Loading...
HomeMy WebLinkAboutCouncil Packet - 11/25/2019Council Work Session November 25, 2019 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 3:55 p.m. Review of edits to Title 1 of the City Code. Submitted By: Kelley Felchle, City Clerk Approx. Review of proposed merit pay and performance evaluation policy. 4:25 p.m. Submitted By: Lance Dunn, Human Resources Director and Kelley Felchle, City Clerk Approx. Sister City partnership with Unification City, Republic of Liberia. 4:55 p.m. Submitted By: Mayor Quentin Hart ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Review of edits to Title 1 of the City Code. City Council Meeting: 11/25/2019 Prepared: 8/1/2019 REVIEWERS: Department Reviewer t.'➢erk t➢ftrice i e➢chle, Kelley Action Date Approved 8/ i/2,019 • 4:57 [14 ATTACHMENTS: Description Type D Ordinance ar., ➢11ac u:p 1 uar uric: D Censure Merrno 6t cisua D Censure 1\ anrrriss ;y Ha.m u.i 2 Nov 2.(Y19 B ck u DCei. u.an , Alternative Process Nov 20 9 t'nt➢ 1 ttc uwun rona a ll....13 to counnci➢. 11 ➢ 2. ➢ 9 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Review of edits to Title 1 of the City Code. Submitted By: Kelley Felchle, City Clerk The objective for this meeting will be to review changes made from previous work sessions (highlighted in green) and do a final discussion of censure. Following this work session, I will begin placing ordinances on the regular session agenda to adopt Chapters 1-6. Following this meeting, we will have a work session on Nov. 18 to begin discussing Chapters 7-10. Revisions to Title 1 of the Waterloo City Code First Draft o Council — 5/31/2019 RULES OF PROCEDURES INCORPORATED INTO CITY CODE Table of Contents CHAPTER 1 OFFICIAL CITY CODE 2 CHAPTER 2 MUNICIPAL CHARTER AND SEAL 5 CHAPTER 3 GENERAL PENALTY 6 CHAPTER 4 ROLES AND DECORUM OF ELECTED OFFICIALS 7 CHAPTER 5 MEETINGS AND AGENDAS 9 CHAPTER 6 RULES OF PROCEDURE 13 ARTICLE A CONFIDENTIAL INFORMATION 18 ARTICLE B CENSURE OF ELECTED OFFICIALS 20 CHAPTER 7 MUNICIPAL OFFICIALS 28 ARTICLE A. CITY CLERK 28 ARTICLE B. CITY ATTORNEY 30 ARTICLE C. CHIEF FINANCIAL OFFICER 31 CHAPTER 8 MUNICIPAL DIVISIONS AND DEPARTMENTS 35 ARTICLE A. DIVISION OF ARTS AND LEISURE 36 ARTICLE B. DIVISION OF COMMUNITY PLANNING AND DEVELOPMENT 36 ARTICLE C. DIVISION OF PUBLIC WORKS 38 ARTICLE D. AIRPORT 40 ARTICLE E. FIRE RESCUE 41 ARTICLE F. HUMAN RESOURCES 42 ARTICLE G. HUMAN RIGHTS COMMISSION 43 ARTICLE H. LIBRARY 43 ARTICLE I. POLICE DEPARTMENT 43 ARTICLE J. TECHNOLOGY SERVICES 46 CHAPTER 9 MUNICIPAL ELECTIONS 60 CHAPTER 10 MUNICIPAL FINANCES 78 ARTICLE A. HOTEL AND MOTEL TAX 81 Note: Words in red with a strike through effect are proposed deletions. Words in blue with an underline effect are proposed additions. CHAPTER 1 OFFICIAL CITY CODE 1-1-1: CODE DESIGNATED: 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: 1-1-3: CATCHLINES: 1-1-4: EFFECT OF REPEALS: 1-1-5: ALTERING THE CODE: 1-1-6: AMENDMENTS TO CODE: 1-1-7: SEVERABILITY: 1-1-1: CODE DESIGNATED: The ordinances embraced in the following titles, chapters and sections constitute and are designated the CITY CODE OF THE CITY OF WATERLOO, IOWA, and may be so cited. (1970 Code, § 1-1) 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: In the construction of this code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or repugnant to the context of the provisions: CITY: The city of Waterloo, Iowa, and extended to its several officers, agents and employees. CITY ATTORNEY: The chief legal officer of the city; -- CITY CLERK: The city clerk of the city. COMPUTING TIME; HOLIDAYS: In computing time, the first day shall be excluded and the last included, unless the last day falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday; provided that, whenever the last day for the commencement of any action or proceedings, the filing of any pleading or motion in a pending action or proceedings or the perfecting or filing of any appeal from the decision of any court, board, commission or official falls on a Saturday, a Sunday or any recognized legal holiday, the time therefor shall be extended to include the next day which is not a Saturday, Sunday or such legal holiday. COUNTY: The county of Black Hawk in the state of Iowa. DELEGATION OF AUTHORITY: Whenever a provision appears requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise. GENDER: Words importing the masculine gender only --shall may be extended to females. DRAFT DATE - 5/31/2019 2 JOINT AUTHORITY: Words giving a joint authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of them, unless it is otherwise expressed. LAND, REAL ESTATE: The word "land" and phrases "real estate" and "real property" include land, tenements, hereditaments and all rights thereto and interest therein, equitable as well as legal. MONTH, YEAR: The word "month" means a calendar month and the word "year" means a calendar year. NUMBER: Words incorporating the singular number may be extended to several persons or things, and words importing the plural number may be applied to one person or thing. OATH OR AFFIRMATION: The word "oath" includes affirmations in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". OFFICIALS, BOARDS, COMMISSIONS, ETC.: Whenever reference is made to officials, boards and commissions by title only, i.e., "council", "clerk", "the mayor" etc., they shall be deemed to refer to the officials, boards and commissions of the city of Waterloo. OR, AND: "Or" may be read "and", and "and" may be read "or" if the sense requires it. PERSON: Includes and is applied to corporations, associations, clubs, societies, firms, partnerships, municipalities and bodies politic and corporate as well as to individuals. PERSONAL PROPERTY: Includes money, goods, chattels, evidences of debt and things in action. PROPERTY: Includes real and personal property. STATE: The state of Iowa. TENSE: Words used in the present or past tense include the future as well as the present and past. WORDS AND PHRASES: Words and phrases shall be construed according to the context and the approved usage of the language; technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such meaning. WRITTEN, IN WRITING: Any mode of representing words and letters in general use, except that signatures, when required, must be made by the writing or mark of the person. (1970 Code, § 1-2; amd. 2001 Code) DRAFT DATE - 5/31/2019 3 1-1-3: CATCHLINES: Unless set out in the body of the section itself, the catchlines of the several sections and/or subsections of this code do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section and/or subsection. (1970 Code, § 1-3) 1-1-4: EFFECT OF REPEALS: The repeal of an ordinance does not revive an ordinance previously repealed, nor affect any rights which have accrued, any duty imposed or any proceedings commenced under or by virtue of the ordinance repealed. (1970 Code, § 1-5) 1-1-5: ALTERING THE CODE: It is unlawful for any person to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. (1970 Code, § 1-6) 1-1-6: AMENDMENTS TO CODE: A. All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from this code by omission from reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this code and subsequent ordinances numbered or omitted are readopted as a new code. B. Amendments to any of the provisions of this code may be made by amending such provisions by specific reference to the section number of this code in substantially the following language: "That section of the city code of Waterloo, Iowa, is hereby amended to read as follows:...". The new provision shall then be set out in full as desired. CIn the event a new section not heretofore existing in this code is to be added, the following language may be used: "That the city code, city of Waterloo, Iowa, is hereby amended by adding a section, to be numbered , which said section reads as follows: ...". The new section shall then be set out in full as desired. (Ord. 3522, 1-25-1988; amd. Ord. 3855, 4-13-1992) 1-1-7: SEVERABILITY: The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared invalid, unenforceable or unconstitutional by the valid judgment or decree of a court of competent DRAFT DATE - 5/31/2019 4 jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (1970 Code, § 1-4) CHAPTER 2 MUNICIPAL CHARTER AND SEAL 1-2-1: MUNICIPAL CHARTER: 1-2-2: MUNICIPAL SEAL: 1-2-1: MUNICIPAL CHARTER: A. Purpose: The purpose of this section is to provide for a charter embodying the form of government existing on July 24, 1972. B. Citing Charter: This section may be cited as the CHARTER OF THE CITY OF WATERLOO, IOWA. C. Form Of of Government: The form of government of the city is the mayor -council form of government. D. Powers And and Duties: The city council and mayor and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules and regulations of the city. E. Number And and Term Of of Council: The city council shall consist of two (2) councilpersons elected at large and one councilperson from each of the five (5) wards as established by ordinance, elected to hold office as follows: 1. In the election to be held in 1993, the councilpersons from wards one, three and five shall be elected for a term of four (4) years. The councilpersons from wards two and four shall be elected for a term of two (2) years. The at -large councilperson who receives the highest number of votes is elected for a four (4) year term; the other is elected to a two (2) year term. 2. Thereafter, each councilperson shall be elected for a term of four (4) years. F. Term Of of Mayor: The mayor is elected for a term of two (2) years. G. Copies on File: The city clerk shall keep an official copy of this charter on file with the official records of the city clerk, shall immediately file a copy with the secretary of the state of Iowa, and shall keep copies of the charter available at the city clerk's office for public inspection. (Ord. 2603, 8-14-1972; amd. Ord. 3856, 4-13-1992) DRAFT DATE - 5/31/2019 5 1-2-2: MUNICIPAL SEAL: A seal, having in the center the words "WATERLOO, IOWA", and around the margin the words "City Seal", be and the same is hereby declared to be the common seal of the city. The city clerk shall procure such a seal, have the custody of the seal, and cause it to be affixed to all transcripts, orders, or certificates, which it may be necessary or proper to authenticate. (Rev. Ord. 1188, Comp. 1941, p. S-9) CHAPTER 3 GENERAL PENALTY 1-3-1: GENERAL PENALTY: 1-3-2: MUNICIPAL INFRACTIONS: 1-3-1: GENERAL PENALTY: The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine in line with maximums allowed by state lawhr aat ceeding five hundred dollars ($500. )-or imprisonment not to exceed thirty (30) days. (Ord. 4441, 10-16-2000) 1-3-2: MUNICIPAL INFRACTIONS: A. Definitions: As used in this section, or with reference hereto, the following words and terms shall have the meaning ascribed thereto: MUNICIPAL INFRACTION: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor, by this code or any ordinance or code hereby adopted by reference, or omission or failure to perform any act or duty requested by this code or any ordinance or code herein adopted by reference. A violation shall not be a municipal infraction if it is a felony, an aggravated misdemeanor or a serious misdemeanor under state law or if the violation is a simple misdemeanor under Iowa Code chapters 687 through 747. A municipal infraction is punishable by civil penalty as provided herein. OFFICER: Any employee or official authorized to enforce this code of the city of Waterloo. REPEAT OFFENSE: A recurring violation of the same section of this code. B. Adoption Of of Iowa Code On Municipal Infractions: Iowa Code section 364.22, municipal infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code section 364.22 shall automatically modify this section. (Ord. 4920, 7-14-2008) C. Penalties: The civil penalties for municipal infractions will be in line with maximums allowed by state law. (Ord. 5133, 10-1-2012) DRAFT DATE - 5/31/2019 6 D. Notice Of of Violation: Any act constituting a municipal infraction under this code may be initially charged upon simple notice of violation. The city may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the party's last known address. A person who admits the reported violation may remit payment of the penalty to the city and perform any other act required to be performed, and in such event the person charged shall not be further prosecuted by issuance of a municipal infraction citation and will not be assessed any costs or other expenses for such violation. The city shall retain all penalties thus collected. If the person charged denies the reported violation or fails to timely perform any act required to be performed by the notice of violation, a civil municipal infraction citation shall be served in the manner prescribed by the applicable provision(s) of this code. Nothing in this section imposes a duty on the city or any officer to initially charge any act or all acts constituting a municipal infraction upon simple notice of violation, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief (Ord. 4920, 7-14- 2008) of abatE..� administrative fee of one hundred citations in the same calendar year th. ($300.00). The s�± address of the owner and/or perso 2011) nqu€nt if ithi red in the same me property, an he property owner in costs imposed, and for addit°°°, 4 •cs or e-en- nistrative fee may file an appeal i as shown by the records of the lent shall be due and payaiole upon ailing ay be assessed against the property CHAPTER 4 ROLES AND DECORUM OF ELECTED OFFICIALS 1-4-1: ROLE OF MAYOR AND COUNCIL: 1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES: 1-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS: 1-4-4: COUNCIL MEETING DECORUM: 1-4-5: SPEAKING DURING PUBLIC MEETINGS: DRAFT DATE - 5/31/2019 7 1-4-1: ROLE OF MAYOR AND COUNCIL: A. Mayor: The mayor is the chief executive officer of the city, head of the executive branch of the city, ceremonial head of the City and, when present at a council meeting, is presiding officer of the council. As head of the executive branch of the city, the mayor oversees the daily administration of the city by supervising and directing all city employees and departments. The mayor shall recommend the appointment of department heads with the consent of council. B. Council: city council is the legislative body of the city and exercises its powers and duties as a quorum of council members during open meetings. Council is responsible for enacting laws and setting policy by which the city takes action. 1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES: A. Council members shall refrain from becoming directly involved in the administrative activities and daily responsibilities of employees. Council members may make inquiries of department heads or their designee, for the limited, legitimate purpose of informing themselves regarding agenda items or important affairs of an immediate and urgent nature. The mayor may choose to establish formal procedure for council -department head interaction and department head support of council committees. Council members may fully and freely discuss with the mayor anything pertaining to city affairs. B. City Council shall avoid situations that can result in city employees being directed, intentionally or unintentionally, by one or more members of the council. While council member interaction with the city's employees is unavoidable, giving direction in regard to other city employees, duties, working conditions, supervisors, etc., is discouraged. If an employee voices a concern or complaint with them, council members may listen to such concerns and complaints, and shall then refer any such complaints back to the mayor, or if the mayor is involved in the matter, to the human resources director, for follow up and action if needed. Council members may remind the city's employees that they have a number of resources at their disposal to address employment issues if needed, including the employee handbook, or following the grievance procedures set forth in their collective bargaining agreement in the case of a union employee. This section shall not be construed as prohibiting or discouraging employees from reporting criminal acts or serious acts of personal misconduct that violate the employee handbook. C. In situations in which an employee approaches a council member and the communication does not involve a complaint or concern with regard to other city employees, duties, working conditions, supervisors, or other terms of employment, council members may freely speak with the employee. 1-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS: A. Council members shall not become involved in disciplinary matters and the disciplinary or investigative process except where adopted city policy or state law may allow such participation. DRAFT DATE - 5/31/2019 8 B. Council members shall operate within the city's established chain of command. The established chain of command requires the mayor, department heads, managers, and supervisors to oversee and direct their workforce on behalf of the city. The human resources director and mayor are required to ensure city policies are consistently applied across all departments. This is to avoid inconsistent or political influences in the investigative or disciplinary process, which may lead to arbitration, civil service proceedings, or litigation. 1-4-4: COUNCIL MEETING DECORUM: A. The presiding officer shall preserve order and decorum, prevent attacks on personalities and the impugning of members' motives, confine members in deliberation and debate to the question under discussion, and decide all questions of order. B. Every member of the public and every council member desiring to speak shall address the presiding officer, only upon recognition by the presiding officer, and shall confine comments to the question under debate, avoiding inappropriate language and personal attacks. 1-4-5: SPEAKING DURING PUBLIC MEETINGS: A. When two or more council members address the presiding officer at once, the presiding officer shall name the member who is to speak. Council members shall refrain from discourse while another member or the presiding officer is speaking. Cell phone and email use shall be limited during any city council meeting. Exceptions may be granted at the discretion of the presiding officer. B. Council members shall only speak once until each member choosing to speak shall have spoken. C. Council members shall only have the floor for a maximum of three minutes each time they have the floor. D. The presiding officer may make a call to order if a council member violates rules of decorum, and upon such a call, the council member shall immediately cease speaking. The council member may appeal to the presiding officer for an opportunity to explain the remarks. If no appeal is made, the decision of the presiding officer shall be conclusive, but if the member shall appeal from the decision of the presiding officer, the council shall decide the question without debate by majority vote. CHAPTER 5 MEETINGS AND AGENDAS 1-5-1: QUORUM: 1-5-2: METHOD OF KEEPING MINUTES: 1-5-3: ORDER OF SEATING: 1-5-4: MEETINGS: 1-5-5: STANDING COMMITTEES OF COUNCIL: DRAFT DATE - 5/31/2019 9 1-5-6: SPECIAL COMMITTEES: 1-5-7: COUNCIL MEMBER ABSENCE: 1-5-8: COUNCIL PARTICIPATION VIA TELEPHONE: 1-5-9: ORDER OF BUSINESS FOR REGULAR MEETINGS: 1-5-10: AFFIRMATIVE MOTIONS 1-5-11: PLACING ITEMS ON THE AGENDA: 1-5-1: QUORUM: A majority of the whole number of members of the council to which the city is entitled shall be necessary to constitute a quorum. The number of members needed for a quorum of the city council is four (4). Less than a quorum may adjourn and compel the attendance of members. 1-5-2: METHOD OF KEEPING MINUTES: A. Minutes of all meetings shall be maintained by the city clerk as a permanent record. A record shall be made of the names and addresses of persons addressing council and a summary of their remarks. Minutes shall be available for viewing by any member of the public during normal city hall business hours as soon as the minutes of the meeting are complete. Minutes shall be made available no later than the close of business on the Friday prior to the next regular council meeting. B. Council members shall notify the city clerk prior to the start of the meeting if a correction to the previous meeting's minutes is suggested to allow the city clerk time to verify that such a correction is required. 1-5-3: ORDER OF SEATING: Council members shall occupy the respective seats in the council chambers assigned to them by the mayor. 1-5-4: MEETINGS: A. Regular Meetings: Regular meetings of the city council shall be held on the second and fourth Mondays of each month at the council chambers in the city hall at five thirty o'clock (5:30) P.M., or at such other designated place other than the council chambers pursuant to Subsection D of this section; however, when a meeting date falls on a day designated by the city as a holiday, then the regular meeting shall be held on the following evening at five thirty o'clock (5:30) P.M. in the council chambers at the city hall, or at such other designated place other than the council chambers. The city council may adjourn a regular meeting to any date it may deem proper. B. Special Meetings: Special meetings of the city council may be called by the mayor or by any four (4) council members, by serving a written notice of the special meeting to the city clerk not less than 72 hours prior to the meeting. Only such business may be transacted at a special meeting as is mentioned or referred to in the notice of the meeting. Special meetings shall be held in the council chambers, unless the council by resolution designates a different place of DRAFT DATE - 5/31/2019 10 meeting. Notice of such change of meeting place shall be given to the public by publication. The city clerk shall deliver notice of the meeting to council members via email and to their city - issued mailbox no later than 24 hours prior to the meeting. Every attempt must be made to confirm council members are in receipt of the notice of special meeting and are aware that said meeting is to take place. C. Work Session: Work session meetings of the city council may be held on the same day as a regular session meeting to review matters which are expected to come before city council for formal action at a regular meeting or otherwise need study and advance consideration. Items to be considered shall be listed on the agenda and shall state the approximate start time for each item following the first. Council recommendations for future action, when necessary, shall be made in the form of a motion and approved by a majority vote. D. Change of Location: Regular, special, or work session meetings of the city council may be held at such other designated place other than the council chambers in the city hall as the city council may deem advisable; provided, however, such designation of a meeting place other than the council chambers in the city hall shall be by city council resolution. Notice of such change of meeting place shall be given to the public by publication as provided by Iowa Code section 362.3. 1-5-5: STANDING COMMITTEES OF COUNCIL: The mayor may create and appoint no fewer than three council members to standing committees of the council. Committee members shall be appointed at the first meeting in January or at the time a vacancy occurs. A chair shall be selected from the members of the committee. Nothing shall preclude the council from acting as deemed necessary without the input of a committee in the case of an emergency to appropriately and properly conduct the business of the city. Each of the following committees shall specifically be assigned the following responsibilities and other duties as deemed appropriate: 1. Finance Committee: This committee shall review travel requests, budget line item amendments, expenditure pre -authorizations, and refund requests for sanitation services in accordance with city finance policies and procedures. The committee shall meet prior to each regular session. 1-5-6: SPECIAL COMMITTEES: A. The mayor or a quorum of the council may appoint members to temporary advisory or ad hoc committees consisting of council members, staff, and/or private citizens, as deemed desirable and necessary to assist and advise the mayor or council. Members of council -appointed committees shall abide by Iowa Open Meeting Laws. B. The special committee shall prepare and deliver a final report of its findings to the Mayor if created by the Mayor or Council if created by the Council. The special committee shall be considered discharged upon delivery of the final report. DRAFT DATE - 5/31/2019 11 1-5-7: COUNCIL MEMBER ABSENCE: Council members who are unable to attend a scheduled meeting shall notify the mayor and city clerk prior to the meeting. 1-5-8: COUNCIL PARTICIPATION VIA TELEPHONE: A Council member who is physically unable to attend a meeting may participate via telephone. They shall provide a reliable telephone number, a quiet environment, join the meeting by 5:30 p.m., and remain on the phone for the entire meeting. 1-5-9: ORDER OF BUSINESS FOR REGULAR MEETINGS: A. Business for a regular meeting may be ordered as follows: Roll Ca11 Prayer or Moment of Silence Pledge of Allegiance Approval of Agenda, as proposed or amended Approval of Minutes of the previous meeting Presentations or Recognitions Public comment Consent Agenda (The Consent Agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without separate discussion. Council shall either vote vea or nay when the roll is called. Council may remove an item from the Consent Agenda and consider it separately.) Items that may appear on the Consent Agenda include but are not limited to the following: 1. Resolution of bills 2. Setting date of public hearing 3. Assessment cancellation 4. Water kill 5. CLURA/CURA applications 6. Waiver for a concrete driveway application 7. Parade route/street closure 8. Noise variance 9. Travel request approval 10. License/Permit approval 11. Board/Commission/Employee appointments 12. Bonds Remainder of the Agenda may include but is not limited to the following: 1. Public Hearings 2. Resolutions 3. Ordinances 4. Other Council Business (Reserved for approval of non -routine motions and revocation hearings.) 5. Executive Session DRAFT DATE - 5/31/2019 12 6. Adjournment B. The mayor or council shall have the authority to vary from this schedule to expedite the conduct of business or accommodate persons having business to be considered by council. 1-5-10: AFFIRMATIVE MOTIONS All motions, resolutions, ordinances shall be listed on the agenda in the form of an affirmative motion to enact, adopt, approve or other appropriate language. The council members who move and second the motion are not required to vote in favor of the item during the roll call or voice vote. 1-5-11: PLACING ITEMS ON THE AGENDA: A. All agenda items and supporting materials are due to the city clerk's office at a date and time designated by the city clerk on the Wednesday preceding the regular Council meeting. The process for adding items to the agenda varies for staff, council, and the mayor. Agenda items shall be added as follows: 1. Mayor and Staff: Mayor and staff members shall submit agenda items using the agenda management software. 2. Council: Council members shall submit agenda items to the mayor and must do so by the deadline designated by the city clerk. Items submitted by council shall be reviewed by the city attorney, city clerk, or appropriate staff and be placed on a work session agenda for discussion and review prior to being placed on the regular agenda for a vote. B. The finalized agenda and packet shall be available to the public at the close of business of the Friday preceding the council meeting. The mayor has final approval of all items listed on the agenda. Once finalized, the mayor may withdraw any item prior to the council meeting and must do so in writing in the form of an amendment notice provided to council at the start of the meeting. The amendment notice must include a reason for withdrawing the item. Council may choose to keep the item on the agenda by a majority vote. CHAPTER 6 RULES OF PROCEDURE 1-6-1: PRESIDING OFFICER: 1-6-2: DEBATE AND VOTING: 1-6-3: MOTION: 1-6-4: ORDINANCE: 1-6-5: TIE VOTE: 1-6-6: ABSTENTIONS: 1-6-7: CONFLICT OF INTEREST: 1-6-8: CONFLICT OF INTEREST PROTESTS: 1-6-9: MOTION TO RECONSIDER: DRAFT DATE - 5/31/2019 13 1-6-10: MOTION TO RESCIND: 1-6-11: GENERAL RULES FOR PUBLIC PARTICIPATION: 1-6-12: PUBLIC COMMENT: 1-6-13: PUBLIC HEARINGS : 1-6-14: PUBLIC SPEAKING DURING AGENDA ITEMS: 1-6-15: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS: 1-6-16: PARLIAMENTARY RULES TO GOVERN: 1-6-1: PRESIDING OFFICER: A. The Mayor shall be the presiding officer of the Council. In the mayor's absence, the mayor pro tem shall be the presiding officer. The mayor pro tem shall immediately relinquish the chair upon arrival of the Mayor. In the absence of the Mayor and the mayor pro tem, the city clerk shall call the meeting to order, and a temporary presiding officer shall then be selected by majority vote of the council members present. Upon arrival of the mayor or mayor pro tem, the temporary presiding officer shall immediately relinquish the chair. B. The major functions of the presiding officer during council meetings include but are not limited to the following: 1. Call the meeting to order. 2. Announce the order of business as provided in the agenda. 3. State motions on the table and who opens debate. 4. Put motions to a vote, when appropriate. 5. Announce the council's decision on all subjects. 6. Prevent irrelevant or frivolous debate or discussion. 7. Maintain order and decorum. 8. Decide all questions of order. 9. Enforce city rules or policies pertaining to council meeting procedure. 10. Recognize right of council to appeal parliamentary procedure. C. A member of council may appeal a parliamentary decision made by the presiding officer. If an appeal is made, council shall decide the question by a majority vote. DRAFT DATE - 5/31/2019 14 1-6-2: DEBATE AND VOTING: A. The mayor as presiding officer may debate, but may not make, a motion or vote. The mayor pro tem as presiding officer or a temporary presiding officer may debate, vote as a regular council member, and retain all the powers of a council member. The presiding officer is subject to the limitations of debate that are imposed on all council members. B. The mayor pro tem or a temporary presiding officer shall be counted as a council member when determining whether a quorum exists. C. The mayor pro tem or temporary presiding officer shall affix his or her signature on documents that require the Mayor's signature. With regard to measures passed by the council, the mayor pro tem may sign the measure or may take no action as provided by Iowa Code § 380.6(3), in which case the measure becomes effective pursuant to said Section. However, the mayor pro tem or temporary presiding officer shall not have the power to veto a measure. In the event the mayor pro tem or temporary presiding officer takes no action on a measure and the mayor resumes his or her office within fourteen days of the measure's passage by the council, the mayor may sign or veto the measure within the fourteen -day period. 1-6-3: MOTION: A. No motion shall be put or debated unless seconded. When a motion is seconded, it shall be stated by the mayor before debate, and every motion shall be reduced to writing if required by the mayor or any councilperson. B. After a motion or resolution is stated by the mayor, it shall be deemed to be in possession of the council, but may be withdrawn at any time before decision; however, if any amendment has been proposed or adopted, the motion or resolution shall not be withdrawn without the consent of the mover of the amendment. C. If a question in debate contains several distinct propositions, any member may have the question divided when the sense admits of it, prior to the vote thereon. D. In all cases where a resolution or a motion is entered on the minutes of the council, the naive of the council member moving the resolution or motion shall also be entered. 1-6-4: ORDINANCE: A. The following procedure shall be followed for adopting an ordinance: 1. The ordinance must be reviewed by the city attorney or the city clerk, then be placed on a work session agenda for review by council. A draft of the ordinance shall be included in the council packet. Unless further discussion is required, the ordinance shall be placed on the next regular meeting agenda. DRAFT DATE - 5/31/2019 15 2. The title of each ordinance shall in all cases be read prior to its passage. A council member may make a motion to amend language in the ordinance prior to the adoption of the first reading. The city attorney or city clerk shall make a determination of whether the material language of the amendment is appropriate prior to council members taking a vote. Following approval of the first reading, council members shall not make motions to amend the proposed ordinance to make material changes to the language. Non - substantive edits such as corrections for spelling or punctuation errors shall be allowed. 3. If an ordinance fails at any stage of its adoption, the ordinance shall be considered defeated. 4. Traffic and zoning ordinance changes are not required to be placed on a work session for discussion prior to a vote on the regular agenda. B. In all cases of adoption, repeal or amendment of an ordinance, the ayes and nays shall be taken and entered on record, but a failure thus to enter them shall not invalidate the action of the council. In all other cases, if any member of the council requires it, and his motion is seconded, the ayes and nays on any question shall be taken and entered upon the minutes. 1-6-5: TIE VOTE: When a tie vote occurs, the motion fails. 1-6-6: ABSTENTIONS: All council members are required to vote on an item unless they have a direct interest, in which case, they shall abstain from voting. A direct interest could be a familial, business, or financial tie to an agenda item. Abstentions shall only be used in the case of a conflict of interest. An abstention declared for any reason other than a conflict of interest shall be recorded as a vote in the affirmative. 1-6-7: CONFLICT OF INTEREST: A. Any council member present at any meeting may disqualify themselves or abstain from voting in case of a conflict of interest, in which case the disqualification shall be publicly declared and a record made thereof. B. A conflict of interest shall be recorded in the minutes as an abstention and the vote shall be calculated based on the number of members not disqualified based on the conflict. 1-6-8: CONFLICT OF INTEREST PROTESTS: Council members seeking to disqualify a council member from participating in a decision based on a conflict of interest must raise the challenge as soon as the basis for disqualification is made known or reasonably should have been made known prior to the issuance of the decision. Appeals shall be made to the presiding officer who will then confer with the city attorney. DRAFT DATE - 5/31/2019 16 1-6-9: MOTION TO RECONSIDER: A. A motion may be reconsidered at any time during the same meeting of the council or at the first meeting held thereafter. A motion for reconsideration being once made and decided in the negative, shall not be renewed before the next meeting. A motion to reconsider must be made by a member who voted on the prevailing side, or by those who were absent and did not vote upon the motion to be reconsidered. The motion may be seconded by any council member. B. If a motion to reconsider is not made at the first meeting after the meeting at which the item failed, the item shall be considered defeated. C. A motion to reconsider cannot be made to an affirmative vote on a contract after the other party to the contract has been notified of the affirmative vote. 1-6-10: MOTION TO RESCIND: Council members may rescind any vote by a majority vote, provided notice of the motion has been given at the previous meeting. If notice was not provided at a previous meeting, a vote may be rescinded by a two-thirds vote. City staff may place a motion to rescind on the agenda when it is procedurally necessary to rescind a vote. 1-6-11: GENERAL RULES FOR PUBLIC PARTICIPATION: A. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. B. Comments must be germane and refrain from personal, impertinent, or slanderous remarks. C. Individuals are required to register when speaking during the public comment portion of the agenda but do not have to register to speak during public hearings or agenda items. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. 1-6-12: PUBLIC COMMENT: Individuals shall speak one (1) time on only one (1) issue for a maximum of two (2) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Council members shall not speak during this time. Individuals shall only speak on matters not listed on the regular, special, work session, or committee meeting agendas. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. DRAFT DATE - 5/31/2019 17 1-6-13: PUBLIC HEARINGS: Individuals may speak during public comment portion of the public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. 1-6-14: PUBLIC SPEAKING DURING AGENDA ITEMS: At the discretion of the presiding officer, individuals may speak when the council discusses agenda items for a maximum of three (3) minutes. This section does not apply to businesses or parties directly involved in agenda items. 1-6-15: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS: Violations of the rules for public participation listed in this chapter shall be addressed at the presiding officer's discretion. The chief of police or designee shall serve as the sergeant at arms for meetings of the council. The presiding officer may direct the sergeant at arms to eject anyone from the council meeting for disruptions of any kind. 1-6-16: PARLIAMENTARY RULES TO GOVERN: In all cases not provided for herein, the usual parliamentary rules which govern parliamentary bodies shall govern the city council, where they are applicable. ARTICLE A CONFIDENTIAL INFORMATION 1-6A-1: PURPOSE: 1-6A-2: SCOPE: 1-6A-3: INTERPRETATION: 1-6A-4: CONFIDENTIAL INFORMATION: 1-6A-5: CLOSED SESSIONS: 1-6A-6: VIOLATION: 1-6A-1: PURPOSE: The purpose of this article is to establish rules for elected officials concerning the dissemination of confidential information and emphasize their duty to protect the city from liability or financial loss by disseminating confidential information. 1-6A-2: SCOPE: Confidential information shall include but not be limited to the following: Information deemed confidential pursuant to Iowa Code § 22.5, information presented during closed session DRAFT DATE - 5/31/2019 18 meetings, and legal, personnel, property, and economic development matters. Questions regarding whether information should remain confidential should be referred to the city attorney, city clerk, or appropriate staff member. 1-6A-3: INTERPRETATION: This article shall not be construed to prohibit reporting bona fide violations of law or city policy to a proper authority or agency for investigation. 1-6A-4: CONFIDENTIAL INFORMATION: A. Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the city. An elected official shall not knowingly disclose information that they know or reasonably should know is confidential information, regardless of the source of the information, without legal authorization. If an issue arises as to whether information is confidential, the city attorney shall provide a legal opinion. B. An elected official shall not knowingly use or disclose any information gained in the course of or by reason of his or her official position, and which has not been made public, to advance his or her financial interests or to further the financial interests of any family member or business relationship. C. Elected officials shall not disseminate information concerning pending or threatened litigation to which the city is a party or threatened to be made a party, which could reasonably be interpreted as an admission of liability on behalf of the city or which a reasonable person would interpret as being prejudicial to the interests of the city, unless compelled to do so by law. 1-6A-5: CLOSED SESSIONS: Information discussed or to be discussed in closed session is confidential, must remain confidential, and is not to be discussed outside the closed session except during and after discussion of the information in an open meeting during regular session, special session, or work session of the city council. 1-6A-6: VIOLATION: A. Disclosing confidential information may have detrimental effects on the city including its finances and reputation, elected officials individually, staff members, and citizens. Elected officials are encouraged to ask questions and seek and heed the advice of city staff, insurance providers, and legal counsel when involved in matters that are confidential in nature. B. Complaints alleging violation of this article shall be reported in writing to the mayor, or if the mayor is involved, to the mayor pro tem. The complaint must include specific, detailed information to support the allegation. The complaint shall then be referred to the city attorney or appropriate staff member for investi gati on. DRAFT DATE - 5/31/2019 19 C. Violations of this article may include but are not limited to the following penalties: 1. Censure: Censure may apply and proceedings shall be conducted in accordance with article 1-6B of this code. Censure should only be exercised when members can objectively prove a violation of the policy has occurred and can ensure that further disclosure of confidential information will not take place as a byproduct of censuring an elected official. 2. Willful Misconduct: Any disclosure of confidential information made without proper legal authorization shall be considered as willful misconduct or maladministration in office as defined by Iowa Code § 66.1A. 3. Personal Liability: An elected official may be personally liable if acts in the performance of a duty are performed with malice or if willful, wanton and reckless misconduct is proven as defined by Iowa Code § 670.12. 4. Exclusion from Liability Coverage: Liability arising out of any criminal, dishonest, fraudulent, or malicious wrongful act, or any knowing violation of rights or laws, committed by an elected official or with the consent or knowledge of the elected official may be excluded from coverage under the city's liability insurance. ARTICLE B CENSURE OF ELECTED OFFICIALS 1-6B-1: PURPOSE: 1-6B-2: CENSURE DEFINED: 1-6B-3: COMPLAINT PROCEDURE: 1-6B-4: RESOLUTION AUTHORIZING INVESTIGATION: 1-6B-5: CENSURE INVESTIGATION COMMITTEE: 1-6B-6: CENSURE HEARING: 1-6B-1: PURPOSE: Elected officials may pursue formal action in the form of censure to deter violations of federal, state, or municipal law and serious violations of adopted city policies. 1-6B-2: CENSURE DEFINED: Censure is a formal resolution reprimanding a council member or the mayor for specified conduct, generally a violation of law or of city policy where the violation of policy is considered to be a serious offense. Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional. Censure carries no fine or suspension of the rights of the member or mayor as an elected official, but a censure is a punitive action that serves as a punishment for wrongdoing. 1-6B-3: COMPLAINT PROCEDURE: DRAFT DATE - 5/31/2019 20 A. Any two members of the city council may submit, in writing to the city clerk, a complaint and request for a censure hearing concerning an alleged violation of law or serious violation of city policies by another council member or the mayor. The complaint shall provide specific allegations and supporting evidence of specific conduct alleged to violate existing law or adopted city policies. The city clerk shall place this matter on the agenda for the next available regular city council meeting. B. A copy of the complaint and request for censure shall be provided to the accused elected official as soon as possible following receipt, but not less than 24 hours prior to the regular council meeting at which the complaint and request for an investigation will be considered. 1-6B-4: RESOLUTION AUTHORIZING INVESTIGATION: At the council meeting in which the investigation will be considered, the council members who did not submit the complaint and the council members who are not the subject of the censure complaint may, by resolution, direct the censure to proceed by forming a censure investigation committee to investigate the allegation. Only council members who are not the subject of the complaint shall vote. the resolution must receive a unanimous vote of the remaining members of council. 1-6B-5: CENSURE INVESTIGATION COMMITTEE: A. If the resolution passes a censure investigation committee shall be appointed to review the complaint as set forth in this article. The mayor shall appoint council members to the committee and shall serve on the committee, but if the mayor submitted the complaint or is the subject of the complaint, the mayor pro tem shall serve on the committee and appoint its members. If both the mayor and the mayor pro tem have submitted the complaint or are the subjects of the complaint, the council member with the longest tenure, and who is not the subject of the complaint, shall serve on the committee and appoint members to the committee. Council members who submitted the complaint or are the subject of the complaint shall not serve on the censure investigation committee. No more than three council members shall serve on the committee. B. The censure investigation committee shall review the allegations of the complaint, conduct an investigation into the allegations of the complaint, and prepare a report and recommendation on the complaint to the full city council. C. The city clerk shall be assigned to post public meeting notices of the committee and take minutes of each meeting. Minutes of the committee shall be included as part of the report listed in subsection E. The city attorney shall be assigned to assist the committee with the investigation as may be necessary and ensure due process with the proceedings. D. The censure investigation committee may be staffed by other employees as may be necessary to assist in its investigation and report to the council. DRAFT DATE - 5/31/2019 21 E. Upon completion of its review of the complaint and any investigation, the committee shall determine if, considering all the facts and evidence, there are reasonable grounds that the alleged violation of law or serious violation of adopted City policy occurred. The censure investigation committee shall make a written report to the council stating the specific law or policy alleged to have been violated, and summarizing the complaint, evidence, and the results of any additional investigation. The censure investigation committee shall also make a recommendation to the council that the complaint is supported by sufficient evidence of a violation of law or serious violation of adopted city policy to warrant a censure hearing, or, alternatively, that the complaint is not supported by sufficient evidence of a violation of law or serious violation of adopted city policy to warrant a council censure hearing. F. If the censure investigation committee determines the allegations are supported and a censure hearing is warranted, the committee shall direct the city clerk to forward its report and recommendation to the entire city council and set the matter for a public censure hearing before the council. If the censure investigation committee concludes that the allegations are not supported and a censure hearing is not warranted, the censure investigation committee shall direct the city clerk to forward the committee's report and recommendation to the entire council, and no further action on the complaint will be taken. 1-6B-6: CENSURE HEARING: A. The city council shall pass a resolution setting the date of the censure hearing and place on file the report and recommendation of the censure investigation committee. The censure hearing must occur at least thirty days after the date the hearing is set. B. The elected official subject to the censure is entitled to due process of law. This requires notice be served not less than fifteen days prior to the date of the hearing. C. At the hearing, the person that is the subject of the complaint shall be given an opportunity to be heard and present evidence to refute the allegations. D. A city council decision to censure must be adopted by resolution. The resolution must list the findings, based on substantial evidence, that the person accused has engaged in conduct that constitutes a violation of law or a serious violation of an adopted city policy. The resolution must be affirmed by at least five affirmative votes of the council. The accused council member or mayor shall not participate in deliberations after the public hearing is closed or in any vote by the city council on the proposed censure. CHAPTER 1 CITY COUNCIL. 1 ,4,1: MEETINGS: 1 4 3: RULES OF ORDER: DRAFT DATE - 5/31/2019 22 1 4 1: MEETINGS: be held on the first, second, third and fourth Mondays of eat' inediththe lei e ambers in the city hall at five-tlek ' (5:30) P.M., or a fitrnt to subsection C of this section; however, when a meeting date falls on a day designated by the city held on the following evening-iiit-five-k- 'clock tn�lccr plac-e-o-ther-than rim "fin—e ncil chambers at proper. B. Special three (3) councilpersons, by serving a written notice of the special meeting on each of th copy thereof at his usual place of residence. r ,f e„-._e the written notice of the meetint designa ty council may deem 'til esolution. otice of such change of meeting e-given to the 2encra . (Rev. Ord. 1117, Comp. 1911, p. C 6; amd. Ord. 2721, 12-9 1971; Ord. 3021, 5 11 1979; Ord. 1413, 1 17 2000) 1 4 2: CONDUCT OF MEETINGS: tuber of fain eed; :hal bbe necessary to constitute-a-q the attendance-ef-members. fficcr: The mayor shall be the presiding officer of the city council, with 1 '1 3: RULES OF ORDER: g he city coUrieik meetings; amendment and approval of same. 2. Presentation rsa--Frccicroia-s-aarcx-c7crrca-c`c�`rrrrrz'cr'"aaic=iccic�a=a:i: reers. 4. Reports of standing committees. DRAFT DATE - 5/31/2019 23 6. Unfinished business of the preceding meeting. 7. Ordinances, resolutions and payment of bills. 8. New and miscellaneous ltusiness. A question relating to tl' debate. B. Decorum: While the mayor is putting the quest 1. Addr address himself- lI I nediately cease speak' appeal., the decision o r, the city cou ithout than once in s ny case, until each ave spoken. 5. Interrupting Speakers: While a member is speaking, no member shall hold any private discourse, nor pass bet v and the chair. D. Motions: at any ti a end _ ent. DRAFT DATE - 5/31/2019 he Question No motion shall be put or debated unless secor 24 'thin One Question: 1 ' n debate contains several distinct propositions, an member may have the question divided when the ; ense admits of it, ;�rrn� 4 ,-ten me thereon 5. I lotions Appropriate During -, the only motions in order sh.- definitely, (5) To adjourn to a day certain der arranged in subsection D5a of cided witho While the ayes and nays are being called. hire voting. rnment vas the last precedi y he and is open. to debate. delay. Table: A motion t 9 � ment and debate. DRAFT DATE - 5/31/2019 tely, it shal 25 gall take precedence of a similar m - a. A motion t amendment t mittcc. amendment relating to a different subject shall not be in order. c. On a motion to strike out and insert; znen-Pa,.1t-be and finally -the parag 1. Votin-On Question: Each member of the city council who shall be present when a -i-n-t e—€ Hes not excuse )rded in the negative. 2. Vote On Ordi 7 + a a t ,+ f,.7 +r + 4Hondfrays S- a e tafi�,iz--ecarcx-cirrc�:i-acx--via-rcci-rrczy �-rcr�a-zcrrarc-car,;ri--ci'r-c�iit ?rl.Z+ .,.,.,.,�,ra„+ , +�;e_.t cases, if any member of the kris motion is seconded, the ayes and nays on any question `. i r r be +„e+, inf on tefec , the inutes. 1. A motion may be reconsidered at any time during the same meeting of the city council- or at the first meeting held. thereafter. '\ motion for reconsideration decided in the negative, sht absent and did not vote upon the motion to be e temporarily suspended by -e-fo-uFt4 { ,L4) of the t mb r - c.rt t shall not be Tess by concurrent vote of two-thirds (/4` of a" the persons elected. 4 -PftTi niwi _Oov-ff : r., 4 e n+ . idae F w t, e ;n, the usual parliamentary rules which govern parliamentary , DRAFT DATE - 5/31/2019 26 1 4 4: COMMITTEES OF THE COUNCIL: -rty council, hich shall. be so named, and havesaeh-f+aletionseesignate: Committee on finance and purchasing Committee on public safety Committe Committee on public >.uildi-ngs and grounds cviaairassieF}s Committee on ordinances (1970 Code § 2 60) 4:-NmcTaarcrracarc-��rrresrac�cr-sy c� ararr"�-rn-iaarccrar�-c�ri-rmlttf;es (7t the city " crr^„""" " c.--vacj-ra- Traua-a-oc specially directed by the city council. The first person named on each committee shz�' zhe F".: -Gee§ t1�E 3} er .ouncil, at the disefetieettIthe-ne-el+airp-e+sen7e4Itlie committee shall. have the power to make a teilipera-appeintment of any available member of committee member or to"za�a-a "v`�Uc:c,Tcy. Ar c 1tc�t;n4�a� of a committee-}' to act as a substitute committee member, with full voting rights, during the absence of a regular m �a�arab er ding a vacancy on the committee, and any person-api+e+Pt:ed-erg z~t-temporary basis by a comr ttee chairperson. shall he aeting at which- he 78, 12 7 2009) the city council. E. Discharge Of Special. Committees Upon. Final Report: On the• ity council, the committee shall be cons- > ''.,'•, r'�r ;+�rr cny-cork shall. forward all the papers to the appropriate committees of the city council and off (Rev. Ord. 1117,eimp-49 ) DRAFT DATE - 5/31/2019 27 CHAPTER 57 MUNICIPAL OFFICIALS 1-7-1: OFFICES CREATED: 1-7-1-2: COMPENSATION: 1-57-23: SURETY BONDS: 1-7-4: OATH: 1-7-1: OFFICES CREATED: The offices of the municipal officials set forth in this chapter are hereby created within the city as part of the municipal governmental structure of said city. Official powers and duties set forth in this chapter shall be general in nature with further responsibilities set forth by federal or state law, this code, city policy, or as may be directed by the city council or mayor. 1-5742: COMPENSATION: Each officer or employee of the city shall receive such compensation for his their services as the city council may establish from time to time by ordinance or resolution. (1970 Code, § 2-5) 1-57-23: SURETY BONDS: All city officers and employees shall be covered by a surety bond running to the city. (1970 Code, § 2-6) 1-7-4: OATH: Prior to undertaking the duties of the office, all appointed municipal officials listed in this chapter shall take an oath to support the constitution of the United States, the constitution of the State of Iowa, and to the best of the person's ability, faithfully and impartially perform the duties of the office. ARTICLE A. CITY CLERK 1_71-5A-1: APPOINTMENT; QUALIFICATIONS: 1 5A 1-71-5A-2: DUTIES AND RESPONSIBILITIES: 1-71 5A-43: REPORTS: 1-71 5A-4: FEES OF OFFICE: 1-7A-5: DEPUTY CITY CLERK: 1-71 5A-1: APPOINTMENT; QUALIFICATIONS: The city clerk shall be appointed by the city council at its first meeting in the and shall, within ten (10) days from such appointment, qualify DRAFT DATE - 5/31/2019 28 as provided by law, and file a bond ` with sureties to be approved by the city council. Said appointment shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. (Rev. Ord. 1513, Comp. 1941, p. C-13; amd. 2001 Code) The city clerk may, with tht approval of the ci <»F �G I,os F 9U sba 1513,Comp. 1911, p. C 13) 1-71 5A-32: DUTIES AND RESPONSIBILITIES: The city clerk shall perfbrm the following duties: A. General Duties: Attend every meeting of the city council, and furnish the mayor with an and take minutes of said meetings; issue all notices of regular and special elections required to be given by law or in pursuance of any provision of this code, or other city ordinance or resolution of the city council, issue all notices of special meetings of the city council when called, as provided by law; and notify all committees of of the business referred to them-; maintain and safeguard records of the city and keep records in the manner and duration required by law; administer the city risk management program, procure liability insurance for the city, and set liability limits as may be advisable and necessary to prevent unnecessary risk to the city;' exit e4 k sly direct and coordinate the activities of the employees of the city clerk's office; perform such other duties as may be required by the laws of the state, or such duties as may be required by this code or other city ordinances or policies, or as may be required by the mayor or city council. nts drawn, s- , °ng the nu: rant, the payee's nr GB. Certification of Assessments: Certify to the county auditor, as provided by law, all assessments and taxes of every kind and nature levied by the city council which are required to be so certified. DC. Records: 1. Deeds and Contracts: Keep a book of deeds correct -original copies of all deeds and contracts executed by thereon the city, and 2. Licenses, Permits, and Petitions: Keep a register of all licenses and permits granted by the city for a period in accordance with state law, this code, or city policy, noting the date when issued, the person to whom issued and the date of expiration of the license or DRAFT DATE - 5/31/2019 29 permit, and shall also file and preserve in his the city clerk's office all petitions, remonstrances and other papers presented to the city council. ED. Purchases: Procure all necessary books and saterials for the use of the city council -and city officers. (Rev. Ord. 1513, Comp. 1941, p. C-13) 1-71 5A-43: REPORTS: The city clerk shall report upon any of the matters connected with his their office whenever called upon by the city council to do so; keep r all returns of assessments, and the election and appointment of city officers, and shall as soon as practicable after each meeting of the city council, prepare an abstractminutes of the business transacted and a correct copy of all resolutions and ordinances adopted, and deliver them ordinances to the official newspaper for publication, and shall not allow any papers or documents to be taken from his their office without the consent of the city council. (Rev. Ord. 1513, Comp. 1941, p. C-13; amd. 2001 Code) 1-71 5A-4: FEES OF OFFICE: For attested certificates and transcripts other than those ordered by the city council, the city clerk shall charge the same fees as are allowed to county officers for like services; and he shall keep a record of such fees and turn the same into the general fund. (Rev. Ord. 1513, Comp. 1941, p. C- 13) 1-7A-5: DEPUTY CITY CLERK: The city clerk may, with the approval of the city council, appoint a deputy city clerk who shall perform the duties of the city clerk during the absence or disability of the city clerk. (Rev. Ord. 1513, Comp. 1941, p. C-13) ARTICLE B. CITY ATTORNEY 1-7 B-1: APPOINTMENT; QUALIFICATIONS: 1- 7B-2: DUTIES AND RESPONSIBILITIES: 1-7 B-1: APPOINTMENT; QUALIFICATIONS: A city attorney may shall be appointed by the city council, and shall within ten (10) days after said appointment qualify as provided by law. Said appointment shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. (Rev. Ord. 1195, Comp. 1941, p. S-16; amd. 2001 Code) 1-7aB-2: DUTIES AND RESPONSIBILITIES: A. Litigation; Collection Of of Judgments; Disposition Of of Funds: It shall be the duty of the city attorney to prosecute all suits for the recovery of fines and penalties which may be brought DRAFT DATE - 5/31/2019 30 in any court on behalf of the city, and also to institute and defend all suits which may be brought in any court by or against the city, or any of its officers, on account of any of their official acts. The city attorney shall cause executions to be issued on judgments which may be recovered and attend to their prompt collection. All money received by him on account of the city shall be paid into the city treaurygeneral fund. B. Advising City Officials; Preparation Of of Documents: It shall be the duty of the city attorney to act as legal advisor to the city council, its committees and all city officers, on such questions as may arise in relation to the business of the city and, when required by the city council, he -shall give h -an opinion in writing. The city attorney shall, when so required by the city council, draft all bonds, contracts, leases, conveyances, ordinances and other instruments in writing, and he shall perform all other services in the line of his an attorney's profession connected with the business of the city not enumerated in this article, and he shall, in all cases, be subject to the direction of the city council. C. Conformance Of of City Ordinances With State Laws: Upon or before January 1, after the adjournment of any general assembly, the city attorney shall prepare and present to the city council for passage such ordinances as may be required to amend existing ordinances or to repeal existing ordinances on account of laws enacted by the general assembly, or such ordinances as may be necessary or which the city attorney shall think proper in view of the laws enacted by the general assembly amending existing statutes or creating new statutes applicable to the city. (Rev. Ord. 1195, Comp. 1941, p. S-16; amd. 2001 Code) D. Additional Duties: The city attorney shall be responsible for code enforcement, and code enforcement officers, which are not specifically placed under the management of the building inspection department pursuant to sections 1-6D-1, 1-6D-2 and 1-6D-3 of this title. The city attorney shall direct and coordinate the activities of the employees of the legal department and code enforcement. The city attorney shall also perform such other duties as shall be required by the laws of the state, or such as may be required by this code, other ordinances of the city or city policies, or as may be required by the mayor or city council. (Ord. 5319, 11-23-2015) ARTICLE C. 1-71 5C-21: 1-71-5C-32: �.,4: COMPEM CHIEF FINANCIAL OFFICER APPOINTMENT AND MANAGEMENT: DUTIES AND RESPONSIBILITIES: ith the app °thin the city, and as a part of the unicipal governmental structu finance director. The finance d DRAFT DATE - 5/31/2019 31 1-71 5C-21: 111 TWINS; NS; B N APPOINTMENT AND MANAGEMENT: The mayor shall appoint the chief financial officer. Said appointment is subject to the approval of the city council and shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The chief financial officer shall be immediately responsible to the mayor for the effective administration of the finance department and all activities assigned thereto.A;Qualificati hensive and detailed knowledge of the ters so as to faith: 11 'I 1971) e of and budgetary policy. 