HomeMy Public PortalAbout2022 0510 Council Packet KK 05/06/2022
RIVERDALE CITY COUNCIL AGENDA
PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa
DATE: May 10, 2022 TIME: 7:00 p.m.
The regular meeting of the City Council of Riverdale, Iowa, will be conducted according to the following
order and actions will be considered on the items listed. The notice of this meeting is not considered
final until 24 hours prior to the meeting and may be further modified if 24 hours’ notice is impossible or
impractical for good cause.
In compliance with the Americans with Disabilities Act (ADA) and other applicable federal and state
laws, all public hearings and meetings held or sponsored by the City of Riverdale, Iowa, will be
accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contact
City Hall at (563)355-2511 five days prior to the hearing or meeting to inform of their anticipated
attendance.
The requirement that an Ordinance be read three times before passage may be waived by council upon
an affirmative vote of four (4) of the five (5) council members. The public is advised to take note of this
process and be prepared to speak either for or against any ordinance at the time of the first reading.
Per Chapter 21 of the Iowa Code, more specifically described in sections 21.3 and 21.8, a member of the
Council may attend the meeting either in-person or by electronic means, as defined in said sections.
1. WELCOME
1.1 Call to Order
1.2 Roll Call
1.3 Pledge of Allegiance
2. PUBLIC COMMENT
Per Iowa Code 21.7, this governmental body make and enforce reasonable rules for the conduct
of its meetings to assure meetings are orderly, and free from interference or interruption by
spectators.
The public is encouraged to provide and insights on the proposed agenda and other items of
concern. Public comment time is limited to three (3) minutes per speaker. Speakers will
introduce themselves, their topic(s) concern, and provide their address for the record. Public
comments do not need to be in support of proposed actions but are to be constructive and
respectful. A lack of decorum will result in the end of comment period and possible removal
from the meeting. All members of council, the public, and staff are encouraged to find ways to
effect positive change in their comments and their actions for the betterment of our community.
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3. PRESENTATION AND PROJECT UPDATES
3.1 City Administrator Report ........................................................................................................................ 4
3.2 Deputy Clerk Report .................................................................................................................................. 7
3.3 MSA Engineer Report ................................................................................................................................ 10
4. REVIEW/APPROVAL OF THE AGENDA
All items under the consent agenda will be enacted by one motion. There will be no
separate discussion of these items unless a request is made prior to the Council votes
on the motion.
4.1 Consideration of Council Meeting Minutes from April 26, 2022 .............................................. 16
4.2 Consideration of Treasurer's Financial Reports 2nd Half of April 2022 .................................. 18
4.3 Consideration of Warrants for May 10, 2022 ................................................................................... 24
5. DISCUSSION AGENDA
6. RESOLUTIONS
6.1 2022-33 Resolution Approving a Contract for a Review of Funds and Account
Balances and Expenditures for FY21 and FY22 [Tabled 04/26/2022] .................................. 26
6.2 2022-38 Resolution Approving the Transfer of FEMA Storm Funds to the General
Fund ................................................................................................................................................................. 35
7. ORDINANCES
7.1 01-2022 Ordinance Setting a City Code of the City of Riverdale (rental fees and
policies) ........................................................................................................................................................... 36
7.2 02-2022 Ordinance Amending a City Code of the City of Riverdale (Deputy Clerk
job duties) ...................................................................................................................................................... 50
8. ADMINISTRATION
8.1 Update on Get Out And Trail event
9. REPORT FROM MAYOR
10. PUBLIC COMMENT
The public is welcome to provide any follow-up on comments to the proceedings of the meeting
subject to all rules established in the first comment period.
11. PROJECT PRIORITIZATION
The Council will go through a list of due outs developed during the meeting and prioritize staff
workload for the coming two weeks.
11.1 Completed Actions
Audit
11.2 Pending Actions and Completion Date
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Maintenance Worker Completion Date 5/1/2022
Sewer Rates Completion Date 6/19/2022
Fence by Brenny’s Completion Date 05/31/2022
Budget Development
11.3 Actions Not Started
Zoning Ordinances Changes 2/15/2022
15. ADJOURNMENT
OTHER MEETINGS/CITY EVENTS OF NOTE
Meeting Date Time Location
Planning & Zoning Meeting Thursday 05/19/2022 7:00 p.m. City Hall
Council Meeting Tuesday 05/24/2022 7:00 p.m. City Hall
RFD Water Fights Saturday 06/04/2022 TBA City Hall
Ice Cream Social Saturday 06/04/2022 2:00 p.m. Volunteer Square Park
Council Meeting Tuesday 06/14/2022 7:00 p.m. City Hall
Council Meeting Tuesday 06/28/2022 7:00 p.m. City Hall
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Memorandum
Date: May 5, 2022
To: Mayor Anthony Heddlesten
Members of the City Council
From: City Administrator Kent Royster
Re: Administrative Notes (April 22-May 6, 2022)
1. Exam Exit Interview/Report
I just received this today May 6th, 2022. This will be included in the next
council packet for your review.
2. Maintenance Worker Position
Sam Hollars started working Monday May 2, 2022. The first part of the week
was spent on just assisting him
3. Woods Development
The developer will be seek a reduction in the Letter of Credit. It will be on the
agenda no later than the last meeting in May. (Same as the last
Administrator’s report.)
The developer has requested information zoning of the commercial parcel. He
continues to have ideas regarding this parcel.
This week alone Scott County Planning and Zoning issued one CO and one
building permit.
I have yet to see movement on cutting of the trees on the commercial
property.
4. Joint Use Sewer Technical Committee Meeting
This committee is the staff of 28E sewer communities. It is important the City
of Riverdale is represented on this committee. This meeting was held at the
WWTP in Davenport, IA.
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The WWTP staff is currently reviewing all property within the plant and
projecting replacement costs.
In addition, I was finally able to see the new UV treatment facility.
5. SCC Site plan review
Chris Cooper was able to schedule a meeting with SCC on Monday, May 9th
with IMEG SCC’s engineer. I believe that we were able to voice our concerns. I
have included a copy of the Chris Cooper’s letter to IMEG for your review.
6. Wildlife Issues
I approved the invoice for to remove the beavers in Duck Creek. We have lost
three mature conifers.
QC Wildlife continues to monitor the coyote problem.
7. Sewer Rate Analysis
This week a sent a large file off for analysis. We should be begin to have some
rough numbers by the end of June 2022. I am planning on a Teams meeting
with Susan Gerlach on Monday May 9th.
8. Bi-State Monthly Meeting
I attended the Bi State Monthly Meeting on April 27, 2022. The commission
was discussing (CEDS) Comprehensive Economic Development Strategy.
9. Public Hearing on June 14th
We will be holding a Public Hearing on June 14th at 630 to discuss the
Emergency Access Road.
10. 2022-33 Resolution approving a contract for review of funds and
accounts and expenditures for FY21 and FY22
Last couple of council meetings I gave you a couple of proposals for your
review. RSM was one. The other was from Chris Fennelly. I am
recommending that the City proceeds with Mr. Fennelly.
After you, approve this contact the next step will be to work with all of the
interested parties.
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11. 02-2022 Ordinance Setting the Job Duties of the Deputy Clerk
Staff is just cleaning up a few of the outstanding the Ordinance describing the
position is easier than creating a job description for this position.
As always thank you for the opportunity to be your City Administrator.
Kent Royster
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Deputy Clerk Report
04/21/2022 to 05/06/2022
MEETING DOCUMENTS:
• Assisted in the creation of the 5/10/2022 council meeting agenda and assembled the meeting packet.
Posted agenda in 4 locations; emailed to interested parties; delivered to Beth, Doug, and Kevin.
• Researched and wrote 2 resolutions and 2 ordinances. Worked with City's attorney to edit room and
park rental ordinance and forms. Sent job description ordinance to City attorney (not reviewed yet).
• Prepared 4/26/2022 council meeting minutes and sent to QC Times for publication.
MEETINGS:
• Attended Iowa Municipal Finance Officers Association spring conference/training in Des Moines,
Iowa. Earned 6 credits toward certification.
OFFICE/ORGANIZATIONAL:
• Scanned all paper invoices and check stubs into Laserfiche.
• Continued to work on Laserfiche reorganization.
• Reviewed all documents on the desktop from previous clerks and filed in appropriate places.
• Cleared off the counter in the storage room.
FINANCIAL:
• Scanned and mailed all checks approved at the 4/26/2022 council meeting.
• Entered invoices and printed checks for approval at the 05/10/2022 council meeting.
• Continued to correspond with the owner of 1033 Valley Drive regarding sewer bills.
• Completed paperwork and ordered credit card for maintenance worker.
• Created a spreadsheet of sewer billing issues; resolved several; will continue to work on others.
• Researched gWorks' ability to print sewer bills on 8.5x11 sheets of paper in lieu of postcards. Sample
attached to this report.
EVENTS/COMMUNITY ENGAGEMENT:
• Started MidAmerica Trees Please! and Iowa DNR Trees for Kids grant follow-up reports.
• Created May newsletter and supervised PVHS Service Learning volunteers in completing the mailing.
• Prepared for Get Out And Trail event; purchased door prize, snack, water, tested tent with
maintenance worker, arranged for PVHS Service Learning volunteers to help with event.
MISC.:
• Worked with printer to design new envelopes; ordered window envelopes.
• Worked with printer to design new business cards; proofs to be reviewed on 05/10/2022.
• Researched Iowa Code for requirement to keep originally signed documents.
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• Checked in with Simmering regarding codification of 11 ordinances.
• Recreated and finalized 3 permit forms. Created a 4th permit form; began researching other local
cities' permit fees. Will propose ordinance for 4th permit and fee.
• Confirmed headshots at City Hall on 05/10/2022 and set appointment times.
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City of Riverdale, IA
PROJECT UPDATE
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P:\10800s\10870s\10876\PROJECT UPDATES & MEETINGS\Project Updates\2022 Updates\220510 Riverdale Project Update.docx
PROJECT UPDATE ½ A Review of MSA Projects in Your Community
CLIENT LIAISONS:
Kevin Bailey, PE, Team Leader & Office Manager
Phone: (563) 424-3701
Email: kbailwey@msa-ps.com
Christian R. Cooper, PE, CPESC.
Phone: (563) 424-3696
Email: ccooper@msa-ps.com
DATE: MAY 10, 2022, 2022
SANITARY SEWER REHABILITATION PROJECT – PHASE 2
MSA distributed an assessment of current conditions to the Contractor. Pleasant Valley High
School is requesting their practice field be restored as soon as possible. MSA has forwarded this
request.
Visu-Sewer is now indicating they will finish the project the first part of June.
WOODS ESTATES EMERGENCY ACCESS ROUTE
This project is now ready to be bid. It is MSA’s understanding that a Public Hearing is scheduled
for June 14, 2022.
SCOTT COMMUNITY COLLEGE ADDITIONS
MSA met with the City Administrator, Sam Hollars, and IMEG to discuss this project. MSA has
reviewed the plans and provided their review comments.
The major item of concern is discharge from the Campus has caused significant scour erosion
that has exposed a campus sanitary sewer. MSA has requested this sewer be reinforced and
secured. Furthermore, this portion of discharge channel be stabilized.
RIVERDALE STORM SEWER STRUCTURES EVALUATION
MSA has completed their field assessment of all the damaged intakes. MSA has researched
chemical treatments of concrete to better protect reinforcement against chlorides (i.e. salt).
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PROJECT UPDATE
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PROJECT UPDATE
City of Riverdale, IA
May 10, 2022
WATER MAIN BREAK ON FENNO ROAD
MSA has reviewed this project. In our opinion, all the punchlist items have been addressed..
OTHER?
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RIVERDALE CITY COUNCIL MINUTES
PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa
DATE: April 26, 2022 TIME: 7:00 p.m.
NOTE: The Regular Meeting of the City Council was held in-person at the appointed time and day in
accordance with open meeting laws set and defined by the State of Iowa (Sections 21.2 and 21.8).
1. WELCOME
1.1 CALL TO ORDER - The meeting was called to order at 7:00 p.m. by Mayor Pro Tem Kevin Adams.
1.2 ROLL CALL - Council Members present: Adams, DCamp, Halsey, Jurgena, Littrel. Absent: Mayor
Anthony Heddlesten. Also present: Engineer Chris Cooper, City Administrator Kent Royster, and other
residents and visitors.
1.3 AGENDA APPROVAL - Motion by DCamp, seconded by Jurgena, to approve the agenda. All ayes. MC
2. REVIEW/APPROVAL OF THE CONSENT AGENDA
Motion by Jurgena, seconded by DCamp, to approve the consent agenda. All ayes. MC
Claims Report:
VENDOR REFERENCE AMOUNT
ADVANCED BUSINESS SYSTEMS COPIER FEES $ 312.48
AFLAC AFLAC PRE-TAX $ 218.66
BI-STATE REGIONAL COMM MAC MEETING $ 14.83
CENTURY LINK MONTHLY TELEPHONE SERVICE $ 244.20
EFTPS PROCESSING CENTER FED/FICA TAXES $ 2,407.36
EMC INSURANCE COMPANIES WORK COMP/AUTO/PROPERTY INS $ 43,826.00
HOPKINS & HUEBNER, P.C. LEGAL FEES $ 380.00
HY-VEE, INC CATERING - WINTER CELEB $ 85.00
IOWA AMERICAN WATER MONTHLY UTILITIES $ 57.82
IPERS IPERS $ 1,654.21
LASER CUT IMAGES RFD SERVICE PLAQUES $ 120.00
QUAD CITY TIMES 1/11/22 MINUTES $ 284.28
STORAGE RENTALS OF AMERICA STORAGE RENTAL $ 238.00
TREASURER, STATE OF IOWA TAXES $ 1,155.48
TWINSTATE TECHNICAL SERVICES ANNUAL MS EXCHG AND SVC FEES $ 3,973.50
UMB BANK, N.A. GEN OBLIG CAP LOAN NOTE $ 75,843.75
VERIZON CITY HALL CELL PHONES $ 144.50
Accounts Payable Total $ 130,960.07
Payroll-Second Pay Period of April 2022
Brian Ballard $27.20, Kelly Krell $1,321.57; Kent Royster $1,921.74. Total $3,270.51
3. RESOLUTIONS
3.1 2022-33 Resolution Approving a Contract for a Review of Funds and Account Balances and
Expenditures for FY21 and FY22. Motion by DCamp, seconded by Jurgena. All ayes. MC Motion to table by
DCamp, seconded by Littrel. All ayes. MC
3.1 2022-34 Resolution Approving a Contract with MSA Professional Services to Review the Site Plan for
Scott Community College Allied Health Addition. Motion by DCamp, seconded by Jurgena. All ayes. MC
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Motion to amend resolution by Littrel, seconded by DCamp, All ayes. MC Motion to approve contract by
Littrel, seconded by DCamp. All ayes. MC
3.1 2022-36 Resolution Approving an Amendment to Resolution 2021-27: A Resolution Entering into an
Agreement with MSA Professional Services to Design the Emergency Access from Circle Drive/Pleasant Hills
1st Addition to Linda Drive/Woods Estate Phase II. Motion by DCamp, seconded by Littrel. All Ayes. MC
3.1 2022-37 Resolution Amending the Contract with CivicPlus for Website Design, Training,
Implementation, and Maintenance. Motion by Jurgena, seconded by DCamp. All ayes. MC
4. MOTION TO MOVE INTO CLOSED SESSION
Motion by DCamp, seconded by Littrel, to move into closed session. ROLL CALL: Adams aye, DCamp aye,
Halsey aye, Jurgena aye, Littrel aye. All ayes. MC
5. CLOSED SESSION
Council met in closed session pursuant to Iowa State Code 21.5(1)(i) to evaluate the professional
competency of an individual whose appointment, hiring, performance, or discharge is being considered
when necessary to present needless and irreparable injury to that individual's reputation and that individual
requests a closed session. Motion to adjourn by DCamp, seconded by Jurgena. All ayes. MC
6. RECONVENE TO OPEN SESSION
Motion by Littrel, seconded by Halsey, to reconvene to open session. All ayes. MC
7. RESOLUTION
7.1 2022-35 Resolution Approving the City Administrator's Appointment of Sam Hollars to Fill the Position
of Maintenance Worker. Motion to consider by Littrel, seconded by Halsey. All Ayes. MC. Motion to approve
by DCamp, seconded by Jurgena. All ayes. MC
8. ADJOURNMENT
Motion by Littrel, seconded by Halsey. All ayes. MC. The regular meeting of the City Council was formally
adjourned at 8:14 p.m.
