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HomeMy WebLinkAbout4003-02/07/1994 ORDINANCE NO. 4003 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY: REPEALING ARTICLE VI , PLANNING AND DEVELOPMENT DIVISION, OF CHAPTER 2, ADMINISTRATION, IN ITS ENTIRETY; AND ENACTING IN LIEU THEREOF A NEW ARTICLE VI , PLANNING AND DEVELOPMENT; AND REPEALING SECTION 29-18, STAFF AND PROFESSIONAL CONSULTANTS , OF CHAPTER 29 , PLANNING AND ZONING GENERALLY, IN ITS ENTIRETY; AND ENACTING IN LIEU THEREOF A NEW SECTION 29-18 , STAFF AND PROFESSIONAL CONSULTANTS, OF CHAPTER 29, PLANNING AND ZONING GENERALLY; AND REPEALING SECTION 29-44 , STAFF AND PROFESSIONAL CONSULTANTS, OF CHAPTER 29, PLANNING AND ZONING GENERALLY; AND BY ENACTING IN LIEU THEREOF A NEW SECTION 29-44, STAFF AND PROFESSIONAL CONSULTANTS, OF CHAPTER 29, PLANNING AND ZONING GENERALLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Article VI, Planning and Development Division, of Chapter 2 , Administration, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Article VI , Planning and Development, of Chapter 2, Administration, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: ARTICLE VI - PLANNING AND DEVELOPMENT DIVISION 1 . ENGINEERING DEPARTMENT Section 2-137 . Engineering Department; created. The Engineering Department is hereby created. Section 2-138. Engineering Department; powers and duties. It shall be the duty of the Engineering Department to provide a full range of professional engineering services for all City departments and public projects. The Department shall have the power to design, inspect, survey, and map all City infrastructures. Section 2-139 . Engineering Department; management and supervision. A City Engineer shall be appointed by the Mayor and subject to the approval of the City Council and shall be directly responsible to the Mayor. Such appointment shall be in accordance with all City of Waterloo policies and procedures regarding recruitment, selection and appointment of employees. The person appointed to the office of City Engineer shall be a licensed professional civil engineer by the State and fully qualified to practice within the State. One hundred eighty ( 180) days shall be provided from the date of appointment to qualify as provided by law. The City Engineer shall supervise, direct and manage the Engi- neering Department. The City Engineer' s duties shall be as BOOK 31.0 PAGE 095 Ordinance No. 4003 Page 2 follows: a) to promulgate orders, rules and regulations for the conduct and guidance of the members of the Engineering Department within the parameters of city policy; b) to make an annual report of the activities of the Department to the Mayor; C) to assign the personnel of the Engineering Department as deemed necessary to carry out the functions of the Engineering Department, and to prescribe rules and regulations for the conduct and management of the Department consistent with the city' s policies; d) to peremptorily suspend or discharge any subordinate under his/her direction for neglect of duty, disobedience of orders, misconduct, or failure to properly perform the subordinate' s duties in accordance with law and city policy, or other appropriate just cause; e) to perform or cause to be performed any other duties as directed by the Mayor; f) to be in full charge of all public improvements ordered by the City Council and shall prepare estimates of costs, plans and specifications and present said information to the Council for approval. The City Engineer shall supervise the construction of such improvements in accordance with the plans and specifications, and upon completion, prepare a final report for the Council giving in detail the itemized final costs and other pertinent facts of such improvements; g) to make all necessary surveys of streets, alleys, avenues , public squares and other surveys when required by the Council, showing the lines, dimensions, names of streets, lots and blocks, and other pertinent facts; h) to take the necessary levels and measurements of all streets, alleys or avenues where the same has not already been done for the purpose of establishing street grades. The City Engineer shall prepare the necessary profiles and drawings showing the existing surface and the grades proposed and submit the proposed grades to the Council for approval and proper establishment of the grades by ordinance; i) to create a system so that notes of all surveys, levels, grades, and other field work are kept in field notebooks. The notebooks shall be numbered in regular order and the notes entered in them in a manner which assures the work can be readily made out, and shall show in which part of the City the work has been done, giving the name of the street, number of the lot and block and exact location of lines or grades or whatever else pertains to the field work, that they may be clearly located on the ground. All calculations relating to the notes and surveys shall appear on the pages of the field books; j ) to require that bench marks are to be placed upon some solid and secure point readily reached from the adjoining