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HomeMy WebLinkAboutORDINANCE 4074 ORDINANCE NO. 4074 AN ORDINANCE CHANGING BOARD AND COMMISSION TERMS TO THREE YEARS, EXCEPT THOSE GOVERNED BY STATE LAW: BY REPEALING RESOLUTION NO. 13351 , RESOLUTION NO. 16063 , AND RESOLUTION NO. 1993-95, ALL REGARDING THE COMMUNITY DEVELOPMENT BOARD; AND ENACTING IN LIEU THEREOF A NEW DIVISION 1 , COMMUNITY DEVELOPMENT BOARD, OF ARTICLE VII, BOARDS AND COMMISSIONS, OF CHAPTER 2 , ADMINISTRATION, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; BY REPEALING SUBSECTION ( a) OF SEC. 2-178, APPOINTMENT, COMPENSATION AND INITIAL AND REGULAR TERMS OF OFFICE; BOND; ORGANIZATION OF COMMISSION, OF DIVISION 2 , AIRPORT COMMISSION, OF ARTICLE VII , BOARDS AND COMMISSIONS, OF CHAPTER 2 , ADMINISTRATION, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; AND ENACTING A NEW SUBSECTION (a) OF SEC. 2-178 , APPOINTMENT, COMPENSATION AND INITIAL AND REGULAR TERMS OF OFFICE; BOND; ORGANIZATION OF COMMISSION, OF DIVISION 2 , AIRPORT COMMISSION, OF ARTICLE VII , BOARDS AND COMMISSIONS, OF CHAPTER 2 , ADMINISTRATION, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; BY REPEALING SUBSECTION ( 1 ) OF SEC. 2-193 , BOARD ORGANIZATION, OF DIVISION 4 , BOARD OF PARK COMMISSIONERS, OF ARTICLE VII , BOARDS AND COMMISSIONS, OF CHAPTER 2 , ADMINISTRATION, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; AND ENACTING A NEW SUBSECTION ( 1) OF SEC. 2-193 , BOARD ORGANIZATION, OF DIVISION 4 , BOARD OF PARK COMMISSIONERS, OF ARTICLE VII , BOARDS AND COMMISSIONS, OF CHAPTER 2 , ADMINISTRATION, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; BY REPEALING SECTION 91-10, CATV COMMISSION, OF CHAPTER 91 , CABLE TV FRANCHISE REGULATIONS, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; AND ENACTING A NEW SECTION 91- 10, CATV COMMISSION, OF CHAPTER 9A , CABLE TV FRANCHISE REGULATIONS, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; BY REPEALING SUBSECTION (d) OF SECTION 19-24, APPEAL, OF CHAPTER 19, HOUSING, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; AND ENACTING A NEW SUBSECTION (d) OF SECTION 19-24 , APPEAL, OF CHAPTER 19, HOUSING, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; BY REPEALING SUBSECTION (b) OF SEC. 29-41 , COMMISSION RULES GENERALLY, OF ARTICLE IV, REDEVELOPMENT AUTHORITY, OF CHAPTER 29, PLANNING AND ZONING GENERALLY, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; AND ENACTING A NEW SUBSECTION (b) OF SEC. 29-41 , COMMISSION RULES GENERALLY, OF ARTICLE IV, REDEVELOPMENT AUTHORITY, OF CHAPTER 29, PLANNING AND ZONING GENERALLY, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; • Ordinance No. 4074 Page 2 BY REPEALING SUBSECTION ( 2 ) (c) , TERMS OF OFFICE, OF SECTION 2A-43A(H) , DESIGN REVIEW BOARD, OF PART XVIII(A) , "H-C" HIGHWAY CORRIDOR OVERLAY DISTRICT, OF THE CITY OF WATERLOO, IOWA, ZONING ORDINANCE NO. 2479, AS AMENDED; AND ENACTING A NEW SUBSECTION ( 2 ) (c) , TERMS OF OFFICE, OF SECTION 2A-43A(H) , DESIGN REVIEW BOARD, OF PART XVIII (A) , "H-C" HIGHWAY CORRIDOR OVERLAY DISTRICT, OF THE CITY OF WATERLOO, IOWA, ZONING ORDINANCE NO. 2479, AS AMENDED; BY REPEALING SECTION 2A-49, APPOINTMENT- MEMBERSHIP, OF PART XXIII , BOARD OF ADJUSTMENT, OF THE CITY OF WATERLOO, IOWA, ZONING ORDINANCE NO. 2479, AS AMENDED; AND ENACTING A NEW SECTION 2A-49, APPOINTMENT- MEMBERSHIP, OF PART XXIII , BOARD OF ADJUSTMENT, OF THE CITY OF WATERLOO, IOWA, ZONING ORDINANCE NO. 2479 , AS AMENDED; BY REPEALING SECTION 503 , TERM OF OFFICE, OF ARTICLE V, BOARD OF HEATING, OF CITY OF WATERLOO HEATING , AIR-CONDITIONING , VENTILATION CODE (ORDINANCE NO. 1971, AS AMENDED) ; AND ENACTING A NEW SECTION 503 , TERM OF OFFICE, OF ARTICLE V, BOARD OF HEATING, OF CITY OF WATERLOO HEATING, AIR-CONDITIONING, VENTILATION CODE (ORDINANCE NO. 1971, AS AMENDED) ; AND BY REPEALING SECTION 3 , APPOINTMENT, OF ARTICLE XVII , BOARD OF PLUMBER EXAMINERS, OF THE CITY OF WATERLOO PLUMBING ORDINANCE (ORDINANCE NO. 2234 , AS AMENDED) ; AND ENACTING A NEW SECTION 3 , APPOINTMENT, OF ARTICLE XVII , BOARD OF PLUMBING EXAMINERS, OF THE CITY OF WATERLOO PLUMBING ORDINANCE (ORDINANCE NO. 2234, AS AMENDED) . BE IT ORDAINED BY THE CITY COUNCIL of the City of Waterloo, Iowa: That Resolution No. 13351, Resolution No. 16063 , and Resolution No. 1993-95, all regarding the Community Development Board, are hereby repealed in their entirety; that a new Division 1 , Community Development Board, of Article VII , Boards and Commissions, of Chapter 2, Administration, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: ARTICLE VII . BOARDS AND COMMISSIONS DIVISION 1 . COMMUNITY DEVELOPMENT BOARD Sec. 2-166. Urban renewal power. That the City of Waterloo elects to have its urban renewal power exercised by the City Council of Waterloo with the assistance of a Board as created herein. That said Board shall be known as the Community Development Board. Sec. 2-167. Term of office. The Community Development Board shall consist of seven ( 7) members, and the terms of office shall commence on March 1st. Board members holding office on February 20, 1995, shall serve the remainder of their current five-year terms. Of the two new members, one member shall hold office for two ( 2 ) years, and one member shall hold office for three ( 3 ) years. All future Ordinance No. 4074 Page 3 appointments to this Board shall be made by the City Council for three ( 3 ) year terms. Sec. 2-168. Rules and regulations. The Board shall adopt such rules and regulations governing its organization and procedure as may be deemed necessary, and it shall make an Annual Report to the City Council on or before the first day of March in each year, such report to contain its proceedings with a full statement of its receipts, disbursements and the progress of its work for the preceding fiscal year. The Community Development Board shall follow and conform to all City of Waterloo policies and procedures regarding the appointment and compensation of personnel. Sec. 2-169. Appropriation. The Council shall annually appropriate a sum of money from the general funds for the payment of the expense of such Board. The Board shall have full, complete and exclusive authority to expend for and on behalf of such City all sums of money so appropriated. All such expenditures shall be made pursuant to and in conformance with the Board' s established policies and procedures. Gifts, donations or payments which are received by such City for urban renewal purposes shall be placed in such fund, to be used by the Board in a manner appropriate for its purpose. Said Board shall have no power to contract debts beyond the amount of its income for the current year. Sec. 2-170. Urban renewal. Said Board shall be responsible for the preparation and execution of a general urban renewal program for the city, including specific urban renewal projects, and all other activities incidental to the successful carrying out of an urban renewal program, as outlined in Iowa Code Chapter 403 ( 1993 ) , and any amendments thereto, subject to the approval of the City Council. Policies and procedures shall be adopted by the Board and submitted to the City Council. The City Council may, by further resolution, amend or reverse actions taken by the Board if it determines said actions (or lack thereof ) are not in conformance with the Board' s established policies and procedures or the policies and procedures in question is not in the best interest of the City. That Subsection (a) of Sec. 2-178, Appointment, compensation and initial and regular terms of office; bond; organization of Commission, of Division 2, Airport Commission, of Article VII , Boards and Commissions, of Chapter 2, Administration, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection ( a) of Sec . 2-178, Appointment, compensation and initial and regular terms of office; bond; organization of Commission, of Division 2 , Airport Commission, of Article VII , Boards and Commissions, of Chapter 2, Administration, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Sec. 2-178. Appointment, compensation and initial and regular terms of office; bond; organization of Commission. (a) The members of the Airport Commission shall be appointed by the Mayor, which appointment shall be approved by the Council. Commissioners holding office on February 20, 1995, shall serve the remainder of their current six-year terms . All subsequent appointments shall be for a term of three ( 3 ) years. Vacancies shall be filled in the same manner as original appointments. Ordinance No. 4074 Page 4 That Subsection ( 1 ) of Sec. 2-193 , Board organization, of Division 4, Board of Park Commissioners, of Article VII , Boards and Commissions, of Chapter 2, Administration, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection ( 1 ) of Sec. 2-193 , Board organization, of Division 4 , Board of Park Commissioners, of Article VII , Boards and Commissions , of Chapter 2 , Administration, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Sec. 2-193 . Board organization. ( 1 ) Membership; term. The board of park commissioners shall consist of seven ( 7 ) members to be appointed by the mayor with the approval of the council. The regular, full term of office for six ( 6) of the members shall be three ( 3 ) years . Members holding office on February 20, 1995 , shall serve the remainder of their six-year term. One ( 1 ) member shall be a member of the board of recreation commissioners; this member ' s term shall expire simultaneously with the expiration of the term on the recreation commission. The commissioners shall hold their office until their successors are appointed and qualified. Said appointments shall be made upon the expiration of each current term of office. That Section 92-10, CATV commission, of Chapter 9i , Cable TV Franchise Regulations, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Section 9z-10, CATV commission, of Chapter 91 , Cable TV Franchise Regulations, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Sec. 9i-10. CATV commission. The mayor, with concurrence of the city council, shall appoint a CATV commission consisting of eleven ( 11 ) citizens of Waterloo to serve without pay. Commissioners holding office on February 20, 1995 , shall serve until their terms expire on December 1 , 1995 . Thereafter, three members shall be appointed for a term of one ( 1 ) year, four members shall be appointed for a term of two ( 2) years, and four members shall be appointed for a term of three ( 3 ) years. All subsequent appointments shall be for a term of three ( 3 ) years. The duties of this commission shall be: (a) To observe the operations of the grantee and make recommendations to the city council concerning cable television operations; and (b) To review and evaluate all programming to be provided by the grantee. In case any disagreement shall arise between the grantee and the CATV commission regarding subsections ( a) and (b) as above, such disagreement shall be referred to three arbitrators, one to be appointed by each party and the third to be appointed by the two ( 2 ) so by the parties appointed; and the award shall be made within thirty ( 30) days after the reference to said arbitrators. If either party shall refuse or neglect to appoint an arbitrator within ten ( 10 ) days after the other shall have appointed an arbitrator and served written notice thereof upon the other requiring him to appoint an arbitrator, then the arbitrator so appointed by the first party shall have power to proceed to arbitrate and determine the matters of disagreement as if he were an arbitrator appointed by both the parties hereto for that purpose, and his award in writing signed by him shall be final; Ordinance No. 4074 Page 5 provided that such award shall be made within thirty ( 30) days after such refusal or neglect of the other party to appoint an arbitrator. That Subsection (d) of Section 19-24 , Appeal, of Chapter 19, Housing, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection (d) of Section 19-24 , Appeal, of Chapter 19, Housing, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Sec. 19-24. Appeal. (d) Housing appeals board. The housing appeals board shall consist of five ( 5 ) members with three ( 3 ) members necessary to conduct a meeting, hearing or make any decision. Members holding office on February 20, 1995, shall serve the remainder of their current terms. Thereafter, all appointments shall be for a term of three ( 3 ) years . The board shall consist of a homebuilder, a lawyer, a tenant, a landlord and a member-at-large. That Subsection (b) of Sec. 29-41 , Commission rules generally, of Article IV, Redevelopment Authority, of Chapter 29, Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection (b) of Sec. 29-41 , Commission rules generally, of Article IV, Redevelopment Authority, of Chapter 29, Planning and Zoning Generally, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Sec. 29-41 . Commission rules generally. (b) Term of office. The fifteen ( 15) members of the Waterloo Redevelopment Authority from the City at large shall serve a term of office of three ( 3 ) years. Members