1-71 SC-32: IDUTIES AND RESPONSIBILITIES: A. The chief financial officer shall: Ensure the city's financial assets are protected through the implementation of sound financial policies and procedures; compile records containing meaningful financial data; advise department heads, mayor, and city council in the review of revenue and expenditure estimates and in the preparation ad control of the budget; provide the mayor with timely and informative financial reports and statements; generally supervise all financial matters for the city; serve as the treasurer of the City of Waterloo; direct and coordinate the activities of the employees of the finance department; perform other duties as may be required by the laws of the state, or as may be required by other city ordinances or policies.The finance diich accounting syster 'the employees of and control of the budget; provide the mayor with timely and informative financial reports and statements, and generally supervise all financial matters forthe city and shall perform such other article or other city ordi conferences with the mayor and city council and by indc rat post audits. (Ord, 2703, 11 '4 The salary to be paid to the finan�®' resolution of the city council. (Ord. 27()3, 11 4 1974) DRAFT DATE - 5/31/2019 d by proper and appropriat 32 4-5B-:APPOINTMENT; QUALIFICATIONS: 1 5B 2: DUTIES AND RESPONSIBILITIES: appoint the-e-ity- Before entering upon the discharge of h-' l qualify as provided by law and file in the office of , s--i1 may specify in the resolution. (Rev. Ord. 1207, Comp. 19'l1, p. T 9) A. City Funds: The city treasurer shall: . C : C iicct, re ci e and safely keep all money due or belonging to the city d for any su , be det e~ed .o +he person from whom t transmitted to the city cler _c. The ci et accounts with each fund of all receipts into, and disbursements from, the city treasury. 2. Deposits: De_ osit city funds in approved depositories, in cor 3. Waterworks Funds: Kccp all monies deposited with him by the board of water 1s eii .etea fe„ . +a on account of the waterworks, in a separate and distinct fund, and such monies shall be paid out by hien grader f�.�te�-P�,rst� B. Orders and Warrants: ith the statutes amount otthe same, to whom payable, on what fund drawn, when presented and shall return a . signed by the city cler ef-t� ahellders so drawn an disbur: b. If, on c payable, the city treasurer shall :1 of -fonds", and thereafter such warrants shall bear interest at the rate of six pefee t (6%) per annum, except waof the city council or bear i„'erest; the city treasurer shall., if required, endorse on such order or warrant n-d-1 - of them. DRAFT DATE - 5/31/2019 33 ance di order of their presentation, from the particular fund upon which they are drawn, and when ' fund, the city treasurer shall call in warrants to the k „h ity council may direct. The city treasurer shall give i ten notice thereof in the mayor's office and in the city treasurer's office, and yy publishing notice of sue# ei -i-nwnewspaper, which notices shall state that at the expiration C. Additional Duties: The city treasurer .. the laws of the state, or as may be required by this code or oth Comp. _1-94-1 -p:-T 9; amd. 2 ,ARTICLE C. FINANCE DIRECTOR 1 5C 1: OFFICE CREATED; APPOINTMENT: 1 5C 2: QUALIFICATIONS; BON -Di 1 5C 1: OFFICE CREATED; APPOINTMENT: There is hereloy created within-the- q i-Fed- by al structure of a-Yofti rl f+f and the termination of the appoi - ` ,, 11 4-19711) T-SC �. nrT A T rFI A rrr(-rc c. urti�.n7 A. Qualifications: Any pen article, shall financial reports, and to perform fiscal planning and other budgetary matters so as to advise the as provided by law and file a -bond in the sum of ten thousand dollars ($10,000.00) for the --, • , . • , i a the city council. (Ord. 2703, 11 4 1974) 1-5C 3: DUTIES: The finance director shall accounting system should include preaudits and other fin, fdinatethe act:•,ities of th.e employees of his departure DRAFT DATE - 5/31/2019 34 he review of revenue and expenditure estimates and in the preparation and control of the budget; provide the mayo statements, and generally supervise all final l matters forthe city and shall perform such other 1971) ENSATION: The salary to be paid to the resolution of the city cou CHAPTER 68 MUNICIPAL DIVISIONS AND DEPARTMENTS 1-8-1: OFFICES CREATED: 1-8-2: APPOINTMENT; MANAGEMENT AND SUPERVISION: 1-8-3: DESIGNEE IN ABSENCE OF DIRECTOR: 1-8-1: OFFICES CREATED: Municipal divisions and departments, as set forth in this chapter, are hereby created within the city as a part of the municipal governmental structure of the City of Waterloo. Departmental powers and duties set forth in this chapter shall be general in nature with further responsibilities set forth by federal or state law, city policy, or as may be directed by the mayor. Changes to divisions or departments listed within this chapter that affect the municipal government structure shall be made by ordinance. 1-8-2: APPOINTMENT; MANAGEMENT AND SUPERVISION: A. A division manager or the department head of a city department not included in a division shall be appointed by the mayor and shall be directly responsible to the mayor. Said appointment is subject to the approval of the city council and shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The division manager or department head shall be responsible for overseeing the administration of their division or department and shall direct and coordinate the activities of the employees of their department or division. B. The department head of a department included in a division shall be appointed by the division manager and shall be directly responsible to the division manager. Said appointment is subject to the approval of the city council and shall be in accordance with all city policies and procedures regarding recruitment, selection, and appointment of employees. The department head shall be responsible for overseeing the administration of their department with direction from the division manager and shall direct and coordinate the activities of the employees of their department. DRAFT DATE - 5/31/2019 35 1-8-3: DESIGNEE IN ABSENCE OF DIRECTOR: Whenever a division manager or department head may be out of the city or temporarily unable to act, they may appoint a temporary designee or designees, with consent of the mayor, to execute the duties of said division or department. In the event of an extended or permanent absence, the mayor shall appoint an interim director to assume all the powers and duties of that position. ARTICLE A. DIVISION OF ARTS AND LEISURE 1-8A-1: DEPARTMENT POWERS AND DUTIES: 1-8A-1: DEPARTMENT POWERS AND DUTIES: The following departments shall constitute the division of arts and leisure and the powers and duties of each department shall be as follows: A. Cultural and Arts Department: The cultural and arts department shall serve the community by ensuring quality cultural and educational opportunities for all citizens by offering a full range of programs that include but are not limited to exhibits, educational/interpretive programs, care and display a permanent art collection, special events, and a volunteer program. B. Leisure Services Department: The leisure services department shall provide for the development, operation, maintenance, and protection of parks, recreational trails, open spaces, natural areas, outdoor recreation facilities, and riverfront areas; the development care and protection of the urban forest; landscaping and vegetation management on public right of ways, flood control systems and miscellaneous public properties; maintenance of downtown area public properties and facilities; administration and management of the Cedar Valley SportsPlex and Young Arena; administration, management, development, operation, and maintenance of municipal golf courses; development and administration of public recreational, educational, and aquatic programming. ARTICLE B. DIVISION OF COMMUNITY PLANNING AND DEVELOPMENT 1-8B-1: DEPARTMENT POWERS AND DUTIES: 1-8B-1: DEPARTMENT POWERS AND DUTIES: The following departments shall constitute the division of community planning and development and the powers and duties of each department shall be as follows: A. Building Department: To promulgate orders, rules and regulations for the conduct and guidance of the members of the building inspection, permits and maintenance department within the parameters of city policy; to enforce the uniform building code, uniform plumbing code, uniform mechanical code and national electrical code in the form adopted by the city council, as they relate to construction activity within the city; to coordinate enforcement activities with the DRAFT DATE - 5/31/2019 36 fire department and other city departments for all construction affected by the housing code, life safety code and minimum housing quality standards. B. Building Maintenance: Provide maintenance on all city owned or operated buildings; develop a reporting and maintenance system that will outline the condition and status of all major building systems or components (i.e., roof, heating and air conditioning); establish and keep on record a five (5) year building maintenance/capital improvement program with yearly updates; establish and administer the operating maintenance budget for presentation to city council; work with Waterloo leisure service to assist in coordinating maintenance and repair of swimming pools, bathhouses, pump houses, park restrooms and golf course buildings; work with the airport director to coordinate maintenance on the airport terminals and support hangers as it relates to building operation. C. Community Development Department: The community development department is responsible for the orderly development of the community through the systematic development of a comprehensive plan and implementation program. The department shall actively promote the development and redevelopment of the city in order to provide the most conducive environment to live, work, pursue business opportunity, plan, and raise a family, while remaining cognizant of the fiscal development, and redevelopment of properties within the city and day-to- day administration of municipal ordinances. D. Engineering: The engineering department shall prepare plans, specifications, cost estimates, and other required documents for construction of public works improvements and supervise the construction of such improvements., direct, review, and coordinate the work of consultants contracted by the city for public works improvements; survey streets, alleys, avenues, public squares and other surveys; establish street grades; plan for both short and long range public improvements; compile accurate records of all surveys, levels, grades, field notes, maps, plans, profiles, papers, books, writings and records; review all proposed subdivisions and commercial development; coordinate the design, inspection, and construction of road and street projects with the state, federal and local government authorities; issue permits in public rights of way, including, but not limited to, sidewalks, driveways, excavations, moving buildings and oversize and/or overweight loads; administer, inspect, and coordinate the improvements to all public sidewalks through a sidewalk inspection and repair program; maintain the city's pavement management system; inspect and maintain the city's flood control facilities; direct and coordinate activities during flood emergencies and other natural disasters. The engineering department shall provide to the extent possible engineering, mapping, inspecting, surveying, and drafting services to all other city departments. The engineering department shall administer the storm water management program for the City of Waterloo. E. Housing Authority: The housing authority department shall be responsible the management and maintenance of Ridgeway Towers, including abiding by all federal regulations on occupancy, fair housing grievance procedures and termination of tenancy; administration of tenant based Section 8 Housing Choice Voucher Homeownership Program in accordance with the Department of Housing and Urban Development; assist with housing construction; Administration of Family Self -Sufficiency program and Down Payment Assistance program. DRAFT DATE - 5/31/2019 37 F. Planning, Programming, and Zoning Department: The planning, programming, and zoning department is responsible for the orderly development of the community through the systematic development of a comprehensive plan and implementation program. The department shall actively promote the development and redevelopment of the city in order to provide the most conducive environment to live, work, pursue business opportunity, plan, and raise a family, while remaining cognizant of the fiscal development, and redevelopment of properties within the city and day-to-day administration of municipal ordinances. ARTICLE C. DIVISION OF PUBLIC WORKS 1-8C-1: DEPARTMENT POWERS AND DUTIES: 1-8C-1: DEPARTMENT POWERS AND DUTIES: The following departments shall constitute the Public Works Division and the powers and duties of each department shall be as follows: A. Animal Control: The animal control department shall enforce ordinances and policies associated with animal care and safety. B. Central Garage Department: The central garage department shall provide maintenance and repair services for city equipment and vehicles. C. Sanitation Department: The sanitation department shall provide curbside bulk item collection and disposal; perform collection and disposal as ordered by code enforcement and court orders for nuisance properties; provide curbside collection and disposal of yard waste and recycling, and maintain satellite drop sites for recycle collection. D. Street Department: The street department shall carry out the crack sealing of reconstructed and overlaid streets; maintain streets in a safe and serviceable condition through preventative maintenance procedures and various patching methods; carry out street sweeping and snow removal. E. Traffic Operations: The traffic operations department shall install and maintain traffic signals, controllers, street lights, early warning sirens and other related equipment; fabricate and or procure, install, and maintain all traffic signalized intersections, city owned street lights, street signs and painting of street and parking lots within the city limits; educate the public on traffic safety issues. F. Waste Management: The waste management department shall operate and maintain the city's sanitary sewage lift stations, collection system and treatment facilities; implement the Industrial Pretreatment Program as mandated by Federal law; administer the Capacity Maintenance Operations Management program and Fats Oils and Grease Program; dispose of sludge bio solids; operate and maintain the city's storm water lift stations, collection systems, and flood control systems as mandated by the United States Corps of Engineers and Federal law. DRAFT DATE - 5/31/2019 38 1 6F 1: DEPARTMENT CREATED: 1 6F 3: DIRECTOR OF SAFETY SERVICES: 1 6F 1: DEPARTMENT CREATED: d. 5021, 1 10 2-044) 1 6F 2: !DEPARTMENTAL POWERS AND DUTIES: y ° - . , tment awl he fire •t or police department by this code, which is not required by the lowa Code to ie , 1 6F 3: DIRECTOR OF SAFETY SERVICES: approval of the city council and shall. be directly r the mayor. Such ap ointment ccordance with all city-pel4cies and procedures regarding recruitment, selection and rector of safety services shall be out ess or any other reason (including those periods of irector of safety services), the di ,services or the mayor shall. appoint a designee who shall have and exercisehe duties of the director of safety services. vision and Duties: The director of safety serviced shall supervise, direct, and manage the department of safety services. The di 1. a. Subject to subsection C ld of this section, appoint an assistant dirtctor of safety ations of the police department. Subject to subsection • he chief of po14ee for - assigning duties exclusively to the police chief; b. Subject to subsection Cid of this section, appoint an assistant director of �afe-y services fire to manage the operations of the fire dew - - •eet4e & seetir ri L t th seetioaa;-said assistant director may, if so appointed, also be ,+ion of itie e €8 e cg gties exclusively to the fire chief; DRAFT DATE - 5/31/2019 39 he assistant director positions described above, the lists as required by Iowa Code section 400.13; e fire chief pursuant to subsection E of th.i.s section, the director of sa: shall not be required to appo he o She c hief. If the director does choose to appoint aw assistant di delegated by order of the director of safety services. ief-nor shall his servie . : . . fcty services fire. 3. Provided the director of safety services is also appointed either police chief or fire currently assigned that position under this code and the code of Iowa. D. Limitation on Authority: The director of safety services, if not serving as chief of a department, shall have no he Iowa Code to the -positions of police chief or fire chief or reassign any such duties to the position of director of safety services. Such actions include, but arc not this chapter to the extent they are required by chapter 80D of the Iowa Code, section of this code - e n.d section of this chapter to the 102.2, and 102.3. E. Appointment .+ the director cif= the assistant directors of safety services as either :olice chief or fire chief, the mayor, with approN al of the city council, may appoint the director e • . • dice of police ty services, provided the individual -is -otherwise qualified to hc'1-sum rd, s t Tyra C�� e h polio i rd fi e ch;e+• a+ the „ tire l .-Q- pointed from the chiefs civil. servic Y ARTICLE D. AIRPORT 1-8D-1: DEPARTMENT POWERS AND DUTIES: 1-8D-1: DEPARTMENT POWERS AND DUTIES: DRAFT DATE - 5/31/2019 40 The Waterloo Regional Airport shall build and maintain infrastructure to allow for safe airport operations for commercial, corporate, general aviation, recreational, and military aircraft operators, and for the benefit of residents of the Cedar Valley. ARTICLE E. FIRE RESCUE 1-8E-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY: 1-8E-2: DEPARTMENT POWERS AND DUTIES: 1-6E-3: EXTRATERRITORIAL ASSISTANCE: 1-8E-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY: A. Appointment: The fire chiefs appointment shall extend from the date of appointment until December 31 of the following odd numbered year, unless the day of appointment is made during an odd numbered year, in which event the appointment shall only extend until December 31 of that same year. Nothing herein contained shall prevent the removal of and the termination of the appointment of the chief as provided by law. B. Authority TO Order Removal OF Buildings: To order the removal of any building or property that he may deem necessary for the purpose of checking or stopping the progress of fire in the city. C. Prescribe Limits Where Entry Is Prohibited: Prescribe limits in the vicinity of any fire within which no person, except those who reside therein, shall be permitted to enter. D. FIRE ARSON INVESTIGATOR: The fire chief shall appoint the fire arson investigator to perform all of the duties and responsibilities of investigating the cause, origin, and circumstances of fires as set forth in this code. The fire arson investigator shall be a peace officer as set forth in Iowa law and said investigator shall have all the powers, duties and responsibilities attendant to the function of a peace officer, which shall include, but not be limited to, the power of arrest. (Ord. 4244, 8-4-1997) 1-8E-2: DEPARTMENT POWERS AND DUTIES: A. Police Authority: All members of the fire department shall have and exercise all the powers of police officers at the scene of a fire. B. Presence for Duty: The members of the fire department shall remain in the quarters provided for them by the city, day and night, when not necessarily in other parts of the city attending to their duties prescribed by this article, or by the rules and regulations of the fire department, and no officer or member of the fire department shall be absent from duty at any time of day or night without permission from the chief of the fire department or person acting as such, and the procurement of a satisfactory substitute to act when absent. DRAFT DATE - 5/31/2019 41 C. Command at Fire Scene: It shall be the duty of the first officer of the fire department at a fire in the city to take charge thereof until a superior officer shall arrive, and for such purpose he shall have all the powers of the chief of the fire department. D. Authority to Summon Assistance: If he deems it necessary, to summon any or all persons able to perform labor, including operators of vehicles for hire, to aid in the extinguishment of fires or removing property in danger thereof, and in guarding the property, and any person refusing to obey such summons shall be guilty of an offense. E. Inspect Fire Hazards: After careful inquiry and investigations, immediately notify, in writing, the owner or occupants of any building in the city where there are any defective chimneys, smoke pipes or flues, or where there are any fires or inflammable materials not sufficiently secured and guarded, used or kept in, or in connection with, any such building, to forthwith repair, remove, change or secure the same, as the case may require. F. Ambulatory, Hazardous Materials, and Rescue Services: The department is authorized to provide ambulatory, hazardous materials, and rescue services. G. Records: Provide the record keeping and reporting systems necessary to assure proper maintenance and repair of fire department buildings, facilities, apparatuses and equipment; provide record keeping and reporting systems for all fire, fire inspection, ambulatory, hazardous materials, and rescue services calls. 1-8E-3: EXTRATERRITORIAL ASSISTANCE: A. The fire department of the city is hereby authorized to answer calls for firefighting or other emergency assistance outside the limits of the city, but within the county, at the discretion of the chief of the fire department or a duly authorized assistant acting if the fire chief is absent. B. The fire department of the city is further authorized to respond to calls for firefighting or other emergency assistance outside the limits of the city, but within the state, when requested by the mayor or the chief of the fire department of any city or town having an organized fire department, at the discretion of the fire chief of the city fire department, or a duly authorized assistant acting during the absence of the chief of the fire department. C. When the firefighters or equipment of the city are engaged in rendering assistance pursuant to this subsection, they shall be considered to be within their jurisdiction, and the city shall have the same governmental immunity when responding to such calls as when operating within the city. fRev. Ord. 1146, Comp. 1941, p. F-3; amd. Rev. Ord. 1813, Comp. 1941, p. F-5a) ARTICLE F. HUMAN RESOURCES 1-8F-1: DEPARTMENT POWERS AND DUTIES: 1-8F-1: DEPARTMENT POWERS AND DUTIES: DRAFT DATE - 5/31/2019 42 The human resources department shall provide the mayor, city council, and all city departments coordinated and centralized human resources services including the following: payroll processing; labor relations, including contract negotiations; administration of collective bargaining agreements and grievance resolution; employment including recruitment, selection and hiring; compliance with State and City Civil Service and MFPRSI regulations; salary and benefits administration; workers' compensation and insurance, Department of Transportation drug and alcohol testing, public employment and collective bargaining and other human resource related Federal and State regulations. ARTICLE G. HUMAN RIGHTS COMMISSION 1-8G-1: DEPARTMENT POWERS AND DUTIES: 1-8G-1: DEPARTMENT POWERS AND DUTIES: The human rights commission is hereby created and established, as provided by Iowa Code section 216.19 and Title 5, Chapter 3 of this code. ARTICLE H. LIBRARY 1-8H-1: DEPARTMENT POWERS AND DUTIES: 1-8H-1: DEPARTMENT POWERS AND DUTIES: The library shall provide free access to library services in the City of Waterloo, in accordance with Title 7 Chapter 7 of this code the Library Ordinance. The board of trustees has the right to adopt, amend, modify, or repeal policies and rules that apply to the library and the business of the board. ARTICLE I. POLICE DEPARTMENT 1-8I-1: POLICE CHIEF APPOINTMENT TERM AND AUTHORITY: 1-8I-2: DEPARTMENT POWERS AND DUTIES: 1-8I-3: RESERVE UNIT: 1-8I-1: POLICE CHIEF APPOINTMENT TERM AND AUTHORITY: The chief of the police's appointment shall extend from the date of appointment until December 31 of the following odd numbered year, unless the day of appointment is made during an odd numbered year, in which event the appointment shall only extend until December 31 of that same year. Nothing herein contained shall prevent the removal of and the termination of the appointment of the chief as provided by law. (Ord. 3449, 9-2-1986; amd. Ord. 5024, 1-10-2011) 1-8I-2: DEPARTMENT POWERS AND DUTIES: DRAFT DATE - 5/31/2019 43 The police department shall provide for the preservation of public peace and enforcement of all state laws and city ordinances; Work to prevent and solve crimes; Respond to emergency calls for service involving life threatening situations and/or in -progress crimes; Assist whenever requested in the examination of the facts concerning any case or possible case against the city Maintain a secure system for police records and evidence. 1-8I-3: RESERVE UNIT: A. Creation: There is hereby created the Waterloo police reserve unit in accordance with the provisions of Iowa Code chapter 80D. B. Definition: A reserve police officer is a volunteer, non -regular, sworn member of a law enforcement agency who has regular police powers while functioning as an agency's representative and participates on a regular basis in the agency's activities. C. Membership; Qualifications: 1. Membership and Size: The size of the police reserve unit shall be determined by the chief of police. The reserve organization shall consist of a police reserve coordinator assigned by the chief of police from the membership of the police department, a reserve captain, a lieutenant and sergeants to serve as squad leaders for each squad of five (5) or more reservists as deemed necessary. Membership in the police reserve shall be determined upon standards established and approved by the chief of police. Applicants for membership shall be certified by the chief of police upon recommendation of the police reserve coordinator after satisfactory completion of the training standards. Each reserve member shall take an oath of office. 2. Physical Examination: All police reserve officers shall satisfactorily pass a department approved physical examination at their expense prior to being appointed as a police reserve officer. 3. Standards and Training: All standards and training required under Iowa Code chapter 80D shall constitute the minimum standards for police reserve officers. 4. Status: Members of the police reserve shall be considered employees of the city while they are performing police duties as authorized and directed by the chief of police. However, they are not subject to the conditions of the collective bargaining agreement of the police bargaining unit nor can they derive any benefit from the police pension. They are also not subject to the civil service provisions of Iowa Code chapter 80D. 5. Compensation: They shall receive a salary of two dollars ($2.00) yearly from the city at the beginning of each fiscal year. D. Officers Duties and Responsibilities: DRAFT DATE - 5/31/2019 44 1. Reserve Coordinator: The police reserve coordinator shall be assigned by the chief of police from the membership of the police department and responsible to the chief of police for the supervision, training, recruitment and activities of the police reserve unit. 2. Reserve Captain: The police reserve captain shall be responsible to the reserve coordinator for the command, control and direction of police reserves. It shall be the police reserve captain's duty to assist the police department in the enforcement of all laws and city ordinances in such a manner and at such time as directed by the police chief. 3. Reserve Lieutenant- The police reserve lieutenant shall assist the reserve captain and supervise the reserve sergeants. E. Removal: Members of the police reserve shall serve at the discretion of the chief of police. They shall be appointed, promoted, removed and discharged from such position by the police chief who may consider the recommendation of the police reserve coordinator. F. Rules: The police reserves may adopt a constitution, rules and regulations for the conduct of meetings and activities consistent with city ordinances and the laws of the state. All police reserve officers are subject to the police department code of conduct and such other regulations as established by the chief of police. G. Uniform and Safety Equipment: 1. The city shall furnish all reserve officers with the following equipment and uniform items: 1 reserve breast badge 1 reserve badge 1 ID card Waterloo Police Reserve patchs Ammunition for weapon 2. Reserve officers must furnish, at their own expense, the following items (items shall be replaced as needed to provide the minimum as listed from department approved suppliers): 1 pair of pants, navy blue 1 summer shirt, navy blue 1 winter shirt, navy blue DRAFT DATE - 5/31/2019 45 1 cap, navy blue 1 tie, black 1 jacket, navy blue Leather equipment, i.e., to consist of belt, handcuffs with case Freeze +P spray with case 1 department approved firearm 1 ASP Baton 1 ballistics vest 1 helmet Name tags for shirts and jacket 3. During their hours of duty, members of the police reserve shall wear the uniform as prescribed by the chief of police. H. Records: The police department shall keep an accurate record of all members of the police reserves, their dates of admission and discharge. (Ord. 4090, 4-10-1995) ARTICLE J. TECHNOLOGY SERVICES 1-8J-1: DEPARTMENT POWERS AND DUTIES: 1-8J-1: DEPARTMENT POWERS AND DUTIES: The technology services department shall maintain the city's computers, network, and other technology needs and oversee the City of Waterloo Cable Access Studio. T ESTABLISHED: BUSHED: § 2 206) DRAFT DATE - 5/31/2019 he police department; not 46 1 6A 2: POLICE CHIEF: The chief of the police department shall be either the director of safety services or the assistant director of saf r€-a-ppointment until December 3-of- numbered year, in which event the ap 1 6A 3: RESERVE UNIT: until December 31 of that sam €w-Fit the removal 44 e4e ination of the 7 ;` rd.502 ,' rn2nrr) A. Cre•ition: There is hereby cremated t nit in accordance with the apter 80D. B. Definition: A reserve police officer is a volunteer, nonregular, sworn member of a lay enforcement agency who has regular police powers while functioning as an agcncy'ti -. ,'' - hall be dctcrm:i:n.ed chief of police. The reserve organization shall assigned by the chief'*f'..oliee f:^mTt h rirt; zie�t tenant and sergeants to serve as squad leaders for each squad of five (5) or more, - +s as d cemenecessa d and approved by the chief of police. Applicants for m.embcrship shall be certified by the chief of police upon recommendation of the f-the�G-tT� iv ry +.yvvrin rl [_', ..1� TC%TIGG"rL�".4G�'d�TV�� G'c7ilr'CTi2' . �ilr-P-�.�iTiI3"[TZ'[r tii'cTil-iTr[iI reserve member shah + ke an oath efo f 2. Physical Examination: All poli approved physical examination at their reser'v.c fc crffi ecr . }r-to being appointed as a police .� �taaadards and Training: A Q1 �.1 a1 +che minimum standards for police reserve officers. forming poli . es of the city while ject to the conditions of the collective bargaining agreement of They are also not subject to the civil service provisions of E„w., r,,4, ep4ei DRAFT DATE - 5/31/2019 47 at the beginning of each fiscal year. D. Officers Duties and Responsibilities: police from the membership of the police department and responsible to the chief of ng, recruitment and activities of the police reserve unit. 2. Reserve Captain: The police reserve captain shall be responsible to the reserve coordinator for the corn .fit: shall be his-44y to assist the police department in the enforcement of all lavers and city ordinances in such a manner and at such tirrary 3—rT�th n�$r n t:: The police reserve lieutenant shall assist the reser' supervise the reserve sergeants. E. Re oval: Me chief who may consider the rcc meetings and activities consistent wi as es ablishea by the chief of police. Ci. V n,r 1 reserve breast badge 1 reserve , 1 ID card Ammunition for weapon suppliers}: t, navy blue 1 cap, navy blue 1 tie, black police reserve coordinator. b DRAFT DATE - 5/31/2019 48 1 jacket, navy blue 1PR2/1 1 helmet Name tags for shirts and jacket 3—During their ht ar the uniform as prescribed by the chi urate record reserves, their dates of ad T ESTABLISHED; MEMBERS: A. Composite ctor of 3. One or more division chiefs as shall be deter: incd by the chief of the fire department based on the needs of the department; ,e captains; and 6. Such number of officers and firefighter hich number may b DRAFT DATE - 5/31/2019 49 adoption of this section. The position of superintendent of maintenance shall take the same position in the salary scale as that of division chiefs. B. Qualifications of Mern>rcrs: A civil service commission of the -city. C. Compensation: Members of the-ftre-clepartmeitt7-ineinding-thhaapeeeell i eampensation as shall be fixed by the city council, which shall be payable semitnen r > > nti G,,,, ,. 911, p. F 3; amd. Ord. 2902, 7 5 1977; Ord. 502'l, 1 10 2011) 1 6B 2: FIRE CHIEF: A: Appo rtment• The fire chi � 1-1Ue^f safety services or the ,n-c*•, o -oz` i rc6:rr-�--�aac�-r.�rscv cvr--v safety services fire, in either case appointed pursuant to section of this chapter. Sueh-fire-ehieca evc�eirteit December 3 contained shall prevent the removal of and the termination of the appointment of the chief as r� n,,,,, ems; �-��-vrira-icacc-a crtfe`s: -rrc "Ae4rera- duties: 1. Chain of C assistant chief or, in -ate -a' truction, discipline, good order and CO1T department of ate=w4tate-fire depa q � provisions of this code and other city ordinances, bylaws, rules and regulations pertaining rty pertaining to the fire ished him by the city. 2. Control of Penn l-a"- T eftpGryintendency, control and command of all the officers, gtrishment of fires, and he shall carefully and diligently impart such information to the me n the fire department, and sec that a training division, properly staffed shall be maintained, raining in equipment„Tried on. The teaching of pmetieEd. 5. Extinguish Fires; Control Of Persons At Fire,Se-eft thereat: DRAFT DATE - 5/31/2019 50 b. Authority To Summon Assistunee:- Whe deems it necessary, to summon any or all pefsefipefatefseid in the extinguishment of fires 77-Authority to Order Removal. of Buildings: To order the removal of any building or for the purpose of checking or stopping the progress of fir 8. Prescribe Limits Where Entry is Pr•h.ibited: investigations, immediately notify, in writing, t ecti s.riffieiently-s-eoured-aufl-griftr-del-of-k-ept-iii3--or-iii-e-Olineetieft-Witk-any such or secure the same, as the case may require. he city, a record of the nee8 b. Keep a record of all fires that occur; the property *"^+e 4 h name of the owner and the amount of insurance coverage. c. Keep records of false ala a_ - connected with the fire department and each com facts as may be deemed worthy of preservation, and at the close of each y (WEgfag •ription other make a report to the city council of the activities of the department for the year. 1- 7-Report on Necessary Equipment, Emergency Ex be-rteede 1 w he e department, ° i+ ' , furnish the same as s practicable. In case of em es one hundred dollars ($1 00.00) in value, and also such further amounts as may be approved by a majority of the commit#€ Ike city. From time to time make a report to the director of safe coun,,e'uc erty as n+ay he needed. (Rev Ord 1 ,'l Comp , 911, p. F 3; amd. O�:�44-9 2 1986; Ora 502n l 10 201 1) DRAFT DATE - 5/31/2019 me make a 51 rfor B. Composition: The bureau shall operate under the supervision of the fire chief, who shall al. The fire marshal. shall be the it atei of the bureau of fire prevent' ad-nr-irri c� , «� w , ,� * ���� h a rr creation code as may be set forth by the fire chief The- i ,- f technical a p„eter-, „s, a - necessary. Such technical inspectors shall be selected through an examination to determine their fitness for the position. C. Duties: It sha.cers of the bureau of fire preventi€w4o-enforce all laws r�r�t�xees of the city covering the following: 1. The Seri 2. The storage, sale and use of combustible, flammable or explosive materials; systems and fire extinguishing equipment, 4. Ti"'--ihe-4Fri iRt 6. The i.nvestigat rs 44 e , ' 7'�clrc cciir "r afi4 cii1 ciiezcr plae -s--in ime work, live or congregate for any purpose; n and circumstance^ s. They shall have such other powers and perform such other duties as are set forth in other this c rr�.rd n � ed-f a limn *mime by law. The fire chief may delegate any powers or duties under this cede to the fire marshal. rd. 35555 2?- 3 1,_ 6 [2�.pgj_T±_ t g=? fi° A [) S ON m-I-1 ere -if iefeb r--seated t The fire—ar nve-st-igator- 11-he a peace office investi-gator shall have all the powers, duties and responsibiliti peace officer, which sha#4 1997) , DRAFT DATE - 5/31/2019 52 ^7 e Authority: All members of the fire department shall have and exercise all the powers o B. Presence for Duty: The m ffher-e the fire department shall remain in the quarters provided thei, rules and regulations of , pro -officer or member Far h zare department shall. be absent from duty at any time of day or night mahout permission from the chief of the fire department or person acting as such, and the procurement or atisthcto, stbstit he act, in Tact during his absence. C. Repair and Maintenance of- u. m rt Alt-- h l 43 e'rof the fire tr=tm . , ch time as r �z ,scary=di%r ig cig �� atours of each day, except Sunday, to th ea e, fepti- .--ea-ace:-ra"rr of the property belonging to the fire department or used in connection therewith, the city furnishing the materi'-�a'�aere f=or in the city to take charge thor officer shall arrive, and for such purpose he skrall. have a fire department. E. Prepared for Duty: it shall be the duty of th officers to ha\ e all property used in the any time, and t"'�"'� r+asp v hefeof at all times of day and night and to keep an officer or member of the department on watch all night as well as day, to ensure and to immedi.atel.y use all means io.--theif F. Extraterritorial Assistance: other emergency assistance outside the discrttion of the chief of the fire department or his duly authorized assistant acting in his stead, if th fr eh; of ; & ,�rt authorized to respond to calls for firefighting f the city, but within the state, when organized lire department, at the discretion of -the fire chief of t� z '• ' ' r � , his duly authorized assistant acting in his place in the absence of the chief of the fire DRAFT DATE - 5/31/2019 53 3. When the firefighters or equipment of the city are engaged in rendering assistance pursuant to this subsection, they shall be considered to be within their jurisdiction, and the city shall have the same governmental immunity when responding to such calls as ARTICLE C. ENCINEERINC DEPARTMENT 1 6C 1: DEPARTMENT CREATED: 1 6C 2: DEPARTMENTAL POWERS AND DUTIES: 1 6C 3: CITY ENGINEER: 1 6C 1: DEPARTMENT CREATR1: The engineering department is hereby created. (Ord. 1003, 2 7 1991) 1 6C 2: DEPARTMENTAL POWERS AND DUTIES: HITS AND MAINTENANCE 1 6D 2: DEPARTME TAL POWERS AND DUTIES: 1 6D 3: MANAGEMENT , Nn� rISION 1 6D 4: D S ILDING OFFICIAL/MAINTENANCE, ADMINISTRIATORf 1 6D 1: DE : The boil a ri,t .�,�„+:,, �, Crb=r�-rrs-sF�cccrcrr"�cazn- ti (Ord.45-1 20O4} 1 6D 2: DEPARTMEN' "� DlIWER A �m D-14T ES: the-peetion of all construction for its compliance with the state, federal ; ' 1 construction projects and to provide administrative &u a s4f>n for maintenance on all city owned buildi 17 2001) ante administrator shal and subject to the approval. Such appointment shaF443e4 • egarding the recrtl'x aixc a" *a"c-s i4`v'csvi"a urcc�ciFFviiiiarrent-oi i ra+plo:y'ee&-. DRAFT DATE - 5/31/2019 54 supervise, direct and manage the buildinnspection, permi 1. To promulgate orders, rules and regulations for the conduct and guidance of the ty policy ; to To .,3s;gn . onne1 o f t ,, ,,,a ,n� ,„�a� I� r i s-and niaintenarree dep-aftilding inspection, tr e }ance department, and to prescribe rules -and regulations for the conduct and management of the department consistent with the city's policies; 4. To peremptorily suspend or discharge any subordinate under his/her direction for ly perform the ;'s duties in accordance with law and departmental policy or other appropriate electrical inspector, buildi i ector and heiating inspector of the city; €. T umbing code, uniform mechanical code and n.atiet ' eleeti4e l e ,' _ ity council, as t construction activity within the city; 7. To coordincZci ci iiic ar+ ai ii=v=r+cs�s `vxv +ci +r clamf `r "+ „t n w rJ + _c � departments for aloustniets 8. To pro\ide code enforcement of all ordin mobile home r , condemnation and building moving. ee-TTrstdTrrutaca-rs; 9. Provide administration of maintenance on all city owned or operated-bui-l4i a. Develop a reporting and maintenance system that wit' outline the condition and status of all major building systems or components (i.e., roof, heating and air conditioning}: DRAFT DATE - 5/31/2019 55 c. Establish and city council. buildings. 1: Work withA'ateriop leis tre service to assist irr e t m ri�ct . , mp houses, park restrooms and golf course buildings. g. Work with the airport di tcrminals and s 2994) ADMINISTRATORi- ate maintenance on the aifpeft ration. (Ord. 11513, 9 17- ha - ot-ap : tee' a Wilding ottici.a ilk 9 or the mayor sh.al.l. appoir exercise all the powers and -duties of the building official/maintenance administrator. (Ord. 1513, 9 17 2001) ART 16E '1: DEPARTMENT CREATED: 1 6E 2: DEPARTMENTAL POWERS AND DUTIES: 1 6G : ! ITV yr ANNER: 1 6E-1: DEPARTMENT CREATED: The planning and transportation department for the city is hereby created. 1 6 •2: DEPARTMENTAL POWERS AND DUTI - rtation department to provide a full range of professional planning services for all city departments, public projects and citizens of Waterloo. public entity in Waterloo. (Ord, 440372 7 1994) DRAFT DATE - 5/31/2019 56 1 6E 3: CITY PLANNER: c approval of ,41 t 1' trt mw f4he-e4 ply rei-shall be out of the city, or unable to act sods of time when the mayor has not appoi14er.iv=we r.i .,h 1. To promu members of the planning policy; n.er's duties shall be as follows: ulations for the conduct a: artment within he personnel of the plann e of the ;rs of city tation departmtnt as deemed depaft-m.ent, at i uct and manages at under his direction for neglect of duty, disobedience of orders, misconduct or failure to properly perform the her duties as direct subdivision and zoning ordinances, including the necessary research, analysis, plan. > > t 7. To supervise and coordinate analysis of the city's physical and socioeconomic council., planni anal-c-o+ tnutn-iiy development project4irtit ems. DRAFT DATE - 5/31/2019 57 in other communities; programs, 10. To prepare and admi consultation with the plant: 11. To review 12. To aid the planning, programming an mprovernents program and other long tern financial plans; niques being utilized 13. Topr officials and citizens on planning and development studies; utters; and coordinate and review 14. To supervise and have jurisdiction over the conduct of the zoning administration and 15. T„ , dinate Y.,etr,pe4Mion, economi �qep nt and other related activities with all other affected entities; 16. inatc and review work -performed by professional constF tudies; the city; 18. To provide staff services and coordinate the activities edevelopment efforts; 19. To develop, monitor and co •* e ty's information and data network.; 20. The planning; and transportation department will provide sta 2 7 1994) ARTICLE. F. DEPARTMENT OF SAFETY SERVICES 1 6F 1: DEPARTMENT CREATED: 1 6F-2: DEPARTMENTAL POWERS AND DUTIES: '�= RECTOR OF SAFETY SERVICES: DRAFT DATE - 5/31/2019 58 1 6F 1: DEPARTMENT CREATED: The department of safety services for the city of Waterloo is hereby cr ated. (Ord. 5024, 1 10 2011) 1 6F 2: DEPARTMENTAL POWERS AND DUTIES: A. It shall be the., duty of the department of safety se fire department of the city ofier�{c�a rsee the police department and B. The de ar-tm per tly assi ned-te-th€ 4r-e department , ired by the Iowa Code to be 1 6F 3: DIRECTOR OF SAFETY SERVICES: A. Appoi 'rated by the m approval of the city council and shall be directly responsible to the mayor. Such appointment shall be in accordance with all city policies and procedures regarding recruitment, selection and tt- B. Absence of Director of S tune when t duties of the director of safety services. or of saf •es shall be out irector of safety C. Management, Supervision anI supervise, direct, x , , t an assistant director of safety ge-4 r, orations of tbe ,,,,�Trent. c„i w ,.+ + , `.,,i.r ,etion fcpurposes of low assignin -duties exclusively to the police chief; b. Subject to subsection C 1 d of services fire to manage the operations of the fire department. Subject to the fire chief for purposes of Iowa Code section 100.13 and any other provision of the low C^du ^signing duties exclusively to the fire chief; c. In making selections for th t rec lists as required by Iowa Code section 100.13; DRAFT DATE - 5/31/2019 59 .+rvices is also appointed police chief or fire chief pursuant to subsection E of this section, the director of safes er i.es _ay lawfully be 2. Supery ise and direct the activities and operations of the assistant director of safety -!;ervie 2 profli—Ehree , 'rirccd clt er police-eh1 e!TFe n er perform any duty currently assigned the pe&iti =r urad r phi^ .e . �r� *r,. ee4e e Tr1.,r•, D. Limitation on Authorit The director of safety sere, ices, if not serving as chief of usively delegated by the Iowa Code to chief or reassign any such duties to the position of direetet=of . apter 80D of the lown-Eede tion f this -ede >wa Code section 45513.386, and section of this chapter to the ex -tent they are required . the positions of police chief or fi stifety services. su�C hat e E. Appointment of Diof-the-director e# safet e ieesi the assistant directorsafety services as eit approval of tlu;--r-ity- 'n74n' chief or fire ch` provided the it i.duai is otherwise qu„1:fed *r, "„ha r...eh effice under the Iowa Code, but the a y rt t le hot r ee �, f ixrrcctri-r=c�r-�surccy---icJ a�*-�. "�r�-c�c�z�crca�-Mini-�c-v`-=x-r�u-�cixzc�ri-ri. cx-ic�-cc --care"- iicrs-ry came. F. Qualifications: The di s•ivil service eligible lists provided for in Iowa Code section 1.00.13. (Ord. 5024, 1 10.201I) CHAPTER 79 MUNICIPAL ELECTIONS 1-79-1: NOMINATION PROCEDURES ADOPTED: 1-79-2: WARDS: 1-79-3: PRECINCTS: 1-79-1: NOMINATION PROCEDURES ADOPTED: A. Purpose: The purpose of this section is to designate the methods by which candidates for elective municipal offices in the city shall be nominated. (Ord. 2768, 9-22-1975) DRAFT DATE - 5/31/2019 60 B. Providing for Runoff Elections: For the 2003 municipal election and in subsequent municipal elections within the city of Waterloo, Iowa, city elections shall be conducted as provided in Iowa Code (2001) chapter 376, and any amendments to it. The city of Waterloo, Iowa, does hereby elect to hold a runoff election when a position for an office within said city is unfilled because of a failure of a sufficient number of candidates to receive a majority vote in a regular city election, all as provided in Iowa Code, chapter 376. (Ord. 4582, 10-14-2002) 1-79-2: WARDS: The territory embraced within the city limits of the city of Waterloo, Iowa, shall be divided into five (5) wards, to be called the first, second, third, fourth and fifth wards, the boundaries of said wards are hereby established and defined and set out in this section. First Ward: The first ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the Westerly city limit line and centerline of Rainbow Drive, thence Southeasterly along the centerline of Rainbow Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence West along the centerline of Joy Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Maxine Avenue, thence West along the centerline of Maxine Avenue to the centerline of Auburn Street, thence South along the centerline of Auburn Street to the centerline of Maynard Avenue, thence West along the centerline of Maynard Avenue to the centerline of Beverly Hills Street, thence South along the centerline of Beverly Hills Street to the centerline of Carriage Hill Drive, thence Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue, thence South along the centerline of Stephan Avenue to the centerline of Falls Avenue, thence West along the centerline of Falls Avenue to the centerline of University Avenue, thence Southeasterly along the centerline of University Avenue to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the centerline of Black Hawk Creek, thence Easterly and Northeasterly along the centerline of Black Hawk Creek to the centerline of Fletcher Avenue, thence South along the centerline of Fletcher Avenue to the centerline of Summit Avenue extended Westerly, thence East along the extended centerline of Summit Avenue and the centerline of Summit Avenue to the centerline of Chicago Street, thence North along the centerline of Chicago Street to the North limit of platted Chicago Street, thence Southeasterly in a straight line to the North limit of the centerline of Moir Street, thence Southeasterly in a straight line to the North limit of the centerline of Marsh Street, thence South along the centerline of Marsh Street to where the centerline of Sherwood Court would intersect if extended Westerly, thence East along the extended centerline of Sherwood Court and the centerline of Sherwood Court to the centerline of Sullivan Avenue, thence North and Northeasterly along the centerline of Sullivan Avenue to the centerline of Elmwood Street, thence East along the centerline of Elmwood Street to the centerline of Western Avenue, thence Northwesterly along the centerline of Western Avenue to the centerline of West Mullan Avenue, thence Easterly along the centerline of West Mullan Avenue to the centerline of Locust Street, thence Southeasterly along the centerline of Locust Street to the centerline of West Fourth Street, thence DRAFT DATE - 5/31/2019 61 Southwesterly along the centerline of West Fourth Street to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the South city limit line, thence West along the South city limit line and continuing in a clockwise direction along the city limit line to the point of beginning Second Ward: The second ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of Ansborough Avenue and the intersection of Ridgemont Road, thence East along the centerline of Ridgemont Road to the centerline of Loralin Drive, thence North along the centerline of Loralin Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of South Hill Drive, thence South along the centerline of South Hill Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of Colby Road, thence North along the centerline of Colby Road to the centerline of West Park Lane, thence Easterly along the centerline of West Park Lane to the centerline of Kimball Avenue, thence North along the centerline of Kimball Avenue to the centerline of Ridgeway Avenue, thence East along the centerline of East Ridgeway Avenue to the centerline of Edgemont Avenue, thence South along the centerline of Edgemont Avenue to the centerline of Cataract Avenue, thence Easterly along the centerline of Cataract Avenue to the centerline of Barton Avenue, thence Southerly along the centerline of Barton Avenue to the centerline of Alpine Drive, thence Southeasterly along the centerline of Alpine Drive to the centerline of Saratoga Drive, thence Northeasterly along the centerline of Saratoga Drive to the centerline of Rudi Place, thence Southeasterly along the centerline of Rudi Place to the centerline of West Ninth Street, thence North along the centerline of West Ninth Street to the centerline of Mitchell Avenue, thence East along the centerline of Mitchell Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Southbound Washington Street, thence Northwesterly along the centerline of Southbound Washington Street to the centerline of Williston Avenue, thence Easterly along the centerline of Williston Avenue to the centerline of West Eighteenth Street, thence Northeasterly along the centerline of West Eighteenth Street to the Cedar River, thence proceeding Southeasterly along the Cedar River until it intersects the city limits of the City of Waterloo at a point on the North line of the Cedar River that would intersect a Southerly extension of the centerline of Randall Avenue, thence proceeding first South and then in a clockwise direction along the city limits of the City of Waterloo to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the point of beginning Third Ward: The third ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of Leversee Road (the west city limit line) and the centerline of West Dunkerton Road (the north city limit line), thence East and South along the northerly city limit line to the centerline of Moline Road, thence South along the centerline of Moline Road to the centerline of East Donald Street, thence West along the DRAFT DATE - 5/31/2019 62 centerline of East Donald Street to the centerline of Logan Avenue, thence Southerly along the centerline of Logan Avenue to the centerline of East Mullan Avenue, thence Southeasterly along the centerline of East Mullan Avenue to the centerline of Kern Street, thence Southwesterly along the centerline of Kern Street to the centerline of Logan Avenue, thence South along the centerline of Logan Avenue to the centerline of Conger Street, thence Southwesterly along the centerline of Conger Street to the centerline of the spur track of the Chicago Central and Pacific Railway Company right-of-way, thence Southwesterly following centerline of said spur track to the centerline of Utica Street, thence Southwesterly along the centerline of Utica Street and its extension to the centerline of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to the point where the most Westerly spur line of said railroad intersects, thence Southeasterly along said spur line to the point where the centerline of Sycamore Street extended Westerly would intersect the centerline of the Chicago Central & Pacific Railroad right-of-way, thence Southeasterly along the centerline of said railroad to the centerline of East Mullan Avenue, thence Southwesterly along the centerline of East Mullan Avenue to the Cedar River, thence Southeasterly along the Cedar River to the centerline of Union Pacific Railroad right-of- way, thence Southwesterly along the centerline of Union Pacific Railroad right-of-way to the centerline of Jefferson Street, thence Northwesterly along the centerline of Jefferson Street to the centerline of West Sixth Street, thence Southwesterly along the centerline of West Sixth Street to the centerline of Washington Street as originally platted, thence Northwesterly along the centerline of Washington Street as originally platted to the centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street to the centerline of Locust Street, thence Northwesterly along the centerline of Locust Street to the centerline of West Mullan Avenue, thence Westerly along the centerline of West Mullan Avenue to the centerline of Western Avenue, thence Southeasterly along the centerline of Western Avenue to the centerline of Elmwood Street, thence West along the centerline of Elmwood Street to the centerline of Sullivan Avenue, thence Southerly along the centerline of Sullivan Avenue to the centerline of Sherwood Court, thence West along the centerline of Sherwood Court and the westerly extension of the centerline of Sherwood Court to the centerline of Marsh Street, thence North along the centerline of Marsh Street to the North limit of Marsh Street, thence Northwesterly in a straight line to the North limit of the centerline of Moir Street, thence Northwesterly in a straight line to the North limit of the centerline of Chicago Street, thence South along the centerline of Chicago Street to the centerline of Summit Avenue, thence West along the centerline of Summit Avenue and that line extended West to the centerline of Fletcher Avenue, thence north along the centerline of Fletcher Avenue to the centerline of Black Hawk Creek, thence Southwesterly and Westerly along the centerline of Black Hawk Creek to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of University Avenue, thence Northwesterly along the centerline of University Avenue to the centerline of Falls Avenue, thence East along the centerline of Falls Avenue to the centerline of Stephan Avenue, thence north along the centerline of Stephan Avenue to the centerline of Carriage Hill Drive, thence Northwesterly along the centerline of Carriage Hill Drive to the centerline of Beverly Hills Street, thence Northerly along the centerline of Beverly Hills Street to the centerline of Maynard Avenue, thence East along the centerline of Maynard Avenue to the centerline of Auburn Street, thence North along the centerline of Auburn Street to the centerline of Maxine Avenue, thence East along the centerline of Maxine Avenue to the centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence East along the centerline of Joy Drive to the centerline of Hanna DRAFT DATE - 5/31/2019 63 Boulevard, thence North along the centerline of Hanna Boulevard to the centerline of Rainbow Drive, thence Northwesterly along the centerline of Rainbow Drive to the west city limit line, thence Northerly in a clockwise direction along the city limit line to the point of beginning Fourth Ward: The fourth ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of Moline Road and the North city limit line, thence East, South and West in a clockwise direction along the city limit line to its intersection with the North line of the Cedar River, thence Southeasterly along the North line to the Cedar River to a point on said North line that would intersect a Southerly extension of the centerline of Randall Avenue, thence Northwesterly along the Cedar River to the centerline of East Mullan Avenue, thence Northeasterly along the centerline of East Mullan Avenue to the point of intersection of the first spur line of the Chicago Central and Pacific Railroad, thence Northwesterly following said spur line to the point at which the centerline of Sycamore Street extended Northwesterly would intersect said spur line, thence Northwesterly along said spur line to a point where the most Westerly spur line of said tracks intersects the centerline of Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Utica Street, thence Northeasterly along Utica Street and its extension to the centerline of the spur track of the Chicago Central and Pacific right-of-way, thence Northerly along the said centerline to the centerline of Conger Street, thence Easterly along the centerline of Conger Street to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline of Kern Street, thence Northeasterly along the centerline of Kern Street to the centerline of East Mullan Avenue, thence Northwesterly along the centerline of East Mullan Avenue to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline of East Donald Street, thence East along the centerline of East Donald Street to the centerline of Moline Road, thence North along the centerline of Moline Road to the point of beginning Fifth Ward: The fifth ward shall be all the territory within the city limits of the city of Waterloo, Iowa, hereinafter described as follows: Beginning at the point of intersection of the centerline of West Eighteenth Street and the Cedar River, thence Southwesterly along the centerline of West Eighteenth Street to the centerline of Williston Avenue, thence Westerly along the centerline of Williston Avenue to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Byron Avenue, thence East along the centerline of Byron Avenue to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of West Ninth Street, thence South along the centerline of West Ninth Street to the centerline of Rudi Place, thence Northwesterly along the centerline of Rudi Place to the centerline of Saratoga Drive, thence Southwesterly along the centerline of Saratoga Drive to the centerline of Alpine Drive, thence Northwesterly along the centerline of Alpine Drive to the centerline of Barton Avenue, thence Northerly along the centerline of Barton Avenue to the centerline of Cataract Avenue, thence Westerly along the centerline of Cataract Avenue to the centerline of Edgemont Avenue, thence North along the centerline of Edgemont Avenue to the centerline of East DRAFT DATE - 5/31/2019 64 Ridgeway Avenue, thence West along the centerline of East Ridgeway Avenue to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of West Park Lane, thence Westerly along the centerline of West Park Lane to the centerline of Colby Road, thence South along the centerline of Colby Road to the centerline of Rachael Street, thence Westerly along the centerline of Rachael Street to the centerline of South Hill Drive, thence north along the centerline of South Hill Drive to the centerline of Rachael Street, thence Westerly along the centerline of Rachael Street to the centerline of Loralin Drive, thence South along the centerline of Loralin Drive to the centerline of Ridgemont Road, thence West along the centerline of Ridgemont Road to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the centerline of Washington Street as originally platted, thence Southeasterly along the centerline of Washington Street as originally platted to the centerline of West Sixth Street, thence Northeasterly along the centerline of West Sixth Street to the centerline of Jefferson Street, thence southeasterly along the centerline of Jefferson Street to the centerline of the Union Pacific Railroad, thence Northeasterly along the centerline of the Union Pacific Railroad to the Cedar River, thence Southeasterly along the Cedar River to the point of beginning (Ord. 5066, 8-8-2011, eff. 1-15-2012) 1-79-3: PRECINCTS: The territory embraced within the various wards within the city limits of the city of Waterloo, Iowa, shall be divided into precincts to be known as the 1st precinct of the first ward, the 2nd precinct of the first ward, the 3rd precinct of the first ward, the 4th precinct of the first ward, the 5th precinct of the first ward and the 6th precinct of the first ward; and the 1st precinct of the second ward, the 2nd precinct of the second ward, the 3rd precinct of the second ward, the 4th precinct of the second ward, the 5th precinct of the second ward and the 6th precinct of the second ward; and the 1st precinct of the third ward, the 2nd precinct of the third ward, the 3rd precinct of the third ward, the 4th precinct of the third ward, the 5th precinct of the third ward and the 6th precinct of the third ward; and the 1st precinct of the fourth ward, the 2nd precinct of the fourth ward, the 3rd precinct of the fourth ward, the 4th precinct of the fourth ward, the 5th precinct of the fourth ward and the 6th precinct of the fourth ward; and the 1st precinct of the fifth ward, the 2nd precinct of the fifth ward, the 3rd precinct of the fifth ward, the 4th precinct of the fifth ward, the 5th precinct of the fifth ward and the 6th precinct of the fifth ward. 1st Precinct of the First Ward: The 1st precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the Westerly city limit line and the centerline of Rainbow Drive, thence Southeasterly along the centerline of Rainbow Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence West along the Centerline of Joy Drive to the centerline of Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Maxine Avenue, thence West along the centerline of Maxine Avenue to the centerline of Auburn Street, thence South along the centerline of Auburn Street to the centerline of Maynard Avenue, thence West along the centerline of Maynard Avenue to the centerline of Beverly Hills Street, thence DRAFT DATE - 5/31/2019 65 Southerly along the centerline of Beverly Hills Street to the centerline of Carriage Hill Drive, thence Southeasterly along the centerline of CalTiage Hill Drive to the centerline of Stephan Avenue, thence South along the centerline of Stephan Avenue to the centerline of Falls Avenue, thence West along the centerline of Falls Avenue to the centerline of University Avenue, thence Northwesterly along the centerline of University Avenue to the West city limit line, thence North along the West city limit line to the point of beginning 2nd Precinct of the First Ward: The 2nd precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the West city limits and the centerline of University Avenue, thence Southeasterly along the centerline of University Avenue to a point where the centerline of Alabar Avenue, if extended would intersect the centerline of University Avenue, thence Westerly along said extension of the centerline of Alabar Avenue and the centerline of Alabar Avenue to the centerline of Linbud Lane, thence South along the centerline of Linbud Lane to the centerline of Sager Avenue, thence East along the centerline of Sager Avenue to the centerline of Doreen Avenue, thence South along the centerline of Doreen Avenue to the centerline of Downing Avenue, thence West along the centerline of Downing Avenue to the centerline of Wren Road, thence South along the centerline of Wren Road to the centerline of Huntington Road, thence West along the centerline of Huntington Road to the West city limits, thence North along the West city limit line to the point of beginning 3rd Precinct of the First Ward: The 3rd precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point where the centerline of Fletcher Avenue intersects the Westerly extension of the centerline of Summit Avenue, thence East along the centerline of extended Summit Avenue, and Summit Avenue to the centerline of Chicago Street, thence North along the centerline of Chicago Street to the North limit of platted Chicago Street, thence Southeasterly in a straight line to the North limit of the centerline of Moir Street, thence Southeasterly in a straight line to the North limit of the centerline of Marsh Street, thence South along the centerline of Marsh Street to where the centerline of Sherwood Court would intersect if extended Westerly, thence East along the extended centerline of Sherwood Court and the centerline of Sherwood Court to the centerline of Sullivan Avenue, thence North and Northeasterly along the centerline of Sullivan Avenue to the centerline of Elmwood Street, thence East along the centerline of Elmwood Street to the centerline of Western Avenue, thence Northwesterly along the centerline of Western Avenue to the centerline of West Mullan Avenue, thence Easterly along the centerline of West Mullan Avenue to the centerline of Locust Street, thence Southeasterly along the centerline of Locust Street to the centerline of W. Fourth Street, thence Southwesterly along the centerline of W. Fourth Street to the centerline of Campbell Avenue, thence West along the Centerline of Campbell Avenue to the centerline of Fletcher Avenue, thence North along the centerline of Fletcher Avenue to the point of beginning 4th Precinct of the First Ward: The 4th precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: DRAFT DATE - 5/31/2019 66 Beginning at a point where the West city limit line intersects the centerline of Huntington Road, thence East along the centerline of Huntington Road to the centerline of Wren Road, thence North along the centerline of Wren Road to the centerline of Downing Avenue, thence East along the centerline of Downing Avenue to the centerline of Doreen Avenue, thence North along the centerline of Doreen Avenue to the centerline of Sager Avenue, thence West along the centerline of Sager Avenue to the centerline of Linbud Lane, thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue, thence Easterly along the centerline of Alabar Avenue and the centerline of Alabar Avenue extended Easterly to the centerline of University Avenue, thence Southeasterly along the centerline of University Avenue to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the centerline of Black Hawk Creek, thence Northeasterly along the centerline of Black Hawk Creek to the centerline of Fletcher Avenue, thence South along the centerline of Fletcher Avenue to the centerline of Campbell Avenue, thence East along the centerline of Campbell Avenue to the centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of Carrington Avenue, thence West along the centerline of Carrington Avenue to the centerline of Sergeant Road (also known as Highway 63), thence Southwesterly along the centerline of Sergeant Road to the centerline of Martin Road, thence Westerly and Southerly along the centerline of Martin Road to the centerline of West Ridgeway Avenue, thence West along the centerline of West Ridgeway Avenue to the centerline of Black Hawk Creek, thence Northerly along the centerline of Black Hawk Creek to the city limit line thence East and North following the city limits to the point of beginning 5th Precinct of the First Ward: The 5th precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at a point of intersection of the centerline of West Ridgeway Avenue and the centerline of Martin Road, thence Northerly and Easterly along the centerline of Martin Road to the centerline of Sergeant Road (also known as Highway 63), thence Northeasterly along the centerline of Sergeant Road to the centerline of Carrington Avenue, thence East along the centerline of Carrington Avenue to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the centerline of Ridgemont Road, thence West along the centerline of Ridgemont Road to the centerline of Inverness Road, thence Northerly and Northwesterly along the centerline of Inverness Road to the centerline of Doral Drive, thence Northerly along the centerline of Doral Drive to the centerline of West 4th Street, thence Northeasterly along the centerline of West 4th Street to the centerline of West Ridgeway Avenue, thence West along the centerline of West Ridgeway Avenue to the point of beginning 6th Precinct of the First Ward: The 6th precinct of the first ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at a point of intersection of the centerline of Black Hawk Creek and the centerline of West Ridgeway Avenue, thence East along the centerline of West Ridgeway Avenue to the centerline of West 4th Street, thence Southwesterly along the centerline of West 4th Street to the centerline of Doral Drive, thence Southerly along the centerline of Doral Drive to the centerline of Inverness Road, thence Southeasterly and Southerly along the centerline of Inverness Road to DRAFT DATE - 5/31/2019 67 the centerline of Ridgemont Road, thence East along the centerline of Ridgemont Road to the centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the intersection with the South city limit line, thence West along the South city limit line and continuing in a clockwise direction to a point where the city limit line intersects the centerline of Black Hawk Creek (said point lying Easterly of Deere Road), thence Southwesterly along the centerline of Black Hawk Creek to the point of beginning 1st Precinct of the Second Ward: The 1st precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Kimball Avenue and the centerline of East Ridgeway Avenue, thence East along the centerline of East Ridgeway Avenue to the centerline of Edgemont Avenue, thence South along the centerline of Edgemont Avenue to the centerline of Cataract Avenue, thence Easterly along the centerline of Cataract Avenue to the centerline of Barton Avenue, thence Southerly along the centerline of Barton Avenue to the centerline of Alpine Drive, thence Southeasterly along the centerline of Alpine Drive to the centerline of Saratoga Drive, thence Northeasterly along the centerline of Saratoga Drive to the centerline of Rudi Place, thence Southeasterly along the centerline of Rudi Place to the centerline of West Ninth Street, thence Southwesterly and Southerly along the centerline of West 9th Street to the centerline of E. San Marnan Drive, thence West along the centerline of E. San Marnan Drive to the centerline of Kimball Avenue, thence North along the centerline of Kimball Avenue to the point of beginning 2nd Precinct of the Second Ward: The 2nd precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of East Ridgeway Avenue and the centerline of West 9th Street, thence East along the centerline of East Ridgeway Avenue to the centerline of Hammond Avenue, thence South along the centerline of Hammond Avenue to the centerline of East San Marnan Drive, thence West along the centerline of East San Marnan Drive to the centerline of West 9th Street, thence North and Northeasterly along the centerline of West 9th Street to the point of beginning 3rd Precinct of the Second Ward: The 3rd precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Mitchell Avenue and the centerline of West 9th Street, thence East along the centerline of Mitchell Avenue to the centerline of LaPorte Road, thence South along the centerline of LaPorte Road to the centerline of East Ridgeway Avenue, as originally platted, thence West along the centerline of East Ridgeway Avenue as originally platted to the centerline of West 9th Street, thence North along the centerline of West 9th Street to the point of beginning 4th Precinct of the Second Ward: The 4th precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: DRAFT DATE - 5/31/2019 68 Beginning at the point of intersection of the centerline of Hawkeye Road (also known as Hwy. 21) and the centerline of East San Marnan Drive, thence East along the centerline of East San Marnan Drive to the centerline of Hammond Avenue, thence North along the centerline of Hammond Avenue to the centerline of East Ridgeway Avenue, thence East along the centerline of East Ridgeway Avenue as originally platted to the centerline of LaPorte Road, thence North along the centerline of LaPorte Road to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the centerline of Southbound Washington Street, thence Northwesterly along the centerline of Southbound Washington Street to the centerline of Williston Avenue, thence Easterly along the centerline of Williston Avenue to the centerline of West Eighteenth Street, thence Northeasterly along the centerline of West Eighteenth Street to the Cedar River, thence proceeding Southeasterly along the Cedar River until it intersects the city limits of the City of Waterloo at a point on the North line of the Cedar River that would intersect a Southerly extension of the centerline of Randall Avenue, thence following the city limit line in a clockwise direction to the centerline of East Shaulis Road, thence West along the centerline of East Shaulis Road to the centerline of Hawkeye Road, thence North along the centerline of Hawkeye Road to the point of beginning 5th Precinct of the Second Ward: The 5th precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Hawkeye Road (also known as Hwy. 21) and the centerline of East Shaulis Road, thence Easterly along the centerline of East Shaulis Road to the East city limit line, thence following the East and South city limit lines in a clockwise direction to the centerline of Hawkeye Road, thence North along the centerline of Hawkeye Road to the point of beginning 6th Precinct of the Second Ward: The 6th precinct of the second ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the intersection of the centerline of Ansborough Avenue and the centerline of Ridgemont Road, thence East along the centerline of Ridgemont Road to the centerline of Loralin Drive, thence North along the centerline of Loralin Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of South Hill Drive, thence South along the centerline of South Hill Drive to the centerline of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of Colby Road, thence North along the centerline of Colby Road to the centerline of West Park Lane, thence Northerly and Easterly along the centerline of West Park Lane to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of East San Marnan Drive, thence East along the centerline of East San Marnan Drive to the centerline of Hawkeye Road (also known as Highway 21), thence South along the centerline of Hawkeye Road to the South city limits, thence West, North and West following the South city limit line in a clockwise direction to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the point of beginning DRAFT DATE - 5/31/2019 69 1st Precinct Of of The the Third Ward: The 1st precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Leversee Road and the centerline of West Dunkerton Road, (which point is also on the city limit line), thence Easterly following the Northerly city limit line of Waterloo to the centerline of Wagner Road, thence South along the centerline of Wagner Road to the centerline of Candlewick Road, thence South along the centerline of Candlewick Road to the centerline of Woodmayr Drive, thence East along the centerline of Woodmayr Drive to the centerline of Cedar Bend Street, thence South along the centerline of Cedar Bend Street to the centerline of West Donald Street, thence East along the centerline of West Donald Street to the centerline of Normandy Street, thence South along the centerline of Normandy Street to the centerline of Northey Street, thence East along the centerline of Northey Street to the centerline of Longfellow Avenue, thence South along the centerline of Longfellow Avenue to the centerline of West Parker Street, thence East along the centerline of West Parker Street to the centerline of Burton Avenue, thence South along the centerline of Burton Avenue to the centerline of Dawson Street, thence East along the centerline of Dawson Street to the centerline of Avon Avenue, thence South along the centerline of Avon Avenue to the centerline of Conger Street, thence West along the centerline of Conger Street to the centerline of Burton Avenue, thence South on the centerline of Burton Avenue, and an extension thereof, to the Cedar River, thence Northwesterly along the Cedar River to the centerline of West Conger Street, thence Southwesterly along the centerline of West Conger Street to the centerline of relocated Ansborough Avenue, thence West and Southwesterly along the centerline of relocated Ansborough Avenue to the centerline of Maynard Avenue, thence West along the centerline of Maynard Avenue to the centerline of Chicago Central & Pacific Railroad spur line, thence Northwesterly following the centerline of said railroad to the point where the centerline of Rainbow Drive intersects said railroad centerline for the second time, thence Northwesterly along the centerline of Rainbow Drive to the West city limits, thence Northerly following the West city limit line in a clockwise direction to the point of beginning. 2nd Precinct Of of The the Third Ward: The 2nd precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the North city limit line and the centerline of Wagner Road, thence Easterly and Southerly following the city limit line in a clockwise direction to the intersection with the centerline of Moline Road, thence South along the centerline of Moline Road to the centerline of East Donald Street, thence West along the centerline of East Donald Street and West Donald Street to the centerline of Burton Avenue, thence South along the centerline of Burton Avenue to the centerline of Broadway Street, thence Northwesterly along the centerline of Broadway Street to the Easterly extension of the centerline of Northey Street, thence West along the centerline of extended Northey Street, and Northey Street to the centerline of Normandy Street, thence North along the centerline of Normandy Street to the centerline of West Donald Street, thence West along the centerline of West Donald Street to the centerline of Cedar Bend Street, thence North along the centerline of Cedar Bend Street to the centerline of Woodmayr Drive, thence West along the centerline of Woodmayr Drive to the centerline of Candlewick Road, thence North along the centerline of Candlewick Road to the centerline of DRAFT DATE - 5/31/2019 70 Wagner Road, thence Northerly along the centerline of Wagner Road to the point of beginning. 3rd Precinct Of of The the Third Ward: The 3rd precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Burton Avenue and the centerline of West Donald Street, thence East along the centerline of West Donald Street to the centerline of Logan Avenue, thence South along the centerline of Logan Avenue to the centerline of East Mullan Avenue, thence Southeasterly along the centerline of East Mullan Avenue to the centerline of Kern Street, thence Southwesterly along the centerline of Kern Street to the centerline of Logan Avenue, thence South along the centerline of Logan Avenue to the centerline of Conger Street, thence Westerly along the centerline of Conger Street to the centerline of Broadway Street, thence North and Northwesterly along the centerline of Broadway Street to the centerline of Burton Avenue, thence North along the centerline of Burton Avenue to the point of beginning 4th Precinct Of of The the Third Ward: The 4th precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Northey Street and the centerline of Longfellow Avenue, thence East along the centerline of Northey Street and its extension to the centerline of Broadway Street, thence Southeasterly and Southerly along the centerline of Broadway Street to the centerline of Conger Street, thence Easterly along the centerline of Conger Street to the centerline of the Chicago Central & Pacific Railway right-of-way, thence Southerly and Southwesterly following the centerline of said spur line to the centerline of Utica Street, thence Southwesterly along the centerline of Utica Street and its extension to the centerline of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to the point where the most Westerly spur line of said Railroad intersects, thence Southeasterly along said spur line to the point where the centerline of Sycamore Street extended Westerly would intersect the centerline of the Chicago Central & Pacific Railroad right-of-way, thence Southeasterly along the centerline of said Railroad to the centerline of East Mullan Avenue, thence Southwesterly along the centerline of East Mullan Avenue to the Cedar River, thence Northwesterly along the Cedar River to a point at which the centerline of Burton Avenue extended Southerly would intersect the Cedar River, thence North along said extension of the centerline of Burton, and the centerline of Burton Avenue to the centerline of Conger Street, thence East along the centerline of Conger Street to the centerline of Avon Avenue, thence North along the centerline of Avon Avenue to the centerline of Dawson Street, thence West along the centerline of Dawson Street to the centerline of Burton Avenue, thence North along the centerline of Burton Avenue to the centerline of West Parker Street, thence West along the centerline of West Parker Street to the centerline of Longfellow Avenue, thence North along the centerline of Longfellow Avenue to the point of beginning. 5th Precinct Of of The the Third Ward: The 5th precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Rainbow Drive and the centerline of DRAFT DATE - 5/31/2019 71 Hanna Boulevard, thence Southeasterly along the centerline of Rainbow Drive to the centerline of the spur track of the Chicago, Central & Pacific Railroad, thence Southeasterly along said railroad centerline to the centerline of Maynard Avenue, thence East along the centerline of Maynard Avenue to the centerline of Ansborough Avenue, thence Northeasterly and Easterly along the centerline of relocated Ansborough Avenue to the centerline of Westfield Avenue, thence South and Southeasterly along the centerline of Westfield Avenue to the centerline of Black Hawk Creek, thence Southwesterly along the centerline of Black Hawk Creek to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of University Avenue, thence Northwesterly along the centerline of University Avenue to the centerline of Falls Avenue, thence East along the centerline of Falls Avenue to the centerline of Stephan Avenue, thence Northerly along the centerline of Stephan Avenue to the centerline of Carriage Hill Drive, thence Northwesterly along the centerline of Carriage Hill Drive to the centerline of Beverly Hills Street, thence Northerly along the centerline of Beverly Hills Street to the centerline of Maynard Avenue, thence East along the centerline of Maynard Avenue to the centerline of Auburn Street, thence North along the centerline of Auburn Street to the centerline of Maxine Avenue, thence East along the centerline of Maxine Avenue to the centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the centerline of Joy Drive, thence East along the centerline of Joy Drive to the centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the point of beginning 6th Precinct Of of The the Third Ward: The 6th precinct of the third ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of West Conger Street and the main channel of the Cedar River, thence Southeasterly along the Cedar River to the intersection with the centerline of the Iowa Northern Railway Company right-of-way, (formerly known as the Chicago Northwestern Transportation Company), thence Southwesterly along the centerline of the Iowa Northern Railway Company right-of-way to the intersection with the centerline of Jefferson Street, thence Northwesterly along the centerline of Jefferson Street to the intersection with the centerline of West Sixth Street, thence Southwesterly along the centerline of West Sixth Street to the centerline of Washington Street as originally platted, thence Northwesterly along the centerline of Washington Street as originally platted to the centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street to the centerline of Locust Street, thence Northerly along the centerline of Locust Street to the centerline of West Mullan Avenue, thence Westerly along the centerline of West Mullan Avenue to the centerline of Western Avenue, thence Southeasterly along the centerline of Western Avenue to the centerline of Elmwood Street, thence Westerly along the centerline of Elmwood Street to the centerline of Sullivan Avenue, thence Southerly along the centerline of Sullivan Avenue to the centerline of Sherwood Court, thence West along the centerline of Sherwood Court and an extension of Sherwood Court to the centerline of Marsh Street, thence North along the centerline of Marsh Street to the North limit of Marsh Street, thence Northwesterly in a straight line to the North limit of the centerline of Moir Street, thence Northwesterly in a straight line to the Northerly limit of the centerline of Chicago Street, thence South along the centerline of Chicago Street to the centerline of Summit Avenue, thence West along the centerline of Summit Avenue and along the centerline of Summit Avenue extended West to the centerline of Fletcher Avenue, thence North along the centerline of Fletcher Avenue to the centerline of Black Hawk Creek, thence DRAFT DATE - 5/31/2019 72 Northeasterly along the centerline of Black Hawk Creek to the centerline of Westfield Avenue, thence Northwesterly along the centerline of Westfield Avenue to the centerline of West Conger Street, thence Northeasterly along the centerline of West Conger Street to the point of beginning 1st Precinct Of of The the Fourth Ward: The 1st precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of East Donald Street and the centerline of Logan Avenue, thence East along the centerline of East Donald Street to the centerline of Idaho Street, thence South along the centerline of Idaho Street to the centerline of Newell Street, thence West along the centerline of Newell Street to the centerline of Mobile Street, thence South along the centerline of Mobile Street to the centerline of Quincy Street, thence West along the centerline of Quincy Street to the centerline of Ankeny Street, thence North along the centerline of Ankeny Street to the centerline of Newell Street, thence Westerly along the centerline of Newell Street to the centerline of East Mullan Avenue, thence continuing Westerly along the centerline of Conger Street to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline of Kern Street, thence Northeasterly along the centerline of Kern Street to the centerline of East Mullan Avenue, thence Northwesterly along the centerline of East Mullan Avenue to the centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the point of beginning 2nd Precinct Of -of The the Fourth Ward: The 2nd precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Newell Street and the centerline of Ankeny Street, thence South along the centerline of Ankeny Street to the centerline of Quincy Street, thence East along the centerline of Quincy Street to the centerline of North Barclay Street, thence South along the centerline of North Barclay Street to the centerline of Shilliam Avenue, thence East along the centerline of Shilliam Avenue to the centerline of Jackson Street, thence South along the centerline of Jackson Street to the centerline of Merriman Street, thence East along the centerline of Merriman Street to the centerline of Bates Street, thence South on the centerline of Bates Street to the centerline of Douglas Street, thence East on the centerline of Douglas Street to the centerline of Mobile Street, thence Southerly along the centerline of Mobile Street and the centerline of relocated Mobile Street to the centerline of Martin Luther King Jr. Drive, thence Westerly along the centerline of Martin Luther King Jr. Drive to the centerline of the Chicago Central and Pacific Railroad right-of-way, thence Southeasterly along said railroad centerline to the centerline of the Union Pacific Railroad right-of-way, thence Southwesterly along centerline of said right-of-way to the centerline of Walnut Street, thence Northwesterly along the centerline of Walnut Street to the centerline of E. Fourth Street, thence Southwesterly along the centerline of E. Fourth Street to the Cedar River, thence Northwesterly along the Cedar River to the centerline of East Mullan Avenue, thence Northeasterly along the centerline of East Mullan Avenue to the point of intersection of the first spur line of the Chicago Central and Pacific Railroad, thence Northwesterly following said spur line to the point at which the centerline of Sycamore Street extended Northwesterly would intersect said spur line, thence Northwesterly along said spur line to a point where the most Westerly spur line of said tracks intersects the centerline of Lafayette Street, thence Southeasterly along the centerline of DRAFT DATE - 5/31/2019 73 Lafayette Street to the centerline of Utica Street, thence Northeasterly along Utica Street and its extension to the centerline of the spur line of the Chicago Central and Pacific Railroad, thence in a Northerly direction following the centerline of said spur line to the centerline of Conger Street, thence Easterly along the centerline of Conger Street to the centerline of East Mullan Avenue, thence continuing Easterly along the centerline of Newell Street to the point of beginning 3rd Precinct Of of the Fourth Ward: The 3rd precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the Cedar River and the centerline of East Fourth Street, thence Northeasterly along the centerline of East Fourth Street to the centerline of Walnut Street, thence Southeasterly along the centerline of Walnut Street to the centerline of the right-of-way of the spur line of the Union Pacific Railroad, thence Northeasterly along said railroad right-of-way centerline to the centerline of the right-of-way of the Chicago Central & Pacific Railroad, thence Southeasterly along said railroad right-of-way centerline to the centerline of Glenwood Street, thence East along the centerline of Glenwood Street to the centerline of Steely Street, thence South along the centerline of Steely Street to the centerline of Independence Avenue, thence East along the centerline of Independence Avenue to the centerline of Nevada Street, thence South along the centerline of Nevada Street to the centerline of Franklin Street, thence West along the centerline of Franklin Street to the centerline of Vinton Street, thence Southerly along the centerline of Vinton Street to the Cedar River, thence Northwesterly along the Cedar River to the point of beginning 4th Precinct Of -of The the Fourth Ward: The 4th precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the Cedar River and the centerline of Vinton Street, thence Northerly along the centerline of Vinton Street to the centerline of Franklin Street, thence East along the centerline of Franklin Street to the centerline of Nevada Street, thence North along the centerline of Nevada Street to the centerline of Independence Avenue, thence West along the centerline of Independence Avenue to the centerline of Steely Street, thence North along the centerline of Steely Street to the centerline of Alta Vista Avenue, thence East along the centerline of Alta Vista Avenue to the centerline of Idaho Street, thence South along the centerline of Idaho Street to the centerline of Butler Avenue, thence Southwesterly along the centerline of relocated Idaho Street to the point of intersection of the centerline of Dubuque Road and the centerline of Adrian Street, thence South along the centerline of Adrian Street to the centerline of Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Osage Avenue, thence Easterly along the centerline of Osage Avenue to the centerline of Dubuque Road, thence Southeasterly along the centerline of Dubuque Road to the city limit line, thence South along the city limit line to the point where the city limit line intersects the North line of the Cedar River, thence Southeasterly along the North line of the Cedar River to a point on said North line that would intersect a Southerly extension of the centerline of Randall Avenue, thence Northwesterly along the Cedar River to the point of beginning 5th Precinct Of of The -the Fourth Ward: The 5th precinct of the fourth ward shall embrace the DRAFT DATE - 5/31/2019 74 territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of North Barclay Street and the centerline of Quincy Street, thence East along the centerline of Quincy Street to the centerline of Mobile Street, thence North along the centerline of Mobile Street to the centerline of Newell Street, thence East along the centerline of Newell Street to the centerline of Idaho Street, thence North along the centerline of Idaho Street to the centerline of East Donald Street, thence West along the centerline of East Donald Street to the centerline of Moline Road, thence North along the centerline of Moline Road to the North city limit line, thence following the North and East city limit line in a clockwise direction to its intersection with the centerline of Independence Avenue, thence West along the centerline of Independence Avenue to the centerline of Idaho Street, thence North along the centerline of Idaho Street to the centerline of Alta Vista Avenue, thence West along the centerline of Alta Vista Avenue to the centerline of Steely Street, thence North along the centerline of Steely Street to the centerline of Glenwood Street, thence West along the centerline of Glenwood Street to the centerline of the right-of-way of the Chicago Central and Pacific Railroad, thence Northwesterly along said railroad centerline to the centerline of Martin Luther King Jr. Drive, thence Northeasterly along the centerline of Martin Luther King Jr. Drive to the centerline of relocated Mobile Street, thence Northerly along the centerline of relocated Mobile Street and the centerline of Mobile Street to the centerline of Douglas Street, thence West along the centerline of Douglas Street to the centerline of Bates Street, thence North along the centerline of Bates Street to the centerline of Merriman Street, thence West along the centerline of Merriman Street to the centerline of Jackson Street, thence North along the centerline of Jackson Street to the centerline of Shilliam Avenue, thence West along the centerline of Shilliam Avenue to the centerline of North Barclay Street, thence North along the centerline of North Barclay Street to the point of beginning. 6th Precinct Of of The the Fourth Ward: The 6th precinct of the fourth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Lafayette Street and the centerline of Adrian Street, thence North along the centerline of Adrian Street to the centerline of Dubuque Road, thence Northeasterly along the centerline of relocated Idaho Street to the centerline of Butler Avenue, thence North along the centerline of Idaho Street to the centerline of Independence Avenue, thence East along the centerline of Independence Avenue to the East city limit line, thence South and Northwesterly following the city limit line to its intersection with the centerline of Dubuque Road, thence Northwesterly along the centerline of Dubuque Road to the centerline of Osage Avenue, thence West along the centerline of Osage Avenue to the centerline of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to the point of beginning. 1st Precinct Of of The the Fifth Ward: The 1st precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of West Eighteenth Street and the Cedar River, thence Southwesterly along the centerline of West Eighteenth Street to centerline of Williston Avenue, thence Westerly along the centerline of Williston Avenue to the centerline of DRAFT DATE - 5/31/2019 75 Hammond Avenue, thence North along the centerline of Hammond Avenue to the centerline of Leavitt Street, thence West and Northwesterly along the centerline of Leavitt Street to the centerline of West Seventh Street, thence Southwesterly along the centerline of West Seventh Street to the centerline of Allen Street, thence Northwesterly along the centerline of Allen Street to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the centerline of Washington Street as originally platted, thence Southeasterly along the centerline of Washington Street as originally platted to the centerline of West Sixth Street, thence Northeasterly along centerline of West Sixth Street to the centerline of Jefferson Street, thence Southeasterly along the centerline of Jefferson Street to the centerline of the right-of-way of the Union Pacific Railroad, thence Northeasterly along the centerline of the Union Pacific Railroad to the Cedar River, thence Southeasterly along the Cedar River to the point of beginning 2nd Precinct Of -of The the Fifth Ward: The 2nd precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of Williston Avenue and the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Byron Avenue, thence East along the centerline of Byron Avenue to the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of West Ninth Street, thence Northerly along the centerline of West Ninth Street to the centerline of Leavitt Street, thence Southeasterly and Easterly along the centerline of Leavitt Street to the centerline of Hammond Avenue, thence South along the centerline of Hammond Avenue to the centerline of Williston Avenue, thence East along the centerline of Williston Avenue to the point of beginning. 3rd Precinct Of of The -the Fifth Ward: The 3rd precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline West Fourth Street and the centerline of Allen Street, thence Southeasterly along the centerline of Allen Street to the centerline of West Seventh Street, thence Northeasterly along the centerline of West Seventh Street to the centerline of Leavitt Street, thence Southeasterly along the centerline of Leavitt Street to the centerline of West Ninth Street, thence Southwesterly and Southerly along the centerline of West Ninth Street to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of Vermont Street, thence North along the centerline of Vermont Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Bayard Street, thence North and Northwesterly along the centerline of Bayard Street to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the point of beginning 4th Precinct Of of The -the Fifth Ward: The 4th precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: DRAFT DATE - 5/31/2019 76 Beginning at the point of intersection of the centerline Mitchell Avenue and the centerline of West Ninth Street, thence Southerly along the centerline of West Ninth Street to the centerline of Rudi Place, thence Northwesterly along the centerline of Rudi Place to the centerline of Saratoga Drive, thence Southwesterly along the centerline of Saratoga Drive to the centerline of Alpine Drive, thence Northwesterly along the centerline of Alpine Drive to the centerline of Barton Avenue, thence Northerly along the centerline of Barton Avenue to the centerline of Cataract Avenue, thence Westerly along the centerline of Cataract Avenue to the centerline of Edgemont Avenue, thence North along the centerline of Edgemont Avenue to the centerline of East Ridgeway Avenue, thence West along the centerline of East Ridgeway Avenue to the centerline of Kimball Avenue, thence North along the centerline of Kimball Avenue to the centerline of Carolina Avenue, thence East along the centerline of Carolina Avenue to the centerline of Hale Street, thence North along the centerline of Hale Street to the centerline of Byron Avenue, thence East along the centerline of Byron Avenue to the centerline of Vermont Street, thence South along the centerline of Vermont Street to the centerline of Mitchell Avenue, thence East along the centerline of Mitchell Avenue to the point of beginning 5th Precinct Of of The the Fifth Ward: The 5th precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline West Fourth Street and the centerline of Bayard Street, thence Southeasterly and South along the centerline of Bayard Street to the centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline of Hale Street, thence South along the centerline of Hale Street to the centerline of Carolina Avenue, thence West along the centerline of Carolina Avenue to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of West Ridgeway Avenue, thence West along the centerline of West Ridgeway Avenue to the centerline of Sheridan Road, thence Northerly along the centerline of Sheridan Road to the centerline of Berkshire Road, thence Westerly and Northerly along the centerline of Berkshire Road to the centerline of Hampshire Road, thence Northerly along the centerline of Hampshire Road to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the point of beginning 6th Precinct Of of The Fifth Ward: The 6th precinct of the fifth ward shall embrace the territory within the city limits of the city of Waterloo, Iowa, described as follows: Beginning at the point of intersection of the centerline of West Fourth Street and the centerline of Hampshire Road, thence Southerly along the centerline of Hampshire Road to the centerline of Berkshire Road, thence Southerly and Easterly along the centerline of Berkshire Road to the centerline of Sheridan Road, thence Southerly along the centerline of Sheridan Road to the centerline of West Ridgeway Avenue, thence East along the centerline of West Ridgeway Avenue to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of West Park Lane, thence Westerly and Southerly along the centerline of West Park Lane to the centerline of Colby Road, thence South along the centerline of Colby Road to the centerline of Rachael Street, thence West along the centerline of Rachael Street to the centerline of South Hill Drive, thence North along the centerline of South Hill Drive to the centerline of Rachael Street, thence West along the centerline of Rachael Street to the centerline DRAFT DATE - 5/31/2019 77 of Loralin Drive, thence South along the centerline of Loralin Drive to the centerline of Ridgemont Road, thence West along the centerline of Ridgemont Road to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the point of beginning (Ord. 5066, 8-8-2011, eff. 1-15-2012) CHAPTER 810 MUNICIPAL FINANCES 1-810-1: DEEDS AND CONTRACTS: 1-810-32: CLAIMS: 1-810-43: GENERAL FUND: 1-810-1: DEEDS AND CONTRACTS: A. Execution Of of Deeds Conveying City Property: All deeds and releases for the conveyance of any real estate belonging to the city shall be made in the name of the city, as party of the first part, and shall be executed by the mayor and the city clerk in their official capacity, and they shall affix the corporate seal of the city thereto; such deed or release shall thereupon be acknowledged by the mayor and city clerk for and on behalf of the city, which deed so executed and acknowledged shall be valid and effectual to convey all rights and release all claims thereby purporting to be conveyed or released. B. Execution of Deeds Acquiring New City Property: All deeds and releases for the conveyance of any real estate acquired by the city not through annexation shall be made in the name of the city, as party of the second part, and shall be executed by the mayor and the city clerk in their official capacity, and they shall affix the corporate seal of the city thereto; such deed or release shall thereupon be acknowledged by the mayor and city clerk for and on behalf of the city, which deed so executed and acknowledged shall be valid and effectual to convey all rights and release all claims thereby purporting to be conveyed or released. Property acquisitions shall be approved by resolution except any property acquired by the city through court order shall be received and filed with the official records of the city council. BC. Execution Of of Contracts: 1. All contracts entered into by the city, except such as may be entered into by ordinance, shall be in writing, executed by the mayor,. in his official capacity and under the direction of council, with the corporate seal of the city affixed thereto, and approved by the city council, which approval shall be endorsed on the contract by the city clerk, and attested by the city clerk's seal and signature. DRAFT DATE - 5/31/2019 78 2. The city shall not be bound by, or be liable upon, any contract except such as shall be entered into and executed in accordance with the provisions of subsection B1 of this section. (Rev. Ord. 1127, Comp. 1941, p. D-3) 1.,8..2 PURCHASES: ided in mtnts of the city, unless ordered by the city co1 session, a wri. purchased. C. Any officer or employees of t1 other than on such a written order. (Retie. Ord. 1171, Comp. 1911, p. P 7) 1-810-32: CLAIMS: All bills and claims against the city shall be itemized, and shall not be allowed until approved by the proper committee„ and others employed by contract. (Rev. O: 1-810-43: GENERAL FUND: esol ution A. The city shall establish and maintain a minimum level of year-end general fund cash balance of no less than five percent (5%) of the total general fund revenue budgeted or amended each fiscal year. The city council shall adopt the annual operating budget each fiscal year in a manner consistent with the required minimum level of year-end cash balance. Budget deficit reduction measures shall be taken in the course of each fiscal year should it be determined that without such measures the general fund cash balance would fall below the required minimum level of year-end general fund cash balance at the close of that fiscal year. B. Upon adoption of this section, the mayor and city council shall implement and exercise the necessary budget controls to enable the city to comply with this section within the prescribed time allowable stated herein. The general fund cash balance shall be at the minimum required level of five percent (5%) of annual general fund revenue no later than June 30, 1996. (Ord. 4012, 4-25-1994) Lions: gs and structures and includes new buildi DRAFT DATE - 5/31/2019 79 structures which are constructed as additions to existing buildings and structures. New construction does not include reconstruction of an rre or refitting of an existing building or structure, unless the reconstruction of an existing building or structure to ^ ^bsolcs^^nce „ d industry he reconstruction is process t il u on the recommendati s y a rr ry � 1 estate pursuant toIowa Code section'12-7A1(1), trrrless the machinerpment is part of the normal. replacement or eper-a-ti" P 4i emption For Construction Or Improvement Of Industria cvu+ eia � c ris se ccivi�Frvvrci fQr cz�a l c rea,Ft, f w w+y-�u�z�at var of-.�ziet &a1 value added to industrial real estate by the new construction of industrial real 'atate and the Iowa Code section 427A.1(1 C. Period Of Eligibility; Rate Of the reasons specified in this section is eligible to receive a partikl exemption from taxation for a per - _ „ e ae ual value added as of the-fcecivc determ' .. .. , of January 1 of each year for which the exemption is received. The amount of actual. value added. whie '� n7:,<;r�7 e b �v^ ^* {r^ ° *,vr,t ^rir 1i be as folk -����; - r.�-,�-�-�n-�a-� n- roc-��. 3. For the third year, forty five percent (145°/,). 5. For the fifth year, fifteen percent (15%). 1-lowever, the gr f w11 not result in the industrial real estate before the start of the o ce+ & Fuclic�� a d. D. Application: DRAFT DATE - 5/31/2019 80 41-all be -filed by the owner of the property exemption shall be made on for shall contain information pertaining g requirements o mpleted and found to be quali exemption for new c proposal to the city council to E. Repeal Exemption Provisions: When, may repeal this section, but a property tax e ARTICLE A. HOTEL AND MOTEL TAX 1- 10A-1: TAX IMPOSED: 1-;10A-2: DEFINITIONS: 1- x=;10A-3: ADMINISTRATION: 1-.k;10A-4: FUND CREDITED: 1- 10A-5: TAX PERMIT: 1-A10A-6: PROVISIONS OF RETAIL SALES TAX APPLICABLE: 1- 10A-7: LOCAL TRANSIENT GUEST TAX FUND: 1--A10A-1: TAX IMPOSED: ting in plications for the city coun.c ruction. The city n amended ceived any other There is hereby imposed by ordinance of the city council a hotel and motel tax at a rate of seven percent (7%) upon the gross receipts from the renting of any and all rooms, apartments or sleeping quarters in any hotel, motel, inn, public lodging house, rooming house or tourist court, or in any place where sleeping accommodations are furnished to transient guests for rent, whether with or without meals. The tax shall apply only within the corporate boundaries of the city. DRAFT DATE - 5/31/2019 81 The hotel and motel tax shall be imposed on April 1, 1981, following the notification of the state director of revenue and finance. Once imposed, the tax shall remain in effect at the rate imposed continually and perpetually thereafter until terminated by ordinance of the city council. (Ord. 4052, 11-14-1994) 1- 10A-2: DEFINITIONS: RENTING AND RENT: Includes any kind of direct or indirect charge for such rooms, apartments, sleeping quarters or the use thereof. However, such tax shall not apply to the gross receipts from the renting of a room, apartment or sleeping quarters while rented by the same person for a period of more than thirty one (31) consecutive days. (Ord. 4052, 11-14-1994) 1- 10A-3: ADMINISTRATION: The state director of revenue and finance shall administer the provisions of the hotel and motel tax as nearly as possible in conjunction with the administration of the state tax law. Said director shall provide appropriate forms, or provide on the regular state tax forms, for reporting the hotel and motel tax liability. All monies received or refunded one hundred eighty (180) days after the date on which the city terminates the hotel and motel tax shall be deposited in or withdrawn from the state general fund. (Ord. 4052, 11-14-1994) 1-1-%10A-4: FUND CREDITED: The director of revenue and finance of the state, in consultation with local officials, shall collect and account for the hotel and motel tax and shall credit all revenues to a "local transient guest tax fund" as set forth in Iowa Code chapter 422A. (Ord. 4052, 11-14-1994) 1-;10A-5: TAX PERMIT: No tax permit other than state tax permit required under Iowa Code section 422.53 may be required by local authorities. (Ord. 4052, 11-14-1994) 1-A10A-6: PROVISIONS OF RETAIL SALES TAX APPLICABLE: The tax herein imposed and levied shall be in addition to any state sales tax imposed under Iowa Code section 422.43. The provisions of Iowa Code sections 422.25(4), 422.30, 422.48 to 422.52, 422.54 to 422.58, 422.67, 422.68, 422.69(1), and 422.70 to 422.75, consistent with chapter 422A, shall apply with respect to the taxes authorized under said chapter 422A, in the same manner and with the same effect as if the hotel and motel taxes were retail sales taxes within the meaning of those statutes. Notwithstanding the provisions of this section, the director of revenue and finance of the state shall provide for only quarterly filing of returns as prescribed in Iowa Code section 422.51. Further, said director may require all persons as defined in Iowa Code section 422.42, who are engaged in the business of deriving gross receipts subject to tax under DRAFT DATE - 5/31/2019 82 Iowa Code chapter 422A, to register with the department of revenue and finance of the state. (Ord. 4052, 11-14-1994) 1-A10A-7: LOCAL TRANSIENT GUEST TAX FUND: A. There is created in the office of the state treasurer a local transient guest tax fund which shall consist of all monies credited to such fund under this article. B. All monies in the local transient guest tax fund shall be remitted at least quarterly by the state treasurer, pursuant to rules of the director of revenue and finance of the state, to the city in the amount collected from business in said city. C. Monies received by the city from this fund shall be credited to the general fund of such city, subject to the provisions of subsection D of this section. (Ord. 4052, 11-14-1994) D. The revenue derived from any hotel and motel tax authorized by this article shall be used as follows: 1. Fifty percent (50%) to the Waterloo convention and visitors bureau for the promotion of tourism. 2. Twenty percent (20%), or a minimum of one hundred fifty thousand dollars ($150,000.00), to the Five Sullivan Brothers Convention Center. 3. Ten percent (10%) to the Waterloo city council for discretionary purposes. 4. Twenty percent (20%) to recreation, culture, conventions, entertainment. The board of directors of the Waterloo convention and visitors bureau shall make recommendations every January to the city council concerning the allocation of these funds. (Ord. 4584, 10- 28-2002) DRAFT DATE - 5/31/2019 83 CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IOWA 50703 (319) 291-4327 (319) Memo To: Kelley Felchle, City Clerk From: Martin M. Petersen, City Attorney CC: Date: 10/14/2019 Re: Censure Questions LEGAL DEPARTMENT 1. It is my opinion that the council persons who are the subject of an investigation should be allowed to vote on the resolution authorizing the investigation committee. 2. The investigation committee does not have the ability to subpoena. Further, I do not believe that the committee has the ability to compel someone to cooperate. I do not believe a lack of cooperation would be considered an admission. The lack of cooperation could be noted in the report. 3. It is my opinion that the reference to due process means that the individual is entitled to procedural due process under Article 1-6B. I believe that the City Attorney would ensure that the procedures outlined in 1-6B are followed. 4. I do not believe that the third line of 1-68-5(F) is referring to a public hearing entitling the public to speak. I believe the reference to the public censure hearing is a reference to an open meeting of the City Council. 5. I do not believe that the Council could go into closed session. The only scenario by which I think it would be appropriate would be if the person under investigation threatens litigation. That would allow the Council to go into closed session to discuss the risk of litigation. 6. I do not believe any person being investigated would have a right to request a closed session. 7. I don't think Council could take away the right of a person to be represented by a lawyer. 8. Nothing could stop the person under investigation from suing the City if they believe they have been slandered or libled. I think the other members of the City Council would be protected from liability if Iowa Code Section 66, relating to Removal of Public Officials was followed. 9. Under the current wording of 1-6B-3 committee rnembers submitting the complaint would be the only investigators prior to the asking for a Resolution authorizing the investigation to occur. 10. The City Attorney and City Clerk do not think Article B should be adopted. The other two options available are to remove Article B, or in the alternative, adopt a version of Iowa Code Chapter 66. 1 11. Because Council Members are protected by the State's election laws, it is my opinion that no punishment should be allowed by Article B other than a censure resolution. Martin M. Petersen City Attorney ® Page 2 Article B Censure of Elected Officials 1-6B-1: Purpose: 1-6B-2: Censure Defined: 1-6B-3: Censure Motion: 1-6B-4: Censure Process: 1-6B-1: Purpose: It is a public reprimand aimed at correction of the member's action(s) or behavior(s) so as to prevent future occurrence of further acts by that member regarding the adopted Rules of Procedure. 1-6B-2: Censure Defined: A Main Motion expressing a strong opinion of disapproval that is debatable by the Council and adopted by a majority. Censure is an exception to the general rule that " a motion must not use language that reflects on a member's conduct or character, or is discourteous, unnecessarily harsh or is not allowed in debate". The Presiding Officer may, also, be censured. (Grounds for such are located in Robert's Rules Newly Revised.) 1-6B-3: Censure Motion: When a member of the Council believes that a serious violation of the Rules of Procedure has occurred, that member can introduce a Main Motion to Censure. 1-6B-4: Censure Process: A Motion for Censure requires a "Second", is "debatable", is "amendable", is subject to the parliamentary process and requires a majority vote of all Council members. When a Motion to Censure is passed, the Presiding Officer (or Chair) addresses the censured member by name announcing, e.g. " Brother/Sister , you have been censured by vote of the Council indicating this Council's disapproval of your named conduct/behavior. This is a warning from the Council for you Brother/Sister to take due notice of this censure and govern yourself accordingly. Should the Motion to Censure not be "Seconded" or be defeated by fading to gather a majority vote, no further action proceeds. ARTICLE B CENSURE OF ELECTED OFFICIALS 1-6B-1: PURPOSE: 1-6B-2: CENSURE DEFINED: 1-6B-3: COMPLAINT PROCEDURE: 1-6B-4: CENSURE 1-6B-1: PURPOSE: Elected officials may pursue formal action in the form of censure to deter violations of this code and violations of adopted city policies. 1-6B-2: CENSURE DEFINED: Censure is a formal reprimand of a council member or the mayor for specified conduct that violates this code or adopted city policies. Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional. Censure carries no fine or suspension of the rights of the member or mayor as an elected official. 1-6B-3: COMPLAINT PROCEDURE: A. Any member of the city council may file a complaint concerning an alleged violation of this code or of city policy by a council member or the mayor. The complaint shall provide specific allegations and supporting evidence of specific conduct alleged to violate this code or adopted city policy. The complaint shall be filed with the mayor, or if the mayor is involved, with the mayor pro tem. B. The mayor or mayor pro tem shall forward the complaint to the city attorney, police chief, human resources director, or other proper authority to conduct an investigation to determine whether the allegations in the complaint violate this code or city policy C. Within thirty (30) calendar days from the date a complaint is filed, the mayor or mayor pro tem shall produce a written report stating whether sufficient evidence exists to warrant censure. A resolution recommending censure shall be placed on the city council agenda for a vote within fourteen (14) days of the date of the report. If the report is in the negative, the complaint shall not proceed to censure. A negative report may recommend corrective action be taken by the accused to prevent further issue. 1-6B-4: CENSURE: A city council decision to censure shall be adopted by resolution. The resolution shall list the findings, based on sufficient evidence that the person accused has engaged in conduct that constitutes a violation of this code or adopted city policy. The resolution shall be approved by five affirmative votes of the council. The accused council member or mayor may participate in deliberations. The accused council member may vote on the censure resolution. Revisions to Title 1 of the Waterloo City Code First Draft to Council 5/31/2019 RULES OF PROCEDURES INCORPORATED INTO CITY CODE Table of Contents CHAPTER 1 OFFICIAL CITY CODE 2 CHAPTER 2 MUNICIPAL CHARTER AND SEAL ..... ..... ....... ........ ............. ....... 5 CHAPTER 3 GENERAL PENALTY ....... ................................ ..„ ............ ....... .„..„.... ....... 6 CHAPTER 4 ROLES AND DECORUM OF ELECTED ......... ............. 7 CHAPTER 5 MEETINGS ANT) AGENDAS 9 CHAPTER 6 RULES OF PROCEDURE 1.3 ARTICLE A CONFIDENTIAL INFORMATION .121g ARTICLE B CENSURE OF ELECTED OFFICIALS 2120 CHAPTER 7 MUNICIPAL OFFICIALS 28 ARTICLE A. CITY CLERK 728 ARTICLE B. CITY ATTORNEY 3130 ARTICLE C. CHIEF FINANCIAL OFFICER ....................... ............. ..... ............ 234 CHAPTER 8 MUNICIPAL DIVISIONS AND DEPARTMENTS 19-5 ARTICLE A. DIVISION OF ARTS AND LEISURE 3236 ARTICLE B. DIVISION OF COMMUNITY PLANNING AND DEVELOPMENT 3730 ARTICLE C. DIVISION OF PUBLIC WORKS 3928 ARTICLE D. AIRPORT 4140 ARTICLE E. FIRE RESCUE 41 ARTICLE F. HUMAN RESOURCES 4142 ARTICLE G. HUMAN RIGHTS COMMISSION 4443 ARTICLE H. LIBRARY 4143 ARTICLE 1. POLICE DEPARTMENT 4443 ARTICLE J. TECHNOLOGY SERVICES 4746 CHAPTER 9 MUNICIPAL ELECTIONS 6169 CHAPTER 10 M.UNICIPAL FINANCES 78 ARTICLE A. HOTEL AND mom', TAX 82.84 Nate: TVords in red with a strike through effect are proposed deletions. Words in Nue with an ?Moline effect are proposed additions. CHAPTER 1 OFFICIAL CITY CODE 1-1-1: CODE DESIGNATED: 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: 1-1-3: CATCHLINES: 1-1-4: EFFECT OF REPEALS: 1-1-5: ALTERING THE CODE: 1-1-6: AMENDMENTS TO CODE: 1-1-7: SEVERABILITY: 1-1-1: CODE DESIGNATED: The ordinances embraced iri the following titles, chapters and sections constitute and are designated the CITY CODE OF THE CITY OF WATERLOO, IOWA, and may be so cited. (1970 Code, § 1.-1) 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: In the construction of this code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or repugnant to the context of the provisions: CITY: Th.c city of Waterloo, .lowa, and extended to its several officers, agents and employees. I CITY ATTORNEY: 'Fhe chief legal officer of the city,..-„and-iniz:+tiRtes-the-eity-solieitor: CITY CLERK: The city clerk. of the city. COMPUTING 'EWE; HOLIDAYS: In computing time, the first day shall be excluded and the last included, unless the last day falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday; provided that, whenever the last day for the commencement of any action or proceedings, the filing of any pleading or motion in a pending action or proceedings or the perfecting or filing of any appeal from the decision (Wally court, board, commission or official falls on a Saturday, a Sunday or any recognized legal holiday, the time therefor shall be extended to include the next day which is not a Saturday, Sunday or such legal holiday. COUNTY: The county of Black Hawk in the state of Iowa. DELEGATION OF AUTHORITY: Whenever a provision appears requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise. GENDER: Words importing the masculine gender et*--slialli-n-ay-be extended to females. DRAFT DATE - 5/31/2019 2 JOINT AUTHORITY: Words giving a joint authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of them, unless it is otherwise expressed. LAND, REAL ESTATE: The word "land' and phrases "real estate" and "real property" include land, tenements, hereditaments and all rights thereto and interest therein, equitable as well as legal. MONTH, YEAR: The word "month" means a calendar month and the word "year" means a calendar year. NUMBER: Words incorporating the singular number may be extended to several persons or things, and words importing the plural number may be applied to one person or thing. OATH OR AFFIRMATION: The word "oath" includes affirmations in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". OFFICIALS, BOARDS, COMMISSIONS, ETC.: Whenever reference is made to officials, boards and commissions by title only, i.e., "council", "clerk", "the mayor" etc., they shall be deemed to refer to the officials, boards and commissions of the city of Waterloo. OR, AND: "Or" may be read "and", and "and" may be read "or" if the sense requires it. PERSON: Includes and is applied to corporations, associations, clubs, societies, firms, partnerships, municipalities and bodies politic and corporate as well as to individuals, PERSONAL PROPERTY: Includes money, goods, chattels, evidences of debt and things in action. PROPERTY: Includes real and personal property. STATE: The state of Iowa. TENSE: Words used in the present or past tense include the future as well as the present and past. WORDS AND PHRASES: Words and phrases shall be construed according to the context and the approved usage of the language; technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such meaning. WRITTEN, IN WRITING: Any mode of representing words and letters in general use, except that signatures, when required, must be made by the writing or mark of the person. (1970 Code, § 1-2; amd. 2001 Code) DRAFT DATE - 5/31/2019 3 1-1-3: CATCIILINES: Unless set out in the body of the section itself, the catch! nes of the several sections and/or subsections of this code do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section and/or subsection. (1970 Code, § 1-3) 1-1-4: EFFECT OF REPEALS: The repeal of an ordinance does not revive an ordinance previously repealed, nor affect any rights which have accrued, any duty imposed or any proceedings commenced under or by virtue of the ordinance repealed. (1970 Code, § 1-5) 1-1-5: ALTERING THE CODE: It is unlawful for any person to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will causc thc law of the city to be misrepresented thereby. (1970 Code, § 1-6) 1-1-6: AMENDMENTS TO CODE: A. All ordinances passed subsequent to this code which anmd, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from this code by omission from reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this code and subsequent ordinances numbered or omitted are readopted as a new code. 1LAmendments to any of the provisions of this codc may be made by amending such provisions by specific reference to the section number of this code in substantially the following language: "That section of the city code of Waterloo, Iowa, is hereby amended to read as follows....". The new provision shall then be set out in full as desired. C,„In the event a new section not heretofore existing in this code is to be added, the following language may be used: "That the city code, city of Waterloo, Iowa, is hereby amended by adding a section, to be numbered , which said section reads as follows: ...". The new section shall then be set out in full as desired. (Ord. 3522, 1-25-1988; amd, Ord. 3855, 4-13-1992) 1-1-7: SEVERABILITY: The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared invalid, unenforceable or unconstitutional by the valid judgment or decree of a court of competent DRAFT DATE - 5/31/2019 4 jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (1970 Code, § 1-4) CHAPTER 2 MUNICIPAL CHARTER AND SEAL 1-2-1: MUNICIPAL CHARTER: 1-2-2: MUNICIPAL SEAL: 1-2-1: MUNICIPAL CHARTER: A. Purpose: The purpose of this section is to provide for a charter embodying the form of government existing on July 24, 1972. B. Citing Charter: This section may be cited as .the CHARTER OF THE on OF WATERLOO, IOWA. C. Form Of of Government: The form of government of the city is the mayor -council form of government, D. Powers AriEl-anADuties: The city council and mayor and other city officers have such powers and shall perform such duties as arc authorized or required by state law and by the ordinances, resolutions, rules and regulations of the city. E. Number And,and Term Ora Council: The city council shall consist of two (2) councilpersons elected at large and one councilperson from each of the five (5) wards as established by ordinance, elected to hold office as follows: 1. In the election to be held in 1993, the councilpersons from wards one, three and five shall be elected for a term of four (4) years. The councilpersons from wards two and four shall be elected for a term of two (2) years. The at -large councilperson who receives the highest number of votes is elected for a four (4) year term; the other is elected to a two (2) year term. 2. Thereafter, each councilperson shall be elected for a term of four (4) years. F. Term Of -of Mayor: The mayor is elected for a term of two (2) years. G. Copies On-on_File: The city clerk shall keep an official copy of this charter on file with the official records of the city clerk, shall immediately file a copy with the secretary of the state of Iowa, and shall keep copies of the charter available at the city clerk's office for public inspection. (Ord. 2603, 8-14-1972; arnd, Ord. 3856, 4-13-1992) DRAFT DATE - 5/31/2019 1-2-2: MUNICIPAL SEAL: A seal, having in the center the words "WATERLOO, IOWA", and around the margin the words "City Seal", be and the same is hereby declared to be the common seal of the city. The city clerk shall procure such a seal, iFfki-die-ttor-shall-have the custody of the seal, and cause it to be affixed to all transcripts, orders, or certificates, which it may he necessary or proper to authenticate. (Rev. Ord. 1188, Comp. 1941, p. S-9) CHAPTER 3 GENERAL PENALTY 1-3-1: GENERAL PENALTY: 1-3-2: MUNICIPAL INFRACTIONS: 1-3-1: GENERAL PENALTY: The doing of any act prohibited or declared to he unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine in line with maximums allowed by_slate lawitmt-surn-not exc-eeding-TiveTtundre-d-dollars*'5f10,00)-or imprisonment not to exceed thirty (30) days. (Ord. 4441, 10-16-2000) 1-3-2: MUNICIPAL INFRACTIONS: A. Definitions: As used in this section, or with reference hereto, the following words and terms shall have the meaning ascribed thereto: MUNICIPAL INFRACTION: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor, by this code or any ordinance or code hereby adopted by reference, or omission or failure to perform any act or duty requested by this code or any ordinance or code herein adopted by reference. A violation shall not be a municipal infraction if it is a felony, an aggravated misdemeanor or a serious misdemeanor under state law or if the violation is a simple 111 isdemeanor under Iowa Code chapters 687 through 747. A municipal infraction is punishable by civil penalty as provided herein. OFFICER: Any employee or official authorized to enforce this code of the city of Waterloo. REPEAT OFFENSE: A recurring violation of the same section of this code. Adoption Of of Iowa Code On Municipal Infractions: Iowa Code section 364.22, municipal infractions, is hereby adopted by reference, in its entirety, All amendments to Iowa Code section 364.22 shall automatically modify this section. (Ord. 4920, 7-14-2008) C. Penalties: The civil penalties for municipal infractions will be in line with maximums allowed by state law. (Ord. 5133, 10-1-2012) DRAFT DATE - 5/31/2019 6 D. Notice 01=of Violation: Any act constituting a municipal infraction under this code may be initially charged upon simple notice of violation. The city may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the party's last known address, A person who admits the reported violation may remit payment of the penalty to the city and perform any other act required to be performed, and in such event the person charged shall not be further prosecuted by issuance of a municipal infraction citation and will not be assessed any costs or other expenses for such violation. The city shall retain all penalties thus collected. If the person charged denies the reported violation or fails to timely perform any act required to be performed by the notice of violation, a civil municipal infraction citation shall be served in the manner prescribed by the applicable provision(s) of this code. Nothing in this section imposes a duty on the city or any officer to initially charge any act or all acts constituting a municipal infraction upon simple notice of violation, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief, (Ord. 4920, 7-14- 2008) 6,--Afin+"mistrative-Ilees-Htfao-ottieer-ollthed.e-etifefeefifetit-4i-v-i-sieft-is-FeEti+i-f,ed-ift-the-saftie ealefidar-yeaf-to-issue-a-seeelift-R4iee-4-y-ieltA4efiTiiiiiiiit4ral-ififfaer-ion-eitittief+FoilleHilietiee ofiaiNttenleH+-fof444\4G-A-iatLiti,s-io-fi-pvepeft-y-ewner—l'4r--afy-otfense-at:--fhe--same-pfepefiy.-,an adiit-i-nifitHetive-fee-et:Eytte-htHidfeiii-dellios-4400,00)-wilkbe-chargffi-te-the-property-oomier-in ttddition-te-afty-otlie+,47tRes7reesrpeffill-ties-oFeests-ifyipasedrand-cof-adklitiolial-notiees-or eitation,s-iii-441e-,-5affie-ealendar-year-the-adtpiaistfati:K--fee-sitall-be-Htree-littfid-FeEkktlior,-5 (4;4100,04 .H.:-i=te-eitt=-aefiiANittl-tnai-hett+tAeoient-ofihe-adfr+ifFistfative-fee-to-the-Past-knfywR a0EtFe.is-o4-44:te,-owner-aR4er-persoR4n-peyssessiott-oc-the-prepei1Hy-as-showfr-b.,y-the-peeofdy: +A:the eemity,Notiee-shall-be,13y-oftlinaiT-titerit ---Said-staten9-ertt-shittl-be-Ekte-attel-rit-bk^-titxifFillaitifit fmd-shatt-keekynie-delinquertt-il;not-paid-tv-ithifF-tefri4O)-dffy!H+fLthe-fffail-iftg-4ate-e441:te-cto+iee-as evideneed-by-th€,--ktate-ollf.ia-id-mifiliftg,-Afty-d-eliftquent-fees-nlay-be-assessed-again5Ethe-propePt-y fin-eelieefi.--iti-the-saftte-fitatuier-as-a-prepedy-+axras-provi(ted-in-state-taw,A-pcoy-rvhe-wkthes to-eoiltestHthe-attniiiti,sliiftivefee-ifay-ftle-aft-appea-kiii-theinanimer-pfes-efibed4yy-strtyse,4i-efi-B-of this-eode,:ntis-prtyvisien4Hif4-1-i-ffifited-to-repea1-efferHetf,-t*rt-is-ift-tiNiElet-to-af)pt-to-atty subsequeftt-potieeTeitatiefiTor-aty4e-titc-f.t-e-rdeHis--set-fofth-abev-eTtl-tat-i-s-%ted-t>y-ft-e,ode eg-tefeemew-officeFiii-the-sitnie-ealertdar -year-in-fespeet-ef-the-stwfte-pfepefty,(Ofd,42-4274-2S- 2014) CAA PTER 4 ROLES ANI) DECORUM OF .ELECTED OFFICIALS ROLE OF MAYOR AND COUNCIL: 1-4-2: COUNCIL MEMBER COMMUNICATIONS WIT CITY EMPLOYEES: 1-4-3: CO UNCIL„M EMBERS ANI) THE EMPLOYEE ..DISCIPLINARY PROCESS: 1-4-4: COUNCIL MEETING DECORUM: .1-4-5: SPEAKING DURING PUBLIC MEETINGS: DRAFT DATE - 5/31/2019 7 14-1: ROLE OF MAYOR AND C',OUNCIL: A. Mayor: The mayor is the chief executive officer of the city,. head of the executive branch of the citypercmonial head cat City and, whenpresent t a council meet inis EesiditivAlicer °tithe council, As head of the executive Iminch of the city, the inavor oversees the daily itdminisWition of the cityhy_supervising and directing_all city...employees tnddepitrtments. The mayor shall recommend the appointment of department heads with the consent of council, B. Council: city council is tlic legislative body °Ilk city and exercises its powers and duties as a quorum °reunited tnembers during,open meetings. C.ounci I is reswnsible for enitclinglaws and settiagaplicy by „which the city_ta.kes action 1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES: A. Council members shall refrain from becomin.g directly involved in the administrative activities 4rIcidaily 1 esi2o1si hi I it ies of emplog..,s„,...„(.'nunej line tubers may make in qu ri esof department heads or their designe4Torthelimited legllitualeptwc„of in form in ,:ltert elves _ Comment [AL01]: 7/15/2019-32:54 ..... rcParOillg 4gglida iteITIS or important affairs of an immediate and utgent nature. 'Fhe Mayor limy choose to establish formal procedure for council -department head interaction and department head support of council. committees. Council members may fully Jiind ,freely discuss with the triavolyanythingperta in inglo city affairs, B, City...council shall avo.id situations that can result in city employees beingAirected, intentionally or unintentionally. by one or more members of the. council. While council member interziction with the city's employees is unayokkible_giving direction in regard to other city employees. duties,. working conditimis„ supervisors etc_ is discotmtged, If an employee voices a concern or complaint with them. council members mayJisten to such concerns and complainl, and shall then refer any such cowlaints back to the mityor,or. if the maygy is involved in the matter to the human rCSOUreCs director, tor follow up and action if needed, (immeil members rnity,semind the cit em )Io fees that they have a number of resources at their disposal to address employment issues if needed,. jncluding,..the =plaice handbookor tollowingthe grievance procedures set forth in .their collective baraining±agticement in the case of a. union emplo)se. This section shall not be construed ris J.)sohibiting or discounitging employeesfrom reporting criminal acts or serious acts olperisonal misconduct that violate the employee handbook,. C.. In situations in which an employee approaches a council member and the communication does not involve a corn_plaint or concern with regard to other eitysmployees,_ duties, working conditions, supervisors or other terms of etriployment. council .members maylireely spells with the =plaice, .1.-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS: A. cftuneil members shall not become, involved n disciplinary matters and the disciplinary or inyestlaive process except vhere adopted city policy or state law may allow such participation, DRAFT DATE - 5/31/2019 8 B. Council members shall operate within thc established chain of ( OIBIUlI1d 1he established chain oft:um:nand reqUOI`CS the maysir„department„Ticads, managcrs._rindstipervisors to oversee :ind direct Mei! workforce on behalf of the ejiy. The human resources director and mayor are required to ensure city policies are consistently_ripplied across all departments. This is to avoid inconsistent or political influences in the investigative or disejplin:n3 process,\vh ich may lead to arbitration, civil service proceedings or litigation. I-4-4: COUNCIL MEETING DECORUM: A The presidioz_ofticer shall pfeserve order and decoriumprevent attrichs_gu wrsonalities and. the impugning of members' motives, confine membersin deliberrition rind debate .to the question under discussion. an.d decide allquestions of order. 13. Every member of thepublic and everysouncil. member &skint° s_peak shall address the p1 sidim2 officeonly upon reco2nition bythe_psesidin_g_officer, and shrill confine comments to the question under debate,„avoiding_lnappropriate lafiguage and personal attacks. 1-4-5: SPEAKING I/URING PURIM: MEETINGS: A. When two e council members address the presiding pffis:er at once, the presiding officer SIN MUIR: the member \vho is to sneak. Council members shall rethiin from discourse while another member or the pre,slding_officelsspeakini4. phoncjind email use shall bc linlilec11(1111•11,..1111V..CitY CO111161 Meet i.111',. I'ij)lioflsilfl 1.1(-',1r.111.1ed r11111clici=fi \11) (11'lhe presiding officer. ( otincil members shall only speak once until each member choosing to speak shall have spoken. C. Council members shall only_have the floor for a maximum of three minutes each time the have the floor, i( (.)rincil members may res..,west time in addition to the al kilted three minutes. Stich requests for additionaltime shrilt be made to the presidipt4 officer and_grmles) zit the presiding2ifficer's discretionl 1,:). The presiding.officer mrty make a call to order if a council member violates rules of decorum, and win such rt call the council member shall immediately cerisespeakirig. The council member rnriv tippeal to thepresiding Officer lbr lfl opporturay±to_explain the remarks. If no ripper:1;s mtide. the decision of the presiding of ficer shall be conclusive. but. the member shrill appeal from the decision of the presidingpflicer the council shall decide the_question without debate by majorityLyote. CHAPTER 5 MEETINGS AND AGENDAS QUORUM: 1-5-2: MEEHOD OF KEEPING MINIJTES: .-5-3: 014DER. OF SEATING: DRAFT DATE - 5/31/2019 9 Comment [AL02]; 7/15/2019 - 66:53 Continent [AL03]: 7/15/2019-53:28 1-5-4: MEETINGS: 1-5-5: STANDING COMMITTEES OF COUNCIL: 1-5-6: SPECIAL COMMITTEES: C(HINC1L ISIEMBIli:R. ABSENCE: 1-5-8: COUNCIL PAWFICIPA7110N VIA TELEPHONE: 1-5-9: ORDER OF BUSINESS FOR REGULAR MEETINGS: AFFIRMA'HIVE MO'FIONS 1-5-11: PLACING ITEMS ON THE AGENDA: A. litabrity_91the whole number (:)f. members of the council to which the eity„„is entitled shall be necessaryto constitute a quorum, The number al members needed ibr a quorum of the city council is !bur (4), I.,ess than al:worm:It mayakourn and compel the attendance of mem.bers. -5-2: METHOD OF KEEPING MINUTES: A. Minutes of all meetings shall be maintained byjhe cky clerkas aaciananent record.. A record shall be made of the tu.trnes and :,:tddresses ofjpersons ,t.d.dressing council and a summary of their remarks,. 'Minutes shall be available for viewing by any member of thepublie during normal city hall business hours aS soon aS the minutes of the meeting_are complete, Minutes Shill be made ay.t.iI.Lible no later than the, close of business on the Friday prior to the next res,plar council meeting 13. Council members shall notify the city elerkprior to the start or the meetiug Of a correction to thc previous mecting:s minutes is suggested to allow the city clerk time to verify that such it fec.Rtd., 1-5-3: ORDER Of SEATING: ...maned members shall oecupy_the respective se:, -its in the council chambers.assitmed to them by the mayor. 1-5-4: MEETINGS: A. Regular Meetings: Regl_llar meetings of th.e clay council shalt be held on thel9eed-and-fowth _ _ Ifirgf0colOod9v..9ficach mo9th aUhC cotincilchambers iti,thesitybalj at Rye _thirlyo!clock (5.:3qp..m.. o 11such other desigmited pkice other than the council chambers pursuant to Subsection .13 0.r this sectiorLhowever. when a meetini2. date .fal Is on a day designated by the city as a hollidtty, then the re_gultti: meeting_sh.all be held on the following eveninv at five thirty_oclock. (53()) P.M. in the council chambers at the city hall. or at such other desighlited p..41ce othei: than the council chambers. The city council ma ad'ourn. a regAar meetinE to any date it may deem B. :Special Meetings; Special meetings of the city council tnay be called by the mayor or by any: four (4) council members by serving a written notice of the_s_pecial meeting Jo the city clerk not DRAFT DATE - 5/31/2019 10 Comment [AL04]: D&eie second and fourth - 7/22/2019 Comment [AL051: Change to 4 meetings per month —7/22/2019 — 2814. less than 72 hoursprior to the, meeting Only such business may be transacted at pecial meeting tts is mentioned or referred to in the notice of the meeting,. Special meetings_ shall be held in the council chambers, unless the council by resolution designates a different place of meeting Notice ofsuch LhuoI neetinz place sh itt be_g1yen to the pit hi ic by_p_yblicat shalt ultincit Illeral)eLs.v laet-111.1.'11 and tt2 ... ... issued inajlboN,,,no,later .24.Thours: prior_to,the_mecting. Even, attempt shall be made to confirm council members are in receipt of the notice of „sp,ecial tnecting and are aware that said meeting,. is to take_place, C. Work Session: VVork session meetinas of the eity_council may he held on the same da.ts 4 rentilar session meetirig to review matters which are evected to come before city council tor formal action at a regularineetine. or otherwise need study and advance consideration. Items to be considered shall he listed on the agenda and shall state the approximate start time for each item following_rthe first, Council reeommendittions for future action,when necessary, shall be 'mule in the form of a motion and cipproved by.a majprity,vote. Motions made during work sessions shall he limited to recommendtttions for Ibrther study, placing topic to a regular or siNcial session agenda for a vote, to cease further action,or to delay_discussingu tsikle until 51, certain date. Motions made dUring work sessions shall ,nothind_co_ungil Fp embers to vote_ in favor or against .an tgin 90 a regnIaLsessiop agenda, I Comment [AL06]: Strike 7/22/2019 —36:18. On 9/16/2019 council agreed to allow votes to take place during a work session. D. C:hang,e of Location: Reaular, s_pcciah_or work session meetings of the city council may be held at such other designate(t_place other than the council chambers in the city hall as the city council may deem advisable; prtwidekhowever. such designation of a meetina place other_thari the council chambers in the city hall shall be by city council resolution. Notice of such change of meeting_plktee shall bc given to the_Ruhlic by,publication asLprovided by„„jowa Code section 362,3. 1-5-5: STANDING COMMITTEES OF COUNCIL: The mayor inay create and appoint no fewer than three council members to standing cbinmittees of the council. Committee members shall be t,tppointed at the first meeting in January or at the time a vacancy occurs, A chair shall be selected from the members of the committee. Nothing shall preclude the council from acting_as deemed necessary\\,ithoul the input of a cominittec in he ease of all emergency to apprttpriately and properly_conduct the business of the city,_kach of the following, committees shall speeifically„be assi mcd the following responsibilities and other duties as deemeda_p_propriate; I, Finance Committee: This committee shall review travel requests, budget line item amendments eNpenditure pre-authorizationstind refund requests for sanitation services in actordillIe \V th city_ wocedures. "the committee shall meet prior to each reaular session. -5-6: SPECIAL COMMITTEES: A. 'file mayor or a worum of the council may appoint members to tempprary advisomor ad hoc committees consisting of council membel s. staff. t,indlor_ptlivate citizens, as deemed desirable DRAFT DATE - 5/31/2019 11 and necessary to assist and advise the tnayor or council. Menthers of counciLAppslitno committees shall abide by lowa Qpen Meetioglaws. U The special connnittee shall prepare and deliver a final repoi t. of its tindings to Me Mayor if created by,the Maysiy or (..':ouncil if created by the Council, The „sipecial,colinittee shall be considered discharg„C0 0.PPI.1 del iveTYOr the final ligl?(.11't COUNCIL MEMBER. ABSENCE: Council inembers who are unable to attend a scheduled tnectinglihAlmay„kitotity ttie mayor:aid city clerk prior to the meeting., -5-8: COUNCIL PARTICIPATION ViA. TELEPHONE: Comment [P1,07]; Strike shall and insert may — 7/22/2019 — 52:08. A Council member who is_phy_sieallysinable to attend a meetiotrnay_particApate via telephone. ihey_stall_provide_st i'lialleteLlolione„ntimber a quiet environmentdoin_the meet iogl)y 5:30 ri,p1„ atAtIttenapt to emain pljonefor_the entire ineetim Comment (ALM]: 7/22/2019— 55:48, OR.DER OF BUSINESS FOR .12.EG (AAR. MEETINGS: A. Business for a regnlar meetini&Triayhe ordered as Ibllswi,,,,s;„ Call - comment [A109]: Strike prayer and Insert Ple„clg of A Iletizince Invocation 8/19/2019 -- 34:17. Approval of Aecrida, aiprolhised or amended fAproval of Minutes of O:previous meetiog Presentations or Recwitions PubliccpriuncDA Consent Atenda Ph(' Consenbigsttda is reservecUar routine resolutions and motionA„ acted w20n.j2y. roll vote on a single motion without ,parcite discussion, Council shall either vote VtiL or 11C11when the roll is (wiled Council muv remove an iteKtront the Consent Agenda and c,(ilt,skie II Items that 4y_. appear on the Consent Atenda 'include but are not limited Sp_the following; „ Resolution of bills 2Sefflngda.teof,pihlieheaijng 3. Assessment cancellation 4. Water kill 5. CLURA/CI appljcations 6. Waiver for a concrete drivewu teplicaticm 7. Parade route/street closure 8. Noise variance 9. Travel request approval 1 0. Lieense/Permit approval 11. Board/Commission/I irrip_Isiyee appointments 12. ilQpds DRAFT DATE - 5/31/2019 12 Remainder of the A el . 1.e. but is not limited to the .following: „ Public Llearbgt 3, Ordinances 4, Other Council. Business iReservedfor tion-routine motiol1s! and revoc(Ition hectring 5. Ex.ecutive Session H. The mayor or councis1ia 1 • ave the: authority jo vaafrom this schedule to expedite the conduct of business or accommodate persons having business to be considered hy 1-5-10: AFFIRMATIVE MOTIONS All motions, resolutions, ordinances shall be listed on the agenda in the form of an affirmative motion to cract,iidopt.apprgy,e vr okr z'Ippropriate langmtge„ I he council members W110 move and second the motion are not required to vole in favor attic, item during the roll call or voice .Y.Stict 1-5-1 1: PLA(.1ING ITEMS ON THE AGENDA: A. Al agenda items and supportingmaterials are due. •to the city clerk's office at a date and time designated. hy the city clerk on the Wednesdaypreceding the regular Council meeting. Tlhe process .for addingjtems to the agenda varies liar staff, counciLand the muor. Agenda items .,5:hal„Lt:/4Med as 10110.W,5: I. Mayor and Staff: Mayor and staff members shall submit itt,ienda items using the agenda management software. 2. Council: Council members shall submit -collar session agenda items tothe maym"and _ - Comment [AL010]: 8/19/2019— 35:56. shall do so by the deadline desianated by the city clerk. Items submitted b_y council shall Council may want to consider inserting work he reviewed by the city attorney, city clerk, or impropriate staff and be placed on a work sessions. session agenda for discussion and review prior 10 being_placed on thtregular agenda for The sentence would then read as follows: Council a Vote. members shall submit regular and work session agenda Items to the mayor and shall do so by the deadline designated by the city clerk. B. The linalized agenda and packet shall be available to the public at the close of business of the Fridttypreceding the council meeting, lhe mayor has final .approval of ali items listed on the agenda. Once finalind, the mayor may withdraw any hem_prior to the council meeting_and shall do so in Nvritinz in the form of an amendment notice FA'ovided to council '‘it the start of the meetings, The amendment notice shall include a reason for ‘yithdrawing„ the VIM, Council nKity, choose to keep_lhe item on the Agenda by_a majority vote. C11A.PTER 6 RULES OFPROCEDURE VRESMING OFFICER: DRAFT DATE - 5/31 /2019 1.3 1-6-2: DEBATE AND VOTING: 1-6-3: MOTION: 1-6-4: RESOLUTION: 1-6-5: ORDINANCE: 1-6-6: TIE VOTE: 1-6-7: ABSTENTIONS: 1-6-8: CONFLICT OF INTEREST: 1-6-9: CONFLICT OF INTEREST PROTESTS; 1-6-10: MOTION TO RECONSIDER: 1 -6-11: MOTION To RESC,IND: .-6-12: GE.NERAL RULES FOR :PUBLIC PART 1IPA 1 ION 1-6-13: PUBLIC COMMENT: I-6-14: PUBLIC HEARINGS : 1-6-15: PUBLIC SPEAKING DURING AGENDA ITEMS: 1-6-16: VIOLATING RULES OF PUBLIC PARTICIPA7IION AND SERGEANTAT ARMS: 1-6-17: :PARLIAMENTARY RULES TO GOVERN Comment [ALOUD Renumber starting at 1-6-5 j .......... ......... .PRESIDING ()FEWER: A. The MaY0r shall be the Presidin 01!Ilc_cc?.uPc11.., pro tem shall he the presiding officer. 'Fhe imiyor grp tem shall immediately relinquish the chair (pm arrival of the Nflaypr. In the absence of the Mayor kind the mayor pro tem, the city clerk shall call the meeting to order, tuid a temporary presiding officer shall then, be_selected_by miijority vote of the council inetiihei L4i'e.crt 1 pon arrival of the mayiir or inuor _pro tem the terivorary_presiding officer shall inunediaterclinquish the chair, B. The m dor functions of the ,residit_i_goflicer_d i&eottilameetingsjacludc,j2q1„01:KII91 kimited„to, the_ fol qiying.„ th,e i,ILmlirr., 2. Announce the order of business as,providcd in the agenda. 3 State motions on th tab c turd \vh 4. Put motions to a vote. when appropriate. s debate. 5 Announce the council's decision on all sul*,pts. 6. .Prevenl irrelevant or frivolous debate or discussion., 7. :Maintain order and decorum. 8. Decide all, questions of order. DRAFT DATE - 5/31/2019 14 9. Enforce city rules or policies pertain to council mectiagprocedure, 10. Recognize right of council to am -Leal parliamentary prQewic. C, A member of council may appeal a parlitimentary decision made hy, the presiding officer. lf an apnealli iade,souric dccjde tb.c._question by. a majority, yote, 1-6-2: DEBATE AND VOTING: A. The mayor as presidiu officer maydebate,but may not make, a motion or vote. The mayor ro tem as presidingsrfficer or a temporarypresidiogo•fticer may debate. vote as a regular comic 1....memberAndrottt liAlepowers of a co uncil member. The presid in o!Iicer is to the limitations of deba•te that are ittivosed on all council mernbers, B. The mayoutro tem or a temporary....presidingpflicer shall be counted as a council member maysnipro tem or temporary prosidingof !leer shall affiN his or her sjoature00 cnts that require the Mayor's signature, With regard to measures_passed by_the council, ie mayor pro iCIT1 may sign the measure or inzly take no action as Noy ided 1.72ylowa Code 3806113 L in which case the meastirc becomes effective_nprsuant to stilt] Section. I lowever, the mayor pro tem or temporary presiding officer shall not hove the !Lower to veto a measure. In the event the mayor pro tem or temporary presiding officer takes no action on a measure and the mayor resumes his or her office within fourteen days of the measure's passage by the council. the inayor may..sien or veto the measure within the fotirteen-day period. 1-6-3: MOTION: A. Nri motion shall he put or debated unless seconded. NN hen a • ition is seconded, it shall be stated by the mayor before debate. and every motion shall be reduced to writing i! ecoired by the mayor or any. councilpersom B. After a motion or resolution is stated by_the mayor, it shall be deemed to be in nossession of the council, hut may he withdrawn tit any time before decision;_however, if any amendment has beep proposed or adopted, the motion or resolution shall not he withdrawn without the consent of the mover of the amendment. C. If a...question in debate contains several distinet_propositions„Jany member may lia.ve the testion divided when the sense admits ofitarior to the vote thereon. D. In all cases where a resolution or a motion is entered on the minutes of the council. the name o•f •the council member movirig_the resolution or motion shall also be entered. 1-6-4: RESOLUTION: DRAFT DATE - 5/31/2019 15 A. Mayor and Staff: Mayor and staff members shall submit resolutions to the agenda in accordance with section 1-5-1_1(A)(1) of this code. IL Council members shall submit proposed resolutions in accordance with Section 1-5-1 I (A)P,) pf cod - -{ Comment [AL012]: 8/19/2019— 4630. A, 'rile reill)WinE Ilic„ordinanedmust_shallibe reviewedl-ly the_city__attornLi_or city clerk, or ma he_placed„ cm a work session_agenda for _review by council. A draft of the ordinance shall s be included in the counctpacket. 1 friless further discussion is 1.i:flaked. the ordinance shall beplaced on the next reolar meeting agenda. 2. Ike title of each ordinance shall in all eases be read prior to its_passage, A council member May make a motion to amend language. in the ordinance pr_iqr _to Abe' adoption of the first readingThe city ktitomypr city clerk shall make a detemination of whether the material lattgpagc of the amendment is appropjatcprior to council members taking a vote, Followin/Ltipproval of the first reading,council members shall not make motions to amendthe pro_p_osed ordinance to make material changes to the language. Non - substantive edits such as corrections lbr spellinv)r punctuation errors shall be allowed. 3. ff all ordinance fails at any stage of its adoption. the ordinance shall be considered defeated. 4. "Traffic taxi zoning_bydinance charLges are not required to be placed on a work session Mr discussion prior to a vote on the regular agenda. 11. In all cases of adaption,Lepeal or amendment Or atl ordinance, the ayes arid nays_ shall be taken and entered on record, but a failure thUS tO enter them shall not invalidate the action of the 'ouncil. In all other cases, if any member of the council requires it, and his motion is seconded, the ay.cs and nays on any Aitestion shall_betaken_and cntered upori the_tningtes,„ 11-6-6: TIE VOTE: hen a tie vote occurs, the motion fails. 11.7077; MASTENTIONS:l Alf council members are reqkired to vote on an item unless they have a direct interest. in \ 'use. they shall abstain from voting. A direct interest could be a familial, business, or financial tietoantigcnda item. Abstentions shall only be used in the case of a conflict of interest. An abstention declared for any reason other than a conflict of interest shall be recorded as a vote in she a fit rmative DRAFT DATE - 5/31/2019 16 Comment [AL013]: Renumber to 1-6-5 Comment [ALMA]: Change from must to sha for consistency. Comment [ALOIS]: Add "or mayor" 8/19/2019 — 4145. After reviewing the video from 8/19/2019, I believe there was some confusion behind the purpose of 1- 6,1vs. 1-5-11 and that confusion Is due In part to the lack of a reference 10I:541ln thls section. All ordinances, regardless of who proposed the ordinance, need to follow the process outlined In this section, The differentiation of where the process starts for staff/mayor/council Is addressed In 1-5-11. I would propose clarifying how a council member proposes a new ordinance by adding a new section C to read as follows: C. Council members shall submit new ordinance proposals to the mayor. The ordinance shall be reviewed by the mayor, city attorney, clty clerk, or other appropriate staff and be placed on a work session agenda for discussion and review prior to being placed on the regular session agenda for a vote, Formatted: StrIkethrough - {Comment [AL016]: Renumber to 1-6-6 Comment [ALO17]: Renumber to 1-6-7 Comment [ALOIS]: leave as affirmative. 8/26/2019— 26:17. -6-8: CONFLICT 0 INIEgLSh A.,_Ally,eptincifinember „sent at anLmcctinr, may disqualify themselves or a stain from voting in case ot a conflict of interest, in ‘vhich case the disqualification shall be publicly deillaredgnd A conflict of interest shall be recorded in the minutes as an abstention and the vote shall he calculated based on the number of members not disquali lied based on the conflict. CONFLICT OF INTEREST .PROTESTS:1 Council inembers seeking to disc council member from partipipatingiRAdecisjouirased on a conflict of interest shall raise the challenge as spoil as the hasisfoLdisqualiticittionjsmade known or reasonaltily_should have been made known_prior to the issuance of the decision, Appeals,shitlj_be made to the wesidingofficer who will then confer With the city:attorney. -{omment [AL019): Renumber to 1-6-8 Comment [Awn]: Renumber to 1-6-9 lj -6- 1(1: MOTION TO REC:ONSI DER:1 -Lcomment [AL021]:Renumber to 1-6-10 kle-AL—F+104-10-1-1AW nfiidered-al-an_yr• t ime ifurit ig:tIte-sEtITle- meet ing-of-the-eo e 4-1-1,s1-titeetitig.held thereafter, -A [notion- fof-Feeertsi-deFatlen-beiiwinee-matle-and-deeided-in-the negative &hall not-be-renewed-before-thee-A-meetinty---A-rnetion4o-reeenslideEmost-be-ninde+y menthei=wlio-yeted-on-tlie-prevail-ing-,-iidei-o-thesc who wert„-absent-emEl-Elid- net ypte-upen the-me-tion-to--be-feeereAdeced, -The-metion-initt-be-seeerrded-by-taty eo-ttiroil ft-If-a-met . the item 'defed-def-eitted, toreconsider-cannot be made-to-tm-allirtnative-vote-oti-aeontraet after-the-itther rrarb, to the contract -has- been -notified ef-the-tiffiftnet2iye-vote7. 1A.. A motion to reconsider shall be madc_by a member who voted on the prevailing side„pr fl2PSe who were absent and did not vote_ upon the motion to be rconsidered. The motion may be seconded by any council member. A notion may trelecon sidjjytjjedujgihetime same meeting ofthe council. A motion ler reconsideration bcin once made and decided in the negative, shall not be renewed befbre the next meetilig, A motion to reconsider mil), be mimic duringthe first meet ing_held after the item was considered by the council. A motion to reconsider shall he made during the other council isiness portion (011ie agenda. If` the motion to reconsider is aaprovedl_y majorAy. vote, the agenda item will be placed on the ,.igenda the following week for a vote. C. A motion to reconsider shall not be made after the 'first meeting held after the item was onsidered by the council. D. A motion to reconsider cannot be made to an affirmative vote on a contract, 1, DRAFT DATE - 5/31/2019 17 Comment [AL022]: Delete all original wording. Comment [AL023]: Revised motion to reconsider process per 8/26/2019 Work Session. -6-11: MOTION TO RESCIND:[ Council members may rescind arty vote by a maloriotearovided notice of the motion p rescind has beengi yen at theprevious meeting. If notice wasymt providellat_turevjoy;5. _ „ - v0e. CIt. a IT nm_pbc pnthe„,.tt_genda_vvten it sprocedural ly_nceessary to rescind a vote. 11-6-12: GENERAL RULES FOR PUBLIC PARTICIPATION:1 L. At the_prealding officer's discretion, individuals may_addrcss the presiding ofticcii2y stepilingTothe_ pod ittrnand aRer recognition by the vesid ing officershall state thcjr flame, ttddressAtml grouil tiffi iat ion, iliappropriate, and spettk cleatly into the mjerodlone„ B,__clomments shall be germane and refrain fronuersonal. impertinent, or slandcrons_remarks, Q-„,21-ktidlyicIsuab, are-r-eqttifektc)letititer-when-tveakint-titi-t4nitt-kte-voNitctmtmtn-trortion-o-1-tbe agenda-but-do--not-littve--to-ftti-ster-1-€Hipeak-t.-lot-inttul)lic-lieutingtftrzay.-eada-i-tents-.1 _ 9, C. _Cell phones and electronic, clevices shall be set to silent ry_ior to the start of the ineetim 1-6-13: PUBLIC COMM EN°11, I 0.1 vidu als shall a k onc (1.) 11mc On only 011(.10 ki,sLsAicic!r „iflaNilnilM11111.-03.3.1jai41111=_5._ onjyj ifhey_hayie registered wilt the _clerk's office no later thttn 4:0(141,01, on the day of th COUl]LI meet Irlg. Ind V Id S W110 hale 11011 eghsltrgststalltilot_he_p_c_rollticd_to speak dUl iullti.. publ ic co 111111C10portion of the ',..tgenda.1.?„9911e.ii:rpemb_e_rtsjiy-tkoftt4Tea4td1-4±Rii-ttm-:It _ _ 10jyjdttals shalonlys_neak on matters not 100 on the regA, committee- meetingAgendasillor that clat4 Any matter present0 shall be directed to the prcs_iding - officer and addressed, if necessary,_after the ineefing, B. Council members nlaysi.peak dui comment_portion of the agenda afterheLpIthhe has finishedApeaking„ 11-6-14: PUBLIC HEARINGS indlyiktab_maymeak dorinu h(Lpliblic commemportion aetedtal_ed_ptilAisiheLin fol_a maAmp_mpl three ahriinutes or may s:.thinitwritten comments to the cjysIcrk Ey 4:00_p_.(n._ on the day of the publ Id _hearirlg. c10up_1().11c_itizens vvith viewmiipts are encouraged_tg se tee 11-6-15: PUBLIC SPEAKING DURING AGENDA ITEMS:I At. the .discretion of th_e_presiding officer, individuals may speak orA maNimum of three (31 minutes Jwhenthe council diseussesagenda temj s-fflnm-�-thftThll11Le. section does not anOy to businesses o) rties directly involved 10 tgerida items. DRAFT DATE - 5/3 1 /20119 18 Comment [AL024]: Renumber to 1-6-11 Comment [AL025]: Additional edit from Chris Wendland. --(Comment [AL026]: Renumber to 1-6-12 Formatted: Strikethrough Comment [AL027]: Remove registration requirement for public comment 9/3/2019, Formatted: Strikethrough Formatted: Strikethrough - -[comment rAL028]: Renumber to 1-6-13 Comment [AL029]: Change from two minutes to three minutes, 9/3/2019, 41:54, - Comment [AL030]: Create new section that allows council to comment during the public comment portion of the agenda, 9/3/2019. .......... ‘‘. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough .......... comment [Awn]: Allow public to speakto k Items listed on other agendas during public comment, Comment [AL032]: Additional edit from Chris Wendland, Comment [AL033]: Renumber to 1-6-14 Comment [AL034): Additional edit from Chris Wendland. Formatted: Strikethrough - Comment [AL035]: Renumber to 1-6-15 Wendland. Comment [AL036]: Additional edit from Chris - Comment [AL037]: Additional edit from Chris Wendland. Formatted: Strikethrough 11-6-16: VI ATI NG RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS: Violations of the rules for pubiie_partielpation listed in this chApter shall be addressed at the presiding_officer's discretion. the chief' of police or designet,', shall serve .the setzcant at trim for meetinRs_of .the council, °Fhe_presiding of (leer rilaydirect the sergeant at arms tridect anyone from .the council meeting for disruptions of any....ic nd 1-6-17: PA RLIA MENTARY RULES TO G0VERN2,1 In all cases not provided for herein, the usual parliamentamsules which„govern_parliamentary bodies shail govern the city_council, ‘vhere they are applicable. ARTICLE A CONFIDENTIAL INFORMATION I-6A-1: PURPOSE:. 1-6A-2: SCOPE: 1-6A-3: INTERPRETATION: I-6A-4: CONFIDENTIAL "NEM TATION: 1-6A-5: CLOSED SESSIONS: 1-6A.-6: VIOLATION: Comment [AL0381; Renumber to 1-6,16 Comment [A1.039]: Renumber to 1-6-17 1-64-11: I1 IRMSE: The porpose of this article is to establish rules for elected I!iLjjkinj employees ,:;oiteerningthe _ comment [AL040]: Make the article apply to eleaff - dissemination of confidential information and emphasize their ditty to protect the city_froin cted offls and city st9/16/7.019 Work Session. I lability orn fiancial loss by disseminating confidential in.formation, I-6A-2: SC:OPE: Coritidential information shall IIIQJ ])ut not he Iiinited_litthrehllowingLinttirmat ion deemed conlidentk'd mirsuant to Iowa Code §':22.a75_information,presented duringslosed session meetirigs, and legal„personneLproperly, and economic development matters. Questions regarding whether information should remain confidential should be referred toIhe city)Ittor city clerk, or apt2roprlate staff member. -6A-3: INTERPRETATION: This article shall not be construed to_prohibit reportinq bona. fide violations of law or city policy: tQ. a proper authority or agency for investi ation, 1-6A-4: CONFIDENTIAL INFORMATION: 1)RA FT DATE - 5/31/2019 19 1 Comment [ALO41]: Correct code section's §22.7. Formatted: Strikethrough A. Illected officials and einpWces shall. respect the, confidentiallt of infOrrnation concerning _ the property. personnel. or affairs of the city, An elected officktli: employeeshallnol knowingly disclose information that they know or reasonably should know is confidential information, regardless of the source or the inforimition, \vithout legal :,.-itithorization: If an issue a.,s to ‘vhellterit.1191.illilliPtlis, shaILProYide....! icl.ga QP 13. An ciceted Official k0PDIRIO,Yeeil1ajinol1019Withly„IlSe clirscloSe - - in the course of or byreason of his or her officiaLposition. and which has not been inadc_pubjic„ Si advance his or her financial interests or to further the financial interests of anyi,family member oriltisjytess relationship, Elected officialsland einpLoyees shall not disserninateinformation_concemingzendins threateDedlitigation lo which the eity_is a party or threatened to be made a_party,_whjchsottld reisonably_ be interpreted is an admission of lk-tbility on bh ill of the city or which a reasonable pi son would jrile_rprettis bungprejudicial to the interests of the city, unless compelled to do so by law, 1-6A-5: CLOSED SESSIONS; Information discussed or to he discussed in closed session is confidential, shall remain confidential, and is not to be discussed outside the closed session!: information discussed in closed session may be discussed during a regular session or spec al session of the city council when action is required by council, '1'hisse4.1i0nsball t;Ipply to y individual pretielli for a close sessinfl - 1-6A-6: VIOLATION: A. Disclosing confidential information may have detrimental et lects on the city including_its liminecs zuld reputation, elected of staiiptembersi'md_cilizensElected 011.16610d employees lateencoura_ved to ask vest lops_ancEseels J,tudi-ieed the advice of city_ _ - - staff, insurance providers, and lewd counsel when involved in matters that arc confidential in nature. B. Complaints allegimLviokttion of this article shall be reported in writing to the mayor, or if the mayor is involved, to the mayorplo tem. The complaint shall include specificdetailed intim:nation to support the allegation, The complaint A - ad]. then. be referred to the Lilyattorney or appropriate staf f 'member for investigation, C. Violations of tl 's article ma aclude but are not limited to the following penalties: I. Censure: ensure may_applly_ioelectecloffieialsiLind roceedjjngs to be conducted in _ - accordance with article 1-6B of this code. Censure should orAy be exercised when _ members can objectively,prove a violation or the wlicy has occurred and can ensure dot further disclosure of confidential information will not takujuce tis a byproduct of censuring_an elected official. DRAVI DATE - 5/31/2019 20 Comment [AL042]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session, ----- Comment [AL043]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session. Comment [AL044]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session. -I Comment [ALCMS]: Make the article apply to elected officials and city staff - 9/16/2019 Work Session. -m- ..... ........... Comment [AL046]: Put period after closed session and clarify that confidential information discussed in closed session may be discussed in open session when action is required by council. 9/16/2019 26:47 -,9- ..... ..... Comment [AL0471: Make the article apply to elected officials and city staff - 9/16/2019 Work Session, Comment [AL0413]: Clarify that censure is for elected officials. Comment [AL049]; Make the article apply to elected officials and city staff - 9/16/2019 Work Session, Comment [AL050]: Strike this sentence until a new censure process Is written and incorporated Into the code. 2, W111414-Mkeettdueti-TA-rthselosttre-ton-fitientlatinfOrmationTmatie-4.041toift.-kroper _ , Formatted: Strikethrough legal-authori.Zatieli-Shiill--bensidereti-es--wiltfaUnisgontfue1-eHrtatadm-Mistitatiot.17in d4)y4eWi 3. Personal 1 ahili1y_Au electedofficial thc„perforrnance ofa_duly are per tUrmed with malice or if Will 17111, WarliOn and reckless misconduct is pi oven as defined by lot Codelf170.1 2. 4, 'from 1,iabil4, Co V(.411W4: iabil Q "0,1,;Q!'„,c,rijjliligi, iSh011 CS rt, fraudulent„or malicious wrongful act. or anyk.nowing_yiolation of rigfits or laws, committed b m elected official or with the consent or knowledu.e of the elected official may be excluded from coveragnder the ejty's liability insurance. ,ARTICIA-113 q-ENSIIREA)F ELECFE0-0E-FICI-A-1 13-47PURPOS-Fr: 1441-2i-CENSURFAIEFINgDt 1-6-R-3:-C4)MPIAINT-PROCEIWRE-:. 1-643-4:-R1104A4TIONLMA14014:1-74NG-I4VESTIGA-410Ni, -1---6B-51-GENS-'14-RE-INVESTI-GA-TION-COPIIMIT114;i- SURFAIEARING!-- -1-68-1-A41-14714.)-SE-: Eleeted--of4ieioi-3--trmy--pue-forrnal-eetion--in-the-forrrr-of-een&tfre-to-fieter-viohttior-ts-t s,a17 stuteL-or-tinaMeitfal--kiiv-and,serious-violati-anS-fikidepted-ei+ Censure-is--a--1-Ortn-al-restil-mion-reOfrianfling a-c-ourreil-member-or=The-mator=fat=st-fel etfuttuet,-gepe. -a-violation-of law-er citAtryci-tkty-wl-fere-t-fie--v-iolationoti-c-t-iteorisidered be a serious o4:fertse.,-44ensureHthould-not follow an measional, errerin-j1d#tyterit,:,4jelt tleems-in [ft e ati on El I.. Censure carries o -fi lie or -suspertslon-o4=thetitgl) f e ment*er7iii-nri-axor leet o ftleial,11M-Ft-tetitittfe-iptirt .40-Ve-tiefielt-tliat -serves as P.9.11141-1ftt11.1.44-.1rvrettAftiD.t, 1-613-3.1-COMPLAINT-PMX.411.1-UREt ei tyLcoui 1-travytsfihm-i1,ift -4-o-the-cerliialeortIplairrt antl-rettue„-sf-for-11 serfouS-Vietatifffl-of or-the-niat, t04ie-eumpliti-n-t-shfi-117provitie-.7spee4je allegutiofts-affd-stwortinteviclence-of=s-pecific-eonduet-alleted-ter-vielute-es-isfifit law -or adtmted Illatteitai-t-Ife-agentia -for-the next -Et Vtii table -regal -fir ei-tyLeouriefl D 17' DATE - 5/31/2019 2 1 Comment [AL051.]: Strike 9/16/2016. (Formatted; Strikethrough -(comment[AL052]: Renumber. 'L Formatted: Stnkethrough Comment [AL0541: Strike and rewdte a new censure procedure. New procedure should contain an internal review process. 10/28/2019. ormatted: Stnkethrough Comment [AL053]: Renumber, �kjy tF eelt revest f _4 a124.4,59 44_149- ftxttkt ft4trytn }eeeiti{ {r etitt itt wl-fieh-f te-effetplffirrt ifift ettftest 1, 3-4:-R ;OLU. IO *J -AU'l 110-RF I FG- N.VE ST1' GA F taste tl 3I11 ft -tt i+'I-ll-te-ce1ititE uric lrtii�-trtvetiti ,iHiett evil{ iteciifisidet=a�ddhe eettftet es b irrs-e 3+kc -the eettecti- itentktett ito et eltcvt i6t ,t lc H e- entitee etty ite-k tite eettsttre to ltre eeeeel--b32 1.4re il* ti ftst fiestitftteft t441tt tief-(}n4:5Leeffet±lwttterrthet he-fffe-ittel le tt?let}eftit tr rt}tt ttlentlntei s of rat titfg,T44 mE;b file tl@e lte%111ku+ti IGA-}` O-COM-MF ic •tet%t�titt;ttrtittttt,tttitttktfl1 kteWttit}aa4et#ttr+ee{ he-ilkij`E e-sitaI l i nt tl th ittri <<ti -sttl ntittec -the :Eeff et+<e-Etta44te-eHrn±ni-ttee-ffed :L 4frlt�est te11E1ru tixl +� act,_+5 ttti; t4 t_.sithteet t ttl mtptttttt-titetobe ete Fllt ten teittee—Gettnej4 -th eettelftiftes ti11-ftet5ewe ithe 1}_1ytefifiteo-s- 1t111I ser,ye eti-th t1 %ttetd3e1;}) ,t-litrcl reefs ec4iftiz, l :. -pert t c�tl etl trt x+c w 1.1 tri t4te..ce tt sue# ltrtt._ct acl 1tit ,e ffigat-icrrl� Akre f rrrr131t+ tlefeFetrrtel6 ,rpN �r try tl f &lte 11 t ctrtcl..ei+it thee,-{ 1e liif to itt#34f-t to 14 eLteIa4Heel letwor serious-w-ierltttien-of° i€k rtetl-E- tit ttf wrctl ;1ltewert;atre-ifwestit•<iit_iett feeltfteeiit@44-tttnle EHtrtrtfe+l-rclfE:tit-to-flee ftttirieittfleftta fkte s eetiK lti e ra rc lte tl eged '' e-beett wttltttek ite -stein at iritg file- ofttiAtiftt, etti e; ft ire flit, tfsuE ; titeteft fteE sift#ll-eire-that tt r'eeijt tetettc}ation- duet 1 tattoo -flit DRAFT DATE - 5/31/2019 Ity-s rl-litiem evidelree-o€-tz-vifrlttflrtn-44ttw-et erietts i f cwrtttttt c itearitterett alter-riliftvelf }tee-tiie-efte t-}lrtti}t 22 14-oot4i-vpoReil+iffik4en4-eyidenee-of-t1P4olittion-of4avy.-of-serioos-,\4otation-ofedorted-eity: pojiey-4o-wkifffrot-a,couoc-41-eensor-e-heariogE R-...-IEIIIe--een-sure,inVesftggTioo-ooiofn-i-Etee-ileteFroiRe4-tlie4f11egftt-ioos-afe43.omoRed-aoe1-a-e!eos-ofo Keat4ligz-ki-vyitt44tote€1741te-oommittee-skall-41ifeet--the-c-ity-elefIcto-ToPwal4.1-11ti4epori-ao4 FeeoromeodiftIoo.4e-the-eolife-'011y-eouneit-onkt-set-the-matter-1441-mtRlie-eeoslire-lieofilig-befige Ilie-couoeit-4-1411e-eensufe4ovestiolion-c-onimittee-eonelodes-tha-t-illeRtlktittions4t-Fe4iRt suppofted-and-a-censure-Ilearin-14-tiot-waffeolecti-the-eeiRt' we-iiivest-it4Iion-eolomIttee.-9•144-11 direetlhe-eity-ele14(7R.)--foPeRtREIlle-eoniroittee2-setti(PfeE.oftooeodittion4o-Ille-entife-eotioeil ttoil-no-fortlietRtetion-on-the-eototikkENA411-be-Iali!eR, 4-613-64-GEN44,1:14&14E-A444NGR A7-Lrlie-el-OtiiiC-il--51taltp,f15S-ff-FeSotutien-settit-tg:tbe-date-ofthe-eertsure-heftfiag-ittltLpjaetOfl eeffiliffielidinif)11-ekhe-eeftstwe-itwesfig,_-qtjoii-comotiIteer, 414e-eeolittfe-lieffiftg 1111:14-eeettrift-leastlitifiylltlys-ailer-the-date-the-ht-alitig-iiet, 1: 'Is he elected-o4I1t4a1-4tAe44o41-te-,...,entiofe-is-erailted-toRluttgooess iR‘filw;--4 sirespireti 11131iee--13e-iikwYeti-nt*I-less-1-1-1ttfl-11-1-ift9-1-tht-b-L114t11=1:Pribflict4.4110,1tOlitIti C=44-11e:heT4tttRii±per,4oR su Neel or the-voiivii3-ifx-shitil--k--k,en-afi-kvp,,ftkiii.44-y-to be4lefr144 antl:pre4efit eviderice-to fefute yretRilleit4k.,..eision-Io-oeftsure--most-be-et(kr ted-tesolotio+1,---1 he-fesett+Iion-fflofrEtit4 theTiodins-based-on-sobstantial-ey-idefice7.4-kaRthetpeofRaeoose€1-11+1+(mtgaged4Reoodoi4-that constitutes-a*ielation-ol-lit,w-or-o-serIoosiolittiooR4;ffiRaElovedRiPottl4ey;-,The-izesolation most be-affiRoe€141y--44eos-I-Fwe-affifFfiftotes-of Ilie-e-ourteih-ztlie-iteoused-cf Artneitinefober ortotlyer-slialknoltaaR-Iet 1v41,e4n-Aelibefat kyos-allef-the-pubtie-heatinj;5-elosed-oPitirffity'N'ate-Iy the-eity-eounoil-om-he:prom9ed-ceosufe, CHAPTER-4 GET-V-COTINCIE 4--4--3.!-,4141LES-OILORDEIR -1--4-4!--COMMITTEES-GETTIE-GOENC41474- 4REERMEETINCA-!. A,RetolocIsRetio-gTs-A4-egolitEmeet-ing4-01411e-eity-eoRoei-1-411a144R!4teki-oo-theRRAt-seeeoch-414R1 Efo444H411-MoRdays-of,eaeRroon1Rat-the-coofteikIlefolleRcio4lie-eitt -194144-114,e4.11-1H-y-ele4o& (...-!3111-RATT-or-ot-sook-ottler4kRigniiIed-tAaee--othet,Iliao-Itle-eouoeiTetfaother4-pomtorot 10 subseetion-C-ofthis-seetioottRoye wheoR!4oeetiog--date-1'all,s,-eo--a4iay,-desitoated-by-tlie-eity iR--a-Ro1i-da-ytIheo-tlie-fe-gulaf4net4inits14at1-btchetd-oRthe-,fiRiowifw-evening-ot-Rve--t19Rty-ok4oek DRAFT DATE - 5/31/2019 23 CITY OF WATERLOO Council Communication Review of proposed merit pay and performance evaluation policy. City Council Meeting: 11/25/2019 Prepared: 11/13/2019 REVIEWERS: Department Reviewer Action Date t"Ile rk Fella e, K.liky Approved bi/i3/20P:.y ... lID.3IS A1 ATTACHMENTS: Description Type D Policy 63ackuap IM1a umi:l SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Review of proposed merit pay and performance evaluation policy. Submitted By: Lance Dunn, Human Resources Director and Kelley Felchle, City Clerk ity •f t rlo• rit ' y n rfor .ncEv.uti.n '•lic Policy approved by Resolution No. on , 2019. 1. Purpose The City of Waterloo seeks to foster a work culture driven by outstanding work performance, accountability, and exceptional service to the public. The purpose of this policy is to establish an annual performance evaluation process for bargaining employees and an annual performance evaluation process for non -bargaining employees tied to merit based pay increases. 2. Scope This policy shall apply to all full and part time employees. Performance based wage increases will not apply to bargaining employees. All bargaining employees will receive wage increases based on bargaining contracts and will receive an annual performance review. 3. Authority to Establish Salaries Non -bargaining employees shall receive a salary as set forth in the salary schedule listed in Appendix A of this policy, except as otherwise provided. Non -bargaining employees' salaries shall be maintained within the range established for the job classification they currently hold. Compensation does not include allowances for travel or other expenses that shall be paid by the City when authorized and approved by the City Council. The salary schedule will be established by the Mayor and Human Resources Director and approved by the City Council. Any modifications needed to the salary schedule due to economic situations will be recommended by the Mayor and Human Resources Director and approved by the City Council. Individual salary increases for non - bargaining employees will be based upon performance, as outlined in this policy. In instances where compression occurs, situations will be evaluated and efforts will be made to maintain an appropriate level of internal equity. Salaries for employees moving to a higher classification will be recommended by the Department Head and approved by the Human Resources Director and Mayor. The salary range for a new classification will be established by the Human Resources Director and Mayor and approved by the City Council. 4. Administration of Pay The Human Resources Director shall be responsible for administering salary ranges according to the following provisions: A . Beginning Salary Rate: Upon entrance into city employment, the employee shall be paid at the low end of the salary range of the pay grade to which the position is allocated. Upon recommendation of the Department Head and approval of the Mayor, appointments may be made at ranges above the entry level. Entry level wages for bargaining unit employees will be set in accordance with the applicable bargaining agreement. B. Annual Increases: Annual wage increases for bargaining unit employees will be in accordance with the applicable collective bargaining agreement. Annual salary increases for non -bargaining employees will be based on the employee's performance using the city's performance evaluation form. The Department Head will submit a recommended evaluation form for all non -bargaining employees to the Human Resources Department for final approval. Increases for non -bargaining unit employees will be determined as follows: 1. Unsatisfactory Performance: An employee receiving a rating of Unsatisfactory or below will not receive a pay increase and automatically be referred to Human Resources for placement on a Performance Improvement Plan. 2. Needs Improvement: An employee receiving a rating of Needs Improvement will receive an increase that is .5% below the annual salary increase. 3. Meets Expectations: An employee receiving a rating of Meets Expectations will receive the annual salary increase. 4. Exceeds Expectations: An employee receiving a rating of Exceeds Expectations will receive the annual salary increase. C. Bonus: Non -bargaining unit employees receiving a rating of Exceeds Expectations may be eligible to receive a bonus in addition to the annual salary increase. These circumstances should be reserved for situations of superior performance. The recommendation for a bonus must be made by the Department Head, approved by the Human Resources Director, and confirmed by the Mayor. Department Heads may be eligible for bonuses. The Mayor will select and notify the Human Resources Director of which Department Heads have earned a bonus. D. Merit based pay increases will be effective for July 1 of each year. E. Annual Salary Increase and Pay Scales: Annual wage increases and pay scales for bargaining unit employees will be in accordance with the applicable collective bargaining agreements. The annual salary increase for non -bargaining employees will be determined annually by the Human Resources Director and Chief Financial Officer and approved by the Mayor and confirmed by council. Pay scales for non -bargaining employees will be approved by the city council for a period of two years. F. Non -bargaining employees will be reviewed on the criteria listed in Subsection B using the performance evaluation form. Bargaining employees will not receive merit based wage increases. 5. Evaluations Employee performance will be evaluated at least annually on the employee performance evaluation form. Each non -bargaining employee will complete a self - evaluation prior to the formal evaluation with their supervisor. An essential part of the performance evaluation is the establishment of personal goals. Goal achievement should be linked to individual and departmental performance measures and goals where appropriate. Bargaining employees will not be required to complete a self - evaluation form. All performance evaluations must be submitted to the Human Resources for review and approval. The schedule for completing performance evaluations for bargaining and non -bargaining employees is as follows: A. Bargaining Employees: Evaluations must commence on January 1 and be completed by their supervisor by April 1 of each year. If a collective bargaining agreement's evaluation procedures conflicts with this schedule, the collective bargaining agreement procedure will govern. B. Non -bargaining, Non -department Head Employees: Employees will complete self -evaluations starting September 1 of each year. Performance evaluations will be completed by their supervisor between September 15 and November 1 of each year. C. Department Head: Employees will complete self -evaluations beginning July 1 of each year. Performance evaluations will be completed by the Mayor by September 30 of each year. 6. Performance Improvement Plan Any employee, regardless of whether they are in a bargaining unit or not, who receives "needs improvement" as their overall rating must be placed on a performance improvement plan. The Human Resources Department must be contacted before placing the employee on a performance improvement plan. 7. Evaluation Review A. Department Heads and supervisors will be held accountable for conducting fair, accurate, and equitable ratings of all employees. The Human Resources Department will review and make recommendations for the approval or disapproval on all performance based pay increases. The Mayor will have final approval on all performance evaluations and performance pay increases. B. Employees receiving the highest level of overall performance rating should be reserved for only those employees that routinely out perform all others, or where circumstances during the evaluation period allowed an employee to truly distinguish him/herself. Employees receiving this rating should be a small percentage of the total workforce. If supervisors need assistance in completing the evaluation, they should contact the Human Resources Department for guidance. n IX Non -Bargaining Unit Salary Schedule Effective Date: PAY GRADE 1 Class Title Minimum Mid -Point Maximum Youth Pavillion Manager (C&A) Hourly $15.00 $19.18 $23.37 Facilities Service Specialist (C&A) Bi-Weekly $1,200.00 $1,534.40 $1,869.60 Technician/Preparator (C&A) Annually $31,200.00 $39,894.40 $48,609.60 Animal Control Services Specialist PAY GRADE 2 Class Title Minimum Mid -Point Maximum Registrar (C&A) Hourly $17.55 $22.72 $27.90 Development Marketing Manager (C&A) Bi-Weekly $1,404.00 $1,817.60 $2,232.00 Facilities Services Manager (C&A) Annually $36,504.00 $47,257.60 $58,032 Facilities Specialist (LS) Aquatics Member Service Specialist (LS)(SP) Customer Service Specialist (LS) (SP) Fitness Specialist (LS) (SP) Recreational Specialist (LS) (YA) PAY GRADE 3 Class Title Minimum Mid -Point Maximum Administrative Secretary Hourly $21.37 $26.90 $32.43 Executive Secretary (Mayor) Bi-Weekly $1,709.60 $2,152.00 $2,594.40 Curator (C&A) Annually $44,449.60 $55,952.00 $67,454.40 Events Coordinator (C&A) Education Coordinator (C&A) Legal Secretary Cable TV Production Asst. (Tech Services) Recreation Bookkeeper (C&A) Project Specialist (CD) Housing Authority Maintenance (HA) Facilities Specialist (LS) Human Rights Specialist Recreational Specialist (LS) Medical Services Specialist (FD) Bookkeeper (Airport) (HA) Rehabilitation Specialist (CD) Assistant Arena Manager (LS) (YA) Permit Writing Specialist (Building Inspection) Office Coordinator/Bookkeeper (LS) (Parks) PAY GRADE 4 Class Title Minimum Mid -Point Maximum Human Resources Specialist (HR) Hourly $25.90 $31.70 $37.50 Housing Coordinator (HA) Bi-Weekly $2,072.00 $2,536.00 $3,000.00 Deputy City Clerk Annually $53,872.00 $65,936.00 $78,000.00 Financial Analyst (Finance) Neighborhood Services Coordinator (CD) Senior Rehabilitation Specialist (CD) WHA Inspector Supervisor (HA) Cable TV Production Coordinator (MIS) Communications Manager (Mayor) Recreation Supervisor (LS) (SP) Community Development Coordinator (CD) Business Office Manager (Library) Information Technology Manager (Library) Youth and Teen Services Manager (Library) Marketing & Volunteer Manager (Library) Adult Services Librarian (Library) PAY GRADE 5 Class Title Minimum Mid -Point Maximum Human Resource Manager Hourly $30.43 $36.50 $42.57 Operations Supervisor -Sanitation (PW) Bi-Weekly $2,434.40 $2,920.00 $3,405.60 Operations Supervisor -Street (PW) Annually $63,294.40 $75,920 $88,545.60 Golf Manager (LS) Regional Training Center Coordinator (FD) Forestry Coordinator (LS) (Parks) Arena Manager (LS) (YA) Facilities Manager (LS) (Parks) Circulation Technical Services Manager (Library) PAY GRADE 6 Class Title Minimum Mid -Point Maximum Culture & Arts Director Hourly $35.50 $41.57 $47.64 City Clerk Bi-Weekly $2,840.00 $3,325.60 $3,811.20 Housing Authority Director (HA) Annually $73,840.00 $86,465.60 $99,091.20 Human Rights Director City Planner (PZ) Traffic Operations Director (PW) Community Development Director (CD) Battalion Chief (FD) Recreation Services Manager (LS) (SP) Building Official (Building/Inspections) PAY GRADE 7 Class Title Minimum Mid -Point Maximum Assistant Leisure Services Director Hourly $40.57 $49.14 $57.71 Assistant Director -Treatment Operations (WM) Bi-Weekly $3,245.60 $3,931.20 $4,616.80 Assistant City Engineer Annually $84,385.60 $102,211.20 $120,036.80 Human Resources Director PAY GRADE 7 CONTINUED Class Title Minimum Mid -Point Maximum Major (PD) Hourly $40.57 $49.14 $57.71 Leisure Services Director Bi-Weekly $3,245.60 $3,931.20 $4,616.80 Waste Management Director Annually $84,385.60 $102,211.20 $120,036.80 Director of Information Technology Police Captain PAY GRADE 8 Class Title Minimum Mid -Point Maximum Chief of Fire Services Hourly $48.14 $57.69 $67.25 Community Planning & Development Director Bi-Weekly $3,851.20 $4,615.20 $5,380.00 Division Manager Public Works Annually $100,131.20 $119,995.20 $139,880.00 Airport Director City Engineer Library Director Police Chief Chief Financial Officer City Attorney CITY OF WATERLOO Council Communication Sister City partnership with Unification City, Republic of Liberia. City Council Meeting: 11/25/2019 Prepared: 11/20/2019 REVIEWERS: Department Reviewer Action Date Office ➢ elle le, K. ey Approved 11/20/2019...9:1'7i\M SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Sister City partnership with Unification City, Republic of Liberia. Submitted By: Mayor Quentin Hart