 00°23' West a distance of 112.91 feet; thence North 80°48' West a distance of 20.24 feet to the West line of said Storm Sewer Easement; thence along said West line North 00°23' East a distance of 105.22 feet to the Southerly line of an existing Storm Sewer Easement; thence along said Southerly line North 82°23'35" East a distance of 12.62 feet; thence along said Southerly line North 69°43'20" East a distance of 8.02 feet to the point of beginning. Containing 2,170 sq. ft. Note: The East line of said Lot A is assumed to bear South 00°18' West for this description; shall be, and the same is hereby vacated, subject to the following conditions: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon drainage in the area, as a new 24" storm sewer would be constructed approximately 65' to the east in a newly dedicated storm sewer easement. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 Ordinance No. 5265 Page 2 PASSED AND ADOPTED this 2nd day f March, 2015. ATTEST: Suzy Sch.res, CMC City Cler Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5265, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. Witness my hand and seal of office this 2nd day of March, 2015. SEAL Suzy Sch City Cle res, CMC k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5266 AN ORDINANCE VACATING A PORTION OF THE EXISTING 20 FOOT WIDE ALLEY, LOCATED ADJACENT TO LOTS 1, 2, 9 AND 10 WITHIN BLOCK 16 OF HAYES ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of an alley located lying Northwesterly of a line drawn between the Easterly most corner of Lot 10, Block 16, Hayes Addition and the Southerly most corner of Lot 1, Block 16, Hayes Addition, and lying Southeasterly of a line drawn between the Southerly most corner of Lot 3, Block 16, Hayes Addition and the Northerly most corner of Lot 9, Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa; shall be, and the same is hereby vacated, subject to the following conditions: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area. 4. The request would appear to meet the requirements of the Zoning Ordinance. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: Suzy Sch City Cle Ernest G. Clark, Mayor a Ordinance No. 5266 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5266, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. 2015. SEAL Witness my hand and seal of office this 2nd day of March, Suzy Scha es, CMC City Cler Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5266 AN ORDINANCE VACATING A PORTION OF THE EXISTING 20 FOOT WIDE ALLEY, LOCATED ADJACENT TO LOTS 1, 2, 9 AND 10 WITHIN BLOCK 16 OF HAYES ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of an alley located lying Northwesterly of a line drawn between the Easterly most corner of Lot 10, Block 16, Hayes Addition and the Southerly most corner of Lot 1, Block 16, Hayes Addition, and lying Southeasterly of a line drawn between the Southerly most corner of Lot 3, Block 16, Hayes Addition and the Northerly most corner of Lot 9, Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa; shall be, and the same is hereby vacated, subject to the following conditions: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area. 4. The request would appear to meet the requirements of the Zoning Ordinance. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: SuzyriarJ City Clerk Ernest G. Clark, Mayor Ordinance No. 5266 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5266, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. Witness my hand and seal of office this 2nd day of March, 2015. SEAL cs ,C c/) Su y Sc ares,, CMC City Cl rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5266 AN ORDINANCE VACATING A PORTION OF THE EXISTING 20 FOOT WIDE ALLEY, LOCATED ADJACENT TO LOTS 1, 2, 9 AND 10 WITHIN BLOCK 16 OF HAYES ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of an alley located lying Northwesterly of a line drawn between the Easterly most corner of Lot 10, Block 16, Hayes Addition and the Southerly most corner of Lot 1, Block 16, Hayes Addition, and lying Southeasterly of a line drawn between the Southerly most corner of Lot 3, Block 16, Hayes Addition and the Northerly most corner of Lot 9, Block 16, Hayes Addition, City of Waterloo, Black Hawk County, Iowa; shall be, and the same is hereby vacated, subject to the following conditions: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area. 4. The request would appear to meet the requirements of the Zoning Ordinance. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 PASSED AND ADOPTED this 2nd day of March, 2015. r est G. Clark, Mayor ATTEST: Suzy S ares, CMC City C erk Ordinance No. 5266 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5266, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. 2015. SEAL Witness my hand and seal of office this 2nd day of March, Suzy Sc a es, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5267 ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING CERTAIN SECTIONS OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That certain sections of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, is hereby amended as follows: TITLE 8 CHAPTER 3 SEWER REGULATIONS 8-3-3: DEFINITIONS: BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of water -borne pollutants. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. DISCHARGE: The introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the act. SIGNIFICANT NONCOMPLIANCE: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR § 403.3(1); B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR § 403.3(1), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR § 403.3(1) (daily maximum, Ordinance No. 5267 Page 2 long-term average, instantaneous limit, or narrative standard) that the superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the superintendent's exercise of its emergency authority under 40 CFR § 403.8(f)(1)(vi)(B)to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within forty-five (45) days after the due date, required reports such as baseline monitoring reports, 90 -day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation or group of violations, which may include a violation of best management practices, which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program. SLUG: Any discharge of water, sewage or industrial waste to the wastewater treatment facilities which in concentration of any given constituent or in quantity of flow exceeds for any period of time more than five times the average 24-hour concentration or flows during normal operation and which adversely affects the performance of such facilities. 8-3-8-2: PERMIT APPLICATION PROCEDURES: B. Individual Permit Requirements 10. Wastewater constituents and characteristics as determined by a certified analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR, part 136, and 40 CFR § 403.12 as amended, and all reports shall comply with the requirements of said regulations. Where 40 CFR, part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Ordinance No. 5267 Page 3 Pollutants", April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator. C. Discharge Permit Conditions 4. Limits, including best management practices, on the average and maximum wastewater concentration, mass or other measure of constituents or properties based on categorical pretreatment standards, state law or local limits. 8-3-16: REVOCATION OF PERMIT: A. Conditions for Revocation: Any user who violates this chapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked in accordance with the procedures of this section: 8-3B-2: ACCIDENTAL DISCHARGE; SLUG CONTROL PLAN: A. Prevention: Each user shall have the responsibility to protect the POTW from accidental discharge of prohibited materials or other regulated substances and from slug discharges. Where required by the superintendent, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's expense with detailed plans of such facility available to the city for review and approval prior to construction. Each industrial user shall notify the superintendent immediately of any change at its facility affecting the potential for a slug discharge. B. Spill/Slug Control Plan: The superintendent shall have the authority to require any industrial user to submit a spill/slug control plan when in the superintendent's judgment an accidental discharge or slug discharge from the industrial user could potentially impact the POTW. C. Plan Submittal: Each user, when required by the superintendent, shall submit a spill/slug control plan to the city describing: 1. Discharge practices, including nonroutine batch discharges. 2. Chemical storage. 3. The procedure for immediate POTW notification of any accidental or slug discharge. 4. The procedure to prevent adverse impact to the POTW from accidental spills or slug discharges, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading of operations, control of plant site runoff, worker training, building of containment structures or Ordinance No. 5267 Page 4 equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. D. Notice of Incident; Written Report Required: In the case of an accidental discharge or slug discharge, the user shall immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective action pursued. Within five (5) days following an accidental discharge or slug discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. E. Emergency Notification Procedure: A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous, accidental, or slug discharge. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. F. Penalties; Termination: If a user continues to create or experience accidental or slug discharges, the superintendent shall have the authority to seek penalties and/or terminate service to the habitual violator. (Ord. 4261, 10-6-1997) 8-3C-2: INDUSTRIAL WASTE DISCHARGES: D. Conformance Required: The industrial user shall be responsible for conforming to the requirements of the permit, including but not limited to best management practices, and shall promptly report to the superintendent any changes which could result in the need to modify the permit to have an effect on the discharge from the industrial user. 8-3C-3-1: PRETREATMENT: B. Noncompliance; Standards: The city shall annually publish, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. Ordinance No. 5267 Page 5 8-3C-3-7: REPORTING AND RECORD-KEEPING REQUIREMENTS: A. Compliance Reports: Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional. B. Periodic Reports: All industrial users required to have an individual permit shall submit to the superintendent a report indicating all flows and the nature and concentration of pollutants in the discharge from the industrial user. The report shall also include a record of all daily flows and/or pollutant loadings that exceeded the daily flow or pollutant loadings allowed by the wastewater discharge permit. The superintendent has the right to require reports as frequently as he deems necessary, but reports must be submitted at least twice annually on dates determined by the superintendent. If a user is subject to mass limitations, the report shall also indicate the mass of regulated pollutants in the user's effluent. C. Other Reports: The superintendent may require other reports from industrial users as necessary, including, but not limited to, the reports required by 40 CFR 403.12. D. Report Contents: In addition to the requirements stated in the preceding paragraphs of this section, user reports shall comply with and include all information required by 40 CFR § 403.12 and, in cases where a pretreatment standard, local limit or other standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the superintendent or applicable standard necessary to determine compliance status of the user. E. Record -Keeping: All industrial users required to have individual permits subject to the reporting requirements shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, including documents associated with best management Ordinance No. 5267 Page 6 practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include date, place, method, time of sampling, and the name of person taking the sample; the dates analyses were performed; who performed the analyses; the analytical method; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or where the user has been specifically notified of a longer retention period. Failure to maintain the records as required by this article shall create a presumption in favor of the city in any disputes regarding information that would or should have been contained in the missing records. (Ord. 4261, 10-6-1997) INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: Suzy Shares, CMC City Clerk t, Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5267, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. 2015. SEAL Witness my hand and seal of office this 2nd day of March, Suzy Shares, CMC City C erk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5267 ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING CERTAIN SECTIONS OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That certain sections of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, is hereby amended as follows: TITLE 8 CHAPTER 3 SEWER REGULATIONS 8-3-3: DEFINITIONS: BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of water -borne pollutants. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. DISCHARGE: The introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the act. SIGNIFICANT NONCOMPLIANCE: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR § 403.3(1); B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR § 403.3(1), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR § 403.3(1) (daily maximum, Ordinance No. 5267 Page 2 long-term average, instantaneous limit, or narrative standard) that the superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the superintendent's exercise of its emergency authority under 40 CFR § 403.8(f)(1)(vi)(B)to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within forty-five (45) days after the due date, required reports such as baseline monitoring reports, 90 -day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation or group of violations, which may include a violation of best management practices, which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program. SLUG: Any discharge of water, sewage or industrial waste to the wastewater treatment facilities which in concentration of any given constituent or in quantity of flow exceeds for any period of time more than five times the average 24-hour concentration or flows during normal operation and which adversely affects the performance of such facilities. 8-3-8-2: PERMIT APPLICATION PROCEDURES: B. Individual Permit Requirements 10. Wastewater constituents and characteristics as determined by a certified analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR, part 136, and 40 CFR § 403.12 as amended, and all reports shall comply with the requirements of said regulations. Where 40 CFR, part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Ordinance No. 5267 Page 3 Pollutants", April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator. C. Discharge Permit Conditions 4. Limits, including best management practices, on the average and maximum wastewater concentration, mass or other measure of constituents or properties based on categorical pretreatment standards, state law or local limits. 8-3-16: REVOCATION OF PERMIT: A. Conditions for Revocation: Any user who violates this chapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked in accordance with the procedures of this section: 8-3B-2: ACCIDENTAL DISCHARGE; SLUG CONTROL PLAN: A. Prevention: Each user shall have the responsibility to protect the POTW from accidental discharge of prohibited materials or other regulated substances and from slug discharges. Where required by the superintendent, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's expense with detailed plans of such facility available to the city for review and approval prior to construction. Each industrial user shall notify the superintendent immediately of any change at its facility affecting the potential for a slug discharge. B. Spill/Slug Control Plan: The superintendent shall have the authority to require any industrial user to submit a spill/slug control plan when in the superintendent's judgment an accidental discharge or slug discharge from the industrial user could potentially impact the POTW. C. Plan Submittal: Each user, when required by the superintendent, shall submit a spill/slug control plan to the city describing: 1. Discharge practices, including nonroutine batch discharges. 2. Chemical storage. 3. The procedure for immediate POTW notification of any accidental or slug discharge. 4. The procedure to prevent adverse impact to the POTW from accidental spills or slug discharges, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading of operations, control of plant site runoff, worker training, building of containment structures or Ordinance No. 5267 Page 4 equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. D. Notice of Incident; Written Report Required: In the case of an accidental discharge or slug discharge, the user shall immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective action pursued. Within five (5) days following an accidental discharge or slug discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. E. Emergency Notification Procedure: A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous, accidental, or slug discharge. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. F. Penalties; Termination: If a user continues to create or experience accidental or slug discharges, the superintendent shall have the authority to seek penalties and/or terminate service to the habitual violator. (Ord. 4261, 10-6-1997) 8-3C-2: INDUSTRIAL WASTE DISCHARGES: D. Conformance Required: The industrial user shall be responsible for conforming to the requirements of the permit, including but not limited to best management practices, and shall promptly report to the superintendent any changes which could result in the need to modify the permit to have an effect on the discharge from the industrial user. 8-3C-3-1: PRETREATMENT: B. Noncompliance; Standards: The city shall annually publish, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. Ordinance No. 5267 Page 5 8-3C-3-7: REPORTING AND RECORD-KEEPING REQUIREMENTS: A. Compliance Reports: Within ninety date for final compliance with applicable following pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional. B. Periodic Reports: All industrial users required to have an individual permit shall submit to the superintendent a report indicating all flows and the nature and concentration of pollutants in the discharge from the industrial user. The report shall also include a record of all daily flows and/or pollutant loadings that exceeded the daily flow or pollutant loadings allowed by the wastewater discharge permit. The superintendent has the right to require reports as frequently as he deems necessary, but reports must be submitted at least twice annually on dates determined by the superintendent. If a user is subject to mass limitations, the report shall also indicate the mass of regulated pollutants in the user's effluent. C. Other Reports: The superintendent may require other reports from industrial users as necessary, including, but not limited to, the reports required by 40 CFR 403.12. D. Report Contents: In addition to the requirements stated in the preceding paragraphs of this section, user reports shall comply with and include all information required by 40 CFR § 403.12 and, in cases where a pretreatment standard, local limit or other standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the superintendent or applicable standard necessary to determine compliance status of the user. E. Record -Keeping: All industrial users required to have individual permits subject to the reporting requirements shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, including documents associated with best management Ordinance No. 5267 Page 6 practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include date, place, method, time of sampling, and the name of person taking the sample; the dates analyses were performed; who performed the analyses; the analytical method; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or where the user has been specifically notified of a longer retention period. Failure to maintain the records as required by this article shall create a presumption in favor of the city in any disputes regarding information that would or should have been contained in the missing records. (Ord. 4261, 10-6-1997) INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 PASSED AND ADOPTED this 2nd day of March, 2015. Ernest G. Clark, May ATTEST: Suzy Scha\es, CMC City Cler CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5267, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. Witness my hand and seal of office this 2nd day of March, 2015. SEAL uzy Sch:res, CMC City Cle• k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. IOWA: ORDINANCE NO. 5267 ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING CERTAIN SECTIONS OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, That certain sections of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, is hereby amended as follows: TITLE 8 CHAPTER 3 SEWER REGULATIONS 8-3-3: DEFINITIONS: BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of water -borne pollutants. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. DISCHARGE: The introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the act. SIGNIFICANT NONCOMPLIANCE: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR § 403.3(1); B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR § 403.3(1), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR § 403.3(1) (daily maximum, Ordinance No. 5267 Page 2 long-term average, instantaneous limit, or narrative standard) that the superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the superintendent's exercise of its emergency authority under 40 CFR § 403.8(f)(1)(vi)(B)to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within forty-five (45) days after the due date, required reports such as baseline monitoring reports, 90 -day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation or group of violations, which may include a violation of best management practices, which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program. SLUG: Any discharge of water, sewage or industrial waste to the wastewater treatment facilities which in concentration of any given constituent or in quantity of flow exceeds for any period of time more than five times the average 24-hour concentration or flows during normal operation and which adversely affects the performance of such facilities. 8-3-8-2: PERMIT APPLICATION PROCEDURES: B. Individual Permit Requirements 10. Wastewater constituents and characteristics as determined by a certified analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR, part 136, and 40 CFR § 403.12 as amended, and all reports shall comply with the requirements of said regulations. Where 40 CFR, part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Ordinance No. 5267 Page 3 Pollutants", April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator. C. Discharge Permit Conditions 4. Limits, including best management practices, on the average and maximum wastewater concentration, mass or other measure of constituents or properties based on categorical pretreatment standards, state law or local limits. 8-3-16: REVOCATION OF PERMIT: A. Conditions for Revocation: Any user who violates this chapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked in accordance with the procedures of this section: 8-3B-2: ACCIDENTAL DISCHARGE; SLUG CONTROL PLAN: A. Prevention: Each user shall have the responsibility to protect the POTW from accidental discharge of prohibited materials or other regulated substances and from slug discharges. Where required by the superintendent, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's expense with detailed plans of such facility available to the city for review and approval prior to construction. Each industrial user shall notify the superintendent immediately of any change at its facility affecting the potential for a slug discharge. B. Spill/Slug Control Plan: The superintendent shall have the authority to require any industrial user to submit a spill/slug control plan when in the superintendent's judgment an accidental discharge or slug discharge from the industrial user could potentially impact the POTW. C. Plan Submittal: Each user, when required by the superintendent, shall submit a spill/slug control plan to the city describing: 1. Discharge practices, including nonroutine batch discharges. 2. Chemical storage. 3. The procedure for immediate POTW notification of any accidental or slug discharge. 4. The procedure to prevent adverse impact to the POTW from accidental spills or slug discharges, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading of operations, control of plant site runoff, worker training, building of containment structures or Ordinance No. 5267 Page 4 equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. D. Notice of Incident; Written Report Required: In the case of an accidental discharge or slug discharge, the user shall immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective action pursued. Within five (5) days following an accidental discharge or slug discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. E. Emergency Notification Procedure: A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous, accidental, or slug discharge. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. F. Penalties; Termination: If a user continues to create or experience accidental or slug discharges, the superintendent shall have the authority to seek penalties and/or terminate service to the habitual violator. (Ord. 4261, 10-6-1997) 8-3C-2: INDUSTRIAL WASTE DISCHARGES: D. Conformance Required: The industrial user shall be responsible for conforming to the requirements of the permit, including but not limited to best management practices, and shall promptly report to the superintendent any changes which could result in the need to modify the permit to have an effect on the discharge from the industrial user. 8-3C-3-1: PRETREATMENT: B. Noncompliance; Standards: The city shall annually publish, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. Ordinance No. 5267 Page 5 8-3C-3-7: REPORTING AND RECORD-KEEPING REQUIREMENTS: A. Compliance Reports: Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional. B. Periodic Reports: All industrial users required to have an individual permit shall submit to the superintendent a report indicating all flows and the nature and concentration of pollutants in the discharge from the industrial user. The report shall also include a record of all daily flows and/or pollutant loadings that exceeded the daily flow or pollutant loadings allowed by the wastewater discharge permit. The superintendent has the right to require reports as frequently as he deems necessary, but reports must be submitted at least twice annually on dates determined by the superintendent. If a user is subject to mass limitations, the report shall also indicate the mass of regulated pollutants in the user's effluent. C. Other Reports: The superintendent may require other reports from industrial users as necessary, including, but not limited to, the reports required by 40 CFR 403.12. D. Report Contents: In addition to the requirements stated in the preceding paragraphs of this section, user reports shall comply with and include all information required by 40 CFR § 403.12 and, in cases where a pretreatment standard, local limit or other standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the superintendent or applicable standard necessary to determine compliance status of the user. E. Record -Keeping: All industrial users required to have individual permits subject to the reporting requirements shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, including documents associated with best management Ordinance No. 5267 Page 6 practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include date, place, method, time of sampling, and the name of person taking the sample; the dates analyses were performed; who performed the analyses; the analytical method; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or where the user has been specifically notified of a longer retention period. Failure to maintain the records as required by this article shall create a presumption in favor of the city in any disputes regarding information that would or should have been contained in the missing records. (Ord. 4261, 10-6-1997) INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: Suzy S hares, CMC City Clerk , Mayor Ernest GCla k G. CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5267, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. Witness my hand and seal of office this 2nd day of March, 2015. SEAL Suzy •chares, CMC City lerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. IOWA: ORDINANCE NO. 5268 ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SUBSECTION C, OF SECTION 4, OF ARTICLE C, POSTCONSTRUCTION STORMWATER MANAGEMENT, OF CHAPTER 4, STORMWATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, That Subsection C, of Section Postconstruction Stormwater Management, Water Management Program, of Title 8, hereby amended as follows: 4, of Article C, of Chapter 4, Storm Public Utilities, is TITLE 8 CHAPTER 4 STORM WATER MANAGEMENT PROGRAM ARTICLE C. POSTCONSTRUCTION STORMWATER MANAGEMENT C. PC PLAN REQUIREMENTS: Every PC plan submitted to the city shall include a plan detailing the control, operation and maintenance of the proposed stormwater management facility or facilities, shall comply with standards approved by the city engineer and shall include the following: 1. Be prepared by the applicant's engineer; 2. The following statement signed and dated by the applicant: "The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant's Post -Construction Stormwater Management Plan." 3. Contact information, including the name, address and phone number of the property owner(s); 4. A map or maps indicating the following: a. The (1) (2) (3) (4) (5) location of existing and proposed: Buildings; Roads; Parking and storage areas; Utilities; Easements; Ordinance No. 5268 Page 2 (6) Contours; (7) Drainage patterns; (8) Land disturbance limits; (9) Stormwater management facilities; (10) Sediment, erosion and pollution control BMPs. b. For all developments five (5) acres or greater in size, a map of the site which extends a minimum of two hundred fifty feet (250') beyond the limits of the proposed development that indicates existing contours, surface water drainage, including streams, ponds, culverts, ditches, and wetlands; current land uses, including all existing structures; locations of utilities, roads and easements; and significant natural and manmade features. 5. A tabulation of the percentage of surface area to be adapted to various uses; 6. The stormwater management facilities constructed shall detain all on site storm water runoff equal to the differences between the total stormwater runoff generated from a 100 -year design storm as applied to the entire property, including the proposed and future, if applicable, improvements and a 5 -year design storm as applied to the entire property prior to any development. Rainfall events, up to and including 1.25" of rain, shall be released at a continuous rate over twenty-four (24) hours. 7. Hydrologic and hydraulic design calculations for the undeveloped and postdevelopment conditions for the 5 - yr, 10 -yr, and 100 -yr design storms. Such calculations shall include: a. Description of the design storm frequency, intensity, duration: b. Time of concentration; c. Soil curve numbers or runoff coefficients; d. Peak runoff rates and total runoff volumes for each watershed area; e. Infiltration rates, where applicable; f. Culvert capacities; g. Flow velocities; h. Data on the increase in rate and volume of runoff; and i. Documentation of sources for all computation methods and field test results. 8. If a stormwater management facility depends on the hydrologic properties of the soils (e.g., infiltration basins), then a report detailing the existing soil conditions and percolation test results shall be submitted. Ordinance No. 5268 Page 3 The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pit profiles shall be determined based on what is necessary to determine the suitability and distribution of soil types present at the location of the facility. The percolation test results shall be based on on-site percolation tests. The number and location of the percolation test sites shall be determined based on the soils report of the existing soil conditions and the location(s) of the proposed stormwater management facility. 9. For development occurring on a previously developed site, the PC plan shall include existing stormwater runoff discharges. 10. Multiple submissions of a PC plan shall include a summary of differences between the new PC plan and the previously submitted PC plan. D. Consideration of Facility Design and Practices: All slopes with a 3:1 ratio or greater must receive sod, seed with mat cover, fabric with rock cover, or an equivalent soil stabilization measure approved by the city engineer. BMPs utilized shall have clear citations to the "Iowa Stormwater Management Manual," latest edition, or alternative standards as approved by the city engineer. All landscaping components and soil stabilization practices shall comply with existing city zoning and stormwater erosion and sediment control requirements. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: March 2, 2015 March 2, 2015 March 2, 2015 March 2, 2015 PASSED AND ADOPTED this 2nd day of March, 2015. ATTEST: 0 Suzy Sch:res, CMC City Cle k Ernest G. Clark, Mayor Ordinance No. 5268 Page 4 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5268, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 2nd day of March, 2015. Witness my hand and seal of office this 2nd day of March, 2015. SEAL Suzy Sch:res, CMC City Cle k