holding office on February 20, 1995, shall serve the remainder of their current four-year terms. That Subsection ( 2) (c) , Terms of Office, of Section 2A-43A(H) , Design Review Board, of Part XVIII (A) , "H-C" Highway Corridor Overlay District, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479 , as amended, is hereby repealed in its entirety; that a new Subsection ( 2 ) (c) , Terms of Office, of Section 2A-43A(H) , Design Review Board, of Part XVIII (A) , "H-C" Highway Corridor Overlay District, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows: PART XVIII (A) "H-C" HIGHWAY CORRIDOR OVERLAY DISTRICT 2A-43A(H) DESIGN REVIEW BOARD 2 . DESIGN REVIEW BOARD c. Terms of Office The term of service on the Design Review Board shall be three ( 3 ) years. Members holding office on February 20, 1995, shall serve the remainder of .their current two-year terms. Each member shall serve until the appointment of a successor. Ordinance No. 4074 Page 6 • That Section 2A-49, Appointment-Membership, of Part XXIII , Board of Adjustment, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as amended, is hereby repealed in its entirety; that a new Section 2A-49, Appointment-Membership, of Part XXIII , Board of Adjustment, of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as amended, is hereby enacted in lieu thereof as follows : PART XXIII Board of Adjustment 2A-49 APPOINTMENT - MEMBERSHIP A Board of Adjustment is hereby established which shall consist of five ( 5) members each appointed to a term of three ( 3 ) years . Members holding office on February 20, 1995, shall serve the remainder of their current five-year terms . Members shall be removable for cause by the appointing authority by written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. That Section 503 , Term of Office, of Article V, Board of Heating, of City of Waterloo Heating, Air-Conditioning, Ventilation Code (Ordinance No. 1971 , as amended) is hereby repealed in its entirety; that a new Section 503 , Term of Office, of Article V, Board of Heating, of City of Waterloo Heating, Air-Conditioning, Ventilation Code (Ordinance No. 1971 , as amended) is hereby enacted in lieu thereof as follows: ARTICLE V Board of Heating Section 503 - Term of Office The term of office for members of the Heating Board shall be three ( 3 ) years. Members holding office on February 20, 1995 , shall serve the remainder of their current two-year terms. That Section 3 , Appointment of Article XVII , Board of Plumber Examiners, of the City of Waterloo Plumbing Ordinance (Ordinance No. 2234, as amended) is hereby repealed in its entirety; that a new Section 3 , Appointment, of Article XVII , Board of Plumbing Examiners, of the City of Waterloo Plumbing Ordinance (Ordinance No. 2234, as amended) is hereby enacted in lieu thereof as follows: ARTICLE XVII Board of Plumbing Examiners Sec. 3 . Appointment. The member nominated by the Mayor and appointed by the City Council who sits upon the Board of Plumbing Examiners shall be appointed but may be removed at any time for cause by the City Council. Commencing with the first regular council meeting in March, one master plumber and one journeyman plumber whose terms have expired shall be appointed to the Board of Plumbing Examiners for a term of three years or until their successors shall have been appointed and qualified. Members holding office on February 20, 1995, shall serve the remainder of their current two-year terms. At time of appointments there shall be only one Board member from any one shop. Master plumbers and journeyman plumbers on the Board Ordinance No. 4074 Page 7 must have had their licenses for at least five years and be recommended by their respective groups. INTRODUCED: February 20, 1995 PASSED 1ST CONSIDERATION: February 20, 1995 PASSED 2ND CONSIDERATION: February 20, 1995 PASSED 3RD CONSIDERATION: February 20, 1995 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th day of February, 1995, and approved by the Mayor on the 22nd day of February, 1995 . A / / John R. Rooff, May ATTEST: vhd2A.-1) 74;Vita7L-) Susan Fangman, CEity Clerk CERTIFICATE I , Susan Fangman, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4074, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 20th day of February, 1995. Witness my hand and seal of office this 22nd day of February, 1995. j(/A„a-4_) Susan Fangman, Ci Clerk SEAL at