streets which identify the levels and grades. These reference marks shall preserve the survey of the streets, blocks and lots, in a clear description made in field books; k) to maintain official City maps and keep the same in a correct and up-to-date fashion showing new additions, streets, alleys, avenues, public squares, public buildings, bridges, streams and other pertinent objects. The collection of maps shall include, but not be limited to, the City street, plat, zoning, thoroughfare, sewer, and ward and precinct maps; 1) to preserve in the office all field notes, maps, plans, profiles, papers, books, writings, and records, and arrange and index the records in a manner which allows ready reference. All field books kept by the Engineer and all necessary blanks for records, maps and plans used Ei � ^' 31P-191R Ordinance No. 4003 Page 3 by the City Engineer in the discharge of the official duties shall be furnished at the expense of the City, and such hooks, records and files shall be the exclusive property of the City. At the expiration of the term of office or the resignation or removal of the City Engineer, the City Engineer shall turn over the same to his/her successor, or to some person duly authorized to receive the same for the City; m) to carefully enter all construction data of all public improvements into the permanent office records. Such records shall include the location of extension of sewer lines, street and other public improvements; n) to review all proposed subdivisions submitted for ap- proval to the City Planning and Zoning Commission and the Council and shall examine such subdivisions carefully as to their compliance with good engineering practices and to the subdivisions regulations. The City Engineer shall inform the commission and the Council in writing as to the findings and compliance with the subdivision regulations; o) to coordinate the design, inspection and construction of road and street projects with the State, Federal and local government authorities and the respective professional design and inspection consultants and contractors; p) to issue ordinance-required permits in public right-of- way including, but not limited to, sidewalks and driveways, excavations, moving buildings, and oversize and/or overweight loads; q) to administer, inspect, and coordinate the improvements to all public sidewalks through a sidewalk inspection and repair program; r) to review and approve all development plans, except single family and duplex, for conformance to City ordinances and policies including, but not limited to, drainage, access, parking areas, and sidewalks; s) to update, monitor , and coordinate the City of Waterloo' s Pavement Management System; t) to inspect, plan and coordinate maintenance activities, and administer maintenance contracts for the City of Waterloo' s flood control facilities; u) to help direct and coordinate activities during flood emergencies and other natural disasters; v) to provide to the extent possible engineering, inspection, and drafting services to all other City departments . Section 2-140. Engineering Department; designee in absence of City Engineer. Whenever the City Engineer shall be out of the City, or unable to act on account of sickness or any other reason ( including those periods of time when the Mayor has not appointed a City Engineer) , the City Engineer or Mayor shall appoint a designee who is qualified to exercise all the powers and duties of the City Engineer. DIVISION 2 . INSPECTION DEPARTMENT Section 2-141. Inspection Department; created. The Inspection Department for the City of Waterloo, Iowa, is hereby created. Section 2-142. Inspection Department; powers and duties. It shall be the duty of the Inspection Department to provide for BOOK 310 r 397 Ordinance No. 4003 Page 4 the inspection of all construction for its compliance with the State, Federal and local regulations. Section 2-143 . Inspection Department; management and supervision. A Building Official shall be appointed by the Mayor and subject to the approval of the City Council and shall be directly responsible to the Mayor. Such appointment shall be in accordance with all City of Waterloo policies and procedures regarding the recruitment, selection and appointment of employees. The Building Official shall supervise, direct and manage the Inspection Department. The Building Official' s duties shall be as follows: a) to promulgate orders, rules and regulations for the conduct and guidance of the members of the Inspection Department within the parameters of city policy; b) to make an annual report of the activities of the Department for each year, the same to be filed with the Mayor; C) to assign the personnel of the Inspection Department as deemed necessary to carry out the functions of the Inspection Department, and to prescribe rules and regulations for the conduct and management of the Department consistent with the city' s policies; d) to peremptorily suspend or discharge any subordinate under his/her direction for neglect of duty, disobedience of orders, misconduct, or failure to properly perform the subordinate' s duties in accordance with law and departmental policy, or other appropriate just cause; e) to supervise and have jurisdiction over the conduct of the Plumbing Inspector, Electrical Inspector, Building Inspector, and Heating Inspector of the City; f) to enforce the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electric Code in the form adopted by the City Council, as they relate to construction activity within the City; g) to coordinate enforcement activities with the Fire Department and other city departments for all construction affected by the Housing Code, Life Safety Code and Minimum Housing Quality Standards; h) to provide Code enforcement of all ordinances related to water service installations, mobile home removal and set-up, sign construction, building demolition, building condemnation, and building moving. Section 2-144. Inspection Department; designee in absence of Building Official. Whenever the Building Official shall be out of the City, or unable to act on account of sickness or any other reason ( including those periods of time when the Mayor has not appointed a Building Official) , the Building Official or the Mayor shall appoint a designee who shall have and exercise all the powers and duties of the Building Official. DIVISION 3 . PLANNING AND TRANSPORTATION DEPARTMENT Section 2-145 . Planning and Transportation Department; created. The Planning and Transportation Department for the City of Waterloo, Iowa, is hereby created. Section 2-146. Planning and Transportation Department; powers and duties. It shall be the duty of the Planning and Transportation Department to provide a full range of professional planning services for all H x 3lO r. 398 Ordinance No. 4003 Page 5 City departments, public projects, and citizens of Waterloo. The Department shall have the power to coordinate all long range plans developed by any public entity in Waterloo. Section 2-147 . Planning and Transportation Department; management and supervision. A City Planner shall be appointed by the Mayor and subject to the approval of the City Council and shall be directly responsible to the Mayor. Such appointment shall be in accordance with all City of Waterloo policies and procedures regarding recruitment, selection and appointment of employees . The City Planner shall supervise, direct and manage the Planning and Transportation Department. The City Planner' s duties shall be as follows: a) to promulgate orders, rules and regulations for the conduct and guidance of the members of the Planning and Transportation Department within the parameters of city policy; b) to make an annual report of the activities of the Department for each year, the same to be filed with the Mayor; c) to assign the personnel of the Planning and Transportation Department as deemed necessary to carry out the functions of the Planning and Transportation Department, and to prescribe rules and regulations for the conduct and management of the Department consistent with the city' s policies; d) to peremptorily suspend or discharge any subordinate under his/her direction for neglect of duty, disobedience of orders, misconduct, or failure to properly perform the subordinate ' s duties in accordance with law and Depart- mental policy, or for appropriate just cause; e) to perform or cause to be performed any other duties as directed by the Mayor; f) to supervise and coordinate development of the community' s Comprehensive Plan, Subdivision and Zoning ordinances, including the necessary research, analysis, plan preparation, design, program development, and writing and editing of reports; g) to supervise and coordinate analysis of the City' s physical and socioeconomic characteristics; and direct land use, population and economic forecasts ; h) to act as technical advisor on planning and development matters to the Mayor, City Council, Planning and Zoning Commission, and appear, either in person or by agent, before the Council and Commission to report or advise on major planning and community development projects, significant economic, housing, land use and population study findings, and new planning and development techniques being utilized in other communities; i) to work with all city departments in matters relating to planning and community development programs; j ) to prepare and administer the Department' s work program and budget after consultation with the Planning and Zoning Commission, assign staff, determine schedules and review progress on the work program; k) to review all public projects undertaken by City departments, special districts, the County, and other governmental agencies to ensure they are compatible with City plans; 1) to aid the Planning and Zoning Commission and City Council in the development of the Capital Improvements Program and other long term financial plans; m) to prepare educational and informational materials; consult with developers, public officials and citizens on Pg� 3lOPAGE399 Ordinance No. 4003 Page 6 planning and development matters; and coordinate and review work performed by professional consulting firms