FOR THE CITY OF RIVERDALE: ATTESTED BY:
_____________________________________________ _____________________________________________
Kevin Adams, Mayor Pro Tem Kent Royster, City Administrator
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RESOLUTION NO. 2022-33
A RESOLUTION APPROVING A CONTRACT FOR A REVIEW OF FUNDS AND ACCOUNT
BALANCES AND EXPENDITURES FOR FY21 AND FY22
WHEREAS, the City of Riverdale, Iowa ("City") is a municipal corporation, organized and
operating under the laws of the State of Iowa, and;
WHEREAS, a concerned citizen has raised questions regarding the City's FY21 and FY22
accounting of funds, and account balances and expenditures, “(the project)” and;
WHEREAS, for sake of efficiencies the city sent RFQs to several major accounting firms; and
WHEREAS, the City of Riverdale received two proposals from the RFQ; and
WHEREAS, the attached Letter of Engagement specifies the engagement of Christopher
Fennelly; and
WHEREAS, the City Administrator recommends hiring Christopher Fennelly to complete this
work, and;
WHEREAS, as the project is scheduled presented to the City of Riverdale City Council on June
14th council meeting; and
WHEREAS, the funding source for this project is _______________________________.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE,
IOWA, THAT the Mayor is authorized to enter into a Letter of Engagement with Chris Fennelly
for a total sum of $____________ to complete review of the City's FY21 and FY22 of funds and
account balances and expenditures.
Passed and approved this 10th day of May 2022.
APPROVED: ATTEST:
______________________________________________ ______________________________________________
Anthony Heddlesten, Mayor Kent Royster, City Administrator
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April 22, 2022
Kent Royster
City Administrator
City of Riverdale
110 Manor Drive
Riverdale, Iowa 52722
Statement of Work – City of Riverdale
The following is a proposal to enter into a consulting agreement between and the City of Riverdale
(“Client,” “you”, “your”) and Christopher J. Fennelly (“I”, “me” “my”). I will provide technical accounting
and consulting services to the City of Riverdale related to the Tax Increment Financing (“TIF”) fund and
the city’s General Fund for the year ended June 30, 2021 (“FY21”).
The scope of work will include the following:
• Meet with client management and personnel to gather information and access to relevant
financial and administrative records
• Meet with any other identified third parties to gain an understanding of any concerns or questions
about the City’s accounting for the TIF and General Fund.
• Analyze the TIF fund expenditures and classifications inception to date.
• Review the General Fund budgeted and actual expenditures for FY21.
• Meet with client to provide results of the analysis and determine if expanding the scope of the
engagement to analyze other Fiscal Year activities is warranted.
It is my understanding that a citizen(s) of the City of Riverdale has raised questions about the City’s
accounting of expenditures and I have been engaged by the Client to assist in addressing these concerns,
as well as to identify any errors or irregularities that may lead to recommendations to make adjustments
to the books and records of the City for FY21.
Actual hours will be billed at $150 per hour. My billing rate for the various consulting projects outlined
below ranges from $250-$400 per hour depending on the complexity and nature of the investigation. As
an Iowan and resident of the Quad Cities, I have discounted my rate accordingly in an effort to minimize
the financial impact of this project to the City of Riverdale.
Based on discussions with management and review of publicly available documents, I estimate it will take
approximately 30-45 hours to complete this engagement. My ability to complete the scope of work
efficiently will be dependent on Client management and employees providing information and data in a
timely manner. Any expansion of the scope of the engagement will be discussed with the Client and
covered under an additional Scope of Work to be approved by the Client.
I have been engaged to assist and advise you regarding the TIF and General Fund expenditures. I assume
no responsibility and will make no representations with respect to the accuracy or completeness of any
information provided by Client. Any analysis or documentation prepared during the course of this project
represents Client documents and any final determination of the appropriate accounting treatment and/or
adjustments to the TIF or General Fund accounting are the sole responsibility of the Client. I will make no
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representations regarding the sufficiency of the work for which this analysis has been requested or for
any other purpose. I have been engaged to provide consulting services to assist in management’s analysis
of the TIF and General Fund in order to reach its own conclusions.
The work to be performed will not constitute an audit, review or compilation of the TIF, the Client’s
Financial Statements or any part thereof, nor the external examination of management’s assertions
concerning the effectiveness of the Client’s internal control systems or an examination of compliance with
any applicable laws, regulations or other matters. Accordingly, my performance of the agreed upon scope
of work will not result in the expression of an opinion, or in any other form for assurance on the TIF, the
Client’s Financial Statements or any part thereof, nor an external opinion or any other form of assurance
on the Client’s Internal Control systems or its compliance with any laws, regulations or other matters.
Fees and Expenses
Fees for the services outlined in this SOE will be based on actual time and materials incurred during the
course of the engagement. My typical hourly rate ranges from $200-$400/per hour based on the
complexity of the investigation and domestic/international considerations. I was born and raised in the
Quad Cities and currently reside in Davenport. Accordingly, I propose an hourly rate of $140 per hour as
a “hometown” discount and based on my understanding of the nature of the project. Any direct expenses
will be directly billed and I expect will be limited to standard IRS mileage rates for travel to Client site,
meals and supplies.
Other Findings/Expansion of Scope
As noted above, if it is determined by management that the time period under analysis needs to be
expanded to other Fiscal Years for the General Fund, I will prepare an estimate and proposal for your
approval.
In the event that the work performed identifies any potentially inappropriate or illegal activities, I would
suggest that I meet with the Mayor of Riverdale and Internal/External Legal Counsel as he/she deems
appropriate to discuss the findings and next steps. In the event it is determined that the work be
expanded to investigate further, I would require a separate letter of engagement and suggest that I be
engaged directly by Counsel in order to keep the investigation protected under Attorney Work Product.
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Christopher J. Fennelly
940 Spalding Blvd
Davenport, IA
52804
(312) 560-5555
Cjfenn13@gmail.com
Experience
Chris has deep experience in investigative and accounting restatement matters in connection with US laws
and regulations, including inquiries by the SEC and the DOJ and FCPA matters. He has over 20 years of
experience in international and U.S. Domestic investigations, accounting restatements, audits and due
diligence assignments, including both external and internal audit experience.
Independent Consultant - (Jan 2014 – Current)
Engaged by the General Counsel of a Privately Owned Midwest Multi-National Corporation to assist in all
manners of Forensic Accounting consulting. Work performed between 2014 and 2020 totaled
approximately 3,000 hours and included assistance with internal investigations, damages analysis for
litigation matters and lost profits analysis for Insurance Claims.
Conducted eleven projects for individuals and small businesses with a scope of work ranging from 20-150
hours. Due to client confidentiality, I have included examples of the scope and nature of some of these
projects:
• Financial Statement analysis and “scrub” to identify any accounting errors or irregularities in
preparation for sale of business
• Conducted interviews and analysis of the books and records of a regional manufacturer to identify
the scope and nature of increases in the percentage of annual scrap rates.
• Investigated the partner of a bar/restaurant related to concerns of embezzlement prior to the
partner “buy-out”. Prior to the engagement, the proposed purchase price was $250,000. As a
result of the engagement, the shares were sold for $1 and the partner engaged inappropriate
activities signed a note payable to the primary owner for an additional $150,000.
In certain of these projects, I assisted the Client and Client’s Legal Counsel to pursue civil and criminal
charges against third parties and also assisted with preparation of documentation and reports used in
discussions and negotiations with the IRS and State and Local Tax Regimes.
Audit Director, Special Projects Group, Office of Global Compliance-Weatherford International (May
2009 – Jan 2014)
Responsible for leading, managing, developing and implementing the investigative Component of the
global ethics and compliance program for one of the largest providers of oilfield services and products
with operations in over 100 countries and more than 60,000 employees. Responsible to develop and
implement various global compliance policies and procedures, including a Code of Business Conduct, Anti-
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Corruption Compliance Manual, Conflict of Interest Policy, Anti-Money Laundering Policy, Insider Trading
Policy, Annual Ethics and Compliance Questionnaire, and Compliance Due Diligence and Integration
Protocols for intermediaries, mergers, acquisitions, and joint ventures.
• Managed a team a 10 accountants and lawyers
• Conducted numerous internal investigations and reported to CEO/CFO/General Counsel and
Audit Committee as determined necessary
• Planned, Managed and Conducted FCPA Compliance Audits in over 40 Countries to determine
compliance with the FCPA and other anti-corruption laws and with the company’s Code of
Business Conduct.
• Worked closely with External Counsel and CPA Firm on Companies Audit-Tax Restatement
• Primary Accounting Resource on SEC/DOJ Investigation
• Managed and/or Conducted over 1,500 Anonymous Hotline Matters and liaised with HR,
Internal Audit, Legal and Corporate and Country Management as appropriate
Director, Global Investigations and Dispute Practice, Navigant Consulting (June 2005 – May 2009)
• Based in Hong Kong from 2007-2009 leading Navigant’s Asia Pacific Practice
Senior Manager, Ernst & Young Investigations and Dispute Practice, (June 2000 – May 2005)
Manager, Ernst & Young Mergers and Acquisitions Practice (January 1998 – June 2000)
International experience includes; Algeria, Angola, Argentina, Australia, Azerbaijan, Bahrain, Belgium,
Bolivia, Brazil, Canada, China, Colombia, Congo, Costa Rica, Denmark, Ecuador, Egypt, France, Germany,
Ghana, Hong Kong, India, Indonesia, Iraq, Italy, Japan, Jordan, Kazakhstan, Malaysia, Mexico, the
Netherlands, Nigeria, Norway, Philippines, Romania, Saudi Arabia, Singapore, Sweden, Switzerland,
Taiwan, Thailand, Trinidad, Turkmenistan, U.A.E., Ukraine, United Kingdom, Venezuela, Vietnam.
Additional Experience
» Mr. Fennelly has worked on over 75 due diligence projects for both private equity and corporate
clients. His due diligence experience include primarily the manufacturing, retail and construction
industry segments, and both international inbound and outbound transactions involving acquiring
and target companies.
» Participated in a six-month National rotation in Ernst & Young’s Enterprise Risk Management (“ERM”)
Practice. Rotation included development of methodologies and tools focused on the identification
and mitigation of risk throughout the entire enterprise. Conducted numerous client workshops
focused on identifying risks to the client’s business and worked with management to design and
implement changes to the control environment.
Education
• Bachelor of Science, in Accountancy University of Northern Iowa, May 1992
Professional associations
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• American Institute of Certified Public Accountants
• Association of Certified Fraud Examiners
Investigative Experience
» Assisted in house and external counsel on an internal investigation in Thailand, Singapore and Kuala
Lampur related to potential violations of local Anti-Bribery Laws and the F.C.P.A. Investigation
involved potential use of third party agents to remit payments to government officials for award of
service contracts, as well as international trips for government officials allegedly paid for by local
Company executives.
Performed a fraud audit of construction costs on behalf of one party of a $35 million construction
joint venture. Identified approximately one million dollars of fictitious construction costs diverted to
an LLC owned by the JV Partner through fictitious and double invoicing.
» Led internal investigation of the People’s Republic of China subsidiary of a major food products
company. Coordinated investigation with team members from Mainland China, Hong Kong and
Singapore at multiple client locations, conducting 25+ interviews of employees and third parties.
Worked closely with external auditor “shadow investigation team” in China and assisted Senior
Management and the Audit Committee to present sufficient information to outside auditors to
complete SEC filings. Assisted client in the development of remedial actions and enhancement of the
Chinese subsidiaries control environment.
» Assisted Medical Device Company in the development and implementation of a FCPA Assessment &
Compliance Program for its third party distributor network. Work was performed in conjunction with
the Company’s “Post-FCPA investigation” remedial action plan. Site visits included interviews and
transaction testing, controls compliance reviews in over 30 jurisdictions, including China, India,
Vietnam, Thailand, the Philippines, Singapore and Taiwan in SE Asia.
» Investigated potential embezzlement and accounting irregularities at an international subsidiary of a
Fortune 100 manufacturer. Prepared and presented fact finding report to company’s board of
directors. Report led to asset recovery and successful prosecution of two company executives.
Assisted client in the development of a remedial action plan to improve the control environment
based on the findings of the investigation.
» Assisted Counsel of a U.S. Multi-National to conduct an internal investigation of potential violations
of the FCPA in the People’s Republic of China. Coordinated investigation with outside counsel, client
internal audit and General Counsel’s office, and U.S. and China based forensic accounting and
computer forensic investigative teams. Investigation included review of numerous overseas trips with
management from various SOEs and review of transactions and relationships with external sales
agents. Assisted client management in developing and presenting findings to its external auditors and
Audit Committee. Worked closely with Outside Counsel to assist management in the presentation of
findings to the U.S. DOJ as part of a Voluntary Disclosure.
Page 31
The engagement team worked closely with the Client’s Compliance Group to develop a remedial
action plan to address issues identified during the investigation, and prepared the necessary
adjustments to correct the Company’s Accounting Books and Records. Action plan included the
development of processes and controls surrounding the future retention of external agents, changes
to requirements for supporting documentation surrounding trips, and other changes to the control
environment.
» Assisted outside counsel to conduct an internal investigation of potential violations of the FCPA at the
Mexican subsidiary of a Fortune 500 Company. Worked closely with Outside Counsel to assist
management in the presentation of findings to the U.S. DOJ as part of a Voluntary Disclosure.
» Assisted Management and External Counsel of an oil and gas pipeline construction company to
respond to questions and concerns of the Company’s external auditor identified during the
investigation of FCPA violations at the Client’s South American and African subsidiaries. Investigation
involved over 50 interviews of management and employees of the Company’s corporate offices and
African subsidiary and the preparation of nearly 200 responses to external auditors related to specific
documents and issues requiring individual review and assessment to determine financial statement
impact. Responses provided external auditor with sufficient information to satisfactorily complete
audits of the Company’s current and restated financial statements. Worked directly with client’s
General Counsel and Outside Counsel to draft Company’s position paper to the Department of Justice.
» Assisted management of an International Consulting Company in the restatement and issuance of its
SEC Filings. Experience included accounting policy matters, multi-year restatement accounting,
remedial and corrective actions and liaison with external auditors.
» Retained by management of major international manufacturer to perform covert investigation of
several expatriate and local executives in the People’s Republic of China. Prepared and presented fact
finding report to company Senior Executives.
» Led team supporting the management of a publicly traded retail company under SEC investigation.
Investigation identified improprieties leading to the termination of a senior executive outside of the
scope of the original SEC investigation. Prepared and jointly presented with Company’s outside
counsel a fact-finding report to the SEC and DOJ, leading to the termination of the investigation of the
Company.
» Performed internal investigation for management of Fortune 500 Manufacturer related to
whistleblower allegations of violations of the F.C.P.A. Worked with management and outside counsel
reviewing email and conducting fact finding interviews. Prepared fact finding report for outside
counsel.
» Assisted External Counsel to investigate potential fraud at a publicly traded transportation on behalf
of the Company’s Audit Committee. Assisted the company’s Audit Committee to provide the outside
auditor with sufficient information to complete SEC filings. Also assisted with pending SEC and DOJ
investigations and client in the development of remedial actions and enhancement of the Company’s
internal control environment.
Page 32
» Assisted External Counsel in the investigation of transactions with customers and suppliers, related to
accounting entries and allegations of misconduct at the Canadian division of a multi-billion dollar
wholesale distributor of office products on behalf of the Audit Committee. Assisted in the
development of fact finding report presented to the Audit Committee.
» Investigated accounting irregularities at a telecommunications company on behalf of the Audit
Committee. After whistleblower allegations prompted an SEC investigation, assisted the Audit
Committee with the fact-finding presentations to outside auditor and SEC, leading to the termination
of the SEC investigation.
» Functioned as project manager for a team of 20 professionals on a six month internal investigation
and analysis of thousands of contracts for assets under management for the general counsel of one
of the world’s largest Financial Services firm. Engagement included analysis of multiple reporting
entities on an unconsolidated and consolidated basis. Management shared the results of the analysis
performed with the Firm’s external auditors, and it was determined that an accounting restatement
of previously issued Financial Statements was not necessary.
» Performed an investigation for the management of a Manufacturing Company of a Divisional
controller of a major business segment suspected of embezzling. Identified and documented a theft
of nearly a half million dollars leading to the prosecution of the employee and partial recovery of
assets.
» Investigated the activities of the former owner of a recently acquired Company serving the role of
President. Identified and documented accounting irregularities resulting in a purchase price
adjustment of approximately $5.0 million (10% reduction). Investigation also identified
approximately $250,000 of assets diverted by the subject of the investigation during the first two
months post acquisition.
» Performed an internal investigation of time and expense reporting for a privately held manufacturing
Company. Coordinated investigation at 9 international and 13 domestic locations. Identified and
documented the embezzlement of funds of three individuals leading to prosecution and restitution.
Assisted client with the implementation of a global time and expense reporting control system.
» Performed an investigation for the management committee of the activities of two partners of a
regional partnership. Investigation identified improper use of corporate assets, unauthorized
expenditures and fraudulent client billings leading to the dismissal and prosecution of the two
partners. Additionally, the investigation identified a third partner that was billing and invoicing
personal expenses as professional fees for a company owned by his spouse. Worked closely with the
management committee in dealing with various State and Federal Authorities and Agencies to resolve
the matter.
» Performed an investigation for the audit committee of an SEC registrant of certain accounting and
reporting issues raised by a whistleblower regarding management of an international subsidiary.
Page 33
» Performed an internal investigation of the management of a Dutch manufacturing facility of a Fortune
250 consumer products company. Identified a kickback scheme and embezzlement perpetrated by
the Plant General Manager, Controller and Vice President of Sales. Documented a theft and diversion
of Company assets totally nearly $1.5 million dollars. Assisted the client in the development of
remedial actions and enhancements to the internal control environment.
» Performed an internal investigation for the management of alleged kickbacks and sale of patented
technology of a privately held defense contractor. Prepared fact finding report for Executive
Management.
» Conducted a Fraud Scenario Risk Assessment for an approximately $500 million Software Company.
Project included identifying types of potential fraud in the Company’s 12 major business cycles (i.e.
Financial Reporting, Treasury, Revenue, etc..) , interviewing over 50 process owner’s and senior
executives, identifying mitigating controls and developing recommendations for the implementation
of new controls, or changes to existing controls.
» Performed a fraud audit of construction costs on behalf of one party of a $35 million construction
joint venture. Identified approximately one million dollars of fictitious construction costs.
Page 34
RESOLUTION NO. 2022-38
A RESOLUTION APPROVING THE TRANSFER OF FEMA STORM
FUNDS TO THE GENERAL FUND
WHEREAS, the City of Riverdale, Iowa ("City") is a municipal corporation, organized and operating under
the laws of the State of Iowa; and,
WHEREAS, The City Clerk of the City of Riverdale, Iowa, has reviewed the balance of the remaining funds
in Special REVENUE ACCOUNT FEMA (DERECHO) for the purpose of documenting grant revenue; and,
WHEREAS, the balance in Special REVENUE ACCOUNT FEMA (DERECHO) is $11,250.00; and,
WHEREAS, The balance of Special REVENUE ACCOUNT FEMA (DERECHO) is required to be transferred to
the General Fund; and,
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA,
THAT:
Section 1. That the sum of $11,250.00 shall be transferred from Special REVENUE ACCOUNT FEMA
(DERECHO) to the General Fund and that the City Clerk shall do all things necessary in
furtherance of the purpose of this resolution.
Passed and approved this 10th day of May 2022.
APPROVED: ATTEST:
______________________________________________ ______________________________________________
Anthony Heddlesten, Mayor Kent Royster, City Administrator
Page 35
May 5, 2022
In the April 12, 2022, Council meeting, I suggested several changes to the City's room and park
rental forms and policies. Upon recommendation by Council, I've spoken with the City's
attorney, Paul Macek. Mr. Macek indicated that there are a couple of issues with renting spaces,
in general, and in charging different rates to residents versus non-residents:
Issue #1 - Competition with private industry
In a letter to Tim Long, former City Administrator, dated March 21, 2019, Mr. Macek indicated
that, "Section 23A.1 of the Iowa Code generally prohibits a city from competing with a private
enterprise. Section 23A.2(1) states that a political subdivision shall not, unless specifically
authorized by ordinance, offer or provide goods or services to the public. Arguably, using the
community hall in this fashion is in competition with other sites or venues that provide space for
weddings, receptions, parties, and other gatherings. Therefore, the City needs an ordinance that
allows for this. My cursory review of the City Code reveals no such ordinance." I have
additionally searched the Code of Ordinances and find no such ordinance.
Therefore, I believe the first step is to create and pass an ordinance regarding facility rentals.
Please find the attached draft ordinance for your review.
Issue #2 - Charging residents and non-residents different rental rates
In a phone conversation with Mr. Macek, he indicated that he believed it would be permissible
to charge different rental rates to residents and non-residents, IF the City were to document the
costs associated with building and maintaining those spaces (including depreciation), show how
residents' tax dollars subsidize those expenses, and create an argument for why non -residents
should pay more because they're not paying taxes to the City, and therefore, not participating in
the subsidization of building and maintenance of those facilities.
As much as I'd love to perform such an analysis, I'm confident that it's not realistic at this time.
Therefore, I will change my recommendation from charging different rental rates to charging the
same rental rates for residents and non-residents. Mr. Macek has reviewed all rental forms and
made several suggestions, which have all been incorporated into the forms. Please find the
attached revised rental forms for your review. I would recommend waiting to implement these
forms (or edited versions of these forms) until an ordinance is passed.
Thank you,
Page 36
ORDINANCE # 01-2022
City of Riverdale, Iowa
An Ordinance Setting Facility and Park Rental Procedures and Fees
WHEREAS, the City of Riverdale (hereinafter referred to as "City") owns several facilities available for use
by the public; and,
WHEREAS, the City wishes to codify the rental procedures and fees for those facilities; and,
WHEREAS, the following comes before City Council for consideration and codification.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA,
THAT:
SECTION I:
The Code of Ordinances, Chapter ___, is hereby ordered to read as follows:
CHAPTER ___
FACILITY AND PARK RENTAL PROCEDURES AND FEES
48.01 Purpose 48.05 Deposit
48.02 Rules and Regulations 48.06 Conduct of Guests
48.03 Legal Purposes 48.07 Risk
48.04 Rental Fee 48.08 Indemnity and Hold Harmless
48.01 PURPOSE
The purpose of this chapter is to facilitate the enjoyment of facility and park rentals by the
general public by establishing rules and regulations governing the use of facility and park
rentals.
48.02 RULES AND REGULATIONS
Renters shall abide by the rules and regulations as set forth by the City and as
documented in the facility and park rental agreements.
48.03 LEGAL PURPOSES
Renter shall utilize the facility and park rental spaces for legal purposes only and in
compliance with local, state, and federal law. Any illegal activity will be reported to the
Sheriff and will result in the renter being barred from future rentals with the City.
Page 37
48.04 RENTAL FEE
Renter shall pay a $30 rental fee for each event. The fee is waived for non-profit and
governmental agencies acting in an official capacity for their employer.
The rental fee shall be waived for City employees and officers if the cumulative free use is
valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any
given fiscal year, the City employee or officer shall pay a $30 rental fee for each event
(Iowa Code § 362.5(3)(k)) thereafter.
Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall
not be charged rental fees for any event at any time (Iowa Code § 362.5(3)(h)).
48.05 DEPOSIT
Renter shall pay a refundable $30 refundable deposit for each event. The deposit is
waived for non-profit and governmental agencies acting in an official capacity for their
employer.
The deposit shall be waived for City employees and officers if the cumulative free use is
valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any
given fiscal year, the City employee or officer shall pay a $30 refundable deposit for each
event (Iowa Code § 362.5(3)(k)) thereafter.
Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall
not be charged deposits for any event at any time (Iowa Code § 362.5(3)(h)).
Deposits will be forfeited for failure to adhere to the facility or park rental agreement and
the rules and regulations therein. The City shall refund the deposit after the event,
conditioned upon inspection of the facilities and equipment, according to the rental
agreement and the rules and regulations therein.
48.06 CONDUCT OF GUESTS
Renter is responsible for the conduct of guests. Renter must ensure all people in
attendance at events abide by the rental agreement and the rules and regulations therein.
48.07 RISK
Renter shall use the facility and park rental spaces at renter's sole risk. The City is not
responsible for any or all injury, illness, loss, theft, or damage to renter, renter's property,
or renter's guests before, during, or after the event while on the premises.
48.08 INDEMNITY AND HOLD HARMLESS
Renter shall indemnify and hold the City harmless from any and all loss, damage, injury, or
costs renter or renter's guests may sustain before, during, or after their presence at the
facility or park rental space and/or participation in the event.
Page 38
Renter shall further indemnify and hold the City harmless from and against any loss,
damage, injury, or costs caused by renter's acts or omissions, negligence, or otherwise,
including any costs and attorney fees incurred thereby.
SECTION II: CODIFICATION
The provisions of Section I of this Ordinance shall be published as appropriate in the Riverdale
Code of Ordinances as soon as practicable.
SECTION III: SEVERABILITY CLAUSE
If any section, part, or provision of this ordinance is declared unconstitutional or invalid by a court of
competent jurisdiction, then it is expressly provided and it is the intention of the City Council in passing
this Ordinance that its parts shall be severable and all other parts of this Ordinance shall not be affected
thereby and they shall remain in full force and effect.
SECTION IV: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall take effect immediately upon its passage and publication according to law.
READ, CONSIDERED, PASSED, AND APPROVED at a regular meeting of the City Council of Riverdale,
Iowa, at which a quorum was present and which was held on the _______ day of ______________, 2022.
APPROVED: ATTEST:
______________________________________________ ______________________________________________
Anthony Heddlesten, Mayor Kent Royster, City Administrator
First Reading: _____________________________________________
(date)
Second Reading: _____________________________________________
(date)
Third Reading: _____________________________________________
(date)
Page 39
CITY OF RIVERDALE
ROOM RENTAL AGREEMENT
Today's Date:
Renter Name:
Phone Number:
Address:
I. PROPOSED USE DETAILS
Use Date:
Estimated Attendance:
Room(s) Requested: ☐ Community Room
☐ Council Chambers
Start Time:
End Time:
Event Description:
Request to Serve Alcohol:
If yes, a copy of commercial or homeowner's insurance
policy must be attached before placing on council agenda.
Copy of Insurance Attached:
☐ yes ☐ no
☐ yes ☐ no
II. TERMS AND CONDITIONS
This Room Rental Agreement is made as of the date listed below between the City of Riverdale, Iowa (city) and the
undersigned renter (renter). In consideration of the mutual covenants and promises contained herein, the city agrees
to allow the renter to use the city's room located at 110 Manor Drive, Riverdale, Iowa, at the date and time specified
above and on the terms and conditions contained herein.
The parties agree as follows:
1. Renter agrees to comply with the rules and regulations of room rental, a copy of which has been provided to
renter.
2. Renter agrees to use the room for legal purposes only and in compliance with local, state and federal law. Any
illegal activity will be reported to the Sheriff and will result in the renter being barred from future rentals with
the city.
3. Renter agrees to pay a $30 rental feel for each event. The fee is waived for non-profit and governmental
agencies acting in an official capacity for their employer.
Page 40
Additionally, the rental fee is waived for City employees and officers if the cumulative free use is
valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal
year, the City employee or officer shall pay a $30 rental fee for each event (Iowa Code § 362.5(3)(k))
thereafter.
Further, Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall
not be charged rental fees for any event at any time (Iowa Code § 362.5(3)(h)).
4. Renter agrees to pay a refundable $30 deposit per event. The deposit is waived for non-profit and
governmental agencies acting in an official capacity for their employer.
The deposit is waived for City employees and officers if the cumulative free use is valued at less than
$2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal year, the City
employee or officer shall pay a $30 refundable deposit for each event (Iowa Code § 362.5(3)(k))
thereafter.
Riverdale Fire Department volunteers are exempt from the $2,500 limitation and shall not be charged
deposits for any event at any time (Iowa Code § 362.5(3)(h)).
All renters agree that they are responsible for clean-up and for any damage to the facility and equipment that
may result from use by renter and/or their guests. The city agrees to return the full deposit to renter after the
event, conditioned upon the immediate return of the security card and satisfactory inspection of the room and
equipment, according to the rules and regulations.
5. Renter is responsible for the conduct of his/her guests. Renter must ensure all people in attendance abide by
the room rules and these terms and conditions.
6. In consideration of the use of the room, renter agrees that they will use the room equipment and facilities at
renter’s sole risk. Renter further agrees that the city will not be responsible for any or all injury, illness, loss, theft,
or damage to renter, renter’s property, or renter’s guests before, during, or after the event.
7. Renter agrees to indemnify and hold the city harmless for any and all loss, damage, injury, or costs renter or
renter’s guests may sustain before, during, or after their presence at the room and/or participation in the event.
Renter agrees to indemnify and hold the city harmless from and against any loss, damage, injury, or costs caused
by renter’s acts or omissions, negligence, or otherwise, including any costs and attorney fees incurred thereby,
arising out of renter’s participation in the event. Renter agrees that the foregoing release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of Iowa and that if any portion
thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
8. I have read this agreement and the rules and regulations, fully understand and agree to its terms, and have
signed it freely and voluntarily. If renter is a business, I acknowledge that I am duly authorized by this business
to enter into this agreement.
Page 41
III. SIGNATURE AND APPROVAL
Applicant Signature:
Date:
Approved By:
Date:
Security Card #:
Rental Fee Collected: ☐ yes ☐ no ☐ waived
Deposit Collected: ☐ yes ☐ no ☐ waived
Page 42
CITY OF RIVERDALE
ROOM RULES AND REGULATIONS
1. Qualified Renters. The room may be rented only by adults aged 18 years and older. Any person or
group who has previously caused damage to City property shall not be a qualified renter.
2. Advance booking and deposit. Renter must submit the rental agreement and full rental fee and
deposit (unless waived) to secure the reservation.
3. Reservation policy. One-time reservations are generally accepted on a first-come, first served basis;
however, recurring reservations are permissible. Note that recurring reservations may be bumped at the
city's discretion, upon at least two weeks’ notice if another qualified renter has requested a rental date
that conflicts with a recurring reservation and the other qualified renter cannot use an alternate date. A
recurring reservation is a standing reservation at intervals of twice monthly or greater frequency made by
the same renter for the same purpose. Riverdale will notify the recurring reservation renter of a bumped
reservation by phone or mail.
4. Cancellation policy. If renter decides to cancel the reservation, a 48-hour courtesy notification is
appreciated. If the renter fails to notify the city in a timely manner, the city may choose, at its sole
discretion, not to refund the deposit and may consider denial of future room use.
5. Hours of use. The room is open for use from 6 a.m. to 12:00 a.m. All events at the room, including
clean up, must end by 12:00 a.m.
6. Maximum capacity. The community room has a maximum capacity of 124; council chambers has a
maximum capacity of 71. Renters may not host more than this number of people in the room.
7. Insurance. At its sole discretion, the city may require the renter to obtain and show evidence of
insurance for an event before approval of a reservation. Proof of insurance coverage will be required for
all rentals serving alcohol. Evidence of insurance must accompany any request to allow consumption of
alcohol. If such insurance is required, the city shall be named as an additional insured (not as a certificate
holder). Such insurance shall provide coverage in the sum of at least $300,000 per occurrence.
8. Clean up. Renter is responsible for leaving the room and equipment in the same condition it was in
prior to the event. All garbage cans in the room, kitchen (if applicable), and bathrooms should be emptied
outside in the city dumpster. If a room is left in unacceptable condition, based on staff inspection and
evaluation, renter will forfeit all or part of the deposit. If the cost of cleaning exceeds the amount of the
deposit, renter is fully liable for the complete actual cost of cleaning, including carpet cleaning. The
estimated cost of carpet cleaning for the room is $300, although the actual cost may exceed this estimate.
Page 43
9. Damage and keys. Renter is responsible for timely return of the security card and any damage to the
room or equipment incurred during the event. If the facility or equipment is damaged during renter’s use
of the room, or if any property is stolen or missing from the room, renter will forfeit the deposit to the
extent of the damage or missing property.
Renter should inspect the room immediately upon entering and report any existing damage to the city. If
no damage is reported within 15 minutes of renter’s rental period, all damage existing at the end of renter's
rental period will be assessed to renter. If the damage exceeds the amount of the deposit, renter is fully
liable for the complete cost of replacement. The city is under no obligation to tender any claim for damage
to its insurance carrier, though it may do so at its own discretion. If the security card is not returned
immediately following the event, the deposit will be forfeited and renter will be responsible for any charges
incurred by the city with regard to the security card, including replacement of the security card.
10. Alcohol policy. City council must approve any alcohol use in advance of renter’s event. The city
reserves the sole right to deny the use of alcohol at any event for any reason. If the city grants renter
permission to have alcohol at the event, it may assess an additional deposit. Renter must ensure any and
all availability and consumption of alcohol is in compliance with local, state , and federal laws. Renter is
responsible for the behavior and well-being of their guests. As expressed in the room rental agreement,
renter acknowledges and agrees that the city is not responsible for any injury or illness to renter, or renter’s
property, or guests. The consumption of alcohol is limited to the room. No alcohol may be taken into
common areas of the premises. Only beer and wine may be served. No hard liquor or kegs are allowed.
The sale (directly or indirectly) of alcohol is expressly prohibited.
11. Smoking. No smoking is allowed in the room, the building, or on the grounds of City Hall.
12. No commercial or profit-making activities. The room is not available for for-profit events, except
that a school may operate classes in the room, and Council-approved nonprofit fundraisers. Renter may
not charge admission to an event and may not sell food, alcohol, or other items without Council
approval. Renter must limit use of the room to the stated purpose in the Room Rental Agreement.
13. Cleaning/damage deposit and return. A deposit (unless waived) is due when renter submits the
Room Rental Agreement. The city will return the deposit via check sent United States Postal Service after
the event if renter fully complies with these rules and regulations and the terms and conditions set forth
in these documents.
Page 44
CITY OF RIVERDALE
PARK FACILITY RENTAL AGREEMENT
Today's Date:
Renter Name:
Phone Number:
Address:
I. PROPOSED USE DETAILS
Use Date:
Estimated Attendance:
Location: ☐ Bicentennial Park Shelter
☐ Volunteer Square Park Gazebo
Start Time:
End Time:
Event Description:
II. TERMS AND CONDITIONS
This Park Facility Rental Agreement is made as of the date listed below between the City of Riverdale, Iowa (city)
and the undersigned renter (renter). In consideration of the mutual covenants and promises contained herein, the
city agrees to allow the renter to use the city's shelter or gazebo (as indicated above) at the date and time specified
above and on the terms and conditions contained herein.
The parties agree as follows:
1. Renter agrees to comply with the rules and regulations of park facility rental, a copy of which has been provided
to renter.
2. Renter agrees to use the park facility for legal purposes only and in compliance with local, state, and federal law.
Any illegal activity will be reported to the Sheriff and will result in the renter being barred from future rentals
with the city.
3. Renter agrees to pay a $30 rental feel for each event. The fee is waived for non-profit and governmental
agencies acting in an official capacity for their employer.
Additionally, the rental fee is waived for City employees and officers if the cumulative free use is
valued at less than $2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal
Page 45
year, the City employee or officer shall pay a $30 rental fee for each event (Iowa Code § 362.5(3)(k))
thereafter.
Further, Riverdale Fire Department volunteers shall be exempt from the $2,500 limitation and shall
not be charged rental fees for any event at any time (Iowa Code § 362.5(3)(h)).
4. Renter agrees to pay a refundable $30 deposit per event. The deposit is waived for non-profit and
governmental agencies acting in an official capacity for their employer.
The deposit is waived for City employees and officers if the cumulative free use is valued at less than
$2,500 per fiscal year. If the cumulative free use totals $2,500 in any given fiscal year, the City
employee or officer shall pay a $30 refundable deposit for each event (Iowa Code § 362.5(3)(k))
thereafter.
