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Home My WebLink AboutCouncil Packet - 9/17/2018 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, September 17, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new,livable wage jobs through a balanced economic development approach of assisting existing businesses,fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable,and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation I. At the chair/presider's discretion,you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one(1)time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item,the chair/presider will allow everyone who wishes to address the council,using the same participation guidelines found in these"general rules". 4. Although not required by city code of ordinances,oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem)discretion. The"oral presentations" section of the agenda is your opportunity to address items not on the agenda.You may speak one(1)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one(1)issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time,but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments gennane 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. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Julie Dawson, Housing Authority Director Agenda,as proposed or amended. Minutes of September 10,2018, Regular Session,as proposed. Proclamation declaring September 17-23,2018 as Constitution Week Page 1 of 132 Proclamation Declaring September 2018 as Hunger Action Month ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as October 4, 2018 and date of public hearing as October 8, 2018 for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and instruct City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 4. Request from John Warren for a waiver for a concrete driveway, located at 504 Russell Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, Interim City Engineer 5. Request from Clark Moritz for a waiver for a concrete driveway, located at 208 Letsch Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, Interim City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. P.O.Schuster Class/Meeting:Advanced Collision Investigation School Destination: Johnston, IA Dates: November 5-9, 2018 Amount not to exceed: $996.00 b. P.O. Kyle Janikowski Class/Meeting: Iowa Law Enforcement Academy Course Destination: Johnston, IA Dates:August 27 - December Amount not to exceed: $8,225.00 14, 2018 C. P.O.Jordan Helgeson Class/Meeting: Iowa Law Enforcement Academy Course Destination: Hawkeye Community College-Waterloo, IA Dates: September 10 -Amount not to exceed: $4,425.00 November 8, 2018 2. LIQUOR LICENSES a. Ali's Liquor, 1117 E.4th Street Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 9/3/2019 Page 2 of 132 b. Bamboo Ridge Campground,4550 Hess Road Class: B Wine/C Beer Renewal Application Includes Sunday Expiration Date: 9/14/2019 C. Chapala Mexican Restaurant,900 LaPorte Road Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/7/2019 d. Knights of Pythias- Furgerson Lodge#5,244 Ash Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 9/16/2019 e. Rudy's Tacos-Beer Hall- Lava Lounge,2401 Falls Avenue*Ownership Update* Class: C Liquor New Application Does not include Sunday Expiration Date: 9/27/2019 f. Three Amigo's Family Restaurant,2820 Falls Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/24/2019 3. Motion to approve recommendation of appointment of Mitze Billings, from the current Civil Service list,to the position of Building Inspections Secretary, effective September 24, 2018. Submitted By: Greg Ahlhelm, Building Official 4. Recommendation of appointment of Adam Little, from the Civil Service list,to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective September 18, 2018, pending drug test and physical. Submitted By: Steve Hoambrecker, WMS Department Director 5. Recommendation of appointment of Clinton Mott, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective September 18, 2018, pending drug test and physical. Submitted By: Steve Hoambrecker, WMS Department Director PUBLIC HEARINGS 2. Request by Deer Creek Development for a site plan amendment to the "M-2,P" Planned Manufacturing District for lot layout located west of 3301 Greyhound Drive. 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 Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Deer Creek Development for a site plan amendment to the"M- 2,P" Planned Manufacturing District for lot layout located west of 3301 Greyhound Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning&Development Director 3. Purchase of one (1)2018 Triple Combination Pumper for Waterloo Fire Rescue 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 bid documents,specifications,form of contract, etc. Resolution authorizng to proceed. Motion to receive and file and instruct the City Clerk to read bids. Page 3 of 132 Resolution awarding bid to Reliant Fire Apparatus, Inc., of Slinger, WI, in the amount of $514,666, in conjunction with the purchase of one(1) Triple Combination Pumper, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Pat Treloar, Fire Chief 4. FY 19 Wing Dike Contract No. 966 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications,form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding bid to Peterson Contractors, Inc.of Reinbeck, IA, in the amount of$560,497, and approving the contract, bonds and certificate of insurance for the Wing Dike Installation Contract No. 966, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Steve Hoambrecker, WMS Department Director 5. FY19 Wet Well Rehabilitation Contract No.907. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications,form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Waste Management Services Director for review. Submitted By: Steve Hoambrecker, WMS Department Director RESOLUTIONS 6. Resolution approving City of Waterloo City Council Rules of Procedure. Submitted By: Kelley Felchle, City Clerk 7. Resolution approving Consolidated Public Safety Communications 28E Agreement with Black Hawk County, Cedar Falls, Evansdale, Hudson, La Porte City, Dunkerton, and Gilbertville, and authorize the Mayor to execute said documents. Submitted By: Daniel J. Trelka, Chief of Police 8. Resolution approving a Development Agreement with Canterbury Court Real Estate, LLC, for the construction of a 5,320 square foot medical office building in the San Marnan TIF District, adding $1,467,730 of taxable value to site, and offering four years at 90% tax rebates, two years at 85%, two years at 80% and one year at 78%, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning&Development Director 9. Resolution approving Preconstruction Agreement with Iowa Department of Transportation in the amount of $176,179.24, for primary road improvements pertaining to the asphalt resurfacing of US 63 from Donald Street to city limits; and authorize Mayor and City Clerk to execute said document. Submitted By: Jeff Bales,Associate Engineer OTHER COUNCIL BUSINESS 10. Motion approving Change Order No. 1 for a net increase of$20,000 to KWS Electric for the CS- TSF-8155(745)--85-07 Traffic Safety Improvement at Osage Road and Dubuque Road and authorize Mayor to execute said document. Submitted By: Sandie Greco, Interim Public Works Director ADJOURNMENT Page 4 of 132 Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:30 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Housing Authority, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Civil Service Commission minutes for July 13, 2018. Page 5 of 132 CITY OF WATERLOO Council Communication Minutes of September 10, 2018, Regular Session, as proposed. City Council Meeting: 9/17/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'pice i p n.p'by; 1" mcy Approved 9/G 0/2018 ... i p o tl 3 AM ATTACHMENTS: Description Type Minutes of Sepmteniber 10, 2018 p:::laac.kup:r Mame laap Submitted by: Submitted By: Page 6 of 132 September 10, 2018 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 10, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, and Juon. Mr. Schmitt arrived at 5:35 p.m. Prayer or Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director 146481 - Juon/Amos that the Agenda, as amended, by amending Public Hearing Item #4, amending Resolution confirming approval of plans, specifications, form of contract, etc., to read, Resolution authorizing proposed repairs to sidewalk; Resolution authorizing to proceed, to read, Resolution adopting proposed resolution of necessity; and by striking, motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review, for the Regular Session on Monday, September 10, 2018, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Five. Motion carried. 146482 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, September 4, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Five. Motion carried. Proclamation declaring September 15, 2018, as Latino Heritage Day. Recognition of Carolyn Sallis for 30 years of employment. Recognition of Kim Chapman for 30 years of employment. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that he read in the Courier that the water treatment plant had overflows. Steve Hoambrecker, Waste Management Services Director, explained that the city had an unusually large amount of rain last week and the capacity of the sewer system was overwhelmed and six overflows occurred with several basement backups. What did overflow was incredibly diluted. Bruce Kaesser, CRC Apartments, commented that he would like the Mayor to extend an olive branch to Mr. Eilers who was removed from the council meeting last week. Chawne Paige, 210 Normandy Street and Curator at the Center for the Arts, invited the public to the Center for the Arts on September 13, 2018 from 10:00 a.m. to 4:30 p.m. to attend the Arts Summit which will brainstorm on how to raise awareness of the arts overall in the Cedar Valley in order to make them energizing, representative, and elevated in the community. Speakers from all over Iowa and the Midwest will be in attendance as well. A reception and gallery talk will start at 5:00. Mr. Morrissey shared that on Tuesday, September 18, 2018 at Payne AME Church at 6:30 p.m. the Smokey Row public meeting will take place. Mayor Hart explained that the City of Waterloo received federal grant dollars to fund historical September 10, 2018 Page 2 that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated September 10, 2018, in the amount of$1,798,772.56 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2018-673. 2. Resolution approving request from Terence Starks for a waiver for a concrete driveway located at 501 Lakeside Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2018-674. 3. Resolution approving request of East High School to hold their annual Homecoming Parade on September 21, 2018 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on E. 5th , Sycamore and E. 4th Streets, including a street closure of High Street from 10:00 a.m. to the starting time of the parade Resolution adopted and upon approval by Mayor assigned No. 2018-675. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Lance Dunn, Human IAPELRA Fall Johnston, IA September NTE Resources Director Conference (Iowa Public 13-14, 2018 $333.10 Employer Labor Relations Association b. Jon Martin and Matt Iowa Association of Hawkeye October 3- $600.00 Chesmore Housing Officials Community 5, 2018 Annual Classes and College Conference c. Kent Shankle, Return Gerberich Providence, September $1,290.00 Director artwork,pick up new RI 13-18, 2018 donated artwork d. SportsPlex Employees Workplace issues and Waterloo September $600.00 customer service training SportsPlex 23, 2018 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Firewater Cafe, 712 Jefferson C Liquor Renewal 8/31/2019 September 10, 2018 Page 3 Appointee Board/Commission Expiration New or Date Re-Appointment Larry Bjortomt Library Board of Trustees 06/30/2020 New David Deeds Main Street Waterloo 12/31/2018 New Redevelopment Authority Marla Edler Main Street Waterloo 12/31/2019 New Redevelopment Authority Kim Huff Main Street Waterloo 12/31/2018 New Redevelopment Authority Rick Jaacks Main Street Waterloo 12/31/2020 New Redevelopment Authority Jane Messingham Main Street Waterloo 12/31/2018 New Redevelopment Authority Tony Stammler Main Street Waterloo 12/31/2019 New Redevelopment Authority Ivan Valtchev Main Street Waterloo 12/31/2018 New Redevelopment Authority Andy VanFleet Main Street Waterloo 12/31/2018 New Redevelopment Authority 4. Recommendation of appointment of Dana Jackson from the Civil Service list to the position of Inspector/Maintenance Supervisor for the Waterloo Housing Authority effective September 17, 2018. 5. Recommendation of appointment of Kate Winston to the position of Clerk II in the Police Department effective September 24, 2018. 6. Cigarette/Tobacco Permit New Application for Kwik Stop #3, 1104 Washington Street. 7. Cigarette/Tobacco Permit New Application for Wishbone II, 201 W. 18th Street. 8. Bonds. Jessica Rucker, Main Street Waterloo Director, explained that they had several openings take place on their board and appointed these individuals to fill out the remainder of the term. Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 146485 - Schmitt/Amos that proof of publication of notice of public hearing on request by Steies Holdings, LLC to vacate, sell and convey a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street, in the amount of$2,150.92, plus filing fees, as published in the Waterloo Courier on August 31, 201, be received and placed on file. Voice vote-Ayes Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. September 10, 2018 Page 4 Mr. Morrissey questioned if the concerns about this item have been resolved. Noel Anderson confirmed. 146488 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Motion carried. 146489 - Schmitt/Amos that "an Ordinance approving a request by Steies Holdings, LLC to vacate a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Five. Nays: One (Klein). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5467. 146490 - Schmitt/Amos that "Resolution authorizing sale and conveyance of city owned property located northwest of 2022 Jefferson Street, to Steies Holdings, LLC in the amount of $2,150.92, and authorize the Mayor to execute all necessary documents", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-676. 146491 - Amos/Schmitt that proof of publication of notice of public hearing on request of Overland Group, LLC for the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive in the amount of $12,000.00, and approving a Purchase Agreement, as published in the Waterloo Courier on August 31, 2018, be received and placed on file. Voice vote- Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146492 - Amos/Schmitt that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 146493 - Amos/Morrissey that "Resolution approving the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $12,000.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-677. 146494 - Amos/Morrissey September 10, 2018 Page 5 This being the time and place of public hearing, the Mayor called for written and oral comments. Jacob Barnhart, 1400 W. Ridgeway Avenue, explained that a water main valve located in the front of his residence had not been properly connected and the Water Works disconnected the water so that he could change the valve but the cap on the valve could not be replaced because it was too rusted. He was later notified that the valve needed to be lowered to prevent a tripping hazard along the sidewalk, and that he would be responsible for the cost. He contacted the city and was told that he could repair it himself and that the city would come out to reassess upon completion. He notified the city that the repairs were complete, but did not hear back and now he has received a notice that he still owes the $400 repair bill even though he made the repairs himself. Mayor Hart directed Mr. Barnhart to meet with city staff following the hearing to take care of his issue. 146496 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146497 - Morrissey/Amos that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-679. 146498 - Morrissey/Amos that"Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-680. Mayor announced that the public hearing for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958 has been cancelled due to no bids received. RESOLUTIONS 146499 - Schmitt/Amos that "Resolution approving temporary, parking prohibited signs on the northeast side of Lafayette Street from E. 2nd Street to Mullan Avenue",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-681. 146500 - Schmitt/Amos that "Resolution authorizing the next phase of construction on University Avenue from Greenhill Road to Midway Drive, and authorizing City Staff to begin condemnation proceedings to allow for September 10, 2018 Page 6 Mr. Amos commented that after the work session and speaking to the Mayor and Noel Anderson he supports of moving the project to the west next. Mrs. Juon commented that she supports moving the project to the west next with to conditions which include using condemnation and making certain that the east portion is equally developed. Mr. Schmitt commented that this is a great example of the business community reaching out to help change the conversation and complemented staff on their willingness to make these changes. Mr. Morrissey commented that he supports undertaking construction on the east section rather than the west and listed several reasons, which include, public safety, construction timelines, potential cost savings, and avoiding the condemnation process. Mr. Jacobs explained that several business owners favor moving construction to the west section and thanked Noel Anderson for his willingness to listen and move the project. He commented that he is committed to fully completing the east section as originally presented and does not support spending money on the roundabout at Greenhill. Mrs. Klein commented that she lives on the far west side of Waterloo by this construction project and that she and her neighbors want to see a grocery store and businesses come back to this section. She stated that she supports moving the project to the west. Resolution adopted and upon approval by Mayor assigned No. 2018-682. 146501 - Schmitt/Amos that"Resolution approving a Permanent Drainage and Utility Easement Agreement in the amount of $29,000, with Nisvet Covic and Fikreta Dervisevic, in relation to the Delane Creek Drainage Basin Improvements Project, located at 2802 Delane Avenue", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-683. 146502 - Morrissey/Amos that "Resolution approving acceptance of 2019 GTSB Highway Safety Grant in the amount of $50,900 for impaired driving enforcement',be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-684. 146503 - Morrissey/Amos that "Resolution approving a Professional Services Agreement with Ritland+Kuiper Landscape Architects, of Waterloo, Iowa, in an amount not to exceed $9,500, in conjunction with the reconstruction of Franklin Street, from E. 1 st Street to E. 6th Street, as part of the FY 2019 Street Reconstruction Program, and authorize the Mayor to execute said document', be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-685. September 10, 2018 Page 7 that"Resolution approving a Consulting Services Agreement with Ecoengineers, in an amount not to exceed $11,850, for a preliminary Biogas to RNG Offtake Market Analysis, and authorize the Mayor to execute said document",be adopted. Roll call vote-Ayes: Six. Motion carried. Steve Hoambrecker explained that biogas is generated and that this item allows to study the potential for generating revenue by selling biogas. David Dryer, 3145 W. 4th Street, questioned the need to spend money on the analysis and commented that methane gas can be used for heating rather than natural gas,resulting in a savings. Steve Hoambrecker explained that gas generated at the plant is part methane and part carbon dioxide and to make it pipeline quality it needs to be 98-99% methane and remove the hydrogen-sulfide. This would be a large investment for the city and the study would help determine if this is a feasible capital project for the city. Bruce Kaesser, commented that he is concerned about the environmental impact of the project. Steve Hoambrecker explained that currently the gas is burned off at both locations and a better environmental impact can be achieved by converting it to usable gas. John Sherbon, 1715 Robin Road, explained that he supports this item. Mr. Morrissey questioned if the city can partner with the Black Hawk County Landfill to capture methane emitted from the landfill. Steve Hoambrecker explained that he has not had a conversation of with Black Hawk County Landfill but can in the future and that they have the potential to do this as well. Resolution adopted and upon approval by Mayor assigned No. 2018-687. 146507 - Klein/Amos that "Resolution approving City/State Funding Agreement for Federal-Aid Swap Funding, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, as part of the Department of Transportation's City Highway Bridge Program, in the amount of$1,000,000, and authorize the Mayor to execute said document",be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey questioned the impact of the down portions of Sink Creek. Jamie Knutson, Interim City Engineer, explained that between Hammond and Orange Road the box culvert under Orange Road is rated for a 50 year flood and it will not change the amount of water flowing to Cedar Terrace. Resolution adopted and upon approval by Mayor assigned No. 2018-688. OTHER COUNCIL BUSINESS 146508 - Amos/Morrissey .1 1 -1 - 1 1.T r r September 10, 2018 Page 8 that Change Order No. 1 for a net increase of $47,371, for the FY 2017 Northeast Industrial Park Site Grading, Contract No. 926, be received, placed on file and approved. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT 146510 - Morrissey/Amos that the Council adjourn at 6:45 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring September 17-23, 2018 as Constitution Week City Council Meeting: 9/17/2018 Prepared: 8/28/2018 REVIEWERS: Department Reviewer Action Date Mayor ()f ice Westphal, Michelle App)roved 8/28/201 ... 11 47 lG.M t`11erk Office i p igby, 1" a:-�cy App)roved 9/i 0/2018 ... 9.56 AM ATTACHMENTS: Description Type 13u-o la i-na tion t:'r nstiiftitioru Week: Covet Melal r Submitted by: Submitted By: Mayor Quentin Hart Page 15 of 132 crrY cw W__A AP4L IOWA PROCLAMATION WHEREAS, September 17, 2018, marks the two hundred thirty-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of September 17 through 23,2018, as 'C0#0NST=0N Y&EK In Waterloo,Iowa,and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 17t"day of September 2018. ATTEST: II I kwo kelley McKie Quentin Hart City Clerk Mayor CITY OF WATERLOO Council Communication Proclamation Declaring September 2018 as Hunger Action Month City Council Meeting: 9/17/2018 Prepared: 9/10/2018 REVIEWERS: Department Reviewer Action Date Mayor ()f ice Westphal, Michelle App)rove(l 9/G0/201 5:20 PM ..,11erk Office Ifigby, 1au-�cy Apip)roved 9/i 1/2018 9. 28 AM ATTACHMENTS: Description Type D 13u-oelai-nation I lurq.?,er A.ctimMoii,ith Covet Melalo Submitted by: Submitted By: Mayor Quentin Hart Page 17 of 132 CTT Off` XfXrEnOO, 1OX(A PROCLA"TION 19HUXASO hunger and poverty are issues of grave concern in the United States and in the city of Waterloo; and WHA► 'M, the City of Waterloo is committed to taking steps to raise awareness about the need to combat hunger in every part of our state and to provide additional resources that citizens of Waterloo need; and 1WHF-f mm' the City of Waterloo is committed to working with the Northeast Iowa Food Bank in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and 19HMM, nearly 19,000 individuals in the Cedar Valley rely on foodprovided by the Northeast Iowa Food Bank and member agencies annually; and XfHmm' the Northeast Iowa Food Bank distributed more than 6.7 million meals to member agencies, programs and food banks in our region in fiscal year 2018; and 9HMM, food banks across the country including the Northeast Iowa Food Bank will host numerous events throughout September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. NOW, THEIWXORE, I, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim September 2018 as: HUNGER ACnON MOM IN WftESS IANMOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo,Iowa to be affixed this 17 tb day of September 2018. ATTEST: CITY OF WATERLOO Council Communication Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 9/17/2018 Prepared: 9/10/2018 REVIEWERS: Department Reviewer Action Date (`11erk Office p p ig))y, 1" aaa�cy approved 9/i 0/2018 ... 1]-i O AM ATTACHMENTS: Description Type lC xhil[-)4 A. Baacicaa:p:p Materaap SUBJECT: Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Cleric Page 19 of 132 EXHIBIT A Weed Parcel Number Address Sewer Storm Garbage Sidewalk Removal 1 8913-25-377-008 328 W 14`h Street $34.64 2 8913-25-180-013 1211 Sycamore Street $34.64 3 8913-24-410-001 200 Merriman Street $34.64 4 8913-17-477-019 1930 Castle Street $81.94 $16.91 $99.72 5 8913-24-163-014 427 Argyle Street $52.25 $10.08 $38.50 6 8913-12-377-010 4015 Niles Street $93.63 $11.78 $$27.83 7 8913-25-452-007 1815 Commercial Street $252.70 8 8913-35-236-002 1206 Hawthorne Avenue $10.18 $25.89 $38.78 9 8913-26-476-014 805 W 8`'Street $11.32 $7.06 $11.60 10 813-25-278-007 415 Linden Avenue $77.54 $28.73 $65.14 11 8913-13-456-014 424 Peek Street $44.89 $8.66 $33.08 12 8913-13-131-001 2756 E 4' Street $105.93 $23.10 $36.16 13 8913-28-127-020 1133 Littlefield Road $38.78 $14.89 $26.88 14 8913-15-277-020 244 McKay Avenue $81.29 $37.26 $91.69 15 8913-27-484-005 209 Home Park Blvd. $101.03 $21.17 $91.01 16 8912-30-455-002 2706 Lafayette Street $144.88 $27.95 $106.76 17 8913-35-134-007 925 Vermont Street $15.20 $17.05 18 8913-14-380-006 727 Kern Street $39.42 $7.61 $29.05 19 8913-28-129-019 1290 Sheerer Avenue $73.55 $12.33 $82.95 20 8913-33-407-006 709 Jane Street $24.23 21 8913-23-202-007 425 Riehl Street $84.45 $10.17 $68.45 22 8913-36-326-029 1620 E Mitchell Avenue $46.72 $7.33 $28.00 23 8813-07-376-008 4733 Edgebrook Drive $70.15 $12.60 $119.17 24 8913-21-452-005 808 Hanna Blvd. $306.05 25 8913-25-203-001 310 Independence Avenue $263.00 26 8912-30-302-019 127 Dearborn Avenue $229.94 27 8912-30-132-002 140 Polk Street $1,092.65 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as October 4, 2018 and date of public hearing as October 8, 2018 for the FY 2019 Sidewalk Repair Assessment Program- Zone 8, Contract No. 958, and instruct City Clerk to publish notice. City Council Meeting: 9/17/2018 Prepared: 9/10/2018 REVIEWERS: Department Reviewer Action Date p:^nng;'iieerpng K niasobrm, gaam'pe Approved 9/10/:018 ... 3:44 P t.`Ileap Office p pig by, 11tanamcy Re eel.ed 9/11/2018 ... 9.25 Aye p:^nmg;'rneerpnmgg$ p pa}npay, 71tanamcy Re pee ed 9/11/20](S ... 9-.25 A E nig pame¢%rirc g$; Ross, ''Ira6aa Approved 9/11/20](S ... 9-.26 A Eraa prneeri ng H ig by, Naanwy Approved 9/p p/201 ... 9;28 A Clea lk: OfIlee p p pgnlby, Nmcy Approved 9/11/2018 ... 9:28 A. Resolution approving preliminary plans, specifications, form of contract. etc. and setting date of bid opening as October 4, 2018 and date of public SUBJECT: hearing as October 8. 2018 for the FY 2019 Sidewalk Repair Assessment Program- Zone 8, Contract No. 958, and instruct City Clerk to publish notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office. Source of Funds: Property owner assessments This project was previously out for bid and no bids were received. It is important that the City completes the sidewalk repairs in a timely fashion. Background Information: The completion date was selected based on conversations with potential bidders who indicated that a spring completion date would allow this project to be completed as soon as possible. Some work is expected to be completed this fall. Page 21 of 132 CITY OF WATERLOO Council Communication Request from John Warren for a waiver for a concrete driveway, located at 504 Russell Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 9/17/2018 Prepared: 9/10/2018 REVIEWERS: Department Reviewer Action Date I: nmg'ii cn•inng KnnLIISOr1, Iame Approved 9/ 0/.2018 ... -44 PM (..,11;rk t.1p'pnce 1gi115g") , 114amy Approved 9/10/:018 ... 3.48 P ATTACHMENTS: Description Type I..)W V"ai vei 504 Riiiwsellid Covet Menio Request from John Warren for a waiver for a concrete driveway, located SUBJECT: at 504 Russell Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 504 Russell Road. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Descriptions: RIDGEWAY HEIGHTS LOT 23 Page 22 of 132 WAIVER Gate: 9/'/-7 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (c®ncret&..or asphalt) (Address) This waiver is needed because of: i special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick , stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City j Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars $7.00)"or the purpose of recording this agreement. 3 Respectfully submitted Printed blame of Property Owner Sig acture o rop rty Owner 7'A Page 23 of 132 CITY OF WATERLOO Council Communication Request from Clark Moritz for a waiver for a concrete driveway, located at 208 Letsch Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 9/17/2018 Prepared: 9/11/2018 REVIEWERS: Department Reviewer Action Date p:^nmgpnmc-•nng KnnLIISOr1, Ian-n Approved 9/p 1/2018 .. p0-49 AM (..,11;rk Oi%ince Ili25g") > 114armcy Approved 9/11/2018 ... X0.52 AM ATTACHMENTS: Description Type I..)W V"i✓imMn- 208 p,ctsdi lZd Covet Menlo Request from Clark Moritz for a waiver for a concrete driveway located SUBJECT: at 208 Letsch Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 208 Letsch Road. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Descriptions: AUDITOR WHITNEY ROAD PLAT CASTLE HILL WATERLOO N 140 FT W 125 FT E 150 FT S 1/2LOT 32 Page 24 of 132 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at " concrete r asphalt) ze- (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). V elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: I To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner mature of Property Owner Page 25 of 132 CITY OF WATERLOO Council Communication Motion to approve recommendation of appointment of Mitze Billings, from the current Civil Service list, to the position of Building Inspections Secretary, effective September 24, 2018. City Council Meeting: 9/17/2018 Prepared: 9/11/2018 REVIEWERS: Department Reviewer Action Date 13:nnpm:iirng Depa:mfi nernd IIpggby, 1Vamcy ReJecded 9/11/201 .. p p-00 AM 11uRding t.�epa:rfinennd Shepard, ("yiAhina Approved 9/11/2018 x:20 AM ip:mnpdkig p: epamm• innennd Nhlhehi, Greg Approved 9/11/2018 ... p p-.30 AM �:`Ilcrp ()ff'waa i pm}ni�y, Namrrmcy Approved 9/11/2018 ... 11-.39 M ATTACHMENTS: Description Type Bldg, Sec Docs Covc.r Me rn-io Motion to approve recommendation of appointment of Mitze Billings. from SUBJECT: the current Civil Service list; to the position of Building Inspections Secretary, effective September 24, 2018. Submitted by: Submitted By: Greg Ahlhelm, Building Official Recommended Action: Approve the appointment of Mitze Billings to the position of Building Inspections Secretary, effective September 24, 2018. Expenditure Required: Building Inspections Secretary salary and benefits. Source of Funds: Building Inspections budget Page 26 of 132 PERSONNEL REQUISITION FORM RECEIVED APR 4 2010 Check as applicable: X To start recruiting or civil service process and/or X To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Secretary Department: Building Inspections Department Reports To: Greg Ahlhelm Work Location: Building Inspection Department Employment Status: X Regular Full Time ❑ Temporary Full Time from to ❑Regular Part Time ❑Temporary Part Time from to ❑Regular 7-Month [❑ Intern/Co-op Student from to Type of Position. Recommended Recruitment Sources: Civil Service Position: X Yes ❑ No ❑ Internal Posting Only Bargaining Position: X Yes ❑No X Internal Posting and External Advertising Bargaining Group: Teamsters Non-bargaining Position: ❑ Yes ❑No Complete the following if the requisition is to fill a vacancy: ❑ New Position or X Replacement Position for: Joyce Craft- Secretary (Specify name and title of former incumbent) If replacement, former incumbent: X Retired/Resigned/Terminated ❑Transferred ❑ Promoted Date incumbent terminated employment: April 27, 2018 Date of final payout: Anticipated start date: No. of hours/week: 40 Work schedule: 7:30-4:30 Justification of need for position: Shares responsibility of processing all types of mechanical, sign&building permits and licensing of contractors;generates monthly reports for permits;handles payroll for this department&the Maintenance Dept.; updates the Tap Database for sewer measurements&kills; shared responsibility of daily deposits&reports required, as well as general clerical duties,including correspondence,taking minutes for board meetings; ordering off ice supplies,answering phones and interaction with the general public. What are the likely consequences if the position is not filled? Not filling this position would greatly impede the speed& process that assists contractors and the public,as well as assistance for staff employees.. APPROVALS Annual salary requirements: Hourly Rate: $21.98 Benefits: (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for thiss and fu FYs? X Yes ❑No If no,how will position be funded? Approved subject to t fo co ditions: Submitting Department Head Date MayorDate Chief " ancial Officer Date Human Resources Director al�lti°izf 43 9 /�"x Human Resources Committeikhairperson Date Created 6/30/2017 Page 27 of 132 CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SECRETARY Current vacancy is inBuilding Inspechos Department DEPARTMENT BUILDING INSPECTIONS,ENGINEERING SALARY $20.98/hour with$1.00 increase after 6 month probation; 2.75% inc 711118 FLSA NON-EXEMPT CIVIL SERVICES INCLUDED BARGAINING UNIT TEAMSTER'S LOCAL#238 GENERAL STATEMENT OF DUTIES Under the general direction of the department head or designee, using independent judgement, provides secretarial and record keeping support. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS 7. Prepares and maintains office files and records. (Illustrative Only) These functions are considered essential for successful 8. Prepares and submits to Finance Office performance in this job classification. payment vouchers, purchase orders and other financial documents. 1. Prepares and types on a personal computer using the applicable software, letters, memos, 9. Prepares and submits to Clerk's Office accounting records, legal reports, and biweekly payroll documents and audits statistical reports from rough draft and benefits records for department employees. dictation equipment and composes documents for review, as directed by supervisor. 10. Orders office supplies. 2. Assists in preparation of agendas and minutes 11. Operates personal computer, calculator, for various meetings. dictation machine, fax machine and other office equipment. 3. Assists with preparing and typing department budget, sales tax and OSHA reports. 12. Communicates with and maintains effective working relationships with supervisors, 4. Handles incoming and outgoing coworkers and the public. correspondence and distributes department mail. 13. Makes decisions in accordance with department policies and established 5. Greets the public, assists in answering regulations. incoming department phone calls, provides information based on knowledge of department 14. Works independently and with others with and City policies, regulations and procedures minimum supervision. or directs questions to proper person; may answer radio dispatch from employees in the 15. Works under strict time constraints. field. 16. Attends work regularly at the designated place 6. Performs minor bookkeeping and financial and time. record keeping. Page 28 of 132 17. Performs all work duties and activities in 8. Ability to assist the public in a kind, courteous, accordance with City, department and OSHA and respectful manner including under policies,procedures and safety rules, stressful circumstances. 17. Performs other duties as assigned by a 9. Ability to write legibly, prioritize work, supervisor or designee. produce a quality work product within strict time lines and handle multiple tasks. Duties Specific to Buildine Inspections Performs a variety of secretarial and clerical tasks 10. Ability to work independently and with others including but not limited to the following: processes with minimum supervision and to direct the purchase orders and pay vouchers; types reports work of other employees. and correspondence on personal computer for Building Official, Plan Review Specialist and 11. Ability to exercise independent judgment and Inspectors; assists in compiling information for and to make decisions based on department typing budget documents; assists in answering policies, City codes and established telephone; assists customers at front counter; types regulations. minutes from general contractors board meetings; required to learn permit system software; assists 12. Ability to establish and maintain effective full time secretary as needed; other duties as assigned by department head. working relationships with supervisors, coworkers and the public. REQUIRED KNOWLEDGE &ABILITIES 13. Ability to work with people from a broad 1. Knowledge of Microsoft Office software, in variety of social, economic, racial, ethnic and particular Word and Excel (testing of skills educational backgrounds. may be required if being considered for position) and must be able to learn specialized ACCEPTABLE EXPERIENCE & TRAINING Building Inspections software. 1. High school graduate/GED with minimum one year business clerical, secretarial, bookkeeping 2. Thorough knowledge of clerical functions, or other closely related experience in an office office procedures, terminology and equipment setting; prefer additional education beyond including personal computer. high school in business clerical, accounting or closely related field. 3. Ability to type fifty (50) words per minute net OR of errors (verification of typing speed required). Any equivalent combination of experience and education that provides the knowledge, skills 4. Ability to perform general office services, learn and abilities necessary to perform the essential specialized computer software, develop functions of the position. computer-generated reports and keep accurate, thorough and updated records. 2. Skilled in use of personal computer and Microsoft Office software (verification of 5. Ability to collect, analyze and present data skills through testing arranged by the City of from computerized reports in organized and Waterloo Human Resources Office may be understandable form. required). 6. Ability to answer questions and provide 3. Detail-oriented and accurate. information to the public in person and over the telephone in a clear, concise and easily ESSENTIAL PHYSICAL ABILITIES understandable manner. The following physical abilities are required with or without reasonable accommodation. 7. Ability to multitask and deal with multiple interruptions. 1. Sufficient clarity of speech and hearing that permits the employee to communicate effectively. Page 29 of 132 2. Sufficient vision and manual dexterity that WRITTEN EXAMINATION permits the employee to operate personal In the event the City of Waterloo receives resumes computer and other office equipment, handle from more than thirty (30) qualified applicants who files, computer printouts and other papers. have submitted verification of ability to type a minimum of fifty (50) words per minute net of 3. Sufficient personal mobility that permits the errors, we reserve the right to require these employee to perform receptionist, telephone, applicants to participate in a written examination personal computer or related secretarial designed to test knowledge of clerical skills. The top functions and respond to requests from the twenty scores on the written examination will be public for information. invited to the oral examination,but, in no case will a candidate be allowed to proceed in the testing MISCELLANEOUS without receiving a minimum score of at least 70% 1. The City of Waterloo will conduct a background investigation including a review of on each portion of the written examination. In the event a written examination is necessary, the education,past employers and references. written examination will be worth 40% of the total 2. Required to submit to and pass Civil Service score with the oral examination being worth 60% of panel interview. May be required to participate the total score. in written examination depending on number of qualified candidates. Typing verification must be received by a time and date to be determined. Candidates who apply will be WORK SCHEDULE sent a document to take to the testing service. A Generally 7:30 a.m. to 4:30 p.m. Monday through document provided by the testing service will be Friday with one hour unpaid lunch, although hours accepted as long as it verifies ability to type at least 50 may vary depending on specific department needs, words per minutes net of errors, the test is a least a with earliest starting time being 7:00 a.m. The City of five-minute test and the date of the test and the test Waterloo reserves the right to change these hours administrator are listed on the document. The within the guidelines of the Teamsters contract. verification must be obtained within the last year from Limited overtime. Iowa Workforce Development or an accredited educational institution or employment service. EXAMINATION INFORMATION Testing done by a private employer will not be Qualified applicants who apply by the deadline date accepted. will be required to appear before an oral examination panel consisting of a minimum of three people who Typing verification must be received directl from have expertise in the areas being tested. An individual the testing service. Typing verification submitted must receive a minimum average score of sixty points by the candidate will not be accepted. out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by ORAL EXAMINATION DATE their scores on the oral examination will be the Qualified applicants who apply by the deadline date individuals placed on the certified list. Applicants who will be notified of the time, place and date of the qualify as outlined and are full time regular employees examination. of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five A.A./E.E.O. points added to their final score. Honorably discharged men and women from the military or naval forces of Minority,female & disabled individuals are the United States who qualify per provisions of encouraged to apply. Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. SECRETARY DESCWTION 18 April 2018 Page 30 of 132 PERSONNEL REQUISITION {Secretary) The following questions are provided as guidelines to assist you in developing your rational for the position of Secretary in the Building Inspection Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Processing permits; record retention; computer use; interaction with public at the counter and with phone calls; building inspections & building maintenance payroll; contractor licensing; monthly reports; billings; typing department correspondence; and scanning documents into laserfiche. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Although some aspects of each secretarial job duties are similar,this position is responsible for many other tasks that would burden a reduced staffing level and slow our review/permit process greatly if combined. (3) How is the work of this position being accomplished now? Employee currently on staff until April 27`". (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? We would be able to continue to assist the public and contractors with the same level service they have come to expect. (b) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position generates revenue by assisting with permits and contractor licensing. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? This position is currently filled. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide Page 31 of 132 statistics if possible. The work load is consistent each year. The building department has always maintained two secretarial positions. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. We would have to divide the positions duties among the three remaining staff members. This will slow the plan review process as well as the permit counter process. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Staff members cover for each other when someone is on vacation. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Each position is equally important to daily operations. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? The building department helps generate revenue for the city. This position plays an important role in helping to maintain that goal. The building department is responsible for issuing an average of 10,000 permits annually among the four positions currently staffed. Note- Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 32 of 132 CITY OF WATERLOO Council Communication Recominendation of appointment of Adam Little, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective September 18, 2018,pending drug test and physical. City Council Meeting: 9/17/2018 Prepared: 9/10/2018 REVIEWERS: Department Reviewer Action Date /a sle Manrnan ;e nnennd p loannnknrrecker, Steven Appnwed 9/11/2018 .. 8.09 AM t.`IIenR Office Ifigby, Nancy Re eeled 9/11/2018 .. R0-51 AM mate Manrnanggenn enn[ p Rn}nRny, Nancy Re peeled 9/11/20](S 10-.51 AM Waste Mannnanp$etna„nnn llen6clln, .p tfianrrnm Appnoved 9/12/2018 ... 11.23 AM Waste Maanap ennm'i Rath, 11rpannn A.pproved 9/p 2/2018 ... 11 42 AM Clen'lk: OfIlee p R ppnlby, Nancy Approved 9/12/2018 ... 11 53 ina.M ATTACHMENTS: Description Type Memo to Waatefloo Maayor and t.I y Cotinna,pp t::`awer Men-no .Rope Descripnfiorn Baaclujpnn 1" aate, paall P rsonnmd Reginisitionn Forrn.-n plaacluipn l" a te,6aall pia rsonnnncd R.eqijpsi6on C„pttes6onns Baacluipn Maat'e6aall Recommendation of appointment of Adam Little, from the Civil Service list; SUBJECT: to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective September 18, 2018, 12ending drug test and physical. Submitted by: Submitted By: Steve Hoambrecker. WMS Department Director Recommended Action: Request approval Summary Statement: The Human resources Committee approved filing this position at then June O1, 2018 meeting. Expenditure Required: $55,137.68 Plus benefits Source of Funds: Sewer fund Page 33 of 132 C NTY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT ° IA 50702 • (3190 291-4553 3505 Caston Ave. - Waterloo, • • Steve Hoambrecker, Director TO September 10, 2018 Meme to Waterloo Mayor and City Council. RE: Resolution, approving Clinton Mott and Adam tittle, Sewer Maintenance Workers, Waste Management Services Background Discussion Waste Management has 12 full time sewer maintenance worker positons budgeted and currently has two vacancies due to the long term disability expiration time period for Dave Ross and the promotion of Tony Graves to Sewer Maintenance Foreman. Additionally we have one current sewer maintenance worker on LTD. The positions were approved by the internal Personnel Requisition committee, properly advertised with 26 applicants. Six candidates were selected for interviewing based upon their credentials for certification by the Civil Service process. All six of those candidates were approved by the Civil Service Committee on September 7, 2018. Clinton Mott and Adam Little, both currently employed as Temporary Sewer Maintenance Workers with Waste Management, have been selected from approved the civil service list to fill the current vacancies. If approved by the Waterloo City Council, both would switch to becoming full time Sewer Maintenance Workers on September 18, 2018. These are essential positions in the Waste Management Services Department. Recommended Action it is recommended that the city council approve the associated resolutions to approve the appointment of Clinton Mott and Adam Little for the vacant sewer maintenance worker positions in Waste Management Services Department. Page 34 of 132 Submit resume by going toww city, �(�yjgj. iowv�twcorn., clicking on :Job Vacancies, reviewing the ewer Maintenance Worker description and following; directions to submit cover letter and resume. We will not ;accept mailed, faxed, hand-delivered or directly emailed resumes. Deadline to submit resume is a time and date to be determined. CIVIL SERVICENOTICE CITY OF WAT I LOO, IOWA OPEN EXAM INA,TION SEWER MAINTENANCE WORKER DEPARTMENT WASTE MANAGEMENTSERVICES ES SALARY $25.51 with 51.00 increase after 6-month probation ELSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL#177 GENERAL STATEMENT OF DUTIES Performs maintenance, repair and construction of municipal storm and sanitary wastewater collection systems. The work is performed under the general direction of the Collection Systems Foreman and Collection Systems/Maintenance Supervisor. May perform basic foreman duties in absence of Collection Systems Foreman. EXAMPLES OF ESSENTIAL FUNCTIONS pick and shovel to pry, move, load and unload I1lu�strative Only) manhole covers, casings and other heavy items.. These functions are considered essential for successful performance in this job classification. 7. Performs general maintenance activities such as snow removal,building and equipment repair. 1. Performs routine preventive maintenance on storrn and sanitary wastewater collection systems 8. Operates television equipment used to inspect including the repair and construction of catch new and existing sewers. basins, manholes and related structures. . Sets up, monitors and operates portable flood 2. Cleans and unclogs sewer lines and catch basins purnps during flood emergencies. and rebuilds catch basins and manholes. I0Completes daily work sheets. . Lays sanitary and storm sewer tile and raises and lowers manholes. 11. Operates heavy duty and rough-riding vehicles and equipment. 4. Operates hydro-flusher, combination sewer cleaning unit, bucket machine, air compressor, 12. Lifts and carries items weighing up to one cement mixer,portable pumps, backhoe, crawler, hundred pounds with assistance as needed. excavator, large and small trucks. 1.3. Works outside in all weather conditions.; works . Enters and works in confined spaces to check near moving vehicles and equipment and around lines or perform maintenance. mechanical and electrical hazards operates equipment and tools that cruse vibration, noise 6. Uses hand tools, makes hose and pipe level is loud, atmosphere may contain dust, connections, operates jackhammer, shovels infectious wastes, toxic and explosive gases or material into concrete mixer, hauls cement and unfavorable natural ventilation; visibility right other materials with wheelbarrow„ operates be poor and mobility limited. manual gate openers, cleans debris from catch basins, loadsar►d, gravel, cold mix or other 14. Responds to citizen complaints, questions and materials, pulls ropes to start gas engines, uses requests for service. Page 35 of 132 15. Performs work of a repetitive nature and varied functions of the position. workload pace. 3. Iowa Class A or B Commercial Driver's License 16. Works independently and with others with and good driving record based on City of minimum supervision. Waterloo driver performance criteria. A candidate with any of the following will not be 17. Attends work regularly, at the designated place considered for employment: loss of license for and time, any reason during the period of candidacy for employment, if the candidate remains without a 18. Peffi)rnis all work, duties and activities in valid, current license for the position when the accordance with City policies, procedures and City issues an offer of employment; loss of OSHA, City and Waste Management Services license, plea of guilty, plea of no contest or its safety rules and regulations. equivalent or conviction for OWI, reckless driving or other major moving violation within 19. Perfomis all other related duties as assigned. the previous five years; four or more citations for moving violations within the previous Qt,J1REDKNOWL ELDGE, & ABIL�fIES three-year period, excluding speeding I General, knowledge of the use of a wide variety violations of 10 mph or less over the posted of hand tools; ability to read and follow simple speed limit; three or more citations for moving blueprints, violations within the previous one-year period. After appointment to the position, disciplinary 2. Knowledge of occupational hazards and safety action or continuing employment status may be precautions necessary in the maintenance of reviewed for the following: four or, more sanitary and storin sewer systems. moving violations within the previous three years, three or more moving violations within 3. Ability to limit exposures to infectious waste, the previous one year or loss of license or toxic and explosive gass. conviction for OWI, reckless driving or other I major moving violation within the previous 4. Ability to complete daily work, sheets. five years; two or more at-fault accidents within a three-year period while driving on City 5Ability to complete assigned work projects business. An applicant's driving record will be without direct supervision. reviewed prior to an offer of employment and at least annually after hire. 6. Ability to respond to questions and comments ftom the public tactfully and politely. 4. Must be trained regarding Permit Required Confined Space Program after beginning 7. Ability to communicate effectively and maintain employment. working relationships with coworkers, supervisors and the public. ESSENTIAL PHYSICAL-ABUJUES The following physical abilities are required with or, 8. Ability to work, with people from a broad variety without accommodation. of social, economic, racial, ethnic and educational,backgrounds. I Sufficient strength to perform assigned tasks. ACCEFFNBLE EXP IENIC &TRAINING 2. Sufficient physical and mental stamina to work I fliglischool graduate/GED. twelve hour or double shifts during flood emergencies. 2. Minimum two years experience in sewer maintenance construction, plumbing or other 3. Sufficient speech and hearing that permits the heavy construction in all types of weather. employee to communicate effectively with OR coworkers, supervisors and the public in person, Any equivalent combination of training, arid over the telephone and over a radio. experience that provides the knowledge, skills mobility that pe -nits the and abilities necessary to perform the essential 4. Sufficient personal mo pen Page 36 of 132 employee to operate vehicles and equipment WORK SCHEDULE safely in all types of weather and a variety of Scheduled shift is generally 7:00 a.m.-3:00 p.m. road conditions, enter and work in confined Monday-Friday with a 20-minute paid lunch break. spaces with entry being as striall as twenty-two During flood emergencies, may transition to 12-hour inches, use ladders to climb up to thirty feet, visit shifts. Subject to emergency call during flood or other work sites anywhere in Waterloo and meet with severe weather conditions, Rotates call with other Sewer the public inside and outdoors. Maintenance Workers about every ninth week. 5. Sufficient manual dexterity and grip/grasp ability Employees hired in this job classit'ication may b to use hand tools such as pipe wrench, pick, cross-utilized in other City departments in shovel and rake, make hose and pipe emergency and non-ewer enc situations as connections, operate jackhammer, operate determined by the workload. Consequently, hours manual gate openers and pull ropes. of work, including starting and ending times work schedulerest periods, work duties etc. will vary 6. Sufficient vision to operate vehicles arid dependinff on the department to which the equipment and use construction maintenance eniplovee is asci n�ed. tools. MISCELLANEOUS EXAMINATION INFORMATION 1. Must wear personal protective equipment Qualified applicants who apply by the deadline date will including but not limited to safety shoes, safety be required to appear before an oral examination panel glasses, safety vest, hearing protection, gloves consisting of' a minimum, of three people who have and hardhat as job assignment requires, expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of 2. Must wear standard uniform as supplied by City. one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their 3. Must comply with City of Waterloo Residency scores on the oral examination will be the individuals Policy for Critical Employees (physically reside placed on the certified list. Applicants who qualify as within ten-mile radius of Waterloo City Hall-will outlined and are full time regular employees of the City be given reasonable compliance period as of Waterloo shall have one additional point per full year determined by department head). Must maintain of employment LIP to a maximum of five points added to a local telephone number in order to be contacted their final score. Honorably discharged men and women during emergencies. Iorn the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of 4. Must submit to Department of' Transportation Iowa and who are citizens and residents of the United requirements including pre-employment, post- States shall have five additional points added to their accident, reasonable suspicion, random arid final score upon submission of their DD214 or ten points retum-to-duty/fol I OW-Lip alcohol and drug added if they were awarded a Purple Heart or have a testin& service connected disability. 5. The City of Waterloo reserves the right, to ORAL EXAMINATION DA,rF, conduct a background investigation including Qualified applicants who apply by the deadline date will employment, education, driving and criminal be notified of the time, place and date of the history checks on any applicant being considered examination. for this position, A.A./E.E.O. Minority,female & disabled individuals are 6. Must submit to and pass Civil Service encouraged to apply. examination procedures including a panel interview. 7. Must Submit to and pass pre-employment physical and drug test. 1,ai lure to pass these tests will result in withdrawal of employment offer. SEWER MAINTE'NANCE WORKER DESCRIPTION 18 July 2018 Page 37 of 132 PERSONNEL REQUISITION FORM RECEIVED AMR 25 2018 Check as applicable: ❑ To start recruiting or civil service process and/or To fill a vacancy E] Active Civil Service fist Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Sewer Maintenance Worker Department: Waste Mg agement_Seryices Reports To: Sewer Maint. Foreman-Forrest Graves - Work Location: 3505 Easton Ave Waterloo, IA Employment Status: Regular Full Time [:] Temporary Full Time from to Regular Part Time nTemporary Part Time from to E] Regular 7-Month El Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® 'Yes [:1 No F-1 Internal Posting Only Bargaining Position: Z Yes [—I No Z Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: ❑ Yes F1 No Complete the following if the requisition is to fill a vacancy: 0110-MUkrlkolr aid, El New Position or Z Replacement Position for: Dave Ross-Sewer Maintenance Worker (Specify name and title of former ince rn bent) If replacement, former incumbent: Z Retired/Resigiieci/1'erfniiiated [] Transferred n Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: ASAP- No. of bottrs/week: 40 Work schedule: 7--00-3:00 Justification of need for position: This is a regular position and is needed to insure compliance with CMOM activities which are critical to maintain proper preventive maintenance work to prevent future SSO's and basement. backups which are finable events with the Consent Decree. What are the likely consequences if the position is not filled? Would not be able to properly complete PM work to avoid more potential repairs or sewer backups, Also, SO's and backups are not subject to fines via.the Consent Decree, APPROVALS Annual salary requirements: Hourly Rate: 25.80 Benefits-. (Payroll taxes,pension,health ins.-aSSUMiDg family) Is position budgeted for this and future FYs? E:1 Yes ONo If no, how will position be funded? Approved subject to the following conditions: ..........- mi ting Dep n ent lJoad' )ate Mayor Date (P 9 C'hi6 h Yemi"'in racial' &0--flffl c e r Date Human Resources Director ---------- - Date Human Resources Colf'. )t�tPee—(6—i'ai—rperson Date Created 6/30/2017 Page 38 of 132 PERSONNEL REQUISITION Sewer Maintenance Worker The following questions are provided as guidelines to assist you in developing your rational for the position of Sewer Maintenance Worker in the Waste Management Service Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Provides manpower for routine sanitary and storm sewer maintenance activities. Also responsible for completing CMOM required sewer televising and cleaning. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? To a minimal amount,yes. This is a specialty work activity and needs personnel with a special trained skill set. We are using seasonal employees when the weather conditions are more conducive to complete required work. (3) How is the work of this position being accomplished now? By other workers in this position. (4) Are the filled positions in your department currently being utilized to their maximum potential? I believe so, however, we are always evaluation ways to improve efficiencies. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This is a regular position and is needed to insure compliance with CMOM activities which are critical to maintain proper preventive maintenance work to prevent future SSO's and basement backups which are finable events with the Consent Decree. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Cost savings will result in having the manpower to insure required PM work is completed in accordance with the CMOM plan. It is expected by having this position filled, we can minimize potential fines that are now in force with the Consent Decree. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? For the most part OT is only incurred from emergency related operations. Page 39 of 132 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. With the issuance of the Consent Decree various PM tasks have been more regulated with required work to be completed. We are expected to clean and televise approximately 75 miles of sanitary sewer/year. In 2016, we accomplished 46 miles and in 2017 68 miles, still below our target goal of 75 miles. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Being able to properly complete PM work to avoid more potential repairs or sewer backups. Also, SSO's and backups are now subject to fines via the Consent Decree. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? By other workers and in many cases, the work is delayed. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? This position individually no, the whole division yes, but it would not be advisable. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is a very important aspect of the departments overall staffing plan. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Maintaining proper PM, saving the potential for long term and more expensive consequences for such delays in insuring such maintenance activities are properly completed. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 40 of 132 CITY OF WATERLOO Council Communication Recominendation of appointment of Clinton Mott, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective September 18, 2018,pending drug test and physical. City Council Meeting: 9/17/2018 Prepared: 9/10/2018 REVIEWERS: Department Reviewer Action Date /a sle Manrnaa ;er nennt 11oarrnrknrrecker, Steven Approved 9/11/2018 8.09 AM t.`IIenR Office pRigby, Nancy Re ected 9/11/2018 ... 80.52 AM Taste Manrna germ enn[ p Rn}npny, Nancy Ra,pectead 9/11/20](S 10-.52 AM Waste Marnnangetna„nnt lle n6cllr, Jullian nm Approved 9/12/2018 ... 11. 3 AM Waste MaanapennernL Rath, 11rpanrn A.pproved 9/ 2/2018 ... Rp 43 AM Clerk OfIlee p R 6pnlby, Nancy Approved 9/12/2018 ... 11.`nil AM ATTACHMENTS: Description Type Perso nrnne,d dteapr.n s4 fiorn Foinr (:`anger Mn nao Memo to ° artenm oo Mayor. and (Ity Carrnna°ip Cover mernnno Jo[) R)escripfiorn Coven..Mcnnnno Pcrso nncd Rcadrrdsi6on Fornrnr cdttes6onns Baacluipn Maute6kall Recommendation of appointment of Clinton Mott, from the Civil Service SUBJECT: list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective September 18, 2018, 12ending drug test and physical. Submitted by: Submitted By: Steve Hoambrecker. WMS Department Director Recommended Action: Request approval Summary Statement: The Human resources Committee approved filling this position at thier June,1,2018 meeting, Expenditure Required: $55,137.88 plus benefits. Policy Issue: Sewer fund Page 41 of 132 PERSONNEL REQUISITION FORM RECEIVED AMR 25 2018 Check as applicable: ❑ To start recruiting or civil service process and/or To fill a vacancy E] Active Civil Service fist Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Sewer Maintenance Worker Department: Waste Mg agement_Seryices Reports To: Sewer Maint. Foreman-Forrest Graves - Work Location: 3505 Easton Ave Waterloo, IA Employment Status: Regular Full Time [:] Temporary Full Time from to Regular Part Time nTemporary Part Time from to E] Regular 7-Month El Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® 'Yes [:1 No F-1 Internal Posting Only Bargaining Position: Z Yes [—I No Z Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: ❑ Yes F1 No Complete the following if the requisition is to fill a vacancy: 0110-MUkrlkolr aid, El New Position or Z Replacement Position for: Dave Ross-Sewer Maintenance Worker (Specify name and title of former ince rn bent) If replacement, former incumbent: Z Retired/Resigiieci/1'erfniiiated [] Transferred n Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: ASAP- No. of bottrs/week: 40 Work schedule: 7--00-3:00 Justification of need for position: This is a regular position and is needed to insure compliance with CMOM activities which are critical to maintain proper preventive maintenance work to prevent future SSO's and basement. backups which are finable events with the Consent Decree. What are the likely consequences if the position is not filled? Would not be able to properly complete PM work to avoid more potential repairs or sewer backups, Also, SO's and backups are not subject to fines via.the Consent Decree, APPROVALS Annual salary requirements: Hourly Rate: 25.80 Benefits-. (Payroll taxes,pension,health ins.-aSSUMiDg family) Is position budgeted for this and future FYs? E:1 Yes ONo If no, how will position be funded? Approved subject to the following conditions: ..........- mi ting Dep n ent lJoad' )ate Mayor Date (P 9 C'hi6 h Yemi"'in racial' &0--flffl c e r Date Human Resources Director ---------- - Date Human Resources Colf'. )t�tPee—(6—i'ai—rperson Date Created 6/30/2017 Page 42 of 132 C NTY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT ° IA 50702 • (3190 291-4553 3505 Caston Ave. - Waterloo, • • Steve Hoambrecker, Director TO September 10, 2018 Meme to Waterloo Mayor and City Council. RE: Resolution, approving Clinton Mott and Adam tittle, Sewer Maintenance Workers, Waste Management Services Background Discussion Waste Management has 12 full time sewer maintenance worker positons budgeted and currently has two vacancies due to the long term disability expiration time period for Dave Ross and the promotion of Tony Graves to Sewer Maintenance Foreman. Additionally we have one current sewer maintenance worker on LTD. The positions were approved by the internal Personnel Requisition committee, properly advertised with 26 applicants. Six candidates were selected for interviewing based upon their credentials for certification by the Civil Service process. All six of those candidates were approved by the Civil Service Committee on September 7, 2018. Clinton Mott and Adam Little, both currently employed as Temporary Sewer Maintenance Workers with Waste Management, have been selected from approved the civil service list to fill the current vacancies. If approved by the Waterloo City Council, both would switch to becoming full time Sewer Maintenance Workers on September 18, 2018. These are essential positions in the Waste Management Services Department. Recommended Action it is recommended that the city council approve the associated resolutions to approve the appointment of Clinton Mott and Adam Little for the vacant sewer maintenance worker positions in Waste Management Services Department. Page 43 of 132 PERSONNEL REQUISITION Sewer Maintenance Worker The following questions are provided as guidelines to assist you in developing your rational for the position of Sewer Maintenance Worker in the Waste Management Service Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Provides manpower for routine sanitary and storm sewer maintenance activities. Also responsible for completing CMOM required sewer televising and cleaning. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? To a minimal amount,yes. This is a specialty work activity and needs personnel with a special trained skill set. We are using seasonal employees when the weather conditions are more conducive to complete required work. (3) How is the work of this position being accomplished now? By other workers in this position. (4) Are the filled positions in your department currently being utilized to their maximum potential? I believe so, however, we are always evaluation ways to improve efficiencies. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This is a regular position and is needed to insure compliance with CMOM activities which are critical to maintain proper preventive maintenance work to prevent future SSO's and basement backups which are finable events with the Consent Decree. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Cost savings will result in having the manpower to insure required PM work is completed in accordance with the CMOM plan. It is expected by having this position filled, we can minimize potential fines that are now in force with the Consent Decree. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? For the most part OT is only incurred from emergency related operations. Page 44 of 132 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. With the issuance of the Consent Decree various PM tasks have been more regulated with required work to be completed. We are expected to clean and televise approximately 75 miles of sanitary sewer/year. In 2016, we accomplished 46 miles and in 2017 68 miles, still below our target goal of 75 miles. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Being able to properly complete PM work to avoid more potential repairs or sewer backups. Also, SSO's and backups are now subject to fines via the Consent Decree. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? By other workers and in many cases, the work is delayed. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? This position individually no, the whole division yes, but it would not be advisable. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is a very important aspect of the departments overall staffing plan. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Maintaining proper PM, saving the potential for long term and more expensive consequences for such delays in insuring such maintenance activities are properly completed. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 45 of 132 PERSONNEL REQUISITION Sewer Maintenance Worker The following questions are provided as guidelines to assist you in developing your rational for the position of Sewer Maintenance Worker in the Waste Management Service Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Provides manpower for routine sanitary and storm sewer maintenance activities. Also responsible for completing CMOM required sewer televising and cleaning. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? To a minimal amount,yes. This is a specialty work activity and needs personnel with a special trained skill set. We are using seasonal employees when the weather conditions are more conducive to complete required work. (3) How is the work of this position being accomplished now? By other workers in this position. (4) Are the filled positions in your department currently being utilized to their maximum potential? I believe so, however, we are always evaluation ways to improve efficiencies. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This is a regular position and is needed to insure compliance with CMOM activities which are critical to maintain proper preventive maintenance work to prevent future SSO's and basement backups which are finable events with the Consent Decree. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Cost savings will result in having the manpower to insure required PM work is completed in accordance with the CMOM plan. It is expected by having this position filled, we can minimize potential fines that are now in force with the Consent Decree. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? For the most part OT is only incurred from emergency related operations. Page 46 of 132 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. With the issuance of the Consent Decree various PM tasks have been more regulated with required work to be completed. We are expected to clean and televise approximately 75 miles of sanitary sewer/year. In 2016, we accomplished 46 miles and in 2017 68 miles, still below our target goal of 75 miles. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Being able to properly complete PM work to avoid more potential repairs or sewer backups. Also, SSO's and backups are now subject to fines via the Consent Decree. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? By other workers and in many cases, the work is delayed. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? This position individually no, the whole division yes, but it would not be advisable. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is a very important aspect of the departments overall staffing plan. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Maintaining proper PM, saving the potential for long term and more expensive consequences for such delays in insuring such maintenance activities are properly completed. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 47 of 132 CITY OF WATERLOO Council Communication Request by Deer Creek Development for a site plan amendment to the "M-2,P"Planned Manufacturing District for lot layout located west of 3301 Greyhound Drive. City Council Meeting: 9/17/2018 Prepared: 9/10/2018 REVIEWERS: Department Reviewer Action Date 1°pannnmiarog;& zona nng ilcpmn'oederc, Axie Approved 9/p 1/2018 ... 9:5 p AM (,11erk 1.i1p'ince 1lipp") > 114amy Approved 9/11/201 ... pi -58 AM ATTACHMENTS: Description Type Overvi(.—. r Map Covet Memo Acrpal Map ("oNler Memo Site Plamnn t.over Me.n-io .p,)ppicaflomm ("'over Mc nnno 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 Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance SUBJECT: amending Ordinance No. 5079, as amended. City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by Deer Creek Development for a site plan amendment to the"M-2,P" Planned Manufacturing District for lot lam located west of 3301 Greyhound Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted herewith is a request by Deer Creek Development for a site plan amendment to the"M-2,P"Planned Industrial District to create an industrial district located located west of 3301 Greyhound Drive. The applicant has submitted a lot layout to plan out development of the site. The requested layout would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. Page 48 of 132 The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Greyhound Drive which is a local street which connects to Sergeant Road(US Highway 63)which is an Other Principal Arterial, The nearest recreational trail is along the west side of Sergeant Road (US Highway 63).. The area in question is zoned"M-2, P"Planned Industrial District, "M-1" Light Industrial District and"A-1"Agricultural District. The M-2,P and M-1 sections have been zoned as such since the adoption of the Zoning Ordinance in 1982, the"A-1"was rezoned from"U-1"Unclassified on June 15, 1998. Surrounding land uses and their zoning designations are as follows: North— Vacant Land zoned `B-P"Business Park District. South— US Highway 20 and vacant land zoned"M-1"Light Manufacturing District and "A-1"Agricultural District. East— Loves Travel Center and Vacant Land zoned "B-P"Business Park District. West— Leonard Katoski Greenspace zoned "A-I"Agricutural District. No buffers would be required as a part of this site plan request. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The site plan site is the former home of the Waterloo Greyhound Park. The nearest development in the area is the Loves Travel Center that opened in the last year. The property is located within Zone A:100 year flood plain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 284F, dated July 18, 2011. Any buildings built on the site would need to be one-foot above the base flood elevation and the proposed detention pond is in the Floodway, which is permitted. Summary Statement: The nearest school is Lou Henry Elementary located 2.29 miles to the east, both Central and Hoover Middle Schools are located 2.32 miles to the north and east respectively, and West High is located 2.92 miles to the northeast. There is a 30" Sanitary Sewer line located in an easement just north of the existing detention basin. There is a 12"Water Main located along Greyhound Drive. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in confonmance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting the Site Plan Amendment to layout lots for future development. There are 12 lots proposed varying in size from 1.15 acres to 18.36 acres for a total acreage of 73.2 acres. The land will need to be platted for the entire lot layout development. The site is the former home of the Waterloo Greyhound Park. The applicant is proposing to move the detention pond from Outlot's 8 and 9 into the Floodway and it will need to meet Floodway regulations when developed. During Tech Review the INRCOG representative expressed concerns that building up the property to I' above the Base Flood Elevation could cause increased flood levels on the west side of Black Hawk Creek and increased Page 49 of 132 traffic. There were also concerns about the access to two of the lots. All of these concerns will need to be addressed during the platting process. Waterloo Traffic Department and Engineering did not express concerns. Therefore, staff recommends that the request for site plan amendment in the "M-2,P"Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. 4. This will create new development at the former Waterloo Greyhound Park site that has sat vacant for many years. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. That all new buildings are constructed to the requirements of the City of Waterloo Floodplain Regulations and the lowest floor elevation is at least V above the 100 Year Base Flood Plain Elevation. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Northeast Quarter of the Southwest Fractional Quarter(NW%, SWftl '/) of Section Six (6), Township Eighty-eight(88) North, Range Thirteen (13) West of the 5th P.M., Black Hawk County, Iowa, AND That part of'the Northwest Quarter of the Southeast Quarter(NW'/ SE'/) of Section Six (6), Township Eighty-eight(88) North, Range Thirteen (I3) West of the 5th P.M., Black Hawk County, Iowa, described as_follows: Beginning at the Northwest corner of the Northwest Quarter of the Legal Descriptions: Southeast Quarter(NW% SE'/); thence North 89°5851"East, along the Northerly line of the Southeast Quarter 100 feet; thence South 0°648" West, along a line parallel with the Southeast Quarter, 1,069.31 feet, to the beginning of a curve concave Northeasterly having a radius of 686.62 feet; thence Southeasterly 259.1 feet along the curve through a central angle of 21'3 7'15" to a point on the Southerly line of the Northwest Quarter of the Southeast Quarter, which point is 148.31 feet Easterly from the Southwest corner of the Northwest Quarter of the Southeast Quarter; thence North 90° West along the Southerly line, 148.31 feet, to the Southwest corner of'the Northwest Quarter of the Southeast Quarter; thence North 0°648"East, along the Westerly line of the Southeast Quarter, 1,322.3 7feet, to the point of beginning. The Westerly line of the Page 50 of 132 Northwest Fractional Quarter is assumed to bear North and South Page 51 of 132 City of Waterloo Planning, Programming and Zoning Commission September n, 2o18 MA TIN RD fi, O R-2- ,� y R-4 M-2,P 63 GRAM 'ddW4tVtW, "'�1' C-2 'W.RIDGEWAY AVE ,., - - .. .., .';;;,,, A-1 M-2,P M-1 R-4,v C-Z ATHENS DR K Z A-1 B-P R 4 � QQ- "' y CYCLONE DRQ � R-4 O oy (KINGS;", 0 0 0 QUAILP R-4�R-P L ....... RAIL..., �, � TITAN T 2 0 N VIEW PL' M °#7 R-4 „„�.,., 5 . Haw y R-3 .... ..� � VIII , u ei epipppp li Z N Z VIII 6��,,,��,�� II w R-1 A-1 C-2, A,1 KAMILLE CT N R P to^I � — — cy~ C-2,C- Z .° M-1NLtNE DR u K R3NI ! A=1 C-2 qs g Hv C - R � k ��y T ✓..< c a�eS �a Sr �'TPe- PgRTR/o... d � o cF SSTOP iR CARAS RD li'D AN BlackR-1 R-3,R-P ��- ,,, FALCON RG A-1 y — TY HAWK DR DR D THRUSH lawk y _ C Creek M-2,P C-P R=3;R-P KIT o N West of 3301 Greyhound Drive WE Site Plan Amendement s Deer Creek Development 1,000 500 0 1,000 � � Feet Page 52 of 132 City of Waterloo Planning, Programming and Zoning Commission September n, 2o18 z CYCLONE DR O C7 3301 Greyhound Drive R Former Greyhound Park IIS O Z O W O O �o G� D 20 63 0 0� 63 m � i N West of 33ol Greyhound Drive WE Site Plan Amendment Deer Creek Development 350 175 0 350 Feet Page 53 of 132 ; r OUTLOT �I 2.33 AC. ' OUTLOT OUTLOT 2.51 AC. 1.15 AC. OUTLOT #4 y i 1.33 AG,, LOT AREA 8.64 ACRES I / / I I OUTLOT rr w #5 J o 1.45 AC. ' 0 J o FULL Q I CCES � D 1 , - 0 ¢ U 0 OUTLOT ` / I #6 TOTAL 1.77 AC. PROJECTT AREA= LOT AREA= — — � 0 18.36 ACRES I �� 73.2 ACRES II cc) r 250' Z o !/ OUTLOT 1.83 AC. j% LLLJ / (D ZONED M 2,P p / `�• I (PLANNED PROPOSED 1 INDUSTRIAL) / WATER N DETENTION ' REPLACEMENT I % FULL f •1 AREA CCEE r. /%� �h APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-I" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one)(Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name(please print): .._]�-<..__ �n _ Address: 6 315 5{ixyleiw 1- Phone: 314—96P -- 310,S Fax: City: k Esc . State: :zt-- ,q Zip: S 43&q,3 b. Status of applicant:(a)Owner.__(b) Other___ _(Cl CECtC ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State; Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: "i"07rr"4: ' 6-r,-tL,j ?VL - b. Legal description of property or portion to be amended; c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment; T3.'� Acrr s e. Current zoning: ml r7a�> i f. Reason(s)for site plan amendment and proposed use(s) of property:.._,.h>sko �_. v � 'A g. Conditions(if any)agreed to(does not affect existing conditions unless specified): h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200(for new or overall amendment), $100 (for individual Building),or$0(for minor change)(payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by [lie Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. &A dvrt�,-- a0-dple Signature of Applicant Date 9 ignature of O er Date Page 55 of 132 CITY OF WATERLOO Council Communication Purchase of one (1) 2018 Triple Combination Pumper for Waterloo Fire Rescue City Council Meeting: 9/17/2018 Prepared: 9/11/2018 REVIEWERS: Department Reviewer Action Date 1,ire Rescaie ipngby, 1" mcy Approved M G 20tl8 ... tl2.35 PM ATTACHMENTS: Description Type ❑ 1.3i p 'Ta l.) p:::taac.kup:p Mammlaap 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 bid documents, specifications, form of contract, etc. SUBJECT: Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding bid to Reliant Fire Apparatus, Inc., of Slinger. WI; in the amount of S514,666, in conjunction with the purchase of one (1) Triple Combination Pumper; and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: approve Summary Statement: Expenditure Required: Bid estimate is $550,000.00 Source of Funds: Bond Page 56 of 132 Purchase of(1) 2018 Triple Combination Pumper for Waterloo Fire Rescue Bid Tab: September 13, 2018 Estimate $550,000 Bidder Bid Bond Bid Amount Reliant Fire Apparatus, Inc. 10% S $514,666.00 Slinger, WI Ed M. Feld Equipment Co., Inc. Not Received Bid Rejected Carroll, IA Fire Safety, USA 10% Rochester, MN $542,875.00 Page 57 of 132 CITY OF WATERLOO Council Communication FY 19 Wing Dike Contract No. 966 City Council Meeting:9/17/2018 Prepared:9/10/2018 REVIEWERS: Department Reviewer Action Date WKigteMaaanapcnaa,nnt 1pandnnabreckca; Sta^vea i Approved 1t/IIS/20 8... 8:09 AM t:'pe,nk (Alice 1Bnggpay, Nancy ReJec-teni 9/IIV/20 8... M59 AM Waste,Manaag,enicta Ifiggby, CVaancy ]ZeJectekd 9M/2M ➢0:59 AM Waste Mannagcmc:°nit ICUennupcda, luduanara Ap,piFoved 9/11/2018... p k22 AM Waste,Mann age nneunt Rath, IE:innku n Algiprwved 9/12./201 8... p V 36 AM Clerk Office IhgUng,,Nancy Apipnmvea:1 9/12/2.0118 111:53 AM ATTACHMENTS: Description Type D Wkgt Dika:t'oWruct i' 0.966 Backup Matc;nuad D ConVraad 1 adkUpr Matc:rp;np D 11itp'p",tlln Backup kaupr Maalerp;ap D Ay,COM Letter col'Recornaninei'udatiora Cover Meuvuo 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. SUBJECT: Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding bid to Peterson Contractors, Inc.of Reinbeck, IA, in the amount of$560,497, and approving the contract, bonds and certificate of insurance for the Wing Dike Installation Contract No.966, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Steve Hoambrecker,WMS Department Director Expenditure Required: $850,000.00 Source of Funds: Sewer Fund Page 58 of 132 City Contract No./ UMknown— requestednumberfrorn Steve today Bid date:September 13, 2018 Public hearing date: September 17, 2O18 Copy ofPlans &Spec mrwhere they will be� 1\ Monday, August 20 Council approves project for bidding at Council meeting, Z) Tuesday, August 21 Notice to Bidders & Notice Of Public Hearing.-- AECOM forwards Notices to Kelley Felchle/Tracia Ross at City to post on City's website (Notice of Public Hearing—City to publish in paperatappropriate dme). 3\ Tuesday, August 21,—AECOM will upload Bid Docs to Questcdn for contractor download/paper copies will beavailable from AE[OMfor$25.0O refundable deposit. 4> Tuesday,August 21—Notice tmBidders—AEC[}K8will forward NTBtmMBI, McGraw NiNand Reed Construction for posting omtheir website. Any summary project info tminclude: I-lie project will include the installation of a wing dike on the east side of the treated wastewater diffuser termination manhole in the Cedar River, The project will also include completing restorative bank protection work along the Cedar River to prevent continuing erosion. EngineersEatimate:$85O,0DO Page 59Of132 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2019 WING DIKE CITY CONTRACT NO.966 CITY OF WATERLOO, IOWA This contract made and entered into this day of 2018, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2019 WING DIKE, CITY CONTRACT NO. 966, and furnish all necessary tools, equipment, materials and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10)working days after receipt of "Notice to Proceed," substantially complete the project by March 15, 2019, and finally complete the project on or before May 31, 2019, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient FORM OF CONTRACT City Contract No.966 PAGE C-1 of 4 AECOM#60504245 FY 2019,VVinai� of 132 barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. FORM OF CONTRACT City Contract No.966 PAGE C-2 of 4 AECOM#60504245 FY 2019,VVina DikeET1 of 132 PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal,which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT City Contract No.966 PAGE C-3 of 4 AECOM#60504245 FY 2019Page iI'Y"2 of 132 CITY OF WATERLOO, IOWA Mayor City Clerk Contractor By: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of 2018. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT City Contract No.966 PAGE C-4 of 4 AECOM#60504245 FY 2019,VVinai� of 132 Waste Management Wing Dike, Contract No. 966 Bid Tab: September 13, 2018 Estimate: $850,000.00 Bidder Bid Security Bid Amount J. B. Holland Construction Inc. 5% $718,593.75 Decorah, IA Peterson Contractors Inc. 5% $560,497.00 Reinbeck, IA Vieth Construction Cedar Falls, IA 5% $625,601.00 Lodge Construction Inc. Clarksville, IA 5% $677,264.00 Page 64 of 132 AECOM 319-232- 1 tel AEECOAM 501 Sycamore Street 319-232-0270271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com September 14, 2018 Honorable Mayor Quentin Hart and City Council 715 Mulberry Street Waterloo, Iowa 50703 Subject: FY 2019 Wing Dike City of Waterloo, Iowa City Contract No. 966 AECOM #60504245 Dear Mayor and Council: On Thursday, September 13, 2018, bids for the above-mentioned project were received and opened. A total of four (4) bids were submitted. The following table details the bids received: Bidder Base Bid Peterson Contractors, Inc. $560,497.00 JB Holland Construction, Inc. $718,593.75 Vieth Construction $625,601.00 Lodge Construction $677,264.00 The engineer's estimate for this project was $850,000. Legal provisions of the Notice of Public Hearing and Letting indicate, in part, that "the contract will be awarded to the qualified bidder submitting the lowest bid." The lowest responsive bid was submitted by Peterson Contractors, Inc. We recommend that the Council award this project to Peterson Contractors, Inc. Please let us know if you have any questions or comments regarding the contents of this letter and/or the enclosures it contains. Yours sincerely, 71 1A Ross Hillsman, P.E. ross.hillsman@aecom.com Enclosures: As Noted c: Mr. Steve Hoambrecker, PE P160504245\600_Construction_Support\2018-09-13-Wing Dike-BidAward.docx Page 65 of 132 V +O+ O 07 F- O -t LO Lo m M O r` m O i V LO O - O CD 7 CO ti Lf> M 00 O O +, N r N Lf) H) V> r M �t V> N N w = E/> EA (A} Cj} 6s E!> N EA E!> V> EF) Lo O 09 4} N U c — 0 0 0 LO O 0 0 0 0 LO 0 0 0 0 O O O O N O O O O O O O Ln Lq a+ O O r N O O O O 1�1- M O LO M N co i = M O O r CA O O O O M �I- CO r\ Cf? U> G1 = O LO O H} O 'tL() LO 69 Ef> ER Ef3 Nd U r 6 o m r- co a N LO 6s 6s M � � � m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 o 0 0 0 0 0 0q 0 0 0 0 0 o O L') 0 0 0 0 0 0 0 Lri 0 0 0 0 0 0 O +, Ln 0 0 0 0 0 0 0 0 m LO o o O Q 0 E N O LO CO O O O O CO r O N O O O 00 O (O LO M LO LO Ld = LO C6 co LO M 4 't O ate. i 0) U Cfl N N r r— Efl Efl N r- N tl- H? M N 0 EF} ff} Cf} Efl Efl H) It ER U) Cf3 Cfl 00 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m O > .. Ln 0 Ln M 0 O O 0 Ln Ln O Lf> O M N M O r H? O O O O 0 CO M CO r UD VO E!> O O O O 64 EF? EF? ER 6r3 U G1 C00 N � � N a/ f!} EPr EH Cf} N r r O O O O N O M Cfl M O O O r O O r O LC) O LO O O m O LN ti M LO O = 00 r M C O 3 a Of � � � z z U) Q U LL U) Q Q Q0 0 LL LL U >- Q D Z_ 0 M W d d J � Q Q O � cl y � W LU � J J w Y Q Z IL Z Z C� U) O Q Z U Z U U 0 0 m O m > m m W Q (A U H U (n (n J 0 0 � t— UZ CL Z Q Q � J Q :3Q z O J J W E (� w O Z — w U U O Q WW w o cwn W Q H H = 0 Z Z Q Q o U) w w F- O ~ Z U z 0 cwn o w m N ZJ o w > z J J tl LL J Q O W W O w O � Q w w w w N D X z O 0) r N M -,t m CO r-- O O O r N M r CITY OF WATERLOO Council Communication FY19 Wet Well Rehabilitation Contract No.907. City Council Meeting:9/17/2018 Prepared:9/10/2018 REVIEWERS: Department Reviewer Action Date WKigteMaaanapxcnac,nnt lloanaaprockca; Sta^vea i Approved 1)/I1i/20 8... 8:09 AM Clo k (Alice IBiggby, Naamy Repected 9/IIV/20 8... ppp58 AM Waste,M anaag,enicta p U ig by, CV aan cy p;epec;te(d 9/ll V/2iD V ii l0:59 AM Waste Manroap;cmc:°nit ICUeniuiepa, Rllfianara Ap,p Foved 9/12/2019... p k22 AM Waste,Mannagerneua Rath, IE:pniau n Alpaprwved 9/p2./20p 8... pV39 AM Clerk Office IhgUig,,Name y Apipimved 9/112/20118.. 111:53 AM ATTACHMENTS: Description Type D %.,1 Vi o l Caiant.No,907 ]i acktq)Matc,�rial D ConVraaet p=;nekaupr Maatcri;ap D pBiap'p",.ills Backup kaupr Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans,specifications,form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Waste Management Services Director for review. Submitted by: Submitted By:Steve Hoambrecker,WMS Depattment Director Expenditure Required: $1,500,000.00 Source of Funds: Sewer Funds Page 67 of 132 Satellite Wet Well Rehabilitation City Contract Nm.: 907 Bid date: September 13, 2O1@ Public hearing date: September 17, 2018 Copy ofPlans 8'Spec orwhere they will be: 1) Monday,August 20—Council approves project for bidding at Council meeting. 2) Tuesday,August 21—Notice to Bidders & Notice of Public Hearing—AECOM forwards Notices to Kelley Felchle/Tracia Ross at City to post on Oty's website (Notice of Public Hearing—City to publish inpaper atoppro priate'tirne.) 3) Tuesday,August 21--AECOM will upload Bid Docs to Questcdn for contractor download/ paper copies will beavailable fnmmAECOMfor$25.00refundable deposit, 4> Tuesday,August 21—Notice toBidders—AECOk8will forward NT8toMBI, McGraw Hill and Reed Construction for posting ontheir websites. Any sumnnaryproject info tminclude: The project will include the rehabilitation of concrete, piping and other appurtenances at the Satellite Wet Well in the Rovv Wastewater Pumping Station building atthe VVPCF,this work xvWl be performed first.The project will also include similar restorative work atthe sludge transfer wet wells at the VVPCF and atthe influent pump station atthe anaerobic lagoon site. EnQineersEsfinnate:$1,5O[\UU0 Page 88Of132 Revised Per Addendum#1,Paragraph III-9/11/2018 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF SATELLITE WET WELL REHABILITATION CITY OF WATERLOO, IOWA CONTRACT NO. 907 This contract made and entered into this day of 2018, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the SATELLITE WET WELL REHABILITATION, CONTRACT NO. 907, and furnish all necessary tools, equipment, materials and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10)working days after receipt of "Notice to Proceed" and complete it on or before October 1, 2019, unless an extension of time is granted in writing by the Council of the City. Maximum Allowed Time Site Out of Service Start Date Completion Date Satellite Wet Well 35 Consecutive Calendar Das July 1,2019 October 1,2019 Sludge Transfer Wet Well 6 Consecutive Calendar Days November 1,2018 November 30,2018 Anaerobic Lagoon Raw 20 Consecutive Calendar Days July 1, 2019 October 1, 2019 Wastewater Lift Station Miscellaneous Piping Not Applicable Jul 1, 2019 October 1, 2019 Contractor shall coordinate actual dates of construction with the Owner within the timeframe listed to complete the work. FORM OF CONTRACT CONTRACT NO.907 PAGE C-1 of 4 AECOM#60488465-8/2018 Satellite Wet Well Rghpbillii atipty, of 132 Revised Per Addendum#1,Paragraph III-9/11/2018 PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, FORM OF CONTRACT CONTRACT NO.907 PAGE C-2 of 4 AECOM#60488465-8/2018 Satellite Wet Well Rebabillii ati ac/y, of 132 Revised Per Addendum#1,Paragraph III-9/11/2018 and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal,which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond,"and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT CONTRACT NO.907 PAGE C-3 of 4 AECOM#60488465-8/2018 Satellite Wet Well Reba�billiitaatyl of 132 Revised Per Addendum#1,Paragraph III-9/11/2018 CITY OF WATERLOO, IOWA Mayor City Clerk Contractor By: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of 2018. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO.907 PAGE C-4 of 4 AECOM#60488465-8/2018 Satellite Wet Well Rghpbgeti� of 132 Satellite Wet Well Rehabilitation, Contract No. 907 Bid Tab: September 13, 2018 Estimate: $1,500,000.00 Bidder Bid Security Bid Amount WRH Inc. Amana, IA 5% $1,839,380.00 Page 73 of 132 CITY OF WATERLOO Council Communication Resolution approving City of Waterloo City Council Rules of Procedure. City Council Meeting: 9/17/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (..)ff ice Felchle, Kefley Approved 4/25/2018 4-tl4 PM ATTACHMENTS: Description Type D Resohidori its proposed Bac.kup Mateila� D M-aft Ruks of Procedure Backup Mater�a� SUBJECT: Resolution approving City of Waterloo City Council Rules of Procedure. Submitted by: Submitted By: Kelley Felchle. City Clerk Page 74 of 132 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2018-XXX RESOLUTION APPROVING CITY OF WATERLOO CITY COUNCIL RULES OF PROCEDURE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City of Waterloo City Council Rules of Procedure, attached as Exhibit A, are hereby adopted. PASSED AND ADOPTED this day of 2018. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk ■ of Waterloo City Council Rules of Procedure Adopted �by [R.esdution No. 20,1 &...XXX an II.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.,.I.I.I.I.I.� II.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.,.I.I.I.I�j 2018. Page 76 of 132 City of Waterloo City Council Rules of Procedure PAGE CHAPTER 1: POLICY PROVISIONS ........................................................................ 1 CHAPTER 2: ROLES AND DECORUM OF ELECTED OFFICIALS.......................... 1 CHAPTER 3: MEETINGS AND AGENDAS...............................................................4 CHAPTER 4: LEGISLATION AND VOTING..............................................................9 CHAPTER 5: PUBLIC PARTICIPATION ................................................................. 13 CHAPTER 6: WATERLOO CITY COUNCIL CODE OF ETHICS............................. 14 APPENDIX A: GUIDE TO MAKING MOTIONS ....................................................... 19 APPENDIX B: CHART OF MOTIONS .....................................................................22 APPENDIX C: MEMBER STATEMENT...................................................................26 li Page 77 of 132 CHAPTER1 1.1 Purpose The purpose of the Waterloo City Council Rules of Procedure (hereafter referred to as the "Rules") is to instill and maintain public confidence in city government by: 1. Promoting the orderly and expeditious process of conducting city business; 2. Protecting the rights of each individual by encouraging public comment and giving every proposition under consideration free and full debate; and 3. Carrying out the will of a majority of the City Council while preserving the rights of all Council members. 1.2 Authority Two sections of Iowa Code grant Council the authority to adopt their own rules of procedure. Iowa Code § 21.7 states, "Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators," and Iowa Code § 372.13(5) states "the council shall determine its own rules and maintain records of its proceedings." 1.3 Interpretation The City Attorney shall be considered the final authority on any questions regarding the application or interpretation of these Rules. 1.4 Amendments The Rules shall be in effect upon their adoption by resolution and until such time as they are amended. These Rules may be amended at any time by a majority vote of all members of the Council, provided that the proposed amendments have been introduced into the record at a prior meeting. CHAPTER 2 2.1 Form of Government City of Waterloo utilizes a Mayor-Council form of government. In this form, the Mayor is elected at-large, five Council members elected by ward, and two Council members elected at-large. In this form of government, the Mayor cannot vote on a measure. 2.2 Role of Mayor A. The Mayor is the chief executive officer of the City, ceremonial head of the City and, when present at a Council meeting, is presiding officer of the Council. Pa:gE` 1 Page 78 of 132 B. The Mayor shall supervise and direct all City officers and departments. The Mayor may recommend the appointment of department heads with the approval of Council. The Mayor shall supervise and direct all City officers and departments. The Mayor may take command of the police and govern the City by proclamation, upon making a determination that a time of emergency or public danger exists. Within the City limits, the Mayor has all the powers conferred upon the sheriff to suppress disorders. Iowa Code § 372.14. 2.3 Role of Council Members Council is the legislative body of the City and exercises its powers and duties as a quorum of Council members during open meetings. Iowa Code § 364.2(1) states that "the power of a city is vested in the city council, except as otherwise provided by state law". As a result, Council, as a legislative body, is responsible for enacting laws and setting policy by which the City takes action. 2.4 Gift Law Iowa Code § 68B.22 describes strict requirements regarding the receipt of gifts by public officials, public employees, and their immediate families. Local government employees and elected officials cannot receive gifts from restricted donors. Restricted donors include the following: 1. Those seeking to do business with the City. 2. Those engaged in activities regulated by the City. 3. Those that could be directly financially affected by a City official's performance or nonperformance of a task. Several exceptions apply to the gift law, including items totaling $3.00 or less in value and informational material relevant to a public servant's official functions. Questions concerning gift law should be directed to the Iowa Ethics and Campaign Disclosure Board. 2.5 Council Meeting Decorum A. The presiding officer shall preserve order and decorum, prevent attacks on personalities and the impugning of members' motives, confine members in deliberation and debate to the question under discussion, and decide all questions of order. B. Every member of the public and every Council member desiring to speak shall address the presiding officer, and upon recognition by the presiding officer, shall confine comments to the question under debate, avoiding inappropriate language and personal attacks. I age II2 Page 79 of 132 2.6 Speaking A. When two or more Council members address the presiding officer at once, the presiding officer shall name the member who is to speak. Council members should refrain from discourse or cell phone use while another member or the presiding officer is speaking. B. The presiding officer may make a call to order if a Council member violates rules of decorum, and upon such a call the Council member shall immediately cease speaking. The Council member may appeal to the presiding officer for an opportunity to explain the remarks. If no appeal is made, the decision of the presiding officer shall be conclusive, but if the member shall appeal from the decision of the presiding officer, the Council shall decide the question without debate. 2.7 Council Communications with City Staff. A. The City of Waterloo has implemented a Mayor-Council form of government, in which it is the Council's role to serve as the legislative branch of the City and the Mayor role's is to serve as head of the executive branch of the City by overseeing the daily administration of the City. The City staff fall under the executive branch of the City. B. In order to uphold the integrity of the Mayor-Council form of government, and to provide proper checks and balances, members of the Council shall refrain from becoming directly involved in the administrative activities of the City. Council members may make inquiries of staff members or employees, in the limited, legitimate purpose of informing themselves regarding important affairs of an immediate and urgent nature. The Mayor may choose to establish formal procedure for Council-staff interaction and staff support of Council committees. In addition, Council members can fully and freely discuss with the Mayor anything pertaining to City affairs. C. City Council should avoid situations that can result in City staff being directed, intentionally or unintentionally, by one or more members of the Council. While Council member interaction with the City's employees is unavoidable, giving direction in regards to other City employees, duties, working conditions, supervisors, etc., is discouraged. If an employee or staff member voices a concern or complaint with them, Council members may listen to such concerns and complaints, and shall then refer any such complaints back to the Mayor, or if the Mayor is involved in the matter, to the Human Resources Director, for follow up and action if needed. Council members may remind the City's employees that they have a number of resources at their disposal to address employment issues if needed, including the employee handbook, or following the grievance procedures set forth in their collective bargaining agreement in the case of a union employee. This section shall not be construed as prohibiting or discouraging employees from reporting criminal acts or serious acts of personal misconduct that violate the employee handbook. However, the employee should nonetheless be initially referred to the Mayor, or if the Mayor is involved in the matter, to the Human Resources Director. IPage II3 Page 80 of 132 D. In situations in which an employee approaches a Council member and the communication does not involve a complaint or concern with regard to other City employees, duties, working conditions, supervisors, or other terms of employment, Council members may freely speak with the employee. E. If Council members wish to communicate with the City's contracted service providers, the general course of conduct is to send such communication or requests to the Mayor, who will forward the communication to the proper service provider. In situations that are immediate and urgent in nature, Council members may communicate directly with the service provider. CHAPTER 3 3.1 Quorum A majority of the whole number of members of the Council to which the City is entitled shall be necessary to constitute a quorum. The number of members needed for a quorum of the Waterloo City Council is four (4). Less than a quorum may adjourn and compel the attendance of members. Waterloo City Code, § 1-4-2(a). 3.2 All Meetings and Records Open to the Public A. All meetings of the Council, meetings of the City's permanent boards, commissions, standing committees, and all temporary, advisory, and ad hoc committees shall comply with Iowa Code Chapter 21, Iowa Open Meetings Law, and Chapter 22, Iowa Open Records Law. B. All meeting agendas shall be timely posted on the City website and on the lobby wall directly outside the City Clerk's Office located on the first floor of Waterloo City Hall, 715 Mulberry Street, and shall be timely furnished to those media enterprises that have filed a written request for notice with the City. 3.3 Method of Keeping Minutes A. Minutes of all meetings shall be maintained by the City Clerk as a permanent record and shall be available for viewing by any member of the public during normal City Hall business hours as soon as the minutes of the meeting are complete. B. Minutes shall include all information required by Iowa Code § 21.3, including "the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present." A record shall be made of the names and addresses of persons addressing Council and a summary of their remarks. C. Council members must notify the City Clerk prior to the start of the meeting if a correction to the previous meeting's minutes is suggested to allow the City Clerk time to verify if a correction is required. IIS a g e II 4. Page 81 of 132 3.4 Order of Seating Council members shall occupy the respective seats in the Council Chambers assigned to them by the Mayor. 3.5 Regular Council Meetings All regular meetings of the Council shall be held in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 p.m. on the first four Mondays of each month, unless determined by Council resolution to hold a meeting at another location. If a regular Council meeting falls on a holiday observed by the City, the meeting shall be held on the next succeeding day that is not a holiday at the same hour and location. Cancellation of meetings shall be done by resolution. Notice of a change of meeting place shall be given to the public by publication. Waterloo City Code, § 1-4-1. 3.6 Executive Session Iowa Code § 21.5 outlines specific instances where cities are allowed to discuss city business in executive session prior to voting on the matter in open session. Prior to entering into executive session, the City Attorney will make a statement to the Council and public noting the reason for adjourning to executive session and that the reason complies with a specific section of Iowa Code. Council must then make an affirmative, public vote of the lesser of two-thirds of the members of the body or all of the members present at the meeting to enter into executive session. Once in executive session, discussion must remain germane to the topic for discussion listed on the agenda. Final action on any item must take place in open session. 3.7 Special Council Meetings Special meetings of the Council may be called by the Mayor or by any three (3) Council members, by serving a written notice of the special meeting on each of the Council members, or by leaving a copy thereof at their usual place of residence. Only such business may be transacted at a special meeting of the Council as is mentioned or referred to in the written notice of the meeting. Special meetings of the Council shall be held in the council chambers, unless the Council by resolution designates a different place of meeting. Notice of such change of meeting place shall be given to the public by publication. Waterloo City Code, 1-4-1. 3.8 Work Session Meeting A. Council may conduct work session meetings on matters which are expected to come before Council for formal action at a regular meeting or otherwise need study and advanced consideration by Council. Items to be considered will be listed on the agenda and will note approximate start time for each item following the first. B. At work session meetings the Council will receive information and presentation of issues. Council Members may ask questions and may request that certain information be provided or issues be addressed when items are considered further at a later session meeting or a regular or special meeting of the Council. Council may IFage II5 Page 82 of 132 recommend that matters under consideration be brought forward for formal action at a regular or special meeting, that further study be conducted if appropriate, that matters under consideration not be pursued further (except for matters requiring a public hearing), or that modifications be made before a matter is considered further. C. No formal vote of the Council in favor or against any work session or study session agenda item may be taken at such session, but only at a regular meeting or special meeting of the Council. D. Public comment during work sessions is generally discouraged. Instead, the public is encouraged to contact Council members regarding an item or submit written comment to the City Clerk to keep on file. 3.9 Standing Committees of Council The Mayor shall appoint three or more Council members to standing committees of the Council. Nothing shall preclude the Council from acting as deemed necessary without the input of a committee in the case of an emergency to appropriately and properly conduct the business of the City. Each of the following committees shall specifically be assigned the following responsibilities and other duties as deemed appropriate: 1. Finance Committee: This committee shall review travel requests, budget line item amendments, expenditure pre-authorizations, and refund requests for sanitation services as outlined by the City of Waterloo's Accounting Policies and Procedures Manual. 2. Public Safety: This committee shall review new initiatives and major policy issues relating to the Police and Fire Departments. Issues of environmental concern may also be referred to the committee. Quarterly updates on public safety concerns will be provided to this committee. 3.10 Special Committees The Mayor or the Council may appoint members to temporary advisory or ad hoc committees consisting of Council members, staff and/or private citizens, as deemed desirable and necessary to assist and advise the Council in its work. Members of such committees are required to abide by Iowa Open Meeting Laws. 3.11 Electronic Meeting A meeting of a governmental body may be conducted electronically only when a meeting in person is impossible or impractical and only if: A. The persons participating in the meeting at each location can hear and be heard by all other participants, provided that if any participant is hearing impaired other suitable means of communication are provided. Also see Section 3.14. IPage II Page 83 of 132 B. The governmental body provides public access to the conversation of the meeting to the extent reasonably possible. C. The governmental body complies with Iowa Code § 21.4. For the purpose of this paragraph, the place of the meeting is the place from which the communication originates or where public access is provided to the conversation. D. Minutes are kept of the meeting. The minutes shall include a statement explaining why a meeting in person was impossible or impractical. Iowa Code § 21.8. 3.12 Informal Meetings Council members may hold meetings other than those outlined in this chapter and in the City of Waterloo Code of Ordinances. At such informal meetings, no legislative business may be transacted, and City business cannot be discussed if four Council members are present unless there has been compliance with open meeting laws. At informal meetings where a quorum is not present, Council may receive informational briefings from staff, make site visits, receive public comments, or engage in informal discussion. 3.13 Council Member Absence Council members who are unable to attend a scheduled meeting shall notify the Mayor or City Clerk prior to the meeting. 3.14 Council Participation via Telephone A Council member who is physically unable to attend a meeting may participate via telephone. They must provide a reliable telephone number, join the meeting prior to approving the Consent Agenda, and must remain on the phone for the remainder of the meeting. 3.15 Recommended Order of Business for Regular Meetings The recommended order of business for a regular meeting shall be ordered as follows: Roll Call Prayer or Moment of Silence Pledge of Allegiance Approval of Agenda, as proposed or amended Approval of Minutes of the previous meeting Oral Presentations 1. Mayor/Council Report (first meeting of each month) Consent Agenda The Consent Agenda is reserved for routine resolutions and motions, acted upon by voice vote on a single motion without separate discussion. Council may remove an item from the Consent Agenda and consider it separately. Items that may appear on the Consent Agenda include: IP age I Page 84 of 132 1. Resolution of bills 2. Setting date of public hearing 3. Assessment cancellation 4. Water kill 5. CLURA/CURA applications 6. Waiver for a concrete driveway application 7. Parade route/street closure 8. Noise variance 9. Travel request approval 10. License/Permit approval 11. Board/Commission/Employee appointments 12. Bonds Remainder of the Agenda: 1. Public Hearings 2. Resolutions 3. Ordinances 4. Other Council Business (Reserved for approval of non-routine motions and revocation hearings.) 5. Executive Session 6. Adjournment The Mayor or Council shall have the authority to vary from this recommended schedule to expedite the conduct of business or accommodate persons having business to be considered by Council. 3.16 Affirmative Motions All motions, resolutions, ordinances will be listed on the agenda in the form of an affirmative motion to enact, adopt, approve or other appropriate language. The Council members who move and second the motion are not required to vote in favor of the item during the roll call or voice vote. 3.17 Placing Items on the Agenda A. All agenda items are due to the City Clerk's Office by 10:00 a.m. on the Wednesday preceding the Council meeting. The process for adding items to the agenda varies for staff, council, and citizens. Below are rules for adding items to the agenda. 1. Citizens: Citizens must work with the Council member for their ward, at-large Council members, or the Mayor to add an item to the agenda. Requests for future agenda items can be made during the Oral Comments portion of the agenda. 2. Staff: Staff members are required to submit agenda items using the agenda management software. 3. Council: Council members may submit agenda items to the City Clerk and must do so by the deadline listed in Section A. IPage II8 Page 85 of 132 B. The finalized agenda and packet will be available to the public at the close of business of the Friday preceding the Council meeting. The Mayor has final approval of all items listed on the agenda. The Mayor may withdraw any item prior to the council meeting and must do so in writing in the form of an amendment notice provided to council at the start of the meeting. The amendment notice must include a stated reason for withdrawing the item. Council may choose to keep the item on the agenda by a majority vote. CHAPTER 4 4.1 Presiding Officer A. The Mayor shall be the presiding officer of the Council. In the Mayor's absence, the Mayor Pro Tem shall be the presiding officer, and in the absence of the Mayor and the Mayor Pro Tem the City Clerk shall call the meeting to order, and a temporary presiding officer shall then be selected by majority vote of the Council members present. Upon arrival of the Mayor or Mayor Pro Tem, the temporary presiding officer shall immediately relinquish the chair. If there is an appeal from a decision of the presiding officer, the Council as a whole shall decide the question by majority vote. B. The major functions of the presiding officer during Council sessions are generally to: 1. Call the meeting to order. 2. Announce the order of business as provided in the agenda. 3. State motions on "the table". 4. Put motions to a vote, when appropriate. 5. Announce the Council's decision on all subjects. 6. Prevent irrelevant or frivolous debate or discussion. 7. Maintain order and decorum. 8. Decide all questions of order. 9. Enforce the Council's rules of procedure. 4.2 Debate and Voting A. The Mayor as presiding officer may debate, but may not make a motion or vote. The Mayor Pro Tem as presiding officer or a temporary presiding officer may debate, vote as IIS a g e II 9 Page 86 of 132 a regular Council member and retain all the powers of a Council member, including the power to debate and vote on measures. The Presiding Officer is subject to the limitations of debate that are imposed on all Council Members. B. The Mayor Pro Tem or a temporary presiding officer shall be counted as a Council member when determining whether a quorum of the Council exists. C. The Mayor Pro Tem or temporary presiding officer shall affix his or her signature on documents that require the Mayor's signature. With regard to measures passed by the Council, the Mayor Pro Tem may sign the measure or may take no action as provided by Iowa Code § 380.6(3), in which case the measure becomes effective pursuant to said Section. However, the Mayor Pro Tem or temporary presiding officer shall not have the power to veto a measure. In the event the Mayor Pro Tem or temporary presiding officer takes no action on a measure and the Mayor resumes his or her office within fourteen days of the measure's passage by the Council, the Mayor may sign or veto the measure within the fourteen-day period. 4.3 Official Action City Council shall exercise power only by the passage of a motion, a resolution, an amendment, or an ordinance. Iowa Code § 364.3. Instructions for making motions is located in Appendix A, and a chart of motions can be found in Appendix B. 4.4 Motion A motion is a measure passed by the Council directing that a specific action be taken on behalf of the municipality. A motion becomes effective upon passage. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law. 4.5 Resolution A. A resolution is a formal statement of policy or order for action. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired, or where a more complete written record is appropriate. B. Resolutions require one reading and the approval of a majority of all of the members of the Council. They become effective once signed by the Mayor and are subject to the Mayor's power to veto or take no action. 4.6 Ordinance A. An ordinance is a legislative act prescribing a general, uniform, and permanent rule of conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law or to prescribe permanent rules of conduct which continue in force until repealed. However, the Council is always free to amend any ordinance it may deem appropriate, at any time. IPage II 10 Page 87 of 132 B. All ordinances require three readings to adopt. The second reading must be at least five days after the first reading unless waived. Upon a vote of not less than three- fourths of all of the members of the Council, the rule requiring the second and third readings of an ordinance may be suspended so that Council may proceed with final adoption of the ordinance following its first reading. Iowa Code § 380.3. C. An ordinance signed by the Mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment. D. The following procedure shall be followed for adopting an ordinance: 1. The ordinance must be reviewed by the City Attorney or the City Clerk then be placed on Ordinance Committee or work session agenda for review by Council. A draft of the ordinance must be made available to Council members at the time of the meeting. Once approved by Ordinance Committee or recommended to advance at a work session, the ordinance will be placed on the regular meeting agenda the following Monday. 2. The title of each ordinance shall in all cases be read prior to its passage. A Council member may make a motion to amend language in the ordinance prior to the adoption of the first reading. The City Attorney or City Clerk will make a determination of whether the material language of the amendment is appropriate prior to Council members taking a vote. Following approval of the first reading, Council members cannot make motions to amend the proposed ordinance to make material changes to the language. Non-substantive edits such as corrections for spelling or punctuation errors will be allowed. 3. If an ordinance fails at any stage of its adoption, the ordinance shall be considered defeated. 4.7 Mayor's Role in Approving Legislation A. As stated above, the Mayor may veto an ordinance, amendment, or resolution within fourteen days after passage. The mayor shall explain the reasons for the veto in a written message to the council at the time of the veto. Within thirty days after the Mayor's veto, the Council may pass the measure again by a vote of not less than two- thirds of all of the members of the Council. If the Mayor vetoes an ordinance, amendment, or resolution, and the Council repasses the measure after the Mayor's veto, a resolution becomes effective immediately upon re-passage, and an ordinance or amendment becomes effective when the ordinance or a summary thereof is published, unless a subsequent effective date is provided within the ordinance or amendment. B. If the Mayor takes no action on an ordinance, amendment or resolution, a resolution becomes effective fourteen days after the date of passage. An ordinance or amendment becomes effective when the ordinance or a summary of the ordinance is I age II 11 Page 88 of 132 published, but not sooner than fourteen days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment. 4.8 Tie Vote When a tie vote occurs, the motion fails. 4.9 Motion to Postpone Postponing an item or a motion to a specific date and time ensures that the item or motion will be on the agenda at the adopted date and time. Any item or motion which is to be considered at the next meeting should be postponed to that meeting rather than tabled. 4.10 Abstentions All Council members present at any meeting may disqualify themselves or abstain from voting in case of a conflict of interest, in which case the disqualification shall be publicly declared and a record made thereof. The City Attorney is available to help Council members decide if they should declare an abstention on any issue. 4.11 Conflict of Interest Doctrine A. Public meetings and formal action during those meetings are occurrences where appearances are as important as substance. The test of whether the appearance of a Conflict of Interest is present is as follows: "Would a disinterested person, having been apprised of the totality of a Council member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist?" B. Prior to taking office each Council member must complete a conflict of interest declaration form. Said forms shall be filed with the Chief Financial Officer, and Council members shall be required to disclose additional conflicts of interest as they arise. 4.12 Conflict of Interest Protests Anyone seeking to disqualify a Council member from participating in a decision based on a Conflict of Interest must raise the challenge as soon as the basis for disqualification is made known or reasonably should have been made known prior to the issuance of the decision. 4.13 Motion to Reconsider A. A motion may be reconsidered at any time during the same meeting of the Council or at the first meeting held thereafter. A motion for reconsideration being once made and decided in the negative, shall not be renewed before the next meeting. A motion to reconsider must be made and seconded by the members who voted on the prevailing side, or by those who were absent and did not vote upon the motion to be reconsidered. Waterloo Code of Ordinances, 1-4-3(f). B. If a motion to reconsider is not made at the first meeting after the meeting at which the item failed, the item shall be considered defeated and shall not be reconsidered unless the Mayor or Council recommend reintroducing the item. IFage II 12 Page 89 of 132 CHAPTER 5 5.1 Rules for Public Participation Iowa Code Chapter 21 gives the public the right to attend Council meetings but it does not require cities to allow public participation except during public hearings. The City encourages the public to participate during the oral presentations segment of the meeting by following the rules listed on the front of the agenda. 1. At the presiding officer's discretion, citizens may address an item on the current agenda by stepping to the podium, and after recognition by the presiding officer shall state their name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. Citizens may speak one (1) time per agenda item for a maximum of five (5) minutes as long as they 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 they may speak one (1) time per agenda item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the presiding officer will allow everyone who wishes to address the Council, using the same participation guidelines found in these "general rules". 4. Although not required by the City's code of ordinances, oral presentations may be allowed at the presiding officer's discretion. The "oral presentations" section of the agenda is a citizen's opportunity to address items not on the agenda. A citizen may speak one (1) time for a maximum of five (5) minutes as long as they 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 on any issue presented, but it may be placed on a future agenda or referred to the appropriate department. 5. Comments must be kept 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 319-291-4323. 7. Registered speakers will be given first priority. 5.2 Violating Rules of Public Participation IPage II 13 Page 90 of 132 Violations of the rules for public participation shall be handled at the presiding officer's discretion. The Chief of Police or designee shall serve as the Sergeant at Arms for meetings of the Council. The presiding officer may direct the Sergeant at Arms to eject anyone from the Council meeting for disruptions of any kind. 5.3 Information Requests Made During the Meeting Citizens and Council members can make requests for information and for investigation into a matter during a Council meeting. Requests for City records made during Council meetings should be treated as a formal request for public records and fulfilled pursuant to Iowa Code Chapter 22. Requests for investigation into a matter should be directed to the Mayor. The Mayor will direct the appropriate Department Head to investigate a matter and make a report to the Mayor. The conclusions of such report will be relayed to the citizen who made the request by the Department Head or Mayor. City staff shall not be expected to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda. CHAPTER 6 6.1 Purpose A. The citizens and businesses of Waterloo deserve a fair, ethical, and accountable local government, which has earned the public's full confidence for integrity. The effective functioning of democratic government requires that public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; public officials be independent, impartial and fair in their judgment and actions; public office be used for the public good, not for personal gain; and public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. B. To this end, the Waterloo City Council has adopted a Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. 6.2 Implementation As an expression of the standards of conduct for Council members expected by the City, the Waterloo Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for Mayor and Council and newly elected and appointed officials. Council members entering office shall sign a statement affirming they have read and understood the City of Waterloo Code of Ethics. 6.3 Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, Council members will work for the common good of the people of Waterloo and not for IPage II 14. Page 91 of 132 any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Council. 6.4 Comply with the Law Council members shall comply with the laws of the United States, the State of Iowa and the City of Waterloo in the performance of their public duties. These laws include, but are not limited to: the United States and Iowa constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies. 6.5. Conduct of Members The professional and personal conduct of Council members must be above reproach and avoid impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards and commissions, the staff or public. 6.6 Respect for Process Council members shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff. 6.7 Conduct of Public Meetings Council members shall prepare for public meetings; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 6.8 Conflict of Interest A. In order to assure their independence and impartiality on behalf of the common good, Council members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. B. In accordance with the law, no member shall participate in the disposition of any matter in which he or she is interested. For purposes of this section "interested" includes any direct or indirect financial or personal interest held by a member or member of his/her family. Before any matter is heard, a member having an interest shall state it and withdraw from participation and discussion, or he/she may disclose the facts involved and request a determination by the Council of whether a conflict of interest exists. Any question of the existence or non-existence of a conflict of interest sufficient to disqualify a member from participating in the disposition of any matter shall be decided by a majority vote of the other members of the Council. In case of a tie, the member shall be disqualified from debating or voting on the matter under consideration. IPage II 1 Page 92 of 132 6.9. Gifts and Favors Council members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits, which might compromise their independence of judgment or action or give the appearance of being compromised. 6.10 Confidential Information Council members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 6.11 Use of Public Resources Council members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes. 6.12 Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City. 6.13 Advocacy Members shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent the Council or the City of Waterloo, nor will they allow the inference that they do. 6.14 Policy Role of Members Members shall respect and adhere to the mayor-council structure of Waterloo city government as outlined by Iowa Code § 372.4. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards and commissions, and City staff. 6.15 Independence of Boards and Commissions Because of the value of the independent advice of boards and commissions to the public decision making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings. 6.16 Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Council Members shall recognize their special role in dealings with City employees and must avoid creating the perception of inappropriate direction to staff. IPage II 1 Page 93 of 132 6.17 Compliance and Enforcement A. The Waterloo Code of Ethics expresses standards of ethical conduct expected for members of the Waterloo City Council. Council members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. B. Council members who intentionally and repeatedly do not follow proper ethical standards may be reprimanded or formally censured by the Council. It is the responsibility of the Council to initiate action if a Council member's behavior may warrant reprimand or censure. Council members should point out to the offending Council member infractions of the Code of Ethics or Code of Conduct. C. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Mayor Pro Tem. It is the responsibility of the Mayor to initiate action if a Council member's behavior may warrant censure. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting. D. If violation of the Code of Ethics is outside of the observed behaviors by the Mayor or Council members, the alleged violation should be referred to the Mayor. The Mayor should ask the City Attorney to investigate the allegation and report the findings to the Mayor. It is the Mayor's responsibility to take the next appropriate action. These actions can include, but are not limited to discussing and counseling the individual on the violations or recommending censure to the full Council to consider in a public meeting. E. A violation of this Code of Ethics shall not be considered a basis for challenging the validity of a Council decision. 6.18 Member Statement Required City Council members will be required to sign the Member Statement found in Appendix B. IPage II 17 Page 94 of 132 APPENDIX A Classification of Motions: A. Main Motions: A main motion is one which independently presents an idea for consideration. Only one main motion can be considered at a given time, and such a motion, when introduced, excludes all other main motions until it has been voted upon or disposed of otherwise. B. Subsidiary Motions: A subsidiary motion is one growing out of and applied to another motion already under consideration. Their existence as motions depends entirely upon the principal motion to which they are subordinate. Adoption of a subsidiary motion in some way changes the status of a main motion without adopting or expressly rejecting it. Examples are motions to amend, postpone, and lay on the table. Such motions must be voted upon before voting upon the motion to which they apply. C. Privileged Motions: A privileged motion is one that is so vital in character that it takes precedence over all other motions. Such motions have no connection with the motion under consideration. Example are motions to call for orders of the day (i.e., follow the agenda), recess, adjournment, and raising a question of privilege. A privileged motion sets aside temporarily any business under consideration. D. Incidental Motions: An incidental motion is one growing out of another motion already under consideration. An incidental motion typically relates to the manner of handling a pending motion, such as matters of proper procedure, voting, and providing or obtaining information. Such a motion must be disposed of before the main motion or other business under consideration. Progress of Motions: A. A Council member addresses the presiding officer and, once recognized, has the floor and is the only member entitled to present or discuss a motion. B. A motion is introduced in the form, "I move that" or "I make a motion to" followed by a statement of the proposal. Aside from very brief explanatory remarks, it is not permissible to discuss the merits of a motion prior to, or immediately following, the formal proposal of the motion. All discussion must wait until the presiding officer has stated the motion and has asked for discussion. C. Another Council member, without addressing the presiding officer, may second the motion. Seconding the motion is merely an indication that the Council IPage II 13 Page 95 of 132 member seconding it wishes the matter to come to the Council for consideration. If no one seconds the motion, it fails due to lack of a second. D. After the motion has been formally stated by the presiding officer, any Council member has a right to discuss the issue. Council members desiring to discuss must obtain the floor in the same manner as when presenting a motion. E. When all Council members who desire to discuss the question have done so, the presiding officer may put the motion to a vote. The presiding officer will ask for a voice vote or, if appropriate, proceed to instruct the City Clerk to take a roll call vote. F. The presiding officer formally announces the result of the vote, stating whether the motion passed or failed. As soon as the vote has been announced, another motion is in order. Amendments to Motions An amendment to a motion changes a motion by adding to, taking from, or by altering the motion. The purpose of the motion to amend is to add clarity to the motion on the table. A. Methods of Amending Motions: 1. By Addition or Insertion: To add something to the motion, which it did not contain. 2. By Eliminating or By Striking Out: To subtract or eliminate something from a motion that was originally a part of the motion. 3. By Substitution: This method is a combination of the first two (2) methods, since in amending by substitution something is stricken out and something inserted in its place. The substitution may consist of a word, a phrase, a clause, or an entirely new motion. B. Progress of Amendments: 1. Amendments of the first rank. This is an amendment to the motion. 2. Amendments of the second rank. This is an amendment to the amendment. This type of amendment must modify and relate directly to the amendment and not to the main motion. Otherwise, it is out of order. It is not in order to propose more than one amendment of each rank at one time. If a Council member wishes to amend two (2) separate and related parts of a motion, this must be done by two (2) amendments of the second rank, and one must be voted upon before the other is proposed. It is permissible to have a motion, one amendment to the motion (amendment of the first rank), and one amendment to the amendment IPage II 19 Page 96 of 132 (amendment of the second rank) before the Council at once. Until the amendment of the second rank has been voted upon, no other amendment of the second rank is in order. Until the amendment of the first rank is voted upon, no other amendment of the first rank can be proposed. Order of Voting: A. Amendments are voted upon in inverse order; that is, the amendment of the second rank is disposed of first. B. Discussion is held and the vote taken upon the amendment to the amendment. C. Discussion is held and the vote taken upon the amendment to the motion. D. When the vote on the amendments have been taken, discussion upon the original or the main motion as amended is held and when completed, a vote is taken upon the original or main motion as amended. IPage II29 Page 97 of 132 APPENDIX B May Requires Interrupt a a Vote Motions That Speaker Second Debatable Required May Apply L Privileged motions 1. To fix time at No Yes Limited Majority Amend, which to adjourn reconsider 2. To adjourn No Yes No Majority None (unqualified) 3. To take a recess No Yes Limited Majority Amend i 4. To rise to a Yes No No Chair rules All question of privilege L 5. To call for the Yes No No None None orders of the day L Subsidiary motions: L 6. To lay on, or take No Yes No Majority None from, the table i 7. To call for the No Yes No Z/3 Reconsider previous question 8. To limit, or extend No Yes Limited z/3 Amend, limits, of debate reconsider 9. To postpone No Yes Limited Majority Amend, definitely reconsider, previous question 10. To refer to a No Yes Limited Majority Amend, committee reconsider, previous question 11. Amend No Yes Yes Majority Amend, reconsider, previous question Il age II 21 Page 98 of 132 12. To postpone No Yes Yes Majority Limit debate, indefinitely previous question, reconsider Main motions: 13. a. General main No Yes Yes Majority All motions b. Specific main notions: To take from the No Yes No Majority None table To reconsider Yes Yes Yes Majority Limited debate, previous question, table To reconsider and Yes Yes No None until Postpone have entered on called for definitely, none the minutes To rescind No Yes .... Yes Z/3 All To expunge No Yes Yes 2/3 All To adopt a No Yes Yes Majority All resolution To adjourn No Yes Limited Majority Amend, (qualified) reconsider To create orders No Yes Yes General - All of the day majority (spec.) Special - 2/3 To amend No Yes Yes Majority Amend, (constitution, reconsider etc.) previous question, limited debate Incidental motions: To suspend No Yes No 2/3 None rules To withdraw a No No No Majority Reconsider motion iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillilillillillilI Il age II 22 Page 99 of 132 To read papers No Yes No Majority ority All To object to Yes No No z/3 All consideration To rise to a point Yes No No Chair rules None of order or majority To rise to Yes No No None None parliamentary inquiry To appeal from Yes Yes Limited Majority All except decision of chair amend To call for division Yes No No Majority All of house To call for division No Yes No Majority All of question iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilillillilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillilillillillilI Motions for Special Purposes Kind of Motion Object Effect To lay on the table Clear floor for more urgent Delays action business To call for previous question Secure immediate vote on Ends debate pending question To limit or extend time for debate Provide more or less time for Shortens or lengthens discussion discussion period To postpone definitely(to a certain Often gives more time for Delays action time) informal discussion and for securing followers To commit or refer To enable more careful Delays action consideration to be given To amend To improve the motion To change the original motion To postpone indefinitely To prevent a vote on the To suppress the question question To raise a point of order To call attention to violation Keeps group functioning of rules according to parliamentary procedures iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilliillillillillillillilliillillillillillillillilliillillillillillillilliillillillillillillillillillilliillillillillillillillilliillillillillillillilliillillillillillillillillillilliillillillillillillillilliillillillillillillilliillillillillillillillillillilliillillillillillillillilliillillillillillillilliillillillillillillillillillilliillillillillillillillilliillillillillillillilliillillillillillillillillillilliillillillillillillillilliillillillillillillilliillillillillillillillillillilliillillillillillillillilliillillillillillillilliillillillillillillillillillilliillillillilillillillill� IPage II23 Page 100 of 132 To appeal from the decision of the To determine the attitude of Secures ruling of the group chair the group on the ruling made rather than by the chair by the chair To suspend the rules To permit action not possible Secure action which would under the rules otherwise be prevented by the rules To object to the consideration of a Prevent wasting time on Suppress the motion question unimportant business To divide the question Secure more careful Secures action by parts consideration of parts To nominate Suggest names for office Places before the group names for consideration To make a request growing out of To secure information or ask Provide information pending business to be excused from a duty To fix the time at which to adjourn To have legal continuation of Sets definite continuation the meeting time To adjourn End the meeting Adjourns the meeting To take a recess To secure an intermission Delays action To raise a question of privilege To correct undesirable Corrects undesirable conditions condition To call for the order of the day To secure adherence to Same as object order of business To take from the table Continue the consideration of Continue consideration of the question question To reconsider(only a member of the To reconsider the question Secures further prevailing side may make this motion) consideration and another vote on the question To reconsider and have entered on the To reconsider the question at Secures further minutes (only a member of the the next meeting consideration and another prevailing side may make this motion) vote on the question To rescind Repeal action previously Same as object taken i To ratify Approves previous action Same as object taken IPage II 24. Page 101 of 132 APPENDIX C WATERLOO CITY COUNCIL CODE OF ETHICS As a member of the Waterloo City Council, I agree to uphold the Code of Ethics for elected and appointed officials adopted by the City and conduct myself by the following model of excellence. I will: 1. Recognize the worth of individual members and appreciate their individual talents, perspectives and contributions. 2. Help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential. 3. Conduct my personal and public affairs with honesty, integrity, fairness and respect for others. 4. Respect the dignity and privacy of individuals and organizations. 5. Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit. 6. Avoid and discourage conduct, which is divisive or harmful to the best interests of Waterloo. 7. Treat all people with whom I come in contact in the way I wish to be treated. I affirm that I have read, understood, and will uphold the City of Waterloo Code of Ethics. Signature Date Printed Name IPage II25 Page 102 of 132 CITY OF WATERLOO Council Communication Resolution approving Consolidated Public Safety Communications 28E Agreement with Black Hawk County, Cedar Falls, Evansdale, Hudson, La Porte City, Dunkerton, and Gilbertville, and authorize the Mayor to execute said documents.D City Council Meeting: 9/17/2018 Prepared: 9/7/2018 REVIEWERS: Department Reviewer Action Date Pofice Departrnent "prellka, Dmmm'iel Approved 9/7/2018 �2:03 PM (.`der Office ppi;l) ; 114ammcy Approved 9/10/2018 ... 12.14 PM ATTACHMENTS: Description Type Corisolidamted (fisp"ma9tcli 28e M<".nio Resolution approving Consolidated Public Safety Communications 28E SUBJECT: Aaeement with Black Hawk County, Cedar Falls. Evansdale, Hudson, La Porte City. Dunkerton. and Gilbertville, and authorize the Mayor to execute said documents. Submitted by: Submitted By: Daniel J. Trellia, Chief of Police Recommended Action: Approve Summary Statement: This is re-affirming an arrangement the city has been involved with for over 20 years. Page 103 of 132 CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS 28E AGREEMENT ARTICLES of 28E AGREEMENT made and entered into this 1st day of August , 2018, by and between the parties, Black Hawk County, hereafter referred to as "County"; the City of Waterloo, hereafter referred to as "Waterloo"; the City of Cedar Falls, hereafter referred to as "Cedar Falls"; the City of Evansdale, hereafter referred to as "Evansdale"; the City of Hudson, hereafter referred to as "Hudson"; the City of La Porte City, hereafter referred to as "La Porte"; the City of Dunkerton, hereafter referred to as "Dunkerton"; and the City of Gilbertville, hereafter referred to as "Gilbertville"; or such of them as may become signatories hereto. IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: ARTICLE 1: PURPOSE For the purpose of gaining economy of operations while maintaining improving, and coordinating the professional dispatching of public safety services in Black Hawk County, the Consolidated Public Safety Communications Center, hereafter referred to as the "Center" is hereby created. The Center shall be operated and maintained pursuant to this Agreement and shall provide dispatch and communications services to all participating government agencies in Black Hawk County. ARTICLE 2: PLACE OF OPERATION The Center shall be housed at County expense in a facility provided by Black Hawk County. However, utilities. Cleaning, remodeling and such other expense attributable to the Center operations will be prorated among the parties. ARTICLE 3: LEGAL STATUS No separate legal entity under Iowa law is created nor is any obligation incurred by the participating parties other than those specified in this Agreement or as may be added by amendment properly executed in the manner hereafter provided. This Agreement is intended to obligate the participants pursuant to Chapter 28E of the Code of Iowa. ARTICLE 4. COMMENCEMENT OF OPERATIONS Center operations shall commence on a date determined by the Center Board. Start-up costs and costs incurred in implementing this Agreement shall be advanced by the County and reimbursed according to the formula set out in this Agreement if some or all of the funding anticipated has not yet been received at time of commencement. The entities providing the funds shall be reimbursed proportionately. ARTICLE 5: DURATION The duration and existence of this Agreement shall be for a period of one year with automatic renewal unless terminated by the parties according to the terms of the Agreement hereafter provided. The attached assessments shall be reviewed every three years. Page 104 of 132 ARTICLE 6: CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER BOARD SECTION I: There is hereby created a Consolidated Public Safety Communications Center Board, herein referred to as the Center Board, which shall be operated pursuant to this Agreement. SECTION 2: An eleven-member Public Safety Communications Center Board (hereafter referred to as the "Center Board") composed of: the Black Hawk County Sheriff, the City of Waterloo Fire Chief, the City of Waterloo Police Chief, the City of Cedar Falls Police Chief, the City of Cedar Falls Fire Chief, the City of Evansdale Police Chief, the City of Hudson Police Chief, the City of La Porte City Police Chief, the City of Dunkerton Police Chief, the City of Gilbertville Police Chief, and one Fire Chief representing the other fire departments "whose home base is within a city that is located in Black Hawk County, is hereby created. SECTION 3: The Center Board shall adopt, establish and approve all policies and procedures and be responsible for the operation of the Center subject to the limitations and dispute resolution procedures of this agreement, except that the Center Board shall adopt Black Hawk County Personnel Policies, which shall be applicable to all Center personnel. SECTION 4: The position of Chairperson of the Center Board shall be selected by the Center Board on a majority vote on an annual basis. The Chairperson, through the Center Administrative Supervisor, shall cause minutes of the Center Board meetings to be prepared and distributed to the Center Board members and the participating cities' Mayors and the County Board of Supervisors. Each Center Board member shall be entitled to one vote. All meetings shall be governed by the parliamentary procedures set forth in Robert's Rules of Order. SECTION 5: The meetings of the Center Board shall be public proceedings subject to the Iowa Open Meetings Law. To the extent allowed by the Iowa Open Records Law, the minutes and records of the Center shall be public. ARTICLE 7: CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS BUDGET OVERSIGHT BOARD SECTION 1: A Consolidated Public Safety Communications Budget Oversight Board (herein- after referred to as the Oversight Board) composed of the County Board of Supervisors (who collectively shall have only one vote) and the Mayors of the participating cities is hereby created. This Board shall be called together by the Chairperson of the County Board of Supervisors in November of each year for the purpose of discussing and approving the budget of the Communications Center as proposed by the Center Board for the coming fiscal year. The Chairperson shall cause minutes of the Oversight Board meetings to be prepared and distributed to the Oversight Board members. Each Oversight Board member shall be entitled to one vote, except the County Board of Supervisors, who collectively shall have only one vote. All meetings shall be governed by the parliamentary procedures set forth in Robert's Rules of Order. SECTION 2: The Chairperson of the County Board of Supervisors may call additional meetings from time to time to discuss concerns. In the event of the unavailability of the Chairperson of the County Board of Supervisors, any two Mayors of participating cities may call a special meeting. SECTION 3: The meetings of the Budget Oversight Board shall be public proceedings subject to the Iowa Open Meetings Law. To the extent allowed by the Iowa Open Records Law, the minutes and the records of the Center shall be public. Page 105 of 132 ARTICLE 8: COMMUNICATIONS CENTER MANAGEMENT SECTION 1: All the usual and customary administrative, personnel, civil service regulations, accounting, budgetary, and procurement policies of Black Hawk County shall govern the Center in its operations and activities unless they conflict with policies and procedures adopted pursuant to this Agreement. Established collective bargaining agreements shall also supersede any Center Board policies or procedures. In the event of a conflict, except with regard to collective bargaining matters, the conflict resolution procedures of Article 8 shall apply. SECTION 2: The day-to-day operation of the Center shall be under the direction, supervision and management of the Chairperson of the Board, who shall delegate such authority for the operation and management of the Center as he or she deems appropriate, with the consent of the Center Board. The power of delegation includes the power to direct and control all Center personnel and operations of the Center pursuant to the operating procedures established by the Center Board. SECTION 3: The management staff of the Center shall be appointed by the Center Board, which will also have the authority to remove an employee from a position with the Center for reasons deemed sufficient by the Center Board. The management staff of the Center shall be supervised by the Chairperson of the Center Board on behalf of the Center Board, subject to County policies as set out herein. Center management shall comply with all administrative, personnel, accounting, budgetary and procurement policies of Black Hawk County unless they conflict with policies and procedures contained in this agreement. SECTION 4: The Chairperson of the Center Board shall appoint a Personnel Committee f o in the members of the Center Board. The Board Personnel Committee shall be responsible for all hiring and termination of Center employees as well as the issuance of disciplinary actions to Center employees. All actions of the Personnel Committee regarding hiring and termination of Center employees shall be ratified by the Center Board. ARTICLE 9: COUNTY EMPLOYEES All Center employees, including the management staff, shall be employees of Black Hawk County. Payroll and terms of employment shall be administered by Black Hawk County. ARTICLE 10: FINANCING The costs shares of the participants, the method of payment. and special financing arrangements and ownership of property shall be as follows: All personnel, equipment, and operating costs shall be advanced by and billed through Black Hawk County. The participants shall reimburse Black Hawk County for same as set forth in the attached Exhibit A that represents each jurisdiction's share of personnel costs. The E911 board will pay for 100 percent of all E911 related costs that are eligible under Iowa Code Chapter 34A to be recovered from the subscriber access charge. Related E911 costs which are construed by this agreement to be included are, but not limited to, the installation of all necessary communications equipment and on-going system maintenance. Page 106 of 132 Reimbursement to Black Hawk County by the participants shall be determined as follows: Each participant's percentage shall be based on a three-year average of calls for service for that agency. Those percentages will then be set for the next three years. After that period of time, the percentages will be reviewed and recommendations will be made at that time. The Center's Board will apply these percentages and submit the calculations, along with their proposed budget, to member governmental bodies and the Budget Oversight Review Board by November I of each year. This will provide sufficient time for review and approval by each representative agency prior to the certification of their respective fiscal year budgets. ARTICLE 11: BUDGET PREPARATION SECTION 1 : The annual operating budget shall be prepared by the Administrative Supervisor and submitted to the Center Board for preliminary approval in October of each year. SECTION 2: Copies of the projected costs for each agency for each fiscal year will be glven to each representative agency as part of the budget process as stated in Article I. SECTION 3: By November of each year, the Chairperson of the Center Board will forward the preliminary budget, along with the assessment factor, to the Budget Oversight Board for their approval, as laid out in Article 7. SECTION 4: By December of each year, the Chairperson of the Black Hawk County Board of Supervisors shall forward the approved Center Budget to the County Finance Director for submission as part of the budget of Black Hawk County and to the County Auditor for billing. ARTICLE 12: INSURANCE The Center Board shall seek and maintain liability or comprehensive insurance coverage for Center operations and costs for same shall be divided and shared as provided for herein. Any participant may elect to obtain its own coverage for any separate liability it may have for Center operations. ARTICLE 13: DISPUTE RESOLUTION In the event of a dispute between the Center Board, the County and the Cities, the dispute may be submitted to arbitration. In order to quality as a dispute, the matter must involve the center budget, center operation, or the terms of this agreement. At least four participants from the Center Board, County, or the Cities are required to request that the matter be submitted for arbitration. The parties hereto agree that such a dispute between them shall be resolved by arbitration pursuant to and as authorized by Chapter 679A, Code of Iowa, 2013. In the event of such a dispute to be submitted for arbitration, the District Court shall be requested to appoint three (3) arbitrators to hear the matter. ARTICLE 14: TERMINATION SECTION 1: Any party to this agreement may terminate its participation herein by giving at least twelve (12) month's prior written notice to all the other parties. Termination of the withdrawing party shall be effective at the beginning of the next fiscal year following the twelve (12) month notice. Page 107 of 132 SECTION 2: Termination shall not relieve the County, Cities, or the E911 Board of any financial obligation incurred before the effective termination date under the terms of this Agreement. SECTION 3: Equipment and furniture owned solely by the County, Cities, or E911 Board shall be distributed according to the inventory of the Center Board. Equipment and furniture owned jointly shall be distributed in a manner consistent with the basis of the member's contribution. Distribution shall be based upon a majority vote of all members eligible to vote on the Center Board. Where full agreement is not reached, the equipment and furniture shall be liquidated and the proceeds distributed to the parties to the Agreement prorated upon the same basis that the parties contributed to the purchase of the equipment and furniture. SECTION 4: The Center Board shall not be dissolved when there remains any indebtedness incurred by the Center Board. ARTICLE 15: AMENDMENTS The terms of this Agreement shall be amended onlv upon approval of any proposed amendment by a simple majority resolution of the participants. ARTICLE 16: SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of application of this Agreement which can be given effect without the invalid provisions or application and to this end the provisions of this Agreement are declared to be severable. ARTICLE 17: ADOPTION This Agreement shall have full force and effect upon ratification by a county of the participants. except that it shall not be effective unless ratified by Black Hawk County, the City of Waterloo, and the City of Cedar Falls. Amendment dated this_1st day of Au ust , 2018. Page 108 of 132 BLACK HAWK COUNTY, IOWA CITY OF WATERLOO, IOWA BY: BY: Signature Signature Chairperson Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF CEDAR FALLS, IOWA CITY OF EVANSDALE, IOWA BY: BY: Signature Signature Mayor Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF HUDSON, IOWA CITY OF LAPORTE CITY, IOWA BY: BY: Signature Signature Mayor _ Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF DUNKERTON, IOWA CITY OF GILBERTVILLE, IOWA BY: BY: Signature Signature Mayor _ Mayor Printed name Printed name Attest: Attest: Signature Signature Page 109 of 132 ATTACHMENT A ANNUAL ASSESSMENT CALL FOR SERVICE PERCENTAGE For FY 19, FY20, and FY21 City of Waterloo 61 .09% City of Cedar Falls 19.83% Black Hawk County 10.96% City of Evansdale 4.21% City of LaPorte City 1 .69% City of Hudson 1 .59% City of Dunkerton .25% City of Gilbertville .38% These percentages are for a three-year period and will be reviewed again in fiscal year 2021 for the fiscal years 2022, 2023 and 2024. Page 110 of 132 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with Canterbury Court Real Estate, LLC, for the construction of a 5,320 square foot medical office building in the San Marnan TIF District, adding $1,467,730 of taxable value to site, and offering four years at 90% tax rebates, two years at 85%, two years at 80% and one year at 78%, and authorize Mayor and City Clerk to execute all necessary documents. City Council Meeting: 9/17/2018 Prepared: 9/11/2018 REVIEWERS: Department Reviewer Action Date Ppmtiing& Zona rig Scll roedcrr, A.nic Approved 9/11/2018 ... 9:46 AM C`ped(. Office 1 pi ing, Tit nuncy Apapnr�n�ed i➢/11/2,iD i 4i ... 1 p1.57 Al 1 ATTACHMENTS: Description Type A.gTeenierft Backup p Materiall Resolution approving a Development Agreement with Canterbluy Court Real Estate, LLC, for the construction of a 5,320 square foot medical office SUBJECT: building in the San Marnan TIF District, adding 51,467,730 of taxable value to site, and offering four years at 90% tax rebates, two years at 85%, two years at 80% and one year at 78%, and authorize Mayor and City Clerk to execute all necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Resolution approving Development Agreement The attached agreement will allow for continued development in the San Martian corridor area with the construction of a new 5,320 sq. ft. medical office building. This project represents the City of Waterloo helping an existing business to expand and relocatein the City of Waterloo. This will bring additional construction and taxable value to the community, while also working to provide for office space from the building to be moved from, for other potential small business development. This is a standard Development Agreement for the area, as the rebates are calculated to pay back the company for the purchase of land for the project. Summary Statement: The City of Waterloo will see the taxable value of$1,467,730.00 million to be paid into the TIF District to help with future project development. Rebates are scheduled as followed: Year 1 90% Year 2 90% Year 3 90% Page 111 of 132 Year 4 90% Year 5 85% Year 6 85% Year 7 80% Year 8 80% Year 9 78% Expenditure Required: Tax Rebates Source of Funds: TIF Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: NA Legal Descriptions: COUNTRY CLUB BUSINESS CENTER THIRD ADDITION LOT 3 Page 112 of 132 a i i i. i. Preparer: Christopher S.Wendland P.O. Box 596 Waterloo Iowa 50704 319 234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, iA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2018 by and between Canterbury Court Real Estate, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the San Marnan Development Plan urban renewal area, which property is legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase of Property; Improvements by Company. Company has purchased the Property, consisting of assessor parcel no. 8813-09-102-005, for the sum of$455,000.00 (the "Purchase Price"). Company shall construct on the Property a medical office building consisting of approximately 5,320 square feet, and related parking, landscaping and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances. It is contemplated that the assessed value of the land and building upon completion will be approximately $1,467,730.00. The Property, the Improvements, and all site preparation and development-related work to make the "s s Page 113 of 132 Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not do so. Company has obtained a building permit and begun construction prior to the date of this Agreement and must substantially complete construction within twelve (12) months thereafter (the "Completion Date"). If construction is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be substantially completed by the Completion Date, shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension this Agreement shall be cancelled at the sole option of City. If construction is not substantially completed by the Completion Date, then the parties agree to execute an amendment to this Agreement and to the Minimum Assessment Agreement to extend the date specified in Section 3 below and the dates specified in corresponding provisions of the Minimum Assessment Agreement. 3. Minimum Assessment Agreement. Company acknowledges and agrees that it, or any successor in title to the Property, will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to January 1, 2040, it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $1,467,730.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 4. Property Tax Rebates. Provided that Company has completed the Improvements as set forth in paragraphs 1 and 2 and has executed the Minimum Assessment Agreement as set forth in paragraph 3, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 2 Page 114 of 132 a. Year One 90% rebate b. Year Two 90% rebate C. Year Three 90% rebate d. Year Four 90% rebate e. Year Five 85% rebate f. Year Six 85% rebate g. Year Seven 80% rebate h. Year Eight 80% rebate i. Year Nine 78% rebate for any taxable value over the January 1, 2017 value of $435,650.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be subject to forfeiture. The assessed value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of$500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 5. Future Project. If Company intends to construct a second building on the Property, consisting of no less than 5,000 square feet, within seven (7) years from the date of this Agreement, then the parties shall enter into a development agreement with respect to such project. Among other terms, the future agreement will provide for a schedule of rebates that matches the schedule set forth in Section 4 above. 6. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 7. Representations and Warranties of City. City hereby represents and warrants as follows: 3 Page 115 of 132 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 10. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 4426 Wynnewood Drive, Cedar Falls, Iowa 50613, facsimile number: attention: Dr. Ryan N. Borgwardt. 4 Page 116 of 132 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 11. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 12. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 13. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 14. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 15. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, legal representatives, and future owners of the Property. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 5 Page 117 of 132 17. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit"B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 18. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CANTERBURY COURT REAL ESTATE, LLC "-'-7-" -, By: By: Quentin M. Hart, Mayor Dr. Ryan N. Borgw4dt Title: Member and Manager Attest: Kelley Felchle, City Clerk 6 Page 118 of 132 EXHIBIT "A" Legal Description of Property: Lot 3, Country Club Business Center Third Addition, City of Waterloo, Black Hawk County, Iowa. 7 Page 119 of 132 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2018 by and among the CITY OF WATERLOO, IOWA ("City"), Canterbury Court Real Estate, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit"A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the San Marnan Development Plan urban renewal area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $1,467,730.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2019. if it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2039. Nothing herein shall be deemed to waive the Company's rights under Iowa Code 9 Page 120 of 132 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA CANTERBURY COURT REAL ESTATE, LLC By: By: Quentin M. Hart, Mayor Dr. Ryan N. Bor—g'w' ardt Title: Member'and Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City 10 Page 121 of 132 Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. JASON W KLEIN COMMISSION NO.801945 MY COMMISSION EXPIRES __LEBRUARY23,2020 Notary Public STATE OF IOWA ) SS' COUNTY OF BLACK HAWK ry Subscribed and sworn to before me on 2018, by Dr. Ryan N. Borgwardt as Member and Manager of Canterbury Court Real Estate, LLC. No Public 11 Page 122 of 132 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than One Million Four Hundred Sixty-Seven Thousand Seven Hundred Thirty Dollars ($1,467,730.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss' COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 123 of 132 CITY OF WATERLOO Council Communication Resolution approving Preconstruction Agreement with Iowa Department of Transportation in the amount of $176,179.24, for primary road improvements pertaining to the asphalt resurfacing of US 63 from Donald Street to city limits; and authorize Mayor and City Clerk to execute said document. City Council Meeting: 9/17/2018 Prepared: 9/11/2018 REVIEWERS: Department Reviewer Action Date 1^::&cc6ng 1Cmmmmtsobi, Janie Approved 9/11/2018 X0.52 Al (.` erk Office p p gt.)y; 114ammmcy Approved 9/11/2018 ... 10-56 /Gly ATTACHMENTS: Description Type 1)recom ....LJS 63 Donald St k.w city duummits Menio Resolution approving Preconstruction Agreement with Iowa Department of SUBJECT: Transportation in the amount of$176,179.24, for primary road improvements pertaining to the asphalt resurfacing of US 63 from Donald Street to city limits; and authorize Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jeff Bales,Associate Engineer Summary Statement: Estimated City cost amounts to $176,179.24 for curb and intake top replacements. This will be paid out of Road Use Tax funds. Expenditure Required: $176,179.24 Source of Funds: Road Use Tax Page 124 of 132 July 2014 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. NHSN-063-6(93)--2R-07 Iowa DOT Agreement No. 2019-6-018 Staff Action No. This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to U.S. 63 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT will design, let, and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Hot Mix Asphalt (HMA) resurfacing on U.S. 63 from Donald Street in Waterloo to County Road C66. b. As part of the project, the LPA has requested curb and intake top replacements within the city all at no cost to the DOT. (See Exhibit A for costs). c. All storm sewers constructed by the DOT as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The LPA will not make any connections to said storm sewers without the prior written approval of the DOT. The LPA will prevent use of such storm sewers as a sanitary sewer. 2. Project Costs a. The LPA shall reimburse the DOT for its share of the project costs estimated at$176,179.24, as shown in Exhibit A. The amount paid by the LPA upon completion of construction and proper billing by the DOT will be determined by the quantities shown in Exhibit B and the actual unit prices of the accepted bid at the contract letting. b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. Waterloo.14859.1.Precon—Ag reement_US_63_Donal d_Street_to_City_Lim its.docx 1 Page 125 of 132 July 2014 3. Traffic Control a. U.S. 63 through-traffic will be maintained during the construction. b. If it becomes necessary to temporarily close LPA side roads during construction, the DOT will furnish and install the required barricades and signing for the closure at project cost and shall remove same upon completion of the project also at no expense or obligation to the LPA. The DOT will work in close cooperation with the LPA and the contractor to accommodate emergency services and local access across the project during construction. Any detours which may be necessary for project related LPA road closures will be the responsibility of the LPA all at no expense or obligation to the DOT. c. If this project causes the temporary closure of a road during construction, the DOT shall meet with the LPA to determine whether said closure(s)will cause increased traffic on other LPA roads. The DOT and the LPA shall determine a plan, and the costs thereof, for the LPA to perform dust control on said LPA roads with increased traffic, should dust control become necessary. In that event, the LPA shall inform the DOT prior to performing said dust control. The DOT shall reimburse the LPA for the cost of said dust control measures following the receipt of a bill for the agreed upon costs (see Iowa Code section 313.4 subsection 1.b.). 4. Right of Way and Permits a. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code Chapter 150.3(1)c and 150.4(2)will remove or cause to be removed (within the corporate limits)all encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. b. The DOT will be responsible for the coordination of utility facility adjustments for the primary road project. c. The LPA agrees to relocate all city-owned utilities necessary for construction which are located within the existing street or alley right of way, subject to the approval of and without expense to the DOT and in accordance with 761 Iowa Administrative Code Chapter 150.4(5) and the DOT Utility Accommodation Policy. d. With the exception of service connections no new or future utility occupancy of project right of way, nor any future relocations of or alterations to existing utilities within said right of way will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. 5. Construction & Maintenance a. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. b. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. Waterloo.14859.1.Precon—Ag reement_US_63_Donal d_Street_to_City_Lim its.docx 2 Page 126 of 132 July 2014 c. Future maintenance of the primary highway within the project area will be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 6. General Provisions a. If the LPA has completed a Flood Insurance Study(FIS)for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study(FIS)for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. b. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. c. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. d. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. e. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. f. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein.Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. Waterloo.14859.1.Precon—Ag reement_US_63_Donal d_Street_to_City_Lim its.docx 3 Page 127 of 132 July 2014 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2019-6-018 as of the date shown opposite its signature below. CITY OF WATERLOO: By: Date 120 Title: Mayor I, certify that I am the Clerk of the City, and that , who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the day of , 20_ Signed: City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: Date 120 . E. Jon Ranney District Engineer District 2 Waterloo.14859.1.Precon—Ag reement_US_63_Donal d_Street_to_City_Lim its.docx 4 Page 128 of 132 July 2014 EXHIBIT A City Intake Top Replacements 104-11 08-01-08 REBUILDING OF INTAKES AND UTILITY ACCESSES NO. Locatim yp Ad, sLation � e justunent 35569 10f61 Ll SW'-508 replace top 34956 10061 R1 SW'-508 replace top 34961 14445 R1 SW'-508 replace top 34963 20450 RT SW'-508 replace top 34967 23425 RT SW'-508replace top 34969 27f00 R1 SW'-508 replace top 34970 30015 R1 SW'-510 replace top 35565 30f15 Ll SW'-510 replace top 34972 30f75 R1 SW'-510replace top 34974 34060 R1 SW'-510 replace top 34975 40+09 RT SW-508 replace top 34976 4201 Rr SW'-510 replace top 34977 47f25 R1 SW'-510 replace top 34978 47f75 R1 SW'-510 replace top 35538 2064 33Ll 3 SW 511 replace top and minor adjustment (3'x4' inlet grate in pcc entrance return) 3S610 54+25 RT SW 545 replace top 35612 57+25 RT SW-54r; replace top 35614 61+69 RT SW-54r; replace top 36225 64+62 RT SW-54r; replace top 36226 66+00 Rr SW-508 replace top 36231 77+69 RT SW-54r; replace top 36232 82+90 RT SW-508 replace top 36233 85+25 RT SW-519 replace top 36252 99+70 LT SW-54r; replace top 36280 96+69 RT SW-519 replace top 36284 111+60 BCT ,...SWt-310 replace top 36285 112+95 Rr sw-ses replace top 89 362 121+17 Rr sw-sie replace top 36246 113+75 LT SW-519 replace top 36299 126+17 LT SW-519 replace top 36298 128+90 Lr sw-sesreplace top 36292 128+90 Rr sw-sie replace top 36296 139+20 Lr sw-sie replace top Note: point numbers talken froin pps intake id number provided by City of Waterloo City Cost Estimate: ITEM QUANTITY UNIT PRICE TOTAL PRICE Intake, SW-508,Top Only 11 EACH $4,007.61 $44,083.66 Intake, SW-510,Top Only 15 EACH $5,167.71 $77,515.58 Intake, SW-511,Top Only I EACH $5,000.00 $5,000.00 Intake, SW-545,Top Only 6 EACH $5,000.00 $30,000.00 Curb Replacement 268 LF $60.00 $16,080.00 ADA Ped Ramp at Heath St. I EACH $3,500.00 $3,500.00 TOTAL $176,179.24 Waterloo.14859.1.P recon—Ag reem e nt—U S-6 3—Do nal d—Street—to—C ity_Li m its.docx 5 Page 129 of 132 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a net increase of$20,000 to KWS Electric for the CS-TSF- 8155(745)--85-07 Traffic Safety Improvement at Osage Road and Dubuque Road and authorize Mayor to execute said document. City Council Meeting: 9/17/2018 Prepared: 9/9/2018 REVIEWERS: Department Reviewer Action Date '1)-•if is Op eralno s ppig,[)y, 1' ammcy Approved 9/11/2018 9.14 A (.1er1; Office ppi by, 114ammcy Approved 9/11/2018 .. 9.18 AM Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Motion To connect city's traffic signal cabinet to Canadian National Railroad's cabinet which includes boring under tracks, railroad flaggers (required by Summary Statement: RR) and purchasing RR insurance. In addition to 2 programmable visibility traffic signal heads. RR has changed their plans resulting in savings to the City. Expenditure Required: $20,000.00- which will result in no additional extra costs. The cost is expected to be covered by the savings from the RR contract. Source of Funds: GO Bond Policy Issue: Goal- Strategy 2.2- Enlist all City department and staff members to promote a safer community. Osage and Dubuque has been signalized using traffic safety funds paying for 100% of construction cost. RR preemption system must be completed before the isgnals can be commissioned. They are currently flashing. A Background Information: connection is needed between signal cabinet and RR cabinet. We are change ordering the contract with KWS so they perform the work to make the connection. Savings from the RR contract with the City should cover the costs. Due to acute angle of the intersection streets - 2 additional programmable visibility signal heads are needed. Page 130 of 132 CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. Friday,July 13, 2018 1St Floor Conference Room—City Hall Members Present: Barry Haskins, Lovie Caldwell, Ethel Washington, Abraham Funchess (ex officio) Others Present: Greg Fangman,Pat Treloar, Julie Snider,Kent Shankle, Sandie Greco, Cheryl Huddleston Moved by Haskins, seconded by Caldwell to approve the July 13, 2018 Agenda. Motion carried. Moved by Washington, seconded by Caldwell to approve the May 31, 2018 Minutes. Motion carried UNFINISHED BUSINESS The Civil Service List for Police Recruit was presented for certification. The personnel requisition was approved on 1/10/1 8 and the Civil Service Commission approved the job description and testing criteria on 3/30/18. There was extensive advertising: Courier, City website, Affirinative Active List, City departments, Cedar Valley Alliance website, policeone.com, policerecruit.com, Monster, National Minority Update website, College Central Network. We received 75 resumes but only 23 attended the physical ability test and 6 did not pass. The remaining 17 took the written exam and 3 did not pass the exam. The remaining 14 candidates were invited to interview. Panel members were Lieutenant Greg Fanginan, Police Officer Melissa Lippert and Cheryl Huddleston from Human Resources. Two cancelled their interview and 1 candidate did not pass the interview. The Civil Services List has 8 white males, 1 American Indian male and 2 white females. Moved by Haskins, seconded by Washington: We, the members of the Civil Service Commission, certify the following list of applicant(s), who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Police Recruit for the City of Waterloo, Iowa Police Department. Appointment(s) shall be made from this list for the next year(July 13, 2018—July 12, 2019). CERTIFIED LIST Jordan Helgeson Kyle Janikowski Christian Wright Tyler Rowell Kristie Sommer Robert Roquet Shane Dorfman Scott Hildman Benjamin Bonwell Cassandra Herkelman Nathan Graves Motion carried. The Civil Service List for Medical Supervisor — Fire Rescue was presented for certification. The personnel requisition was approved on 5/25/18 and the job description and testing criteria were approved by the Civil Set-vice Commission on 2/2/18. There is a vacancy due to a retirement. The position was posted in all Fire Stations and we received 1 resume. The candidate was interviewed by Fire Marshal Chris Ferguson, Fire Captain Kevin Lee and EMS Medical Director Dr. Chris Hill. The list has 1 Hispanic male. Moved by Haskins, seconded by Caldwell: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based Page 131 of 132 upon the examination process as set forth by the Civil Service Commission for appointment to the position of Medical Supervisor for the City of Waterloo, Iowa Fire Rescue Department. List shall exhaust upon appointment CERTIFIED LIST Jason Hernandez Motion carried. NEW BUSINESS The job description and testing criteria for Youth Pavilion Manager - Culture & Arts was presented for approval. The position was approved by the Personnel Requisition Committee on 6/l/18. There is a vacancy due to a resignation. There were no changes in the job description and testing criteria. Moved by Haskins, seconded by Washington to approve the job description and testing criteria for Youth Pavilion Manager — Culture &Arts. Motion carried. The job description and testing criteria for Facilities Services Specialist - Culture & Arts was presented for approval. The position was approved by the Personnel Requisition Committee on 6/1/18 to fill two vacancies. One vacancy is due to a resignation and the other to a retirement. There were no changes in the job description and testing criteria. Moved by Haskins, seconded by Caldwell to approve the job description and testing criteria for Facilities Services Specialist—Culture &Arts. Motion carried. The job description and testing criteria for Animal Control Services Officer— Traffic Operations was presented for approval. The position was approved by the Personnel Requisition Committee on 6/1/18. There is a vacancy due to a transfer. Only small changes were made in the job description. Moved by Washington, seconded by Haskins to approve the job description and testing criteria for Animal Control Services Officer — Traffic Operations. Motion carried. The job description and testing criteria for Equipment Operator 11 — Street Department, both Promotional and Open was presented for approval. The position was approved by the Personnel Requisition Committee on 6/1/18 to fill two vacancies, both due to promotions. There were no changes in the job description and testing criteria. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Equipment Operator II— Street Department, both Promotional and Open. Motion carried. The job description and testing criteria for Sewer Maintenance Worker — Waste Management Services was presented for approval. The position was approved by the Personnel Requisition Committee on 6/1/18 to fill two vacancies, one due to a promotion and the other due to a disability. There were no changes in the job description and testing criteria. Moved by Haskins, seconded by Caldwell to approve the job description and testing criteria for Sewer Maintenance Worker—Waste Management Services. Motion carried. The job description and testing criteria for Secretary was presented for approval. The position was approved by the Personnel Requisition Committee on 6/1/18. There is a vacancy due to a retirement in the Building Inspections Department. There were only small changes in the job description. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Secretary. Motion carried. OTHER BUSINESS None With no further business, moved by Haskins, seconded by Washington to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission Page 132 of 132