retained for planning and development studies; n) to supervise and have jurisdiction over the conduct of the zoning administration and the enforcement of all Zoning regulations enacted by the City; o) to coordinate metropolitan planning efforts related to transportation, economic development and other related activities with all other affected entities; p) to supervise, coordinate and review work performed by professional consulting firms for planning and development studies; (I) to supervise, coordinate and review the traffic planning and engineering activities of the City of Waterloo; r) to provide staff services and coordinate the activities of the Waterloo Redevelopment Authority and for any and all downtown development and redevelopment efforts; s) to develop, monitor, and coordinate the City of Waterloo' s information and data network; t) the Planning and Transportation Department will provide staff support to the Planning, Programming and Zoning Commission. Section 2-148. Planning and Transportation Department; designee in absence of City Planner. Whenever the City Planner shall be out of the City, or unable to act on account of sickness or any other reason (including those periods of time when the Mayor has not appointed a City Planner) , the City Planner shall appoint a designee who shall have and exercise all the powers and duties of the City Planner. DIVISION 4. HOUSING AUTHORITY Section 2-149. Housing Authority; created. The Housing Authority for the City of Waterloo, Iowa, is hereby created. Section 2-150 . Housing Authority; powers and duties. It shall be the duty of the Housing Authority to provide and coordinate the federally subsidized public housing programs. Section 2-151 . Housing Authority; management and supervision. A Housing Director shall be appointed by the Mayor and subject to the approval of the City Council and shall be directly responsible to the Mayor. Such appointment shall be in accordance with all City of Waterloo policies and procedures regarding the recruitment , selection and appointment of employees. The Housing Director shall supervise, direct and manage the Housing Authority. The director' s duties shall be as follows: a) to promulgate orders, rules and regulations for the conduct and guidance of the members of the Housing Authority within the parameters of city policy; b) to make an annual report of the activities of the Department for each year, the same to be filed with the Mayor; c) to hire, train, and assign the personnel of the Housing Authority as deemed necessary to carry out the functions of the Housing Authority, and to prescribe rules and regulations for the conduct and management of the Department consistent with the city' s policies; d) to peremptorily suspend or discharge any subordinate under his/her direction for neglect of duty, disobedience Q�� 3�_1 1 p1.F.4OO Ordinance No. 4003 Page 7 of orders, misconduct, or failure to properly perform the subordinate' s duties in accordance with law and city policy, or for other appropriate just cause; e) to perform or cause to be performed any other duties as directed by the Mayor; f ) to actively investigate, procure and manage those newly authorized housing programs available through Federal or state grants and contracts deemed by the Housing Authority to be in the best interest of the City; g) to supervise and manage the City' s housing programs including the Section 8 Existing Housing Certificates Program, Section 8 Housing Voucher Program, Public Housing Development, Modernization and Management, and others as these become available; h) to administer the Housing Authority' s programs, prepare policies and budgets for approval by the Housing Authority where required, assign staff , determine schedules , and review progress on the programs ; i) to supervise and coordinate development and implementation of the City' s public housing programs in cooperation with other departments and agencies to the mutual advantage of the housing programs and the City; j ) to act as technical advisor on public housing management and development matters to the Mayor, City Council, city Committees, and appear, either in person or by agent, before the City Council to report or advise on housing matters and housing development/management techniques being utilized in other communities; k) to coordinate and review work performed by professionals and contractors retained by the Housing Authority to perform services, construction, or studies as required by the Housing Authority; 1) to work with Federal, State and adjoining local governments in implementing the Waterloo Housing Authority' s programs. Section 2-152. Housing Authority; designee in absence of the Housing Director. Whenever the Housing Director shall be out of the City, or be unable to act on account of sickness or any other reason ( including those periods of time when the Mayor has not appointed a Housing Director) , the Housing Director or the Mayor shall appoint a designee who shall have and exercise all powers and duties of the Housing Director. That Section 29-18, Staff and Professional Consultants, of Chapter 29, Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety and a new Section 29-18 is hereby enacted in lieu thereof as follows: Section 29-18. Staff and Professional Consultants. The Planning and Transportation Department shall provide staff support to the Planning, Programming and Zoning commission. Subject to the limitations contained in this article as to the expenditure of funds, and subject to the City Council approval, the Commission may contract with professional consultants or county, regional, state and federal governments for local planning assistance, and may agree with each or all of them as to the amount, if any, to be paid for such planning assistance. 1394 1)1(E401 Ordinance No. 4003 Page 8 That Section 29-44, Staff and professional consultants, of Chapter 29 , Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety and a new Section 29-44 is hereby enacted in lieu thereof as follows: Section 29-44. Staff and Professional Consultants. The Planning and Transportation Department shall provide staff support to the Waterloo Redevelopment Authority. Subject to the limitations contained in this article as to the expenditure of funds, and subject to the City Council approval, the Waterloo Redevelopment Authority may contract with professional consultants or county, regional, state and federal governments for local planning assistance and may agree with each or all of them as to the amount, if any, to be paid for such assistance. INTRODUCED: February 7 , 1994 PASSED 1ST CONSIDERATION: February 7 , 1994 PASSED 2ND CONSIDERATION: February 7 , 1994 PASSED 3RD CONSIDERATION: February 7, 1994 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 7th day of February, 1994 , and approved by the Mayor on the 9th day of February, 1994. 4111i / Jo n R Roof ,f, May,i 7 ATTEST: ll[tTorn Camp 11, ing Clerk/Auditor CERTIFICATE I , Tom Campbell, Acting Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4003, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of February, 1994 . Witness my hand and seal of office this 9th day of February, 1994. • _ Tom CaP •bell Acting Clerk/Auditor • 19661 V•` Misc I N D E X BLACK ILAN COUNTY, lOWA:SS MARGIN filed for r ^ :{ _.Mar 30 19 94_ P COMPARE Ft 12 _30 _P" ok d recorded in , � .0 — 10 _ page azeizazt, set . Reorder Deputy. ha 40.00/ CITY OF WATERLOO BOOK 314 Parc 40? o L'LC W%1`(i�-)') 1 'lel!tlE� a41 { ! A �1�1 nitO Pu 6uluoZ pue°6u!uuel� • izil ,40, alyµedwoORrM _Due t unop Ie a FO Budke starts C.F. . °aa toward good round Continued from Page DI do solemnly swear that the annexed copy of legal wa r e r 1 n n C.i r y n F -rugs i°A'Schmitt's win was 8-6 over Bryan Ordinance No. 4003 Freyermuth of Muscatine. It avenged ay` an earlier one-point loss in a dual :NO meet. :Na Other winners for the Tigers were :NcLes Niedert at 119, Curt Niedert at os 135 and state meet veterans Darrel • . Wa Wieland and Tony Wieland at 171 and totice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in :,'„',189,respectively. -sa "We got good leadership from those Waterloo,Black Hawk County,Iowa,once commencing on the 25th we guys who have been here before,"said a�Doyle of the brothers. "They just told of February 19 94 in the name of -,W y the others that they would be wrestling / // _ dc on a mat here (at expansive Veteran's Auditorium)just like at home." said newspaper, and that the annexed rate of advertised is the regular legal rate of said -S6 The only damper on the day was the -i°'torn muscle that Dark suffered. newspaper,and that the following is a correct bill for publishing said notice. a; "We hoped we would get all seven 203.5 h i�I,through,but realistically we got about Printer's Bill$ 'o;all we could expect," said Doyle. "Now we're down to good quality JO people (yet to face), and it's the same le old thing—you've got to go at it one )c,„....„44____ s_. day at a time." Signed (; Prairie and Fort Dodge were the a.biggest first-round losers with each 6 losing five. G (� Prairie, which won the Mississippi Subscribed and sworn to before me this -� n day of u Valley Conference title at Cedar Falls f) ; � A.D.,19 0 9 .,a couple of weeks ago, won three of E its five consolation matches. But one siof the Hawks that didn't make it was 4125-pounder Marcus Burns, one of • .their better wrestlers. (i(-i n L(.,& 4_ s, He lost 4-2 in the first round and Notary Public al IIS al i CLASS 2A Received of ei - Osage poised for run a :A p Bat state championship the sum of P�ontinued from Page DI at Dollars or -Clarinda ahad four. PI eeloser in efirst r s Lyon, which broughteigh g in full for publication of the above notice. wrestlers and won just two first-rounc pu matches. If there was a key match for th, a•'Green Devils,it was the first one. -idL Frank Kisley was the first Osage • wrestler on the mat and he posted a 4 dur standard for the rest of his team ui u,mates to shoot at. • That first win was the key," sai, IIIMGast. "He got us on the right track -;5 1'hat's one of the keys that got every '—body else going:' Five of the six Osage wrestlers at sere for the second straight year an