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HomeMy WebLinkAboutCouncil Packet - 6/21/2021 COUNCIL WORK SESSION June 21, 2021 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 Call Agenda, as proposed or amended Approval of Minutes Minutes of June 7, 2021, Work Session, as proposed. 3:15 p.m. Update from Central Garage, Street, and Sanitation Departments. Submitted By:Randy Bennett,Public Works Division Manager Approx. Discussion of changes to the automated traffic enforcement ordinance. 3:45 p.m. Submitted By:Captain McGeough and Kelley Felchle, City Clerk Approx. Discussion of a quality contracting initiative. 4:00 p.m. Submitted By:Jerome Amos,Jr.,Ward 4 Council member Approx. Discussion of changes to the after hours establishment ordinance. 4:20 p.m. Submitted By:Martin M.Petersen, City Attorney Approx. Annual update from Main Street Waterloo. 4:40 p.m. Submitted By:Noel Anderson,Community Planning and Development Director ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Minutes of June 7, 2021, Work Session, as proposed. City Council Meeting: 6/21/2021 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/15/2021 - 10:44 AM ATTACHMENTS: Description Type ❑ Minutes of June 7, 2021, Work Session. Backup Material COUNCIL WORK SESSION June 7, 2021 3:50 p.m. Harold E. Getty Council Chambers Members present: Boesen, Amos, Klein, Feuss, Grieder, and Juon. Absent: Morrissey. 160044 -Juon/Grieder that the Agenda, as proposed, be approved. Voice-vote Ayes: Seven. Motion carried. Objective: Update on Police Department operations. Chief Joel Fitzgerald provided an update on police department operations. He shared that they are authorized to have 123 officers but currently have 118 on staff, with 105 that are actually deployable. This is due to difficulties with hiring new employees, retirements, and officers on leave due to injury. He provided an overview of crime statistics in 2020 vs. 2021. He updated council on agencies that assist the department on federal Task Forces, such as ATF, FBI and US Marshall's Office. In addition, the department has instituted a crisis intervention unit through a partnership with Elevate to address mental health problems in the community. This is called the CIT program. When officers suspect a call for service is mental health related, a social worker from will go on the call with the officer to provide services. Mrs. Juon stated that she had a citizen call her to ask if the CIT program is funded through a grant and questioned if it would run out. Chief Fitzgerald stated that the CIT program is grant funded through Elevate and a state grant. Few communities in the state are taking advantage of these funds and expressed that he has minimal concerns about the funding running out. Mrs. Juon questioned the disparity on the index crime rate and CFS Rate on slide three for Waterloo versus the rest of the state. Chief Fitzgerald commented that the disparity indicates just how well our staff has done at mitigating some of the problems that hit those other cities. Mr. Boesen questioned where the Elevate staff persons are housed when they are working with the city. Chief Fitzgerald explained that they do not have a dedicated space; however, they are able to utilize the interrogation room to write their reports when it is available. He stated that the aim is to have them spend more time on the street than in the building. Mr. Boesen asked if the Elevate staff persons are NCIC certified. Chief Fitzgerald commented that Elevate staff are not certified, and then explained how officers and staff maintain the integrity of confidential information. Mr. Grieder commended the police department for the hard work that they do every day. He asked the Chief to address the LGBTQ, downtown and the homelessness liaison programs. Chief Fitzgerald explained that he has received favorable responses from the citizens who have commented on the proactive nature of the LGBTQ liaison. The same has been for the homelessness and downtown liaisons. He said that with COVID relenting a bit, there will be even more opportunity to proactively interact with the citizens. Mr. Grieder requested an update on how the change to beat work is going. Chief Fitzgerald commented that it has been a bit hard for officers to meet community leaders to meet their MPO liaisons due to COVID. As restrictions are lifting they are working to get officers to the meetings to engage with the neighborhood. Page 2 Mrs. Klein explained that someone had called her and said that the officers are no longer able to write their reports in the building and that they're required to make their reports in their vehicles. Chief Fitzgerald commented that the officers need to be out on the street, and that they have means to perform their work from inside the police vehicle. He stated that she was misinformed by the caller and explained that the officers have not been restricted from coming into the building, but they have been told that they need to utilize the computers in their cars to type up the necessary reports. Mr. Amos commented that prior to him becoming Chief there was a project started called the Hail Mary Project. He questioned what the status of that program currently is. Chief Fitzgerald commented that it is not currently active but that they are working to get it restarted. Objective: Discussion of criminal activity. Mrs.Klein commented she called this work session because it seems that crime in the community has been getting worse, especially since there was a murder downtown on 4th Street. She questioned what will be done to make people feel safe with all of the upcoming events this summer, including RAGBRAI. She then questioned if officers are forbidden to wear the flag pin and the thin blue line pin. Chief Joel Fitzgerald denied that officers are forbidden to wear either of the pins and stated that policy allow the pins to be worn. Mrs. Klein questioned if all officers need to be qualified on a firearm to serve and if he was currently qualified. Chief Joel Fitzgerald confirmed that all officers and the chief need to be qualified to serve. He explained that he is not currently qualified due to recent shoulder surgery that has prevented him from being able to do the physical qualifications, and that he has been given an extension. He further explained that he has been an officer for 30 years and has never not qualified in any state that he has worked in. Mrs. Klein questioned if the officers are required to always wear body cams and body armor. Chief Joel Fitzgerald confirmed that patrol officers and those that are typically on the street during the majority of their tour of duty. Mrs. Klein questioned if he was also required to wear the same equipment. Chief Joel Fitzgerald explained that he is not, and explained that body cams are for the officers, not for command staff. Mrs. Klein questioned if it is current policy to conduct exit interviews. Chief Joel Fitzgerald commented that it is not. Mrs. Klein questioned if he is aware of the feelings of some of the officers who have left the department. Chief Joel Fitzgerald commented that he is aware that some were unwilling to conform to the policy changes that were made by order of the council, and some were very dissatisfied; with dissatisfaction comes attrition. He stated that the majority of those that he has spoken to are very happy with the things that are happening. Page 3 Mrs. Klein questioned what is being done to make sure people feel safe when coming into Waterloo for the summer events. Chief Joel Fitzgerald commented that downtown is not plagued by violence and comments that perpetuate that thought are inaccurate. He explained that one of the things he instituted when he started was mandatory operational planning and that each event will have the right and appropriate amount of protection. The plans are not generally shared with individuals outside of police or fire or others involved. Mayor Hart commented that on June 21,2021,the City Attorney will be presenting his task force information to address violence at after-hours establishments, and on June 10, 2021 there is a meeting with downtown businesses to discuss holistic plans on making sure people feel safe in the downtown area. Mr. Boesen questioned if the iPads were being utilized to write municipal infractions as was established by the previous police chief. Chief Joel Fitzgerald commented that he is unaware if the tablets have been issued or are up and running, but he advocates the practice and will look into it and get things going. Mr. Grieder requested an update on when the new body cameras will be arriving. Chief Joel Fitzgerald commented that training will begin June 16, 2021. Mr. Grieder questioned what has happened to the police budget over the last five years, and is our department being funded at levels that are comparable to other cities. Chief Joel Fitzgerald explained that he does not have that information available at this time but he will come back to council with that information. Mr. Grieder thanked Chief Fitzgerald for being open and available to set the record straight by addressing the questions and rumors on a one on one level. Mrs. Juon commented on the nationwide increase in violence and commended all of the police officers for doing such a good job in taking care of crime in our city, and that is it not as bad as some people are making it appear to be. She acknowledged the efforts of the chief and thanked him for all the good he has done. Mayor Hart thanked the chief for his service and hard work and for answering today's questions and rumors. Chief Fitzgerald read some of the crime statistics from the last five years, which show crime is down, and that the officers have been consistent in their efforts, despite any rumor or innuendo. He will make sure that council and the city clerk receive a copy. Objective: Update on Waterloo Fire Rescue operations. Pat Treloar,Fire Chief,provided an overview of Fire Department operations and SWOT outlook. Mr. Boesen questioned if other cities we compare staffing to are also Fire based EMS or only Firefighters, and stated a need to find it in the budget to support an administrative assistant chief. Chief Treloar commented that not all of the cities compared have EMS, so a more true comparison would be to back out the number of EMS that Waterloo has. He stated that if he could have an assistant chief, the position would be in charge of operations. He explained that a lot of his time is spent administratively on personnel and budget related issues, adding that his admin is leaving at the end of June so he anticipates being swamped with administrative duties. He said that adding an assistant chief has been a goal, but he has not been willing to lose a position on shift so that he would have an assistant chief. Page 4 Mrs. Juon questioned the benefit of becoming an accredited department. Pat Treloar explained that the benefit is to force you to look at the weaknesses in the department through standard operating guidelines, rules and regulations, training format, etc. Accreditation is every five years. Mrs. Klein commended the chief on a great presentation. Mr. Feuss questioned the open status of Station 6. Chief Treloar commented that he does not have the number readily available but that it is very similar to the previous year. He will email the number to all of council. Mr. Feuss questioned the status of the overtime budget for the department. Chief Treloar commented that they have approximately $10,000 left in the current overtime budget and new overtime budget,which begins on July 1St,was reduced to$100,000. He expects those funds will be gone by the end of September so Station 6 will be browned out. Mr. Grieder requested an update on the SAFER Grant. Chief Treloar explained that the four employees the city got from the SAFER Grant are hired. Mr. Grieder questioned if those four employees that were hired could be brought in through attrition with the upcoming retirements. His hope is that council continues to authorize the department at 110 firefighters. 160045 -Juon/Amos That the meeting be adjourned at 5:07 p.m. Voice-vote Ayes: Six. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Update from Central Garage, Street, and Sanitation Departments. City Council Meeting: 6/21/2021 Prepared: 6/10/2021 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 6/10/2021 - 4:21 PM SUBJECT: Update from Central Garage. Street, and Sanitation Departments. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager 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: CITY OF WATERLOO Council Communication Discussion of changes to the automated traffic enforcement ordinance. City Council Meeting: 6/21/2021 Prepared: 6/9/2021 REVIEWERS: Department Reviewer Action Date Police Department Felchle, Kelley Approved 6/9/2021 - 3:35 PM ATTACHMENTS: Description Type ❑ Ordinance as proposed Resolution Letter SUBJECT: Discussion of changes to the automated traffic enforcement ordinance. Submitted by: Submitted By: Captain McGeough and Kelley Felchle, City Clerk 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: 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT: E. Contesting An Automated Traffic Citation: Within thirty(30) days from the date appearing at the top of a notice of automated traffic citation sent to the vehicle owner, the vehicle owner may either pay the fee associated with the citation or challenge the citation by submitting a written challenge to the citation or requesting that a municipal infraction be filed pursuant to Iowa Code Section 364.22. Any such written challengequest shall be on a form specified by and available from the city as indicated on the notice, and be sent to the city accordingto o the instructions on that form. Upon receipt of a written challenge, a Waterloo Police Officer shall determine whether the citation should be rescinded. Within thirty(30) days after the city receives such a challenge, the city shall notify the vehicle owner whether the challenge to the automated traffic citation is successful, in which case, the citation shall be rescinded. Otherwise, the citation shall stand. Thereafter, the city may seek voluntau payment and/or file the citation as a municipal infraction against the vehicle owner, as set forth in Subsection G. fe hearing,held at the Water-lee Poliee Department before an Administrative Appeals Bear-d (the "Beard") eonsisting of one or-more impartial faet finder-s. Sueh a r-equest must be filed within thifty(30) days ftem the date on whieh notiee of the violation is seiiA to the vehiele owner. After a amountthe Board may either-"hold or-dismiss the atitemated tr-affie eitation, and shall mail its w-fitten deeision within ten (10) days after-the hearing, to the address provided an the request for-hearing. if the eitation is upheld, then the Board shall inelude in its written deeision a date by W-hieh the fine must be paid, and on of before that date, the vehiele owner shall eithef pay the fine er- submit Dis4iet Gettt4 in Blaek Hawk County. Stieh a r-equest must be filed within thil4y(30) days ffom the date on whieh notiee of the violation is sent to the vehiele owner-. Sueh a request will result in a eettt4 order-r-e"kiag the vehiele ow-nef to file an answer-and appear-anee with the Clerk o CetH4, as well as setting the matter-for-trial before a Judge or-Magistfate. if the eotu4 finds the vehiele owner-guilty of the Mtmieipal infiaetion, mandated eetH4 eests will be added to the of the rine imposed by this seetion. 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 section 6 1-1 1-3-2(B) of this chapter; 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 section 1-3-2(B) of this chapter rather than subsection D of this section. If judgment is entered in favor of the City, if the ^ „,t finds the vehiele owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. The City may, subject t to applicable law, pursue enforcement of the judgment together with interest as permitted by law. Collection of that judgment may include referral to the State of Iowa Income Offset program administered by the Department of Administrative Services, State Accounting Enterprise. Notwithstanding the City's right to file a municipal infraction, the City may first seek voluntary payment of the fine by sending a written request for payment to the Vehicle Owner and/or referring the matter to a private service agent to conduct collection in accordance with all applicable law. (Ord. 5411, 8-7-2017) CITY OF WATERLOO Council Communication Discussion of a quality contracting initiative. City Council Meeting: 6/21/2021 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 6/9/2021 - 3:37 PM ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Discussion of a quality contracting initiative. Submitted by: Submitted By: Jerome Amos, Jr.. Ward 4 Council member 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: Resolution No. 2021- With Attachments RESOLUTION APPROVING A POST BID GENERAL CONTRACTOR QUALITY ASSURANCE QUESTIONNAIRE POLICY FOR VERTICAL INFRASTRUCTURE PROJECTS WHEREAS, Iowa Code §26.9 requires contracts for public improvements be awarded to the"lowest responsive, responsible bidder"; and WHEREAS, Iowa Law recognizes that a governmental entity may obtain information from the lowest responsive bidder to determine bidder's responsibility relating to the bidder's experience, number of employees, and ability to finance the cost of the public improvement; and WHEREAS, The City Council recognizes that Vertical Infrastructure Projects are designed for human occupancy and construction of these projects can be complex and difficult, desires to establish a policy requiring submission of a General Contractor Quality Assurance Questionnaire to the apparent lowest bidder on Vertical Infrastructure Projects; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following is hereby approved and adopted as the City's policy on Post Bid General Contractor Quality Assurance Questionnaires: City of Waterloo Post Bid General Contractor Quality Assurance Questionnaire Policy This policy requires submission of the General Contractor Quality Assurance Questionnaire by the apparent lowest bidder on Vertical Infrastructure Projects. The fully completed Questionnaire shall be submitted to the City Clerk's Office within fourteen (14) calendar days of notification to a contractor that they are the apparent lowest bidder. Contractors who do not complete the attached Questionnaire may be deemed non- responsive or non-responsible. The Questionnaire will be evaluated by the Post Bid Committee consisting of the City Engineer, Community Development Director, Building Official and the project department head. "Vertical Infrastructure Project" for purposes of this Policy is defined as construction, addition, or major alteration of a facility that has or will require a certificate of occupancy that: 1. Is to be bid and constructed by the City of Waterloo, and 2. Has an estimated construction cost in excess of$250,000.00, and 3. Is funded without federal, state or other funding that would prohibit or limit use of the Questionnaire. This resolution also adopts Appendix A, which is incorporated herein and by this reference made a part hereof, which shall be made a part of the Quality Assurance Sections of the Bid Specifications. CITY OF WATERLOO POST-BID INFORMATION GENERAL CONTRACTOR QUALITY ASSURANCE QUESTIONNAIRE Iowa Code § 26.9 requires that contracts for public improvements be awarded to the "lowest responsive, responsible bidder," and also recognizes that a governmental entity may obtain information from the lowest responsive bidder to determine bidder's responsibility relating to the bidder's experience, number of employees, and ability to finance the cost of the public improvement, and in accordance with Iowa law allowing public entities to consider factors other than price in determining who is the lowest responsible bidder; the City of Waterloo does hereby provide the following Questionnaire to the bidder to whom award of a Contract is under consideration ("Contractor") submitting bids for work on the ("Project"). The fully completed questionnaire, with attachments, shall be submitted to the City Clerk's Office within fourteen (14) calendar days of notification to the apparent lowest bidder. Contractors who do not complete the following Questionnaire may be deemed to be non- responsive or non-responsible. 1. Full name of Contractor: Address: Telephone: Fax: Email: 2. All other names under which Contractor has operated in the past five (5)years: 3. Provide Contractors' Registration Number and full names of Registration Holders as per Iowa Construction Contractor Registration requirements: 4. Has Registration ever been suspended or revoked in any jurisdiction? Yes No If "yes", provide information regarding suspension/revocation and attach all relevant documents. 5. Within the past three (3) years, has Contractor been debarred by any federal, state or local government entity from bidding on projects? Yes No If"yes", provide information related to debarment. 6. On a separate sheet, list construction projects in value in excess of $1 million dollars that Contractor has in progress, giving the name of the project, owner, architect, contract amount, key Contractor personnel, percent complete and scheduled completion date. 7. On a separate sheet, list the major projects Contractor has completed in the past three (3) years, giving the name of the project, owner, architect, contract amount, Officer in Charge, Project Manager, Project Superintendent and any other key Contractor personnel, date of completion and percentage of the total project performed by your own employees. 8. On a separate sheet, identify the individuals Contractor intends to be the Officer in Charge, Project Manager, Project Superintendent and any other key personnel on this project. Include a resume and/or recent work history for each identified individual. 9. On a separate sheet, list the Contractors last five (5) completed projects, and for each, the scheduled completion date and the final inspection date, noting any owner approved extensions. 10. Within the past three (3) years has the Contractor defaulted on a contract, or been disqualified, removed or otherwise prevented from bidding on or completing any project. Yes No If "yes", provide the year of the incident, name, address and telephone number of the owner of the project,project name and location. 11. Has Contractor ever been unable to obtain a bond or been denied a bond? Yes No If"yes", please provide all relevant details. 12. Has Contractor ever declared bankruptcy or been in receivership? Yes No If"yes", please provide all relevant details. 13. Is Contractor currently being investigated for or previously been found to have violated, in the past five (5) years, any of the following state or federal laws: Iowa Minimum Wage Act; Iowa Non-English Speaking Employees Act; Iowa Child Labor Act; Iowa Labor Commissioner's Right to Inspect Premises, Iowa Compensation Insurance Act; Employment Security Act; Iowa Competition Act; Iowa Income, Corporate and Sales Tax Codes; a "willful" violation of the Iowa or Federal Occupational Safety and Health Act; Iowa Employee Registration Requirements; Iowa Hazardous Chemical Risks Act; Iowa Wage Security Act; the Fair Labor Standards Act. Yes No If"yes", please explain: 14. Has Contractor ever failed to complete any work awarded to it? Yes No 15. Are there any judgments, arbitration proceedings or suits pending or outstanding against Contractor or its officers that relate to, arise out of or in course of the Contractor's business? Yes No 16. Has Contractor filed any lawsuit or demanded arbitration with regard to any construction contract within the past five (5)years? Yes No If"yes, provide all relevant details. 17. Has Contractor been found by a court or agency of competent jurisdiction to be delinquent in meeting its obligations under local, state or federal tax laws within the last five (5) years? ("delinquent" shall include, but is not limited to, failure to file, failure to pay or imposition of tax liens) Yes No 18. Contractor affirms that it will retain only subcontractors who can fully comply with the bid specifications, including those that address requirements concerning labor. Yes No 19. Contractor affirms that it will be responsible for ensuring that each subcontractor meets quality assurance specifications. Yes No 20. Contractor agrees to submit to the City Clerk's Office a list of all intended subcontractors within fourteen (14) calendar days of notification to the apparent lowest bidder. (In the event Contractor wishes to replace any originally-designated subcontractor, such may only occur with the approval of the City of Waterloo. Such approval will not be unreasonably withheld) Yes No 21. Contractor attests that it will comply with each of the following: Iowa's Minimum Wage Law Yes No Maintain workers' compensation insurance or be qualified as a self-insurer and provide proof of insurance or ability to self-insure upon request. Yes No Iowa and City of Waterloo Code for licensing certain employees. Yes No 22. Contractor will make available to City or City's representative, upon City's request, documentation to satisfy the City, in City's sole discretion, that the Contractor's workers utilized on this project are actual employees, with employment and workers' compensation coverage, not"leased employees' or independent contractors. Yes No 23. That Contractor will provide with this Questionnaire, the name, address, phone number and name of contact for three (3) entities who will provide references. Yes No 24. Contractor will only utilize on-site employees who have completed the Occupational Safety and Health Act(OSHA) 10-hour Construction Industry Training Program. Yes No 25. Has the Contractor complied with the City of Waterloo Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Contract Compliance Program? Yes No 26. Does the Contractor's bid include the utilization of Minority Business Enterprise (MBE) and/or Women Business Enterprise (WBE) subcontractors? Yes No Provide Contractor's Federal Identification Number: Provide Name and Address of Contractor's Registered Agent: (Please continue to signature page) I hereby certify, that (1) all of the information provided by me in this Questionnaire is true and correct to the best of my knowledge; (2) I am authorized to sign this Questionnaire on behalf of the Contractor whose name appears in Question #1; (3) if any of the information I have provided herein becomes inaccurate prior to execution of any Project Contract, I will immediately provide City Clerk's Office with updated accurate information in writing; and (4) I hereby authorize any person or entity named herein to provide City of Waterloo Engineering Department with whatever information might be required to verify this Questionnaire. THIS STATEMENT MUST BE NOTARIZED NAME OF CONTRACTOR: By: (Signature) (Date) Print Name: Title : STATE OF IOWA, COUNTY OF: , ss: Subscribed and sworn to before me by the said On this day of , 202_ Notary Public in and for the State of Iowa My Comm. Expires: APPENDIX A The following requirements are intended to be included in the Quality Assurance Sections of the Bid Specifications which the General Contractor will, along with all other quality assurance requirements, be required to manage: FOR ALL SUBCONTRACTORS Subcontractor must not be under current investigation for or previously have been found to have violated in the last five (5)years any of the following state or federal laws: Iowa Minimum Wage Act, Iowa Non-English Speaking Employees Act, Iowa Child Labor Act, Iowa Labor Commissioner's Right to Inspect Premises, Iowa Compensation Insurance Act, Iowa Employment Security Act, Iowa Competition Act, Iowa Income, Corporate and Sales Tax Code, a"willful"violation of the Iowa or Federal Occupational Safety and health Act, Iowa Employee Registration Requirements, Iowa Hazardous Chemical Risks Act, Iowa Wage Payment Collection Act, Federal Income and Corporate Tax Code, The National Insurance and Social Security Act, the Fair Labor Standards Act. Subcontractor will only utilize Subcontractor on-site employees that have completed the Occupational Safety and Health Act (OSHA) 10 hour Construction Industry Training Program. Subcontractor must properly license employees with the appropriate licensing authority. Subcontractor at all levels, that is even a subcontractor of a subcontractor, will only utilize workers on this Project that have unemployment and workers compensation coverage provided by the subcontractor by which the worker is employed. Subcontractor will make available to General Contractor or Owner such documentation that is necessary to satisfy Owner, in Owner's sole discretion, that subcontractor is in compliance with this provision. These bid requirements shall apply to all Subcontracts: Subcontractor is not required to use apprentices on the Project. If subcontractor chooses to employ apprentices on this Project, subcontractor must provide upon request, evidence that each of the apprentices on the Project is participating in and registered with a DOL- approved apprentice or training program or substantially equivalent apprenticeship or training program. Contractor certifies that only the following subcontractors will be used on the project: FEDERAL ID#: SECTION & DESCRIPTION: IOWA CONTRACTOR REGISTRATION#: STREET ADDEESS: CITY, STATE, ZIP: OFFICE TELEPHONE: FAX NUMBER: EMAIL ADDRESS: OFFICE CONTRACT & NUMBER: FIELD CONTACT & NUMBER: FEDERAL ID#: SECTION & DESCRIPTION: IOWA CONTRACTOR REGISTRATION#: STREET ADDEESS: CITY, STATE, ZIP: OFFICE TELEPHONE: FAX NUMBER: EMAIL ADDRESS: OFFICE CONTRACT & NUMBER: FIELD CONTACT & NUMBER: FEDERALID#: SECTION & DESCRIPTION: IOWA CONTRACTOR REGISTRATION#: STREET ADDEESS: CITY, STATE, ZIP: OFFICE TELEPHONE: FAX NUMBER: EMAIL ADDRESS: OFFICE CONTRACT & NUMBER: FIELD CONTACT & NUMBER: PASSED AND APPROVED: Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk CITY OF WATERLOO Council Communication Discussion of changes to the after hours establishment ordinance. City Council Meeting: 6/21/2021 Prepared: 6/9/2021 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 6/9/2021 - 3:37 PM ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material SUBJECT: Discussion of changes to the after hours establishment ordinance. Submitted by: Submitted By: Martin M. Petersen. City Attorney 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: 3-3-3 -AFTER HOURS BUSINESS LICENSE A- DEFINITIONS. The definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this chapter. 1. "After Hours Business" means any business, establishment, or place open to members of the General Public at any time between the hours of two o'clock A.M. and six o'clock A.M. which has for its primary purpose entertainment of any kind, social gathering, dancing, or playing games of skill or chance in any, form regardless of legality, or the playing of live or recorded music, and which holds no permit or license to sell or dispense Alcoholic Beverages. 2. "After Hours Business License" means the privilege granted by the City to operate an After Hours Business. 3. "Alcoholic Beverage" means any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine, and beer. 4. "Applicant" means a Person or business entity engaged in the process of applying for an After Hours Business License. 5. "Business Premises or Licensed Premises" means all buildings, structures, lots, and properties owned, leased, or utilized for the benefit of the operation of the After Hours Business. 6. "Business Records" means all financial accounting records of the After Hours Business. 7. "City Clerk" means the City Clerk of Waterloo, Iowa, or her designee, to include the Waterloo Police Department. 8. "Educational Institution" means any preschool, elementary, secondary, or merged area school, area education agency, community college, or post-secondary college or university and their governing boards. 9. "General Public" means ordinary people in society, and also includes, but is not limited to, people who pay a fee or charge to enter the premises, or people who are required to obtain membership or other designation or preferred status in or from the establishment to obtain entry. 10. "Hotel or Motel" means premises licensed by the State Department of Inspections and Appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with 20 or more sleeping rooms. 11. "Licensee" means a Person to whom the City has granted an After Hours Business License. 12. "Person" means any natural individual, firm, partnership, trust, company, club, joint venture, estate, association, or corporation or any group or combination acting as a unit and the individuals constituting such group or unit. As applied to partnerships or associations the word includes the partners or members thereof; and as applied to corporations it includes the officers, agents or employees thereof who are responsible for the act. The singular includes the plural. The masculine gender includes the feminine and neutral genders and vice versa. 13. "Placard" means a poster or sign for public display affixed to a structure stating the occupation or use of the particular business or structure is illegal to be used as an After Hours Business. 14. "Registered Manager" is an individual who resides in Iowa and who is designated by the Applicant to be responsible for the conduct and operations of an After Hours Business. The Registered Manager serves as an agent for the After Hours Business, and shall be the recipient of any official notices or processes from the City related to this chapter. B - LICENSE REQUIRED. 1. No Person shall operate an After Hours Business, either exclusively or in connection with another business, without being licensed by the City as provided in this chapter. 2. The After Hours Business License shall be conspicuously displayed on the Business Premises in a public area at all times. C- LICENSE FEES AND TERM. 1. The fees for an After Hours Business License in the City of Waterloo will be set by City Council resolution. The fees shall be paid when an application for a License is filed. 2. Licenses will be issued for a fixed term and shall not exceed one year. The term of the License shall not exceed the length of the Applicant's property interest in the intended After Hours Business location, as shown by the information submitted by the applicant, and shall not exceed the length of the Applicant's required insurance policy for the same. 3. Ten days prior to the expiration of a License that has not been issued for a full year, an Applicant may request an extension of the License period. The Applicant must provide an updated lease, deed or other property interest document and valid insurance for the requested License extension period. License extensions shall not extend beyond one year from the original License issuance date related to the extension request. No License extensions shall be granted if the Applicant is requesting to, or has, modified the After Hours Business name, address, or interior plans and specifications. 4. The Licensee may apply to renew the License by the submission of an application for renewal in the same manner as required for original issuance, accompanied by the payment of the License fee as set by City Council resolution. Applications for renewal shall be available from the City Clerk. D-APPLICATION. Application for an After Hours Business shall be made on forms provided by the City Clerk's Office. The application shall include: 1. The intended business name, the address of the property to be used as an After Hours Business, and documentation establishing the Applicant's property interest and control of the premises on which the business will be located, which shall be in the form of a lease, deed, or other document that establishes the Applicant's interest. 2. Name and owner(s) of any other businesses located on the same parcel of land as the intended After Hours Business. 3. At the time of application, the Applicant shall provide the following most current and updated information as requested below in a list format to be maintained at all times concerning the Applicant, owner, manager, and Registered Manager of the After Hours Business: a. Name and address for each individual; b. License number of a valid and current government issued photo ID for each individual; c. Up to date contact information including phone numbers and electronic mail addresses for each individual; d. Dates and locations of other related businesses any individual listed above owns or operates, or has owned or operated; 4. A statement as to whether the Applicant, owner, manager, or Registered Manager has ever had a similar license denied, revoked or suspended in any city, county, or any state and the reason or the denial, revocation or suspension. 5. Interior plans and specifications for the interior premises to be Licensed. 6. Written consent of the Registered Manager to serve as an agent for services of notices and other processes related to the After Hours Business. The Registered Manager shall remain responsible for the conduct of the After Hours Business until another Person has been designated in writing by the Applicant or Licensee. 7. Consent to use the information on the application to conduct a background check on the Applicant, owner, manager, and Registered Manager. 8. Each After Hours Business shall provide proof of general liability insurance, including personal and advertising injury in the amount of$1 M and a general aggregate of products and completed operations aggregate of$2M. A certificate of insurance shall be delivered to the City Clerk prior to the issuance of an After Hours Business License. Such insurance shall be maintained during the term of the license. 9. In the event an Applicant or Licensee intends to operate an After Hours Business in multiple physical locations, a separate application is required for each individual location. E-GRANTING OR DENIAL OF LICENSE. 1. After Hours Business License applications shall be reviewed by the City Clerk who, after considering all of the information provided in and with the Application shall either grant or deny the License. 2. If the City Clerk finds that the Applicant for an After Hours Business License has fully complied with all requirements of this chapter and with all other applicable ordinances and codes, the City Clerk shall issue an After Hours Business License. 3. Whenever any application for an After Hours Business License shall have been denied by the City Clerk the Applicant will be notified by mail and no new application covering the same Applicant or any principal, member, partner, or shareholder of the same or similar Applicant, if not an individual, shall be filed with the Clerk until one year has elapsed from the date of filing the previous application. F- CONDITIONS GOVERNING ISSUANCE. 1. Licenses shall only be issued to Applicants who have provided all the information requested in the application, have paid the License fee, have met the requirements of this chapter, and do not meet any grounds for denial of applications under Section M of this chapter. 2. If information changes on the application during the licensing period, the Applicant must contact the City of Waterloo to update the information within 10 calendar days. The Applicant or Licensee shall promptly notify the City in writing of any change with regard to, but not limited to, the following: ownership, business location, business name, interior plans and specifications, insurance status, or Registered Manager designation and provide all relevant application information pertaining to the above. G -SCOPE OF LICENSE. 1. An After Hours Business License shall be a personal privilege and may be suspended or revoked as provided for herein. It is not property, nor is it subject to attachment and execution, nor alienable or assignable and it shall immediately cease upon the death of the Licensee if an individual Person, termination of the Licensed business entity, or terminate immediately if the Licensed business entity or Licensed building, lot, or property is sold or transferred. 2. Every License shall be issued in the name of the Applicant and no Person holding a License shall allow any Person not included on the Application to use the License. 3. No After Hours Business License shall be sold or transferred. An After Hours Business License is automatically terminated at the sale, transfer, or other change in property interest of the Licensed business entity, building, lot, or property. The purchaser of any After Hours Business shall make Application for and obtain a new License before operating any After Hours Business. H - LOCATION RESTRICTIONS. 1. No After Hours Business shall provide outdoor entertainment. 2. No After Hours Business shall be permitted in a residential zone district as defined by the Waterloo Municipal Code. 3. All licensed premises shall comply with zoning ordinance of the Waterloo Municipal Code. I - EXEMPTIONS. The following Persons shall not be required to obtain an After Hours Business License for the City: 1. Hotels or Motels licensed by the State of Iowa. 2. Persons holding private gatherings in private residences. 3. Persons holding school events sanctioned by an Educational Institution. J - EXAMINATION OF PREMISES. 1. As part of the application process for an After Hours Business License, Applicants must submit the proposed After Hours Business location and premises to inspection by the City's Building Inspections Department and Fire Department. Failure to submit to the required inspections or failure to meet City code standards during the inspections shall result in Denial of the License, per section M of this chapter. 2. An After Hours Business may be re-inspected to ensure compliance with this chapter if one (1) or more of the following occurs: a. Credible information is received indicating that the After Hours Business is operating in violation of the provisions of this code or any state law; b. A City Official, Police Officer, Fire Code Official, or any other Government Official witnesses a possible violation of the standards or provisions of this code, or any state or federal laws, and the City determines there is probable cause to enter the premises; c. The City must determine whether the After Hours Business is acting in compliance with a notice or an order issued by a city official; d. A public health, safety or welfare emergency is observed or is reasonably believed to exist. K- PERSONS UNDER AGE 18 NOT ALLOWED ON LICENSED PREMISES. No Person holding an After Hours Business License, nor his or her agents or employees shall allow a Person under eighteen (18)years of age to enter or remain on the Licensed Premises from 12:00 a.m. through 6:00 a.m. on all days when the Licensed Premises is open for business. L-VIOLATION BY APPLICANT, OWNER, MANAGER, EMPLOYEE OR REGISTERED MANAGER. All managers, owners, Registered Managers, Licensee, and employees of any After Hours Business shall be subject to and bound by this chapter and state law and shall be liable for the same penalties and to the same extent as his or her employer or principal for any violation of this chapter or state law. Any violation of this chapter or state law by any clerk, agent, or employee of a Licensee shall be deemed the act of the Licensee and shall subject the Licensee to potential civil penalty, criminal action, or license suspension or revocation. M -ADVERSE ACTION; GROUNDS FOR DENIAL AND REVOCATION OR SUSPENSION. It shall be grounds for denial of the application or revocation or suspension of the License if: 1. The Applicant, owner, manager, or Registered Manager fails to provide and maintain proof of insurance or proof of valid property interest in the property being used for an After Hours Business. 2. The Applicant, owner, manager, employee or Registered Manager has been charged or convicted of disorderly conduct in violation of either State or City law. 3. The Applicant, owner, manager, employee or Registered Manager has been charged or convicted of Human Trafficking in violation of Iowa Code Section 710. 4. The Applicant, owner, manager, employee or Registered Manager knowingly permits any gambling on the premises in violation of Iowa Code Section 725. 5. The Applicant, owner, manager, employee or Registered Manager keeps or allows to be kept gambling devices of any kind on the Licensed Premises contrary to state law. 6. The Applicant, owner, manager, employee or Registered Manager knowingly permits loud or raucous noise or behavior in violation of the Municipal Code. 7. The Applicant, owner, manager, employee or Registered Manager knowingly permits or engages in the use or sale of illegal drugs in violation of Iowa Code Section 124. 8. The Applicant, Licensee, employee, or Registered Manager knowingly permits or engages in the sale of Alcoholic Beverages. 9. The Applicant, Licensee, employee, or Registered Manager knowingly permits or engages in a sex crime defined by Iowa Chapter 709, Prostitution as defined by Iowa Code Chapter 725 or Iowa Code Chapter 627, or is a registered sex offender under Iowa Code. 10. The Applicant, Licensee, employee, or Registered Manager knowingly permits or engages in any criminal activity on the premises covered by the License. 11. The Applicant, owner, manager, employee or Registered Manager knowingly permits or engages in the Manufacture or Delivery of a Controlled Substance as defined by Iowa Code Chapter 124; 12. The Applicant, owner, manager, employee or Registered Manager has been charged or convicted of illegal control or possession of any narcotic drugs or controlled substance on a Licensed Premises. 13. The Applicant, owner, manager, employee or Registered Manager has had a license suspended, denied, or revoked by another municipality or by the City of Waterloo within the past two years. 14. The Applicant, owner, manager, employee or Registered Manager has engaged in actions in violation of state laws or municipal ordinances that may adversely affect public health or safety. 15. The Application contains false information, intentionally fails to disclose required information, or was fraudulently or deceptively prepared or submitted by the Applicant or another individual. 16. The Applicant, owner, manager, employee or Registered Manager has any unpaid fees or bills owed to the City of Waterloo. 19. The Applicant, owner, manager, employee or Registered Manager has violated, or is currently in violation of provisions of this chapter. 20. The Applicant, owner, manager, employee or Registered Manager knowingly permits violations of sections of the Municipal Code to occur at a Licensed Premises. 21. The property to be utilized for the After Hours Business does not meet occupancy requirements of the Municipal Code upon inspection by the City's Building Inspections Department. 22. The property to be utilized for the After Hours Business does not meet Fire Code requirements of the Municipal Code upon inspection by the City's Fire Department. 23. The property to be utilized for the After Hours Business does not meet life safety requirements of the Municipal Code upon inspection by the City's Building Inspections Department. The Applicant does not submit to the required inspections by the City's Building Inspections Department or Fire Department. N - NOTICE OF DENIAL, REVOCATION, SUSPENSION, OR CORRECTIVE ACTION. 1. Upon a determination by the City Clerk that a Licensee has failed to comply with the requirements of this chapter, the City shall issue a Notice of Violation to the Licensee. Service shall be provided in accordance with section S of this chapter. 2. Upon receipt of the Notice of Violation, the Licensee shall immediately cease or remedy all violations of this chapter. If the violation cannot be remedied immediately, the Licensee may submit a corrective action plan to the City Clerk within 10 days of receiving the Notice of Violation. The Licensee's corrective action plan shall specify the specific actions the Licensee will implement to ensure the violations in question do not continue. This will include a timeline for the corrective actions to become effective. 3. If the Licensee submits a corrective action plan, the Licensee or their Registered Manager will meet with the City Clerk within seven business days to review the facts of the case and the corrective action contemplated by the plan. After the meeting and a review of the Licensee's corrective action plan, the City Clerk shall approve or deny the contents of the plan. 4. The submission of the corrective action plan may be considered by the City Clerk as cause to delay corrective action taken by the City pursuant to section P of this chapter. 5. If the Licensee fails to take immediate corrective action, fails to submit a corrective action plan, fails to submit a corrective action plan that is approved by the City Clerk, or fails to meet the deadlines or requirements imposed by an approved corrective action plan, the City Clerk may take corrective action against the Licensee, After Hours Business, or the premises used by the same pursuant to section P of this chapter. O- NOTICE OF VIOLATION; CONTENTS. The Notice of Violation required by this chapter shall contain: 1. The name and location of the business in question. 2. The name of the Licensee, and Registered Manager. 3. A description of what constitutes a violation of this chapter. 4. A statement that the Licensee shall cure any violation of this chapter or submit a corrective action plan to the City Clerk within 10 days of receiving the Notice of Violation, or the business may face License suspension, License revocation, and the City may placard the After Hours Business's premises related to the violations until the Licensee and After Hours Business is in full compliance with this chapter. P -CORRECTIVE ACTION BY THE CITY. 1. If a Licensee, who has been served with a Notice of Violation, fails to comply with the requirements of the Notice of Violation, the City may take corrective action. Such corrective action may include the suspension or revocation of the Licensee's After Hours Business License or the placing of a placard on each entrance to the property and ensuring the property is secure from access. This provision shall not be construed to impose any duty upon the City to take such corrective action. 2. If the City placards the property, the Licensee shall be responsible for all of the costs incurred by the City in taking such action. 3. If the City placards the property, it shall be illegal for any Person to remove or alter the placard, or to access or operate out of the property without written permission of the City Clerk. The City Clerk may, for good cause, grant access to the placarded property to specific individuals for specific times and purposes. 4. If the City suspends or revokes the After Hours Business License, it shall be illegal for any person to hold open the After Hours business for continued business until the License has been reinstated or a new License obtained. 5. If the City has reason to believe an After Hours Business defined by this chapter is or imminently will be operating without a License, the City Clerk may placard the property immediately until a License is obtained. 6. An After Hours Business operating in violation of this chapter may be placarded immediately and their License may be revoked and no License shall be issued to the Applicant and business owner for one year. Q- REINSTATEMENT OF LICENSE, REMOVAL OF PLACARD. 1. If a License has been suspended and the City Clerk determines that the Licensee and After Hours Business has remedied all violations listed in the Notice of Violation, the City Clerk may order that the suspension be lifted. 2. If the City placards an After Hours Business and the City Clerk determines that the Licensee and After Hours Business has remedied all violations listed in the Notice of Violation, the City Clerk shall order the removal of placards from the premises. R-APPEAL OF ADMINISTRATIVE DECISIONS OR ACTIONS. 1. Any Person aggrieved by a decision or act of the City Clerk or City under this chapter, including, but not limited to, denial of a License, a Notice of Violation, or corrective action taken by the City, shall have the opportunity for hearing before a hearing officer appointed by the City. Any aggrieved party may appeal any such decision or act by submitting a written request for a hearing to the City Clerk. All such appeals must be hand delivered, electronically delivered, or posted by mail within 10 days of the decision or act of the City Clerk or City. When a timely appeal has been made, the hearing shall be held pursuant to this section; any request for hearing received shall not entitle the requesting party to a hearing. 2. Upon receipt of a timely request for hearing and the appointment of a hearing officer, the hearing officer shall set a hearing to be held within 10 days from said receipt and, further shall give no less than seven days' notice to the requesting party of the time, date, and location of said hearing. The hearing may be reset by agreement of the parties, as confirmed in writing, but in no event shall the hearing be held any later than 30 days after the date of the action or decision being appealed. 3. The hearing shall be informal in nature, and the parties may be represented by counsel or appear on their own behalf. After reviewing the evidence presented, the hearing officer shall make a written ruling within five days of the hearing affirming or vacating the decision or act of the City Clerk or City under this chapter. S-SERVICE OF NOTICE. Except where expressly provided otherwise, notices required under this chapter shall be served by one or more of the following methods: 1. Mailing by both regular mail and certified mail, as defined in Iowa Code Section 618.15 (2021), to the last known address of the Licensee and/or Registered Manager. 2. Hand delivery and mailing by regular mail to the Licensee and Registered Manager. 3. Personal service on the Licensee and registered manager pursuant to Iowa Rule of Civil Procedure 1.305. 4. Any other method of providing notice that results in the notice actually being received by the Licensee and Registered Manager. 5. In the event the Licensee is a business entity, service shall be made upon the registered agent on file with the Iowa Secretary of State. If the Licensee is a business entity that has failed to register, or is not required to register as a registered agent with the Iowa Secretary of State, service upon the Registered Manager shall be deemed sufficient under this chapter. T-ALTERNATIVE MEANS OF ENFORCEMENT. Without negating, restricting, or otherwise limiting any conditions or sanctions imposed pursuant to this chapter, this chapter may also be enforced by any lawful means, including but not limited to the following: 1. Prosecution as a simple misdemeanor in accordance with Title 1 of the Waterloo Municipal Code and Chapter 364 of the Iowa Code. 2. The filing of a municipal infraction in accordance with Title 1 of the Waterloo Municipal Code and Chapter 364 of the Iowa Code. U -ADMINISTRATIVE RULES. The City Clerk is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this chapter. A copy of said rules shall be on file at the Office of the City Clerk. CITY OF WATERLOO Council Communication Annual update from Main Street Waterloo. City Council Meeting: 6/21/2021 Prepared: 6/9/2021 REVIEWERS: Department Reviewer Action Date Planning& Zoning Felchle, Kelley Approved 6/9/2021 - 3:38 PM SUBJECT: Annual update from Main Street Waterloo. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director 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: