HomeMy WebLinkAboutMinutes-07/10/2006July 10, 2006
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 10, 2006. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole,
Schmitt.
Moment of Silence.
Pledge of Allegiance:
123783 - Schmitt/Kincaid
Tom Jennings, Police Chief.
that the Agenda, as amended, for the Regular Session on Monday, July 10, 2006,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
123784 - Schmitt/Kincaid
that the Minutes, as proposed, for the
at 5:30 p.m., be accepted and approved.
CONSENT AGENDA
123785 - Schmitt/Kincaid
that the following items on the consent agenda be received, placed on file and
approved:
Regular Session on Monday, June 26, 2006,
Ayes: Seven. Motion carried.
a. Resolutions to approve the following:
1. Resolution approving Schedule AP640, pp. 1-51, dated July 10, 2006, in the
amount of $3,398,740.16, a copy of which is on file in the City Clerk's
office, together with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2006-567.
b. Motion to approve the following:
1. David Meeks, Executive Director of Human Rights Commission, to attend
Grant Writing Workshop in Sioux City, Iowa on August 14-16, 2006, with
costs not to exceed $314.40.
2. Communication from Mayor Hurley transmitting recommendation of
reappointment of Troyce Vich and Sue Smith to the Board of Library
Trustees, with term expiration date of June 30, 2012.
c. Beer License Permit Application
Class C
All Stop, 51 East Tower Park Drive (Renewal) (Expires
Sunday Sales)
Kwik Stop, 1761 Independence Avenue (Renewal) (Expires
Sunday Sales)
d. Liquor License Permit Application
Class E
Kwik Stop, 1761 Independence Avenue (Renewal) (Expires
Sunday Sales)
8/6/07) (Includes
7/6/07) (Includes
7/6/07) (Includes
e. Wine License Permit Application
Class B
Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/6/07) (Includes
Sunday Sales)
f. Beer/Liquor License Permit Application
Class C
Randy's Tap, 307 West 4th Street (Renewal) (Expires 7/24/07
Sales)
Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/07)
Cafe Bar Fontana, 801 Commercial Street (New) (Expires
Sunday Sales)
Benevolent & Protective Order of Elks, 407 East Park Avenue (Renewal)
(Expires 6/30/07) (Includes Sunday Sales)
BJ's Bar and Billiards, 110 Ida Street (Renewal) (Expires 7/29/07) (Includes
Sunday Sales)
g.
(Includes Sunday
8/1/07) (Includes
Liquor License Permit Application
Class A
Fraternal Order of Eagles, 202 East First Street (Renewal)
(Includes Sunday Sales)
(Expires 6/30/07)
July 10, 2006
Consent Agenda continued
h. Outdoor Service Area Application
BJ's Bar and Billiards, 110 Ida Street
i. Bonds.
Ayes: Seven. Motion carried.
HEARINGS
123786 - Greenwood/Welper
Page 2
that proof of publication of notice of public hearing on the transfer of
property generally located along the flood dike between West 13th and West 14th
Streets to Metropolitan Transit Authority, as published in the Waterloo Courier
on June 30, 2006, be received and placed on file. Ayes: Seven. Motion
carried.
123787 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Welper
that the hearing be closed. Ayes: Seven. Motion carried.
123788 - Greenwood/Welper
that "Resolution authorizing transfer of said property", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-568.
UNFINISHED BUSINESS
123789 - Getty/Kincaid
that communication from Airport Director transmitting recommendation of award of
contract in the amount of $74,947.00 to Access Control Technologies, Inc. of Des
Moines, Iowa in conjunction with Parking Lot Control System at the Waterloo
Regional Airport, be received, placed on file and "Resolution approving award of
said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-569.
123790 - Getty/Kincaid
that communication from Airport Director transmitting recommendation of award of
contract in the amount of $2,527,598.75 to Aspro Inc. & Its Subsidiary of
Waterloo, Iowa in conjunction with. Rehabilitation of Runway 12-30 at the
Waterloo Regional Airport, be received, placed on file and "Resolution approving
award of said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-570.
PETITIONS FROM PUBLIC
123791 - Welper/Schmitt
that communication from City Planner transmitting request of Rooff Development
LLC to sell and convey for $1.00 a city -owned vacant lot generally located along
Cottage Street, approximately 1 block from the new Walter Cunningham School of
Excellence, be received, placed on file and "Resolution setting date of hearing
as July 24, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above
described request", be adopted and City Clerk instructed to publish notice of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-571.
REPORTS
123792 - Schmitt/Welper
that "Resolution approving new Residency of Critical Municipal Employees
Policy", be adopted.
Prior to a vote on the above motion, the following comments were heard.
• •
July 10, 2006
Reports continued
Randy Chapman, 1' Vice President of the Waterloo Police Protective Association
(WPPA), stated he lives at 1235 Ingersoll Road in Ward 1 and has for more than
15 years. Mr. Chapman stated he represents members of the WPPA who reside both
in Waterloo and its surrounding areas, many of whom are at tonight's council
meeting. Mr. Chