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
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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.
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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)
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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
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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)
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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)
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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:
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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:
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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
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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.
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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
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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
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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
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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
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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
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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:
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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
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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:
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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
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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
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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
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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
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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
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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
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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)
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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
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DRAFT DATE - 5/31/2019
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i f cwrtttttt c itearitterett alter-riliftvelf }tee-tiie-efte t-}lrtti}t
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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