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Home My WebLink About06/26/2017Council Work Session June 26, 2017 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 3:40 p.m. Discussion of Automated Traffic Enforcement contract and ordinance. Submitted By: Daniel J. Trelka, Chief of Police Approx. Discussion of plans, renovations, and improvements to Downtown 4:10 p.m. Waterloo Convention Center and Ramada Hotel. Submitted By: Noel Anderson, Community Planning & Development Director ADJOURNMENT Kelley Felchle, CMC City Clerk CITY OF WATERLOO Council Communication Discussion ofplans, renovations, and improvements to Downtown Waterloo Convention Center and Ramada Hotel. City Council Meeting: 6/26/2017 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Anderson, Noel Approved 6/21/2017 - 6:39 PM Clerk Office Felchle, Kelley Approved 6/21/2017 - 7:25 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Discussion ofplans, renovations, and improvements to Downtown Waterloo Convention Center and Ramada Hotel. Submitted By: Noel Anderson, Community Planning & Development Director Attend work session to hear about upcoming projects Edwin Leslie of Leslie Hospitality Consulting will present plans for the renovations and improvements to Ramada Hotel and Convention Center. Strategic Plan goals 1, 3, and 4 on job creation, increased tax base, and improving image of Waterloo. CITY OF WATERLOO Council Communication Discussion of Automated Traffic Enforcement contract and ordinance. City Council Meeting: 6/26/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 6/13/2017 - 2:53 PM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:59 AM ATTACHMENTS: Description Type D ATE draft ordinance Cover Memo SUBJECT: Discussion of Automated Traffic Enforcement contract and ordinance. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Ultimate approval of an ATE ordinance. Summary Statement: Expenditure Required: Source of Funds: There are several identifiable traffic controlled intersections where accidents are occurring more often and at a greater frequency than other intersections in the city. In addition, more incidents of careless, reckless, aggressive, and distracted driving is being observed throughout the city. The police department would like to implement an Automated Traffic Enforcement (ATE) program to address these issues. One of the dynamics of such a program is the passage of an ATE ordinance. Strategy 2.2 "Enlist all City departments and staff members in efforts to promote a safer community" Policy Issue: Strategy 3.1 "Continue to implement and explore new options for revenue generation for the City". Alternative: Background Information: 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT A. General: The City of Waterloo, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the Chief of Police, or his designee, or fail to obey speed regulations at other locations in the city. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Video images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's traffic control ordinances and are to receive a notice of violation for the offense. B. Definitions: 1. Automated Traffic Citation shall mean a notice of fine generated in connection with the automated traffic enforcement system. 2. Automated Traffic Enforcement Contractor shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the Automated Traffic Enforcement System. 3. Automated Traffic Enforcement System shall mean an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller or police department employee to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control device or speed restriction. 4. Vehicle Owner shall mean the person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle. C. Vehicle Owner's Civil Liability for Certain Traffic Offenses: 1. The Vehicle Owner shall be liable for a fine as imposed below if such a vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or arrow. 2. The Vehicle Owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted limit. 3. The violation may be exempted from liability as outlined below in subsection (f.) of this section, and other defenses may be considered in connection with the appeal process. 4. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record. D. Notice of Violation; Fine: 1. Notice of the violation will be mailed to the Vehicle Owner for each violation recorded by an Automated Traffic Enforcement System or traffic control signal monitoring device. The Automated Traffic Enforcement Contractor shall mail the notice within 30 days after receiving information about the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits; and that the basis of the notice is a photographic record obtained by an Automated Traffic Enforcement System. 2. Any violation of subsection C.1. or C.2. above shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. E. Contesting an Automated Traffic Citation. A Vehicle Owner who has been issued an Automated Traffic Citation may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an administrative appeals board (the "Board") consisting of one or more impartial fact finders. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation, and shall mail its written decision within 10 days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the Vehicle Owner shall either pay the fine or submit a request pursuant to the next paragraph, E.2. 2. By submitting in a form specified by the City a request that in lieu of the Automated Traffic Citation, a municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. Such a request will result in a court order requiring the Vehicle Owner to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle Owner guilty of the municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. F. Exceptions to Owner Liability. There shall be no liability pursuant to this section if: 1 The operator of the vehicle in question was issued a municipal infraction for the violation in question pursuant to Waterloo Code 6-1-1; or 2. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of the alleged violation; or 3. The vehicle in question was an authorized emergency vehicle; or 4. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or 5. The officer inspecting the recorded image determines that the vehicle in question entered the intersection in order to yield the right-of-way to an emergency vehicle. G. Failure to Timely Pay or Appeal. If the recipient of an Automated Traffic Citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with Waterloo Code 6-1-1 rather than subsection (d.) above. If the Court finds the Vehicle Owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. CITY OF WATERLOO Council Communication Discussion ofplans, renovations, and improvements to Downtown Waterloo Convention Center and Ramada Hotel. City Council Meeting: 6/26/2017 Prepared: 6/22/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Felchle, Kelley Approved 6/22/2017 - 10:17 AM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Discussion ofplans, renovations, and improvements to Downtown Waterloo Convention Center and Ramada Hotel. Submitted By: Noel Anderson, Community Planning & Development Director