Riverdale Fire Department volunteers are exempt from the $2,500 limitation and shall not be charged
deposits for any event at any time (Iowa Code § 362.5(3)(h)).
All renters agree that they are responsible for clean-up and for any damage to the facility that may result from
use by renter and/or their guests. The city agrees to return the full deposit to renter after the event, conditioned
upon the satisfactory inspection of the facility, according to the rules and regulations.
5. Renter is responsible for the conduct of his/her guests. Renter must ensure all people in attendance abide by
the park facility rules and these terms and conditions.
6. In consideration of the use of the park facility, renter agrees that they will use the park facility and equipment
at renter’s sole risk. Renter further agrees that the city will not be responsible for any injury, illness, loss, theft,
or damage to renter, renter’s property, or renter’s guests before, during, or after the event while on the premises.
7. Renter agrees to indemnify and hold the city harmless for any and all loss, damage, injury, or costs renter or
renter’s guests may sustain before, during, or after their presence at the park facility and/or participation in the
event. Renter agrees to indemnify and holds the city harmless from and against any loss, damage, injury, or
costs caused by renter’s acts or omissions, negligence, or otherwise, including any costs and attorney fees
incurred thereby, arising out of renter’s presence in the park facility or participation in the event. Renter agrees
that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is
permitted by the law of Iowa and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full force and effect.
8. I have read this agreement and the rules and regulations, fully understand and agree to its terms, and have
signed it freely and voluntarily. If renter is a business, I acknowledge that I am duly authorized by this business
to enter into this agreement.
Page 46
III. SIGNATURE AND APPROVAL
Applicant Signature:
Date:
Approved By:
Date:
Rental Fee Collected: ☐ yes ☐ no ☐ waived
Deposit Collected: ☐ yes ☐ no ☐ waived
Page 47
CITY OF RIVERDALE
PARK FACILITY RULES AND REGULATIONS
1. Qualified Renters. The park facility may be rented only by adults aged 18 years and older. Any person
or group who has previously caused damage to City property shall not be a qualified renter.
2. Advance booking and deposit. Renter must submit the rental agreement and full rental fee and
deposit (unless waived) to secure the reservation.
3. Reservation policy. One-time reservations are generally accepted on a first-come, first served basis;
however, recurring reservations are permissible. Note that recurring reservations may be bumped at the
city's discretion, upon at least two weeks’ notice if another qualified renter has requested a rental date
that conflicts with a recurring reservation and the other qualified renter cannot use an alternate date. A
recurring reservation is a standing reservation at intervals of twice monthly or greater frequency made by
the same renter for the same purpose. Riverdale will notify the recurring reservation renter of a bumped
reservation by phone or mail.
4. Cancellation policy. If renter decides to cancel the reservation, a 48-hour courtesy notification is
appreciated. If the renter fails to notify the city in a timely manner, the city may choose not to refund the
deposit and may consider denial of future park facility use.
5. Hours of use. The park facility is available from sunrise to sunset daily. All events at the park facility,
including clean up, must end by sunset.
6. Insurance. At its sole discretion, and depending upon the nature of the event, the city may require
the renter to obtain and show evidence of insurance for an event before approval of a reservation. If such
insurance is required, the city shall be named as an additional insured (not as a certificate holder). Such
insurance shall be in the sum of at least $300,000 per occurrence.
7. Clean up. Renter is responsible for leaving the park facility and equipment in the same condition it
was in prior to the event. All garbage must be placed in garbage cans at the location or removed from the
property. If a park facility is left in unacceptable condition, based on staff inspection and evaluation, renter
will forfeit all or part of the deposit. If the cost of cleaning exceeds the amount of the deposit, renter is
fully liable for the complete actual cost of cleaning.
8. Damage. Renter is responsible for any damage to the park facility or equipment incurred during the
event. If the park facility or equipment is damaged during renter’s use of the park facility, or if any property
is stolen or missing from the park facility, renter will forfeit the deposit to the extent of the damage or
missing property.
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Renter should inspect the park facility immediately upon entering and report any existing damage to the
city. If no damage is reported within 15 minutes of renter’s rental period, all damage existing at the end
of renter's rental period will be assessed to renter. If the damage exceeds the amount of the deposit, renter
is fully liable for the complete cost of replacement. The city is under no obligation to tender any claim for
damage to its insurance carrier, though it may do so at its own discretion.
9. Alcohol. Alcohol is not allowed in any park facility or park.
10. Smoking. Smoking (including, but not limited to, the use of cigarettes, cigars, vaping devices, e-
cigarettes, etc.) is not allowed in any park facility or park.
11. No commercial or profit-making activities. Park facilities are not available for for-profit events,
except that a school may operate classes in the park facility, and Council-approved nonprofit fundraisers.
Renter may not charge admission to an event and may not sell food, alcohol, or other items. Renter must
limit use of the park facility to the stated purpose in the Park Facility Rental Agreement.
12. Cleaning/damage deposit and return. A deposit (unless waived) is due when renter submits the Park
Facility Rental Agreement. The city will return the deposit via check sent United States Postal Service after
the event if renter fully complies with these rules and regulations and the terms and conditions set forth
in these documents.
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ORDINANCE # 02-2022
City of Riverdale, Iowa
An Ordinance Setting the Job Duties of the Deputy Clerk
WHEREAS, Chapter 18, section 18.14 of the City of Riverdale ("City") Code of Ordinances outlines the
position of Assistant City Clerk; and,
WHEREAS, the City has updated the position Assistant City Clerk to the position Deputy Clerk; and,
WHEREAS, the City wishes to codify the job duties of the Deputy Clerk; and,
WHEREAS, the following comes before City Council for consideration and codification.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA,
THAT:
SECTION I:
The Code of Ordinances, Chapter 18 is hereby amended to read as follows:
CHAPTER 18
CITY CLERK
18.4 Deputy Clerk
1. Appointment. The City Administrator may appoint, subject to Council approval, a
Deputy Clerk to serve at the discretion of the City Administrator.
2. Compensation. The Deputy Clerk is paid such compensation as specified by
resolution of the Council.
3. Duties. The duties of the Deputy Clerk are as follows:
A. Provide customer service via telephone, email, and in-person.
B. Maintain communication with the Mayor, City Administrator, and
members of the community
C. Assist in the creation and distribution of meeting documents; attend
meetings in the City Administrator's absence.
D. Assist in the maintenance of official City records, respond to FOIA requests,
and assist with audits.
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E. Process accounts payables and receivables, payroll, and bank reconciliation
functions as necessary
F. Other miscellaneous duties and other duties as assigned.
SECTION III: CODIFICATION
The provisions of Section I of this Ordinance shall be published as appropriate in the Riverdale Code of
Ordinances as soon as practicable.
SECTION IV: SEVERABILITY CLAUSE
If any section, part, or provision of this ordinance is declared unconstitutional or invalid by a court of
competent jurisdiction, then it is expressly provided and it is the intention of the City Council in passing
this Ordinance that its parts shall be severable and all other parts of this Ordinance shall not be affected
thereby and they shall remain in full force and effect.
SECTION V: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall take effect immediately upon its passage and publication according to law.
READ, CONSIDERED, PASSED, AND APPROVED at a regular meeting of the City Council of Riverdale,
Iowa, at which a quorum was present and which was held on the _______ day of ______________, 2022.
APPROVED: ATTEST:
______________________________________________ ______________________________________________
Anthony Heddlesten, Mayor Kent Royster, City Administrator
First Reading: _____________________________________________
(date)
Second Reading: _____________________________________________
(date)
Third Reading: _____________________________________________
(date)
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