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HomeMy WebLinkAboutCouncil Packet - 8/15/2022COUNCIL WORK SESSION August 15, 2022 Time indicated below Harold E. Getty Council Chambers RULES FOR WORK SESSION PUBLIC COMMENT Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The city council shall not receive any public comment during a work session. Roll Ca11 Agenda, as proposed or amended Approval of Minutes Minutes of August 1, 2022, as proposed. 4:10 p.m. Discussion of changes to Title 1, Rules of Procedure. Submitted By: Kelley Felchle, City Clerk Approx. Discussion of amendments to the plumbing and mechanical code. 4:40 p.m. Submitted By: Greg Alhelm, Building Official ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Minutes of August 1, 2022, as proposed. City Council Meeting: 8/15/2022 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 8/5/2022 - 10:40 AM ATTACHMENTS: Description Type ❑ Minutes of August 1, 2022 Backup Material COUNCIL WORK SESSION August 1, 2022 4:10 p.m. Harold E. Getty Council Chambers Members present: Boesen, Nichols, Amos, Grieder, Wilder and Feuss. Absent: Chiles. 107630 - Boesen/Wilder that the Agenda, as proposed, be approved. Voice -vote Ayes: Six. Motion carried. 107631 - Boesen/Wilder that the Minutes, as proposed, for the Regular Session on Monday, July 18, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Objective: Operations update from the Grout Museum. Billie Bailey, Grout Museum Director, provided an update of recent activities and upcoming programing coming to the Museum District this fall. She explained the current financial standing of the museum. The museum district levy makes up 43% of the museum's revenue followed by donations and grants at 20% and 22% respectively. The majority of the museum's expenditures are comprised of fixed operational costs, administrative costs, and education, outreach, and programming. Ms. Wilder thanked Ms. Bailey for spearheading the Black Stories Collective once it was brought to her attention that there was a lack of black voices being elevated at the museum. Objective: Update from IowaWORKS. This work session is cancelled and will be rescheduled for a later date. 107632 - Boesen/Grieder that the meeting be adjourned at 4:25 p.m. Voice -vote Ayes: Six. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Discussion of changes to Title 1, Rules of Procedure. City Council Meeting: 8/15/2022 Prepared: 8/3/2022 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 8/3/2022 - 4:55 PM ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation, Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: Discussion of changes to Title 1, Rules of Procedure. Submitted By: Kelley Felchle, City Clerk DRAFT 2/2/2022 TITTLE 1 ADMINISTRATION CHAPTER 4 MAYOR AND CITY COUNCIL SECTION: 1-4-1: ROLE OF MAYOR 1-4-2: ROLE OF CITY COUNCIL MEMBERS 1-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS 1-4-4: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES 1-4-5: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS 1-4-6: QUORUM 1-4-7: MEETINGS 1-4-8: STANDING COMMITTEES OF COUNCIL 1-4-9: SPECIAL COMMITTEES 1-4-10: ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC 1-4-11: METHOD OF KEEPING MINUTES 1-4-12: GIFT LAW 1-4-1: ROLE OF 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. The mayor shall not vote on any measure. The mayor may appoint city council members to serve as non -voting liaisons to city boards and commissions established under title 2 of this code. (Ord. 5585, 12-14- 2020) 1-4-2: ROLE OF CITY COUNCIL MEMBERS: City council is the legislative body of the city and exercises its powers and duties as a quorum of council members during open meetings. City council is responsible for enacting laws and setting policy by which the city takes action. (Ord. 5585, 12-14-2020) 1-4-3: COMPENSATION OF MAYOR AND CITY COUNCIL MEMBERS: A. The mayor of the city shall receive an annual salary of ninety-four thousand dollars ($94,000.00) for the calendar year beginning January 1, 2020 and an annual salary adjustment each subsequent July 1 thereafter, starting July 1, 2020, equal to the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Works (CPI-W), current series, U.S. All items, as determined by comparing the December index for the year just ended with the December index for the calendar year preceding it. B. Each member of the council shall receive an annual salary of nine thousand two hundred seventy-two dollars and twenty-two cents ($9,272.22) for the calendar year beginning January 1, 2020 and an annual salary adjustment each subsequent July 1 thereafter, starting July 1, 2020, equal to the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), current series, U.S. All items, as determined by comparing the December index for the year just ended with the December index for the calendar year preceding it. C. In the event that there is no percentage change increase as described in subsections A and B of this section in any given year, then the salary of the mayor and the salary of each member of the council shall not be increased in any such year. (Ord. 5585, 12-14-2020) 1-4-4: 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 1 1 DRAFT 2/2/2022 head support of council committees. Council members may fully and freely discuss with the mayor anything pertaining to city affairs. B. Council members 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. D. Nothing herein shall diminish a council members' constitutional right to free association or speech with any city employee during any city employee's time when not in work status. (Ord. 5585, 12-14-2020) 1-4-5: 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. 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. (Ord. 5585, 12-14-2020) 1-4-6: 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. (Ord. 5585, 12-14-2020) 1-4-7: MEETINGS: A. Regular Meetings: Regular meetings of the city council shall be held on the first and third Mondays of each month at council chambers in city hall at five thirty o'clock (5:30) P.M., or at such other designated place other than council chambers pursuant to subsection F of this section. When a meeting date falls on a day designated by the city as a holiday, the regular meeting shall be held on the following evening at five thirty o'clock (5:30) P.M. in the council chambers at 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 seventy two (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 council chamberscity hall, or at such other designated place other than the council chamberscity hall pursuant to subsection F of this section. The city clerk shall deliver notice of the meeting to council members via email and to their city -issued mailbox no later than twenty four (24) hours prior to the meeting. Every attempt shall 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 first and third Mondays of each month at council chambers in city hall, or at such other designated place other than council chambers pursuant to subsection F of this section. When a meeting date falls on a day designated by the city as a holiday, the work session shall be held on the following evening 1 2 DRAFT 2/2/2022 in the council chambers at city hall, or at such other designated place other than the council chambers. City council may hold work sessions 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. Any topic discussed during a work session shall not be on the regular agenda on the same date, unless an emergency arises. City council recommendations for future action, when necessary, shall be made in the form of a motion and approved by a majority vote. Motions made during work sessions shall be limited to recommendations for further study, placing a topic on a regular or special session agenda for a vote, to cease further action, or to delay discussing a topic until a certain date. Motions made during work sessions shall not bind council members to vote in favor or against an item on a regular or special session agenda. D. Planning Session: Planning session meetings of the city council shall be held only on the fifth Monday of a month at council chambers in 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 F of this section. When a meeting date falls on a day designated by the city as a holiday, the planning session meeting shall be held on the following evening at five thirty o'clock (5:30) P.M. in council chambers at city hall, or at such other designated place other than the council chambers. The purpose of the meeting shall be for council to discuss future projects, policies, strategic planning, or any other matter consistent with the purview of the city council. The city council shall not conduct any other business at the meeting except to authorize the payment of bills or to approve emergency agenda items. E. Closed Session: Iowa Code section 21.5 outlines specific instances where cities are allowed to discuss city business in closed session prior to voting on the matter in open session. Before entering into closed session, the city attorney will make a statement to the city council and public noting the reason for adjourning to closed session and that the reason complies with a specific section of Iowa Code. City council must then make an affirmative, public vote equal to the lesser of two-thirds of the members of the body or all of the members present at the meeting to enter into closed session. Once in closed session, discussion must remain germane to the topic for discussion listed on the agenda. Final action on any item must take place in open session. 1. Matters discussed in closed session are sensitive in nature, where public disclosure of such information may be detrimental to the city. Elected officials and city staff shall follow article 4B of this chapter, with respect to matters discussed and information presented in closed session meetings. F. Change of Location: Regular, special, work session, or planning session meetings of the city council may be held at such other designated place other than council chambers in city hall as the city council may deem advisable and necessary; provided, however, such designation of a meeting place other than the council chambers in 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. G. Electronic Meetings: A meeting of the city council may be conducted electronically only when a meeting in person is impossible or impractical and only if: 1. The council members participating in the meeting at each location by telephone or video can hear and be heard by all council members, provided that if any participant is hearing impaired other suitable means of communication are provided. If the meeting is conducted by email or video, the council members participating in the meeting shall, to the extent possible, have access to a reliable internet connection. 2. The city council provides public access to the conversation of the meeting to the extent reasonably possible. 3. The city council complies with Iowa Code section 21.4. For the purpose of this paragraph, the place of the meeting is the place from which the communication originates or where public access is provided to the conversation. 4. Minutes are kept of the meeting. The minutes shall include a statement explaining why a meeting in person was impossible or impractical. H. Informal Meetings: Council members may hold meetings other than those outlined in this chapter. At such informal meetings, no legislative business may be transacted, and city business cannot be discussed if four council members are present, unless there has been compliance with open meeting laws. At informal meetings where a quorum is not present, council members may receive informational briefings from staff, make site visits, receive public comments, or engage in informal discussion. (Ord. 5585, 12-14-2020) 3 DRAFT 2/2/2022 1-4-8: STANDING COMMITTEES OF COUNCIL: The mayor may create and appoint no fewer than three (3) 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 city 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: A. 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 and planning session. (Ord. 5585, 12-14-2020) 1-4-9: SPECIAL COMMITTEES: A. The mayor or a quorum of the city 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 city council. Members of city 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 city council if created by the city council. The special committee shall be considered discharged upon delivery of the final report. (Ord. 5585, 12-14-2020) 1-4-10: ALL MEETINGS AND RECORDS OPEN TO THE PUBLIC: A. The city shall comply with Iowa Code chapters 21 and 22 regarding open meeting and open record laws. B. All meeting agendas shall be legally posted on the city website and on the lobby wall, directly outside the city clerk's office located on the first floor of Waterloo City Hall, 715 Mulberry Street, and shall be timely furnished to those media enterprises that have filed a written request for notice with the city. (Ord. 5585, 12-14-2020) 1-4-11: METHOD OF KEEPING MINUTES: A. Minutes of all city council 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. A record shall be made of each member moving and seconding a motion, resolution, ordinance or amendment. 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. (Ord. 5585, 12-14-2020) 1-4-12: GIFT LAW: A public official, public employee, candidate, or that persons immediate family member, shall abide by Iowa Code section 68B.22. (Ord. 5585, 12-14-2020) ARTICLE A. RULES OF PROCEDURE SECTION: 1-4A-1: AUTHORITY 1-4A-2: INTERPRETATION 1-4A-3: AMENDMENTS TO RULES OF PROCEDURE 1-4A-4: PARLIAMENTARY RULES TO GOVERN 1-4A-5: ORDER OF SEATING 1-4A-6: OFFICIAL ACTION 1-4A-7: PRESIDING OFFICER 1-4A-8: PRESIDING OFFICER DEBATE AND VOTING 1 4 DRAFT 2/2/2022 1 1 1-4A-9: COUNCIL MEETING DECORUM 1-4A-10: SPEAKING DURING PUBLIC MEETINGS - COUNCIL MEMBER 1-4A-11: COUNCIL MEMBER PRESENTATIONS 1-4A-12: COUNCIL MEMBER ABSENCE 1-4A-13: COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO 1-4A-14: PLACING ITEMS ON THE AGENDA 1-4A-15: AFFIRMATIVE MOTIONS 1-4A-16: ORDER OF BUSINESS FOR REGULAR MEETINGS 1-4A-17: MAYOR'S ROLE IN APPROVING LEGISLATION 1-4A-18: ORDINANCE 1-4A-19: RESOLUTION 1-4A-20: MOTION 1-4A-21: MOTION TO CALL THE PREVIOUS QUESTION 1-4A-22: MOTION TO ADJOURN 1-4A-23: MOTION TO AMEND 1-4A-24: MOTION TO POSTPONE 1-4A-25: MOTION TO RECONSIDER 1-4A-26: MOTION TO RESCIND 1-4A-27: POINT OF ORDER: 1-4A-2-728: TIE VOTE 1-4A-2-g29: ABSTENTIONS 1-4A--2 30: CONFLICT OF INTEREST 1-4A--3031: CONFLICT OF INTEREST PROTEST 1-4A--3432: GENERAL RULES FOR PUBLIC PARTICIPATION 1-4A-3233: PUBLIC COMMENT SECTION OF THE AGENDA 1-4A-3334: PUBLIC COMMENT DURING PUBLIC HEARINGS 1-4A-3435: PUBLIC COMMENT DURING REGULAR SESSION AND SPECIAL SESSION AGENDA ITEMS 1-4A-3536: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION, MEETINGS 1-4A-3637: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS 1-4A-1: AUTHORITY: The city council shall adopt and enforce its own reasonable rules concerning the conduct of city council meetings pursuant to Iowa Code sections 21.7 and 372.13(5). (Ord. 5585, 12-14-2020) 1-4A-2: INTERPRETATION: The city attorney or city clerk shall be considered the final authority on any questions regarding the application or interpretation of this article. (Ord. 5585, 12-14-2020) 1-4A-3: AMENDMENTS TO RULES OF PROCEDURE: The rules listed in this article shall be in effect upon their adoption by ordinance and until such time as they are amended. These rules listed in this article shall be amended by a two-thirds vote of all of the members of the city council and only if the proposed amendments have been introduced into the record at a prior meeting. (Ord. 5585, 12-14-2020) 1-4A-4: PARLIAMENTARY RULES TO GOVERN: In all cases not provided for herein, the city council shall use the most recent edition of Robert's Rules of Order to decide questions of parliamentary procedure, where it may be applicable and appropriate. (Ord. 5585, 12-14-2020) 1-4A-5: ORDER OF SEATING: Council members shall occupy the respective seats in the council chambers assigned to them by the mayor. (Ord. 5585, 12-14-2020) 1 5 DRAFT 2/2/2022 1-4A-6: OFFICIAL ACTION: City council shall exercise power only in a duly convened meeting by passing a motion, resolution, amendment, or an ordinance. No motion, resolution, amendment, or ordinance shall be debated unless it receives a second. (Ord. 5585, 12-14-2020) 1-4A-7: PRESIDING OFFICER: A. The mayor shall be the presiding officer of the city 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 responsibilities 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 city council meeting procedures. 10. Recognize the right of council members to appeal parliamentary procedure. C. Appeal of Parliamentary Decision: A council member may appeal a parliamentary decision made by the presiding officer. A motion to appeal the decision of the presiding officer requires a second and is debatable. If an appeal is made, The city council shall decide the question by a majority vote. (Ord. 5585, 12-14-2020) 1-4A-8: PRESIDING OFFICER 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 section 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 (14) days of the measure's passage by the council, the mayor may sign or veto the measure within the fourteen (14) day period. (Ord. 5585, 12-14-2020) 1-4A-9: COUNCIL MEETING DECORUM: A. The presiding officer shall preserve order and decorum, prevent attacks on personalities and the impugning of council members' motives, confine council members in deliberation and debate to the question under discussion, and decide all questions of order. Council members shall not attack the personalities or motives of other members and shall limit deliberation and debate to the question on the table. Council members shall be required to compel the presiding officer to enforce rules of decorum, debate, speaking, and conduct listed in this Article by raising a point 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. (Ord. 5585, 12- 14-2020) 1 6 DRAFT 2/2/2022 1-4A-10: SPEAKING DURING PUBLIC MEETINGS - COUNCIL MEMBER: A. When two (2) 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. 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 (3) minutes each time minutes. Such requests for additional time shall be made to the presiding officer and granted at the presiding officer's discretion. DC. 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 city council shall decide the question without debate by majority vote. (Ord. 5585, 12-14-2020) 1-4A-11: COUNCIL MEMBER PRESENTATIONS: A. Work Session: Pursuant to subsection 1-4A-14A2, a council member proposing an agenda item shall work with the city clerk to schedule a work session. City staff and other council members may not make presentations during the time allotted for the proposing council member's work session unless requested by the proposing council member. The proposing council member may schedule subsequent work sessions on the same topic, except when a vote of the council prohibits further pursuit of the topic. When scheduling the work session presentation, the proposing council member shall tell the city clerk the following: 1. The estimated amount of time needed to make the presentation and answer questions. 2. If the presentation will include a power point or handouts, the power point or handout shall be included in the agenda packet. 3. If speakers other than the council member will deliver remarks to the city council as part of the presentation. Council members making presentations during work sessions may utilize computer presentations, written materials, or other visual aids to present the topic. These materials shall not be utilized during the regular session meeting but may be included in the regular session agenda packet. B. City Council Meeting: When a work session topic sponsored by a council member is approved by the city council to move to the regular session agenda for a vote, the council member shall receive the first opportunity to speak by the presiding officer. The council member shall follow section 1-4A-10 when speaking, and may not relinquish their time to speak to any other council member, member of the public, or party interested in the topic. (Ord. 5585, 12-14- 2020) 1-4A-12: COUNCIL MEMBER ABSENCE: Council members who are unable to attend a scheduled meeting shall notify the mayor or city clerk prior to the meeting. (Ord. 5585, 12-14-2020) 1-4A-13: COUNCIL PARTICIPATION VIA TELEPHONE OR VIDEO: A council member who is physically unable to attend a meeting may participate via telephone or video. They shall provide a reliable telephone number or internet connection, a quiet environment, join the meeting by five thirty o'clock (5:30) P.M., and attempt to remain on the phone or connected to the video conference for the entire meeting. (Ord. 5585, 12-14-2020) 1-4A-14: 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 two (2) weeks prior to the regular session, work session, finance committee, and planning session. The city clerk may adjust the agenda item deadline when holidays shorten a workweek. The process for adding items to the agenda varies for staff, council, and the mayor. Ordinance or amendment changes shall follow subsection 1-4A-17D. Agenda items shall be added as follows: 7 DRAFT 2/2/2022 1. Mayor and Staff: Mayor and staff members shall submit agenda items using the agenda management software. 2. Council Members: Council members shall submit regular session and work session agenda items to the mayor and city clerk and shall do so by the deadline designated by the city clerk. Items submitted by council members 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. Council members shall submit planning session agenda items to the mayor and city clerk for review and addition to the planning session agenda. B. A tentative agenda and packet shall be available to the council one week prior to the regular session, work session, planning session, and finance committee meeting. C. The finalized agenda and packet shall be available to the public at the close of business of the Wednesday preceding the council meeting. The mayor has final approval of all items listed on the agenda submitted by staff members. Once finalized, the mayor may withdraw any item prior to the council meeting and shall do so in writing in the form of an amendment notice provided to city council at the start of the meeting. The amendment notice shall include a reason for withdrawing the item. City council may choose to keep the item on the agenda by a majority vote. (Ord. 5585, 12-14-2020) 1-4A-15: AFFIRMATIVE MOTIONS: A. 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. B. A motion to rescind an ordinance or resolution shall not be placed on the agenda in the affirmative. (Ord. 5585, 12-14-2020) 1-4A-16: ORDER OF BUSINESS FOR REGULAR MEETINGS: A. Business for a regular meeting may be ordered as follows: 1. Roll call. 2. Invocation or moment of silence. 3. Pledge of allegiance. 4. Approval of agenda, as proposed or amended. 5. Approval of minutes of the previous meeting. 6. Presentations or recognitions. 7. Public comment. 8. Consent agenda,: (The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed an item from the consent agenda and consider it -separately. Such request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed for discussion. The public may contact council members with questions regarding consent agenda item.) 9. Items that may appear on the consent agenda include but are not limited to the following: a. Resolution of bills. b. Setting date of public hearing. c. Assessment cancellation. d. Water kill. e. CLURA/CURA applications. f. Waiver for a concrete driveway application. g. Bid awards. h. Noise variance. i. Travel request approval. j. License/Permit approval. k. Board/commission/employee appointments. 1. Bonds. m. Request to seek proposals. n. Approval of change orders. 4-09. Remainder of the agenda may include but is not limited to the following: 8 DRAFT 2/2/2022 a. Public hearings. b. Resolutions. c. Ordinances. d. Other council business (reserved for approval of non -routine motions and revocation hearings). e. Executive session. f. Adjournment. B. The mayor or city 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 city council. (Ord. 5585, 12-14-2020) 1-4A-17: MAYOR'S ROLE IN APPROVING LEGISLATION: A. The mayor may veto an ordinance, amendment, or resolution within fourteen (14) days after passage. The mayor shall explain the reasons for the veto in a written message to the city council at the time of the veto. Within thirty (30) days after the mayor's veto, the city council may pass the measure again by a vote of not less than two-thirds of all of the members of the council. If the mayor vetoes an ordinance, amendment, or resolution, and the council re -passes the measure after the mayor's veto, a resolution becomes effective immediately upon re -passage, and an ordinance or amendment becomes effective when the ordinance or a summary thereof is published, unless a subsequent effective date is provided within the ordinance or amendment. B. If the mayor takes no action on an ordinance, amendment, or resolution, a resolution becomes effective fourteen (14) days after the date of passage. An ordinance or amendment becomes effective when the ordinance or a summary of the ordinance is published, but not sooner than fourteen (14) days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment. (Ord. 5585, 12-14-2020) 1-4A-18: ORDINANCE: A. An ordinance is a legislative act prescribing a general, uniform, and permanent rule of conduct relating to the corporate affairs of the municipality. City council action shall be taken by ordinance when required by law or to prescribe permanent rules of conduct that continue in force until repealed or amended. The city council may amend any ordinance it deems appropriate by following subsection D of this section. B. All ordinances require three (3) readings to adopt. The second reading shall be at least five (5) days after the first reading unless waived. Upon a vote of not less than three -fourths of all of the members of the city council, the rule requiring the second or third readings of an ordinance may be suspended so that council may proceed with final adoption of the ordinance following its first reading. Council members shall give consideration to matters of public safety, economic development, and time sensitive issues when deciding to suspend the rules. C. An ordinance signed by the mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment. D. The following procedure shall be followed for adopting an ordinance: 1. An ordinance proposed by a city employee or elected official shall be reviewed by the city attorney or city clerk, then be placed on a work session agenda for review by council. A draft of the ordinance shall be included in the agenda packet. Unless further discussion is required, the ordinance shall be placed on the next regular session meeting agenda. 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. E. 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 1 9 DRAFT 2/2/2022 council. In all other cases, if any council member requires it, and the motion is seconded, the ayes and nays on any question shall be taken and entered upon the minutes. (Ord. 5585, 12-14- 2020) 1-4A-19: RESOLUTION: A. A resolution is a formal statement of policy or order for action. City council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired, or where a more complete written record is appropriate. B. Resolutions require one reading and the approval of a majority of all of the members of the council. They become effective once signed by the mayor and are subject to the mayor's power to veto or take no action. C. Mayor And Staff: Mayor and staff members shall submit resolutions to the agenda in accordance with subsection 1-4A-14A1 of this code. D. Council members shall submit proposed resolutions in accordance with subsection 1-4A- 14A2 of this code. (Ord. 5585, 12-14-2020) 1-4A-20: MOTION: A. A motion is a measure passed by the city council directing that a specific action be taken on behalf of the municipality. A motion becomes effective upon passage. B. No motion shall be put or debated unless seconded. When a motion is seconded, it shall be stated by the presiding officer before debate, and every motion shall be reduced to writing if required by the presiding officer or any council member. C. After a motion or resolution is stated by the presiding officer, it shall be deemed to be in possession of the city 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. D. 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. E. In all cases where a resolution or a motion is entered on the minutes of the city council, the name of the council member moving the resolution or motion shall also be entered. (Ord. 5585, 12-14-2020) 1-4A-21: MOTION TO CALL THE PREVIOUS QUESTION: A motion to call the previous question may be made to any immediately pending debatable or amendable motion. The motion is out of order when another council member has the floor, must receive a second, and must be approved by two-thirds majority vote of a quorum of the city council. If the motion carries, all debate must cease and the question shall be immediately put to a vote. (Ord. 5585, 12-14-2020) 1-4A-22: MOTION TO ADJOURN: A. A motion to adjourn the city council shall be in order except: 1. When a council member is in possession of the floor. 2. While the council members are voting. 3. When adjournment was the last preceding motion. 4. When it has been decided that the previous question shall be taken. B. A motion to adjourn the meeting may be made at the end of the public meeting. The city council may make a motion to adjourn to a specific date and time in the future. A motion to adjourn to a future date and time is open to debate and may be amended. (Ord. 5585, 12-14- 2020) 1-4A-23: MOTION TO AMEND: A. A motion to amend an amendment shall be in order, but to amend an amendment to an amendment shall not be entertained. B. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different subject shall not be in order. (Ord. 5585, 12-14-2020) 1-4A-24: MOTION TO POSTPONE: 1 10 DRAFT 2/2/2022 A motion to postpone, if seconded and approved by majority vote of the city council, shall postpone an agenda item to either a specific date and time or indefinitely. Any item on the agenda which is to be considered on a specific, future date and time shall be postponed to that meeting rather than tabled. (Ord. 5585, 12-14-2020) 1-4A-25: MOTION TO RECONSIDER: A. A motion to reconsider shall be made by a council 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. A motion may be reconsidered at any time during the same council meeting. A motion for reconsideration being once made and decided in the negative, shall not be renewed before the next meeting. A motion to reconsider may be made during the first meeting held after the item was considered by the city council. A motion to reconsider shall be made during the other council business portion of the agenda. If the motion to reconsider is approved by majority vote, the agenda item will be placed on the agenda the following week for a vote. C. A motion to reconsider may be made by a council member at the first council meeting after that item was considered and voted upon by council. Other than the same meeting as originally voted upon or the first meeting after that original vote, a motion to reconsider is out of order. D. A motion to reconsider shall not be made to an affirmative vote on a contract and the party has been notified of the outcome, the provisions of the motion have been partially carried out, a vote has caused something to be done that cannot be undone, or some other parliamentary motion can obtain the same result. (Ord. 5585, 12-14-2020) 1-4A-26: MOTION TO RESCIND: Council members may rescind any vote by a majority vote, provided notice of the motion to rescind 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. (Ord. 5585, 12-14-2020) 1-4A-27: POINT OF ORDER: A. When a council member believes a violation of the rules contained in this Article has occurred, a point of order shall be raised. The presiding officer shall immediately provide a ruling and enforce the rules of this Article. If the presiding officer does not know the answer to the point of order, the presiding officer may refer the question to the city attorney or city clerk. B. A point of order is in order when another council member has the floor, it does not require a second, is not debatable, is not amendable, and cannot be reconsidered. The city council may appeal the decision of the presiding officer. Appeals of a ruling made by the presiding officer shall be made in accordance with Section 1-4A-7(c) of this Article. C. Timeliness: a point of order shall be raised at the time the breach of the rules of this Article occurs. A point of order shall not be made at the time the question has been put to a vote. 1-4A-2728: TIE VOTE: When a tie vote occurs, the motion fails. (Ord. 5585, 12-14-2020) 1-4A-2-g29: 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. (Ord. 5585, 12-14-2020) 1-4A-2 30: 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. C. Public meetings and formal action during those meetings are occurrences where appearances are as important as substance. The test of whether the appearance of a conflict of 1 11 DRAFT 2/2/2022 interest is present is as follows: "Would a disinterested person, having been apprised of the totality of a council member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist?" D. Prior to taking office each council member shall complete a conflict of interest declaration form. Said forms shall be filed with the chief financial officer, and council members shall be required to disclose additional conflicts of interest as they arise thereafter. E. In order to assure their independence and impartiality on behalf of the common good, council members shall not use their official positions to influence government decisions in which they have a material financial, business, or personal interest, in accordance with Iowa Code sections 68B.2A and 362.5. (Ord. 5585, 12-14-2020) 1-4A-3031: CONFLICT OF INTEREST PROTEST: Council members seeking to disqualify a council member from participating in a decision based on a conflict of interest shall 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. (Ord. 5585, 12-14-2020) 1-4A-32: GENERAL RULES FOR PUBLIC PARTICIPATION: A. Iowa Code chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public is required to follow the rules listed in this article when speaking during any meeting of the city council. B. 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. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. (Ord. 5585, 12-14-2020) 1-4A-3233: PUBLIC COMMENT SECTION OF THE AGENDA: A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5)three (3) minutes only if they have registered with the city clerk's office no later than four o'clock ('I :00) P.M. on the day of the council meeting. Individuals who have not rcgistcrcd shall not be permitted to speak during the public comment portion of the agenda.during the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking. C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda. (Ord. 5585, 12- 14-2020) 1-4A-3334: PUBLIC COMMENT DURING PUBLIC HEARINGS: Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (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. (Ord. 5585, 12-14- 2020) 1-4A-3435: PUBLIC COMMENT DURING REGULAR SESSION AND SPECIAL SESSION AGENDA ITEMS: At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. (Ord. 5585, 12-14-2020) 1-4A-3536: PUBLIC COMMENT DURING WORK SESSION AND PLANNING SESSION, MEETINGS: 12 DRAFT 2/2/2022 A. Work Session: The city council shall not receive any public comment during a work session. B. Planning Session: The city council shall only receive public comment on bill payments and emergency agenda items listed on a planning session agenda. On only these items individuals may speak for a maximum of three (3) minutes. Public comment on bill payments and The city council shall not receive any public comment during the meeting on agenda items designated as planning discussion topics. (Ord. 5585, 12-14-2020) 1-4A-3637: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT ARMS: Violations of the rules for public participation listed in this article 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 city council. The presiding officer may direct the sergeant at arms to eject anyone from the council meeting for disruptions of any kind. (Ord. 5585, 12-14-2020) ARTICLE B. CONFIDENTIAL INFORMATION SECTION: 1-4B-1: PURPOSE 1-4B-2: SCOPE 1-4B-3: INTERPRETATION 1-4B-4: CONFIDENTIAL INFORMATION 1-4B-5: CLOSED SESSIONS 1-4B-6: VIOLATION 1-4B-1: PURPOSE: The purpose of this article is to establish rules for elected officials and employees concerning the dissemination of confidential information and emphasize their duty to protect the city from liability or financial loss by disseminating confidential information. (Ord. 5585, 12-14-2020) 1-4B-2: SCOPE: Confidential information shall include but not be limited to the following: information deemed confidential pursuant to Iowa Code section 22.5, information presented during closed session 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. (Ord. 5585, 12-14-2020) 1-4B-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. (Ord. 5585, 12-14-2020) 1-4B-4: CONFIDENTIAL INFORMATION: A. Elected officials and employees shall respect the confidentiality of information concerning the property, personnel, or affairs of the city. An elected official or employee 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 or employee 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 and employees 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. (Ord. 5585, 12-14-2020) 13 DRAFT 2/2/2022 1-4B-5: CLOSED SESSIONS: Information discussed or to be 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 special session of the city council when action is required by council. This section shall apply to any individual present for a close session meeting. (Ord. 5585, 12-14-2020) 1-4B-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 and employees 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 shall include specific, detailed information to support the allegation. The complaint shall then be referred to the city attorney or appropriate staff member for investigation. C. Violations of this article may include but are not limited to the following penalties: 1. Censure: Censure may apply to elected officials and proceedings shall be conducted in accordance with article Article 1-4C-4D 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. Personal Liability: An elected official may be personally liable if acts in the performance of a duty are performed with intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. (Ord. 5585, 12-14-2020) ARTICLE C CODE OF ETHICAL CONDUCT SECTION: 1-4C-1: PURPOSE 1-4C-2: DEFINITIONS 1-4C-3: SCOPE 1-4C-4: STANDARDS OF CONDUCT 1-4C-5: EX-PARTE COMMUNICATIONS 1-4C-6: DISCLOSURE OF INTEREST AND RECUSAL PROCEDURES 1-4C-7: ADVISORY OPINIONS 1-4C-8: REPORTING OF ETHICS VIOLATION OF A MEMBER 1-4C-9: PENALTIES, FORFEITED POSITION, EXEMPTIONS; INJUNCTIONS 1-4C-10: DISTRIBUTION OF CODE OF ETHICS 1-4C-1: PURPOSE: Accepting a position as an elected official or appointed official of the City of Waterloo carries with it the acceptance of trust placed on that individual by the public to strive to further the interest of all citizens and operate an effective local government with integrity. In addition, public decision -making should be open and accessible to the public at -large. To preserve the public trust, elected and appointed public officials shall adhere to the following principles: 1. shall represent and work towards the public interest and not towards private or personal interests; 2. shall accept and maintain the public trust to the degree that preserves and enhances the public's confidence in their government officials; 3. shall exercise leadership with integrity and in a manner that builds public trust; 4. shall recognize the proper role of all government bodies and the relationships between other government bodies; 5. shall demonstrate respect for others and for other positions; and 1 14 DRAFT 2/2/2022 6. shall comply with both the letter and spirit of the laws and policies affecting the operations of government. 1-4C-2: DEFINITIONS: For the purpose of this Article, the following words and phrases shall have the meanings ascribed to them by this Section. A. Advisory Board shall mean any ad hoc committee, board, committee, or commission of the city that functions in an advisory or study capacity to aid a governmental body in decision making B. Business Entity shall mean a sole proprietorship, partnership, firm, corporation, estate, association, holding company, joint-stock Company, receivership, trust, or any other entity recognized by law. C. Governmental body shall mean the same as term governmental body defined by Iowa Code Section 21.2(1). D. Knowingly shall mean a person acts with knowledge, with respect to the nature of their conduct or to circumstances surrounding their conduct when they are aware of the nature of their conduct or that the circumstance exist. A person acts knowing or with knowledge, with respect to a result of their conduct when they are aware that their conduct is reasonably certain to cause the result. E. Member shall mean any elected individual and any appointed member of a board, commission, advisory board, task force, or committee established by the mayor, a governmental body by ordinance, resolution, or charter, or state law. F. Substantial Interest shall mean: 1. A person has a substantial interest in the business entity if: a. the interest is ownership of ten percent (10%) or more or five thousand dollars ($5,000) or more of fair market value of the business entity; or b. funds received by the person from the business entity exceed ten percent (10%) of the person's gross income for the previous year; or c. the person holds a position of member of the board of directors or other governing board of the business entity; or d. the person serves as an elected officer of the business entity' or e. the person is an employee of the business entity; or f. the person is a creditor, debtor, or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more; or g. property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. 2. A person does not have a substantial interest in a business entity if: a. the person has been designated by the city council to serve as a member of the board of directors or other governing board of a business entity; and b. the person receives no remuneration, either directly or indirectly, for their service on such board; and c. the primary nature of the business entity is either charitable, non-profit, or governmental. 3. A person has a substantial interest in real property if the interest is an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. 4. A person has a substantial interest under this ordinance if the person's spouse or a person related to the person in the first degree by consanguinity or affinity has a substantial interest under this ordinance. A person is related in the first degree of consanguinity to their father, mother, brother, sister, son, or daughter. A person is related in the first degree of affinity to their father-in-law, mother-in-law, brother's spouse, sister's spouse, son-in-law, or daughter- in-law. 1-4C-3: SCOPE: This article shall apply to all members of the City of Waterloo. 1-4C-4: STANDARDS OF CONDUCT: 15 DRAFT 2/2/2022 A. General Principles: Members shall comply with the laws of the United States, the State of Iowa, and the City of Waterloo, Iowa's ordinances and policies in performance of their public duties. Members shall work for the common good of the people of Waterloo, Iowa and not for an individual person or personal interest. B. Conduct of Members and Conduct of Meetings: Professional and personal conduct of members must be above reproach and must avoid even the appearance of impropriety. Members shall refrain from abusive conduct and should also refrain from making personal charges or verbal attacks upon the character or motives of other members. Members shall treat the public, city employees, and fellow members in a respectful manner During and outside of meetings of a governmental body, members shall strive to discuss city business in an informed and factual manner C. Public Meetings: Members shall prepare themselves for all public meetings, listen attentively to all public discussions, hearings, and presentations, and participate in the business of the governmental body. Members shall refrain from interrupting speakers, making personal comments not pertaining to the business of the governmental body, from making any comments that are inappropriate or otherwise interfere with the orderly conduct of the meetings. Members shall conduct themselves according to the rules established by city ordinance, resolution, Iowa law, and by-laws of the board or committee. Members shall base their decisions on the merit and substance of the matter at hand and not upon a political, personal, or unrelated considerations in decision making D. No member, directly or indirectly, or by others on their behalf or their request, or suggestion shall: 1. engage in any private business, transaction, or employment or have any substantial interest therein, which is incompatible or in conflict with the proper and impartial discharge of their duties on behalf of the city or which would be in violation of conflict of interest prohibitions found at Iowa Code Section 68B.2A, or which would violate provisions of Iowa Code Section 362.5(2); 2. represent any private party before the governmental body on which the member sits or over which the member has appointment or budgetary powers; 3. disclose without authorization or use to further a personal interest, confidential information acquired in the course of their official duties; 4. grant or influence the granting of any special consideration, advantage or favor, to any person, group firm, or corporation beyond that which is the general practice to grant or make available to the public at -large; 5. accept anything of economic value such as money, service, gift, loan gratuity, favor or promise thereof for the purpose and intent of which is to influence any such member in the exercise of their official judgment, power, or authority, unless specifically exempted by Iowa Code Section 68B.22; 6. make personal use of staff, vehicles, equipment, materials, or property of the city except in the course of their official duties or as duly authorized through the proper process. 7. participate in the appointment, vote for the appointment, or discussion of any appointment of an immediate family member or business associate or use their position, directly or indirectly, to effect the employment status of an immediate family member or business associate to any city office or position, paid or unpaid; and 8. receive or have any financial interest in any sale to the city of any real estate when such financial interest was received under circumstances which would lead a reasonable person to expect that the city intended to purchase, condemn, or lease said real estate. 1-4C-5: EX-PARTE COMMUNICATIONS: In any such quasi-judicial matter (e.g. personnel decisions, condemnation proceedings, zoning rules, matters involving the issuance of a permit or license, or other such matter) or the award of a contract before a governmental body, a member of that governmental body shall not communicate with or accept a communication from a person for which there are reasonable grounds for believing to be a party to the matter being considered, if such communication is designed to influence the councilor's, board member's, or officer's actions on that matter. If such communication should occur, the member shall disclose it at an open meeting of the governmental body prior to its consideration of the matter. 1-4C-6: DISCLOSURE OF INTEREST AND RECUSAL PROCEDURES: 1 16 DRAFT 2/2/2022 Whenever a matter comes before the governmental body as to which any conflict of interest standard, as prescribed in Section 1-4C-4, applies to one of its members, the following provisions shall apply: A. A member shall disclose the existence of any substantial interest in a business entity or real property involved in any decision pending before a member or the governmental body of which the individual is a member. B. Following such disclosure, the member shall not participate in any consideration, discussion, or vote on the matter before the governmental body. C. The member shall not, during any part of the meeting of the governmental body pertaining to the matter requiring the disclosure, represent, advocate on behalf of or otherwise act as the agent of the person or business entity in or with which the member has such an interest or relationship. D. The foregoing shall not be construed as prohibiting the member from testifying as to factual matters at a hearing of the governmental body if requested by a majority of the members of the governmental body. 1-4C-7: ADVISORY OPINIONS: A. Where any member has a doubt as to the applicability of any provision of this Article to a particular situation, they may request an advisory opinion from the city attorney. The individual shall have the opportunity to present their interpretation of the facts at issue and of the applicability of this Article before such advisory opinion is made. B. Until amended or revoked, any advisory opinion shall be binding on the city in any subsequent actions concerning the member who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. 1-4C-8: REPORTING OF ETHICS VIOLATION OF A MEMBER: A. The City Council shall have the primary responsibility for the enforcement of this Article on any member of a governmental body of the City of Waterloo. City council may direct the city attorney by resolution to investigate or prosecute any apparent violation of this Article. The city attorney may appoint any qualified attorney to investigate or prosecute any violation or series of violations of this code by one or more persons. At the direction of the city council, the attorney shall have the power to investigate any complaint, to initiate any suit, and to prosecute any action on behalf of the city where such action is appropriate. B. Any person who believes that a violation of any portion of this Article by a member has occurred, may file a complaint with the City Clerk to forward to the City Council, who may then proceed as provided in Subsection A of this Section. Nothing in this Article shall be construed to prevent complaints from instituting direct legal action through the appropriate judicial authority. 1-4C-9: PENALTIES, FORFEITED POSITION, EXEMPTIONS; INJUNCTIONS: A. Except where otherwise provided by State law, it is not the intent of this Article that violations therefore be subject to criminal penalties. B. Whenever it is determined that any Council member, board member, or officer has beyond a reasonable doubt violated any provision of this Article, such individual shall be subject to discipline. Discipline may include the following: 1. Council members: Any alleged violation of this Article is grounds for censure and shall follow the rules for filing a censure complaint as listed in Article 1-4D of this Code. 2. Appointed members: Any member appointed to serve on a governmental body of the City of Waterloo shall be subject to discipline as determined by the city council. The mayor or any Council member who becomes aware of a violation of this Article shall be required to file a complaint to initiate disciplinary action. The city council shall be limited to the following disciplinary action: a. Censure: Censure by the city council shall be executed in accordance with Article 1-4D of this Code. The mayor or mayor pro tem shall be required to initiate a censure complaint. b. Removal from appointed position: The city council may, by resolution, remove an individual appointed to a governmental body. Such resolution shall require an affirmative vote of five members of the city council to pass. Any individual removed from an appointed position on a governmental body of the City of Waterloo shall be prohibited from being appointed to any other governmental body of the City of Waterloo or employed by the city. To initiate removing an individual from an appointed position 17 DRAFT 2/2/2022 due to violations of this Article, the mayor or any Council member shall follow complaint procedures listed in Section 1-4D-3, Subsections A-C of this Code. 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 a preponderance of evidence exists to warrant removing the accused appointed member. A resolution recommending removal shall be placed on the city council agenda for a vote within fourteen (14) days of the date of the report and the report shall be included as an exhibit to the resolution. If the report is in the negative, the complaint shall not proceed to removal. A negative report may recommend corrective action be taken by the accused to prevent further issue. C. Any contract or transaction which was the subject of an official act or action of the City in which there is an interest prohibited by this Article or which involved the violation of a provision of this Code, shall be voidable at the option of the City Council. 1-4C-10: DISTRIBUTION OF CODE OF ETHICS: The Mayor shall cause a copy of this Article to be distributed to every member of the city within thirty (30) days after the enactment of this Article. Each member thereafter shall be furnished a copy of said Article before entering upon the duties of their office or position. Any individual that receives a copy of this Article shall sign a written statement acknowledging receipt, understanding, and agreement to abide by this Article. ARTICLE ED. CENSURE OF ELECTED OFFICIALS SECTION: 1-1C1D-1: PURPOSE 1-1 Cl D-2: CENSURE DEFINED 1-1CID-3: COMPLAINT PROCEDURE 1-1 Cl D-4: CENSURE 1-1C'D-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. (Ord. 5585, 12-14-2020) 1-dC4D-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. (Ord. 5585, 12-14-2020) 1-1C1D-3: COMPLAINT AND PROCEDURE: A. Contents of Complaint: The mayor or Aany member of the city council may file a written complaint concerning an alleged violation of this code or of city policy by a council member, OF the mayor, or appointed member of a governmental body as defined by Section 1-4C-2(D). The complaint shall provide include the following: 1_sSpecific allegations and supporting evidence of specific conduct alleged to violate this code or adopted city policy. 2. Specific references to code sections or adopted city policies the complainant alleges were violated. Copies of the code section or policy shall be included with the complaint. 3. Complaints must include specific dates the alleged violations occurred. B. Filing: The complaint shall be filed with the mayor, or if the mayor is involved, with the mayor pro tem. Complaints must be filed within six months of discovering the alleged violation. Complaints filed after the time limitation shall be rejected. A censure complaint may be filed at the time of a regular session meeting but the complainant shall be prohibited from reading or commenting on the contents of the complaint during the meeting. BC. Investigation: 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. The mayor or mayor pro tem shall also forward the complaint city clerk to receive and file, and to the accused individual. 18 DRAFT 2/2/2022 EC. Report: 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 a preponderance of 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 and the report shall be included as an exhibit to the resolution. 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. (Ord. 5585, 12-14-2020) 1--'1C'ID-4: CENSURE: A. 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 city council shall be prohibited from amending the resolution. The resolution shall be approved by five (5) affirmative votes of the council. The accused council member or mayor may participate in deliberations. The accused council member or mayor shall be allowed to speak to the contents of the resolution and findings within the investigation prior to a vote on the resolution. The accused council member may vote on the censure resolution. B. Immediately following an affirmative vote to censure, the mayor may address the censured council member by stating that the censured council member should take noticc of the censure and govern themselves accordingly. The mayor pro tem may make this announcement if the mayor is the subject of the censure. (Ord. 5585, 12 14 2020) 1 19 CITY OF WATERLOO Council Communication Discussion of amendments to the plumbing and mechanical code. City Council Meeting: 8/15/2022 Prepared: 8/3/2022 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 8/3/2022 - 4:56 PM ATTACHMENTS: Description Type ❑ Ordinance as proposed Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation, Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: Discussion of amendments to the plumbing and mechanical code. Submitted By: Greg Alhelm, Building Official CHAPTER 4 PLUMBING REGULATIONS SECTION: 9-4-1: Title 9-4-2: Application And Scope 9-4-3: Plumbing Inspector 9-4-4: Defective Work; Unsanitary Conditions 9-4-5: Maintenance And Repairs Of Double Or Multiple House Sewer Connections 9-4-6: Work Requiring Permit Or Approval 9-4-7: Installation By Owner 9-4-8: Notification For Inspection 9-4-9: Applicability To Existing Buildings 9-4-1: TITLE: This chapter shall be known as the WATERLOO PLUMBING CODE and may be so cited and may be referred to hereinafter as "the code" or "this code". (Ord. 5392, 3-20-2017) 9-4-2: APPLICATION AND SCOPE: The provisions of this chapter shall include and apply to all plumbing work, plumbing installations and plumbing equipment hereinafter installed, constructed, altered, serviced or repaired in, for or about any new, remodeled or relocated building or structure in the city. (Ord. 5392, 3-20-2017) 9-4-3: PLUMBING INSPECTOR: A. Appointment: The plumbing inspector shall be appointed by the mayor and city council after being tested by the civil service commission and upon recommendation by the building official, and shall work under the direction of the building official. B. Qualifications: 1. The appointee shall be a licensed practical journeyman or master plumber with not less than ten (10) years' experience; shall possess a certificate of competency issued by the city or must submit to an examination of competency administered by the city board of plumbing examiners; shall possess a valid driver's license; shall possess such executive ability and requisite for the performance of required duties; shall have thorough knowledge of the standard materials and methods used in the installation and maintenance of plumbing equipment; shall be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to sanitation and plumbing and any orders, rules and regulations issued by authority thereof and in the uniform plumbing code. 2. The plumbing inspector shall hold a current journeyman plumber's license with the city and shall be required to pass an examination for journeyman prior to appointment. C. Powers And Duties: 1. The plumbing inspector is empowered to inspect any and all buildings or structures, public or private, and to, as herein provided, condemn, and order removed or remodeled and put into proper and safe condition all plumbing and plumbing related items for the protection of the public health, safety and welfare. 2. The plumbing inspector shall have power under the direction of the building official to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to matters in this chapter or not specifically covered thereby. 3. The plumbing inspector shall keep records of sewer connections from city main(s) to the property line and from the property line to each building connected to city services. 4. The plumbing inspector shall be the code and administrative authority for the administration of the plumbing code of the city. D. Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this plumbing code, or whenever the plumbing inspector or authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe, the plumbing inspector or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon by this chapter, provided that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the plumbing inspector or their authorized representative shall have recourse to every remedy by law to secure entry. E. Unlawful Activities: It shall be unlawful for the plumbing inspector to engage in the business of the sales, installation or maintenance of plumbing equipment, either directly or indirectly, and the inspector shall have no financial interest in any concern engaged in such business in the city, at any time while holding office as herein provided for. (Ord. 5392, 3- 20-2017) 9-4-4: DEFECTIVE WORK; UNSANITARY CONDITIONS: Whenever it shall come to the knowledge of the plumbing inspector that the plumbing in a building causes a nuisance or may cause disease, sickness, or otherwise becomes a hazard to health, it shall be the duty of said inspector to make an inspection of such plumbing and render a report to the proper party, setting forth the necessary repairs or alterations required to make such plumbing conform to this chapter. The inspector shall set a limit of time in which such repairs or alterations are to be made, and upon the refusal or neglect of the owner, agent, lessee or tenant to comply with said notice within the time stated, the plumbing inspector shall cause such repairs or alterations to be made and such nuisance abated and the expense of such work shall be taxed against such property and become a prior lien thereon; or the inspector may order the premises vacated and closed to further occupancy until such time as the required repairs or alterations have been made. (Ord. 5392, 3-20-2017) 9-4-5: MAINTENANCE AND REPAIRS OF DOUBLE OR MULTIPLE HOUSE SEWER CONNECTIONS: A. When it shall become necessary to make any repairs or to make any replacements or in the event of any cost of maintenance of a double or multiple house sewer between the main sewer and the lot line from which such multiple connections are extended, the owner of each structure, residence or building served by such double or multiple house sewer shall pay their proportionate share of the expenses of such repair, replacement or maintenance cost. Such double or multiple sewer shall be construed to mean from the branch opening where the individual sewers enter the double or multiple house sewer to the point of connection at the city sewer. B. In the event the owner of each structure, residence or building served by such double or multiple house sewer shall fail to maintain or repair the same or to make any replacements in the same and to pay their proportionate share of expense incident thereto, the city shall have the power to order said replacements, repairs or maintenance, as the case may be, and the actual cost thereof shall be assessed against such property by certifying to the county auditor for collection as other special taxes. (Ord. 5392, 3-20-2017) 9-4-6: WORK REQUIRING PERMIT OR APPROVAL: No building or premises shall tap any water or sewer main or have installed any private building sewer, water service, private sewage disposal plant or private water system or have connections, extensions, replacements, removals or additions of any nature to the sanitary plumbing or water supply system or disconnection of any fixture or change in the plumbing system before notifying the plumbing inspector or his assistant and securing a permit or authority to proceed with the work. (Ord. 5392, 3-20-2017) 9-4-7: INSTALLATION BY OWNER: In cases where the owner/occupant desires to do plumbing work in the owner's own residence, said owner shall make payment of required fees and a plumbing permit shall be issued. Said permit authorizes the owner only to do plumbing work in the dwelling or unit owned and occupied by said owner without licensing, certificate of insurance or help from other than family members. Said person performs all labor in connection therewith, has the necessary inspections made and complies with chapter requirements. (Ord. 5392, 3-20- 2017) 9-4-8: NOTIFICATION FOR INSPECTION: A. It shall be the duty of the permit holder to notify the inspector that his work is ready for inspection or test. All inspections require twenty four (24) hours' notice. B. It shall be the duty of the permit holder to make sure the work will stand the test prescribed before giving notification. C. If the inspector finds that the work will not stand a required test, or corrections are required, the plumber shall be required to notify the inspector when the necessary corrections are complete for reinspection. If corrections are still required, the plumber shall make corrections, notify the inspector for reinspection and pay a reinspection fee. D. If the inspector fails to appear within twenty four (24) hours, during normal working hours, of the time set for each inspection or test, the inspection or test shall be deemed to have been made; but the plumber doing the work shall be required to file an affidavit with the plumbing inspector that the work was installed in accordance with the ordinance and permit, and that it was free from defects and that the required test had been made and the system was found free from leaks. (Ord. 5392, 3-20-2017) 9-4-9: APPLICABILITY TO EXISTING BUILDINGS: If an existing building is damaged by fire or otherwise or altered in a manner to require the replacement of fifty percent (50%) or more of the structure as determined by the authority having jurisdiction, the entire building shall conform to this chapter's requirements for new buildings. (Ord. 5392, 3-20-2017) ARTICLE A. PLUMBING CODE SECTION: 9-4A-1: Uniform Plumbing Code Adopted 9-4A-2: Amendments 9-4A-1: UNIFORM PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the plumbing code of the city, that certain plumbing code known as uniform plumbing code, 2015 edition, and any further regulations or requirements of the state plumbing code, and the provisions of said plumbing code shall be controlling in the construction and maintenance of plumbing and in all other matters covered by said plumbing code within the city. (Ord. 5392, 3-20-2017) 9-4A-2: AMENDMENTS: !!! Section 102.3 Section 106.11 of the uniform plumbing code is amended by adding section 102.3.3 as follows: 102.3.3 106.12 Municipal Infraction. 102.3.3.1 106.13 Any person, firm, or corporation failing to comply with or violating any of the terms or provisions of this ordinance shall be deemed guilty of a municipal infraction and upon conviction thereof, be punished accordingly. 102.3.3.2 106.14 If any plumbing work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and in addition to penalties described, shall be corrected in accordance with this ordinance. 102.3.3.3 106.15 The omission or failure to perform any act or duty required by this ordinance or the performing of any act which is prohibited or declared to be unlawful by this ordinance, an offense or a municipal infraction pursuant to this ordinance or the uniform plumbing code, is punishable by a fine of up to two hundred dollars ($200.00), for the first offense and up to four hundred dollars ($400.00) for each subsequent offense. Section 103.4 106.16 Fees, is hereby repealed in its entirety; a new section 103.4 Fees, is hereby enacted in lieu thereof as follows: 103.4 106.17 Fees. All plumbing permit and inspection fees shall be established by resolution of the city council and paid prior to issuance of a permit or reinspection. Section 305 Sewers Required, is amended by adding the following subsection thereto: 305.4 713.41 Public Systems Available. A public water supply system and/or public sewer system shall be deemed available to premises if such premises are within two hundred (200) feet, measured along a street, alley, or easement, of the public water supply or sewer system and a connection conforming to the standards set forth in this code shall be made thereto. 602.4.1 Yard hydrants to furnish water for human consumption are prohibited, unless it is an approved fixture. Section 603.3 603.11 Specific Requirements for cross connection control is hereby amended by adding the following subsections: 603.5.21 603.12 Cross Connection Control -Containment Provisions. The purpose is to safeguard potable water supplies by preventing backflow into public water systems. 603.5.21.1 603.13 Definitions. The following definitions shall apply to section 603.3 of the Waterloo plumbing code. For the purpose of this section, these definitions supersede definitions given elsewhere in this code. 1. Administrative Authority. For the purpose of this section, the administrative authority shall be the Waterloo water works and plumbing division of the city of Waterloo building inspection department. 2. Approved Backflow Prevention Assembly For Containment. A backflow prevention assembly which is listed by the University Of Southern California- Foundation For Cross Connection Control And Hydraulic Research as having met the requirements of ANSI- AWWA standard C510-89, "Double Check Valve Backflow- Prevention Assemblies", or ANSI-AWWA standard C511-89, "Reduced -Pressure Principle Backflow-Prevention Assemblies" for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association Of Plumbing And Mechanical Officials. 3. Approved Backflow Prevention Assembly For Containment In A Fire Protection System. A backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters Laboratory (UL), and the requirement of the fire code and the building code of the city, in addition to the requirements of paragraph a(3). Devices sized smaller than 21/2" which have not been listed by Underwriters Laboratory (UL) and tested by Factory Mutual Research Corporation (FM) may be allowed if they meet the requirements of the fire code and the building code of the city. 4. Auxiliary Water Supply. Any water supply on or available to the premises other than the water purveyor's approved public water supply such as, but not limited to, a private well, pond or river. 5. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. 6. Cross Connection. Any actual or potential connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for non -potable, used, unclean, polluted and contaminated water, or other substance, to enter into any part of such potable water system under any condition. 7. Customer. The owner, operator, or occupant of a building or property which has a water service from a public water system, or the owner or operator of a private water system which has a water service from a public water system. 8. Degree Of Hazard. The rating of a cross connection or water service which indicates if it has the potential to cause contamination or pollution. 9. Double Check Valve Backflow Prevention Assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, four properly located test cocks, and two isolation valves. 10. High Hazard Cross Connection. A high hazard cross connection is a cross connection which may cause an impairment of the quality of the potable water by creating an actual hazard to the public health, through poisoning or through the spread of disease by sewage, industrial fluids or waste. 11. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross connection rather than at the water service entrance. 12. Low Hazard Cross Connection. A low hazard cross connection is a cross connection which may cause an impairment of the quality of potable water to a degree which does adversely and unreasonably affect the aesthetic qualities of such potable waters for domestic use. 13. Multiple -Family Residential Units. A multiple family residential unit shall mean a building designed to be used as residential occupancy for multiple -family units, each having separate plumbing facilities and not more than two levels of occupancy. 14. Private Owned Customer Water System Piping. Water service line pipes and plumbing fixtures connected to the public water system of the city of Waterloo which are extended to the customer's property and into the customer's building for service to the customer, regulatory control of which is defined in the city plumbing code and Waterloo water works regulations. 15. Reduced Pressure Principle Backflow Prevention Assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, a different pressure relief valve, four properly located test cocks and two isolation valves. 16. Registered Backflow Prevention Assembly Tester. A person who is registered by law to test or repair backflow prevention assemblies and report on the condition of those assemblies. 17. Thermal Expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. 18. Water Service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property or private water system, or the act of providing potable water to a customer. 603.5.21.2 603.14 Administrative Authority. 1. For the purpose of section 603.5.21.2 of the Waterloo plumbing code only, the administrative authority shall be the Waterloo water works and plumbing division of the city of Waterloo building inspection department. 2. The administrative authority shall have the right to enter, with the consent of the customer, or upon the basis of a suitable warrant issued by a court of appropriate jurisdiction, any property to inspect for possible cross connections. 3. The administrative authority may approve training programs for backflow prevention assembly testers and register backflow prevention assembly testers who successfully complete an approved training program. 4. The administrative authority may collect fees for the administration of this program. Fees shall be established by resolution of the Waterloo city council. 603.5.21.3 603.15 New Water Service. 1. Plans shall be submitted to the administrative authority to review on all new water services to determine size and degree of hazard. 2. The administrative authority shall determine if any type of backflow prevention assembly is required for containment based on the degree of hazard. 3. The administrative authority shall require, where necessary, the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 603.5.21.4 603.16 Existing Water Services. 1. Upgrades of existing water services shall be treated as new water services for the purpose of this section. 2. The administrative authority shall publish and make available to each customer a copy of the standards used to determine the degree of hazard. 3. After publication of the standards, the administrative authority shall notify customers whose premises are classified as single family residential or multiple family residential, having five units or less and not more than two levels of occupancy, of the provisions of this ordinance and compliance therewith. 4. Within six (6) months after publication of the standards, customers whose premises are not classified as single family residential shall complete and return to the administrative authority a cross connection hazard survey to be used to determine the type of containment device. 5. The administrative authority shall, on the basis of information received from customers or gathered through on -premises investigations or surveys, notify the customer that a method of backflow prevention is required. The customer shall prepare a written plan for review and approval by the administrative authority to install a device or devices for containment and/or isolation based on the degree of hazard. 6. Within the time frame specified in writing by the administrative authority, the customer shall install a backflow prevention assembly as approved by the administrative authority. 7. For existing water services, the administrative authority may inspect the premises to determine the degree of hazard. When the high hazard cross connections are found, the administrative authority shall, at its sole discretion: 7.1 Develop a schedule of compliance which the customer shall follow. 7.2 Terminate the water service until a backflow prevention assembly for containment required by the administrative authority has been installed. 8. Failure of the administrative authority to notify a customer that they are believed to have a high hazard cross connection and that they shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this section. 603.5.21.5 603.17 Customer. 1. The customer shall be responsible for ensuring that no cross connections exist without approved backflow protection within his or her premises starting at the point of service from the public potable water system. 2. The customer shall, at his or her own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the administrative authority. 3. The customer shall ensure the administrative authority is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) days after testing and/or repairs are completed. 4. In the event of a backflow incident, the customer shall immediately notify the local water supplier, the Waterloo water works. Section 603.5.21.6 603.18 Required Backflow Prevention Assemblies For Containment - Water Services. 1. An air gap or an approved reduced pressure principle backflow prevention assembly is required for water services having one or more cross connections which the administrative authority classifies as high hazard. 2. An approved double check valve assembly is required for water services having no high hazard cross connections but having one or more cross connections which the administrative authority has classified as low hazard. 3. Every water service which is required to install a backflow prevention assembly at point of entry will be required to follow section 603.4 of the uniform plumbing code at time of installation. 4. Exception. Residential - single family dwelling to be done by isolation unless specified by administrative authority. Section 603.5.21.7 603.19 Required Backflow Prevention Assemblies For Containment - Fire Protection Systems. 1. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the administrative authority determines to have any of the following. 1.1 Direct connections from public water mains with an auxiliary water supply on or available to the premises for pumper connection. 1.2 Interconnections with auxiliary supplies such as reservoirs, rivers, ponds, wells, mills or other industrial water systems. 1.3 Use of antifreezes or other additives in the fire protection system. 1.4 Combined industrial or domestic with high hazard and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. 1.5 Any other facility, connection, or condition which may cause contamination. 2. A double check valve assembly shall be required for all other fire protection systems. The double check valve shall be required on all new systems at the time of installation and on existing systems at the time that they are upgraded. 3. Submittal of proposed backflow prevention devices to the administrative authority does not relieve the designer or sprinkler contractor of the responsibility of submitting plans, including backflow prevention devices, to the fire marshal for approval. 603.5.21.8 603.20 Registration Of Backflow Prevention Assembly Tester. A backflow prevention assembly tester registered by the state of Iowa shall include his or her registration number on all correspondence and forms required by or associated with this ordinance. Section 603.5.21.9 603.21 Registered Backflow Prevention Assembly Tester Noncompliance. 1. The registration of a tester may be revoked or suspended, for a period of up to two years, for noncompliance with this ordinance. 2. Any of the following conditions constitute noncompliance: 2.1 Improper testing or repair or backflow prevention assemblies. 2.2 Improper reporting of the results of testing or of repairs made to backflow prevention assemblies. 2.3 Failure to meet registration requirements. 2.4 Related unethical practices. 603.5.21.10 603.22 Installation Of Backflow Prevention Assemblies. 1. Installation of backflow prevention assemblies shall be made by a licensed and bonded plumbing contractor of the city of Waterloo with proper permits. 2. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibilities of the customer to protect the water supply system from containment or pollution between the backflow prevention assembly and the water main. 3. Reduced pressure principle backflow prevention assemblies shall be installed so as to be protected from flooding. 4. Reduced pressure principle backflow prevention assemblies shall not be installed in underground vaults or pits. 5. All backflow prevention assemblies shall be protected from freezing. Those devices used for seasonal services may be removed in lieu of being protected from freezing; however, the devices must be reinstalled and tested by a registered backflow prevention assembly tester prior to service being reactivated. 6. If hot water is used within the water system, thermal expansion shall be provided for when installing a backflow prevention assembly for containment. 7. Provisions shall be made to convey the discharge of water from reduced, pressure principle backflow prevention assemblies, to a suitable drain. 8. No backflow prevention assemblies shall be installed in a place where it would create a safety hazard, such as but not limited to over an electrical panel or above ceiling level. 9. If interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, another backflow prevention assembly, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. 10. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in section 603.17 of the uniform plumbing code. 11. All shut-off valves conform with the current edition of the Manual Of Cross Connection Control (University Of Southern California) requirements for either ball or resilient seat gate valves at the time of installation. Ball valves shall be used on assemblies installed in piping two inches and smaller and resilient seat gate valves on assemblies installed in piping larger than two inches. 603.5.21.11 603.23 Testing Of Backflow Prevention Assemblies. 1. Testing of backflow prevention assemblies shall be performed by a registered backflow prevention assembly tester. The costs of tests required in the following paragraphs 2 through 5 shall be borne by the customer. 2. Backflow prevention assemblies shall be tested upon installation, and tested and inspected at least annually. 3. Backflow prevention assemblies which are in place, but have been out of operation for more than three months, shall be tested before being put back into operation. Backflow prevention assemblies used in seasonal applications shall be tested before being put into operation each season. 4. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered backflow prevention assembly tester immediately after repair or replacement. 5. The administrative authority may require backflow prevention assemblies to be tested at any time in addition to the annual testing requirement. 6. The registered backflow prevention assembly tester shall report the successful test of a backflow prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within fifteen (15) days of the test. 7. The administrative authority may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 603.5.21.12 603.24 Repair Of Backflow Prevention Assemblies. 1. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly testers. 2. The registered backflow prevention assembly tester shall not change the design, material, or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacements parts. 3. The registered backflow prevention assembly tester shall report the repair of a backflow prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within fifteen (15) days of the repair. The report shall include the list of materials or replacement parts used. 4. Any time fire services are discontinued for a period of time longer than necessary to test the device the tester is required to notify the fire marshal's office that the fire services are shut off for repairs. 603.5.21.13 603.25 Customer Noncompliance. The water service may be discontinued in the case of noncompliance with section 603.3.17 of the Waterloo plumbing code. Noncompliance includes but is not limited to the following: 1. Refusal to allow the administrative authority access to the property to inspect for cross connections. 2. Removal of a backflow prevention assembly which has been required by the administrative authority. 3. Bypassing of a backflow prevention assembly which has been required by the administrative authority. 4. Providing inadequate backflow prevention when cross connections exist. 5. Failure to install a backflow assembly which has been required by the administrative authority. 6. Failure to test and/or properly repair a backflow prevention assembly as required by the administrative authority. Sections 604.1 and 604.2 of section 604 Materials, are hereby repealed in their entirety; new sections 604.2 through 604.8 arc hereby enacted in lieu thereof as follows: Table 604.1 is hereby repealed in it's entirety. 604.1 604.10.1.2 Materials for water service piping shall be of lead- free brass, copper, ductile iron, or other materials approved by the administrative authority. All materials used in water supply systems except valves and similar devices shall be of like material, except when otherwise approved by administrative authority. Copper tube, when used underground, shall have a weight of not less than copper water tube type K. INSTALLATION STANDARD FOR NON-METALLIC PLASTIC WATER SERVICE PIPE - PE & PEX All water service pipes through 2" shall be type K copper, red brass, PE or PEX pipe. II PE or PEX SDR 9 200 PSI can be used for 3A" - 2" water service installations as follows: • If PE or PEX pipe is used, it shall be installed all the way from the stop box to meter. III IV V VI VII • PE or PEX pipe shall not be used for repairs or partial replacements. Intermixing of materials shall not be allowed. Type K copper is required from the tap to the stop box for all new water services in new developments and all other instances where water service is stubbed to the stop box. Copper can also be used from the stop box to the meters inside the premise on any service line through 2". PE or PEX pipe shall be installed in casing or bedded with approved backfill material. The minimum requirements for casing shall be SCH-40 or SDR- 23.5 sized to accommodate the service line and tracer wire. Backfill shall be manufactured sand, river sand, or 1/2" pea gravel placed a minimum of 3" below and 4" above the pipe unless approved by Administrative Authority. Splicing of PE or PEX pipe between stop box and meter inside the building is discouraged and will only be approved under special circumstances. PE or PEX pipe may not be used within 500' of a Leaking Underground Storage Tank or in other areas where the soil may be contaminated. You can access IDNR records. Tracer wire shall be required when PE or PEX pipe is used. Tracer wire shall be #12 solid single strand copper wire with 45 mil linear low -density polyethylene insulation suitable for direct bury. Insulation shall be blue in color. When conduit is used the tracer wire shall be placed inside the conduit. When conduit is not used tracer wire shall be installed alongside the pipe and shall be fastened to pipe with zip ties, a minimum of ever 5 feet. Tracer wire shall terminate above -ground and be accessible. Joint methods for attaching PEX pipe to fittings shall meet AWWA C 904 Standards and ASTM F1960, F2080, or F1807 Specifications. Fittings shall be installed in accordance with PE or PEX Pipe Manufactures Installation Guidelines and related plumbing codes. VIII Intermixing of approved material shall not be allowed. 604.1.1 604.10.1.3 Joints and fittings for underground water service piping must be lead- free compression or threaded brass. Fittings must meet A.W.W.A. (American Water Works Association) and Waterloo water works standards. All fittings shall maintain an effective grounding path from the meter to the main. Rubber compression fittings will not be allowed. 604.1.2 604.10.1.4 Materials for water distribution, pipes, and tubing shall be of lead-free brass, copper, ductile iron, stainless steel, or PEX water pipe. PEX water pipe, tubing, and fittings, manufactured to recognized standards may be used for hot and cold water distribution systems within a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the administrative authority. Copper tube used underground shall have a weight of not less than copper water tube type K and aboveground shall be a weight of not less than copper water tube type L. 604.1.3 604.10.1.5 Approved PEX water pipe may be used in water distribution piping except where existing metallic water distribution piping is used for electrical grounding purposes, replacement piping therefore shall be of metallic and PEX will not be allowed. Exception: Where a grounding system, acceptable to the administrative authority is installed, inspected and approved, metallic pipe may be replaced with approved PEX pipe. 604.1.4 604.10.1.6 PEX. Cross -linked polyethylene (PEX) tubing shall be marked with the appropriate standard designation(s) listed in table 14-1 for which the tubing has been listed or approved. PEX tubing shall be installed in compliance with the provisions of this section. 604.1.5 PEX Fittings. Metal insert fittings and metal compression fittings used with PEX tubing shall be manufactured to and marked in accordance with the standards for the fittings in table 14 1. 604.1.6 Water Heater Connections. PEX tubing shall not be installed within the first eighteen (18) inches (457 mm) of piping connected to a water hcter. 604.1.7 604.10.1.7 Licensed installers, employed by licensed plumbing contractors, shall be appropriately certified by the manufacturer or other approved training agency prior to commencing any PEX tubing installation. 604.1.8 Notification shall be given to plumbing inspector of intent to use PEX tubing prior to installation. Notification shall include property owner, address, and certified installer. Section 701.0 Materials, is hereby amended as follows: 701.0 Materials. less than that of copper drainage tube type L. 701.2.4.1 Copper tube for aboveground drainage and vent shall be of a weight not less than type M. Section 715 is hereby amended as follows: 715.1 .1 The building sewer, beginning two (2) feet from any building or structure, shall be schedule 40 PVC, PVC SDR 23.5, cast iron soil pipe, vitrified clay tile, truss pipe, concrete pipe or copper tube not less than type "L" hard temper. Section 717 Size Of Building Sewers, is hereby amended by adding the last sentence thereto as follows: 717,0-1.1 Size Of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with table 7-8. No building sewer shall be smaller than the building drain. Minimum size of a building sewer is four (4) inches. Section 904 Size Of Vents, is amended by adding subsection 904.3 as follows: 904.3 Main vent shall be minimum of three inches (3"). Section 906 Vent Termination, is hereby amended by repealing subsection 906.7 Frost Or Snow Closure, in its entirety; and by enacting in lieu thereof a new subsection 906.7 Frost Or Snow Closure, as follows: 906.7 Frost Or Snow Closure. Where frost or snow closure is likely to occur, vent terminals shall be minimum three inches (3") in diameter but in no case smaller than the required pipe. The change in diameter shall be made inside the building at least one (1) foot below the roof and terminate not less than 12 inches above roof. Section 1007 Trap Seal Protection, is amended by adding the following sentence thereto: 1007.0 Trap Seal Protection ... All automatic floor drain primers or trap seal valves are prohibited. Section 1008 1009.0 Industrial Interceptors (Clarifiers) And Separators, of UPC, is hereby repealed in its entirety; that a new section 1008 Industrial Interceptors (Clarifiers) And Separators, is hereby enacted in lieu thereof as follows: 1008.01009.0 Industrial Interceptors (Clarifiers) And Separators. 1008.1 1009.1 Drainage from commercial garages, gasoline filling stations, dry cleaning establishments, oil extraction plants, and other industries where oils or solvents are used, is likely to contain inflammable compound, which shall therefore be intercepted before discharging into the city sewer. The interceptor shall have a capacity sufficient to separate the oil, grease, or other inflammable compound and shall be so located and constructed to prevent fire or explosion. Drainage from commercial garages and oil stations where automobile wash racks are installed is also likely to contain mud and sand, which shall be separated from the wastes before discharging into the city sanitary sewer. Hence, the interceptor for these wastes shall afford sufficient capacity for both separating the oils and grease by flotation and the sand and mud by settling. 1008.2 1009.2 Where the wastes do not contain sand, mud or other solid material and inflammable compounds only are to be separated, the interceptor shall have a minimum capacity of 15 cubic feet with a minimum effective depth of 3 feet; and shall be provided with a vent and manhole with tightly fitting cover. 1008.3 1009.2 For drainage from commercial garages or other places where wastes are likely to contain sand, mud, or other solid material in addition to oil, grease, or other inflammable compounds, a minimum capacity of 50 cubic feet, with a minimum effective depth of 3 feet, shall be provided and a vent and manhole with tightly fitting cover shall be installed. 1008.4 1009.3 All interceptors shall be cleaned periodically. 1008.5 Interceptors shall be built of poured concrete with floors and walls not less than 5 inchcs thick. Covers shall be of poured, reinforced concrete not less than 5 inchcs thick. 1008.61009.4 Subsections 1009.1 through 1009.5 of this section shall apply except for manufactured or prefabricated concrete interceptors that comply with approved applicable standards. See "Exhibit A. Commercial Mud Trap" 39. 1008.7 1009.5 For details, see diagram marked "Exhibit B. Mud Trap Or Inflammable Waste Interceptors" 1. Section 1017.3 Residential Garage Interceptor, is hereby added as follows: 1017.3 Residential Garage Interceptor. If a drain is installed in a residential garage, an interceptor shall be required. See "Exhibit D. Residential Garage Interceptor". (Ord. 5392, 3-20-2017) ARTICLE B. PLUMBING BOARD FOR LICENSING AND APPEALS SECTION: 9-4B-1: Board Established; Composition 9-4B-2: Appointment; Terms 9-4B-3: Quorum 9-4B-4: Duties 9-4B-1: BOARD ESTABLISHED; COMPOSITION: A. Establishment Of Board: There is hereby established a plumbing board for appeals hereinafter referred to as the board, with authority and responsibility as follows: 1. To act as a board of appeals as provided in the Waterloo plumbing code. 2. To periodically review the provisions of the Waterloo plumbing code and make recommendations to the city council for improving and updating said document. B. Composition Of Board: The board shall consist of five (5) members, all of whose place of business, residence, or work is located in the city. All members shall be qualified by experience and training to pass judgment upon matters pertaining to the installation of plumbing. The membership shall be as follows: two (2) licensed master plumbers, one licensed journeyman plumber, one registered professional mechanical engineer, and one member at large, with no one company or interest being represented by more than one member of the board. The city plumbing inspector or their designee shall act as secretary to the board. (Ord. 5392, 3-20-2017) 9-4B-2: APPOINTMENT; TERMS: A. Appointment: The mayor with the approval of the city council shall appoint the members of the plumbing board for licensing and appeals. B. Terms: After the initial appointment of the board, the terms of the members shall be for three (3) years except that the initial terms shall be so arranged and staggered that the terms of no more than two (2) members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. Each member can serve a total of two (2) 3-year terms. C. Compensation: The members of the board shall serve without compensation. D. Organization: The board shall designate a member as chair and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council new legislation as is consistent therewith. (Ord. 5392, 3-20- 2017) 9-4B-3: QUORUM: Three (3) members of the board shall constitute a quorum for the transaction of business, provided that a decision on a matter relating to a specific license shall not be valid unless decided in the presence of a board member who holds a similar valid license. Any vote taken for the purpose of suspending or revoking a contractor's license shall require a majority vote of all members of the board. (Ord. 5392, 3-20-2017) 9-4B-4: DUTIES: The plumbing board for appeals shall receive applications for appeals based on a claim that the true intent of this code has been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of compliance with the code is proposed. The board shall have no authority to waive requirements of this code. The plumbing board for licensing and appeals shall also act as the Black Hawk County plumbing board for appeals, as permitted by Black Hawk County ordinance 46, the Black Hawk County plumbing code. (Ord. 5392, 3-20-2017) ARTICLE C. PLUMBING CONTRACTORS SECTION: 9-4C-1: Classification Of Plumbers 9-4C-2: Pipe Layer Business (Contractor's) License 9-4C-3: Pipe Layer's Certificate Of Insurance 9-4C-4: Conditions Of License 9-4C-5: Persons Authorized And Reporting 9-4C-6: Revocation Of Licenses 9-4C-1: CLASSIFICATION OF PLUMBERS: A. Pipe Layer: 1. Definition: "Pipe layer" shall mean a person who installs, lays, repairs, removes or caps off sanitary sewer pipe between the public sanitary sewer main in the street or easement and a point two feet (2') outside the foundation wall of a building or structure. 2. Qualifications: A pipe layer shall be qualified in the principles of the hydraulics of liquids in sewer pipes and related matters and shall be familiar with the pertinent provisions of the Waterloo plumbing code and the rules and regulations of the local and state boards of health as such provisions, rules and regulations pertain to sewers and sewer service pipes. 3. Licensing: Any person desiring to be licensed as a pipe layer shall make application to the building department on forms furnished by said department accompanied by a fee. Upon receipt of the application and fee, the building department shall schedule the administration of a test prescribed by the plumbing board. If the applicant obtains a passing score he shall be issued a pipe layer's license upon the payment of an additional fee of fifty dollars ($50.00) the first year. The renewal fee will be twenty five dollars ($25.00) per year. 4. Authorized Work: A pipe layer's license shall not be construed as license or permit to do plumbing work as a state licensed plumber in the city as defined in this chapter. Except for the installation, laying, removing, repairing or capping off of sewer between public main and a point two feet (2') outside building, every pipe layer shall be hereby prohibited from doing any plumbing work within the city unless he is licensed as a plumber by the state in conformance with the provisions of the Waterloo plumbing code, as amended. 5. Pipe Laying: No person shall engage in the construction, reconstruction, laying, alteration, repair, removal or capping off of a sanitary sewer between public main and a point two feet (2') outside building in the city without first having obtained a state plumber's license or a Waterloo pipe layer's license, along with an approved certificate of insurance on file with the city and having obtained a plumbing permit for sewer installation from the building department as required by this chapter. (Ord. 5392, 3-20- 2017) 9-4C-2: PIPE LAYER BUSINESS (CONTRACTOR'S) LICENSE: Applicants who have met the requirements of the board and upon payment of a fee of two hundred dollars ($200.00) for the first year and having in place a certificate of insurance as herein provided for, issue to such applicant a pipe layer business (contractor's) license in the name of the city of Waterloo, by the plumbing inspector. Renewal license fee will be one hundred dollars ($100.00) per year. It shall be unlawful for any person to install, erect, alter, repair, service, reset, replace thereto, as defined in the plumbing code, unless said person or some member of such firm or corporation shall first have obtained a state plumbing contractor license or pipe layer business (contractor's) license or unless such person, firm or corporation has regularly and steadily in his employ a holder of such a license, who shall be the authorized representative of the person, firm or corporation in all matters pertaining to this chapter. The authorized representative who is the holder of a state plumbing contractor license or pipe layer business (contractor's) license may not apply for permits for more than one person, firm, or corporation and the permit shall apply only to the type of work pertaining to the specific license possessed by the license holder. (Ord. 5392, 3-20-2017) 9-4C-3: PIPE LAYER'S CERTIFICATE OF INSURANCE: A pipe layer's application shall be filed with the building official (or a specified intergovernmental agency if so designated by the building official) accompanied by a certificate of insurance written by a company authorized to transact business in the state, in limits of not less than three hundred thousand dollars ($300,000.00) combined single limit to any person and one hundred thousand dollars ($100,000.00) property damage; said certificate to be written on a standard form and carrying an endorsement naming the city and its employees (or the intergovernmental agency designated by the building official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contractor by any ordinances, rules and regulations of the city. It shall be a further condition of said certificate of insurance that the obligator will hold the city (through the specified intergovernmental agency if so designated) harmless from any and all damages sustained by reason of neglect or incompetency on the part of such contractor, his agents or employees in the performance of the work done under a license or permit issued upon the filing of said certificate. Said certificate of insurance shall be issued by December 31 of each year, and shall be filed on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said certificate of insurance to also bind the individual, company, firm, association or partnership, whether it be a trade name, corporation, or other business association or arrangement with which the principal is associated. Homeowners working on their principal residence shall be exempt from filing said certificate. (Ord. 5392, 3-20-2017) 9-4C-4: CONDITIONS OF LICENSE: Any license not renewed prior to December 31 shall expire thirty (30) calendar days thereafter, and shall be renewed upon payment of a double fee. (Ord. 5392, 3-20-2017) 9-4C-5: PERSONS AUTHORIZED AND REPORTING: A. Must Be Licensed: No person other than those holding a state plumbing contractor license or pipe layer's license issued by the city of Waterloo, shall not tap any water or sewer mains, nor install any private building sewer, water service, private sewage disposal plant or private water system; nor shall they make any connections, extension, replacement, removals or additions of any nature to the sanitary plumbing or water supply system or disconnect any fixture or change the sanitary or water pipe arrangement. B. Definition: PRIVATE BUILDING SEWER: 1. That part of the horizontal piping of a drainage system between the end of the building drain (2 feet outside the building wall) and the public sewer. 2. Any private main or service starting two feet (2') outside thc building wall and extending to thc public scwer main. C. B. Exceptions: Those persons who perform the function of water softener installers only, and who do not perform any other plumbing work, may install water softeners only; provided, that said person obtains the proper permits, prior to any work performed, has in place insurance as by this chapter provided, requests and has inspected by the plumbing inspector any installations, and pays any and all inspection fees. (Ord. 5392, 3-20-2017) 9-4C-6: REVOCATION OF LICENSES: A pipe layer's license or a state plumbing contractor license may be revoked for cause by the board, after a hearing by said board, upon a written notice served upon the person in whose name said license is issued, not less than ten (10) days prior to the date of hearing, stating the time and place thereof and the grounds for such hearing. (Ord. 5392, 3-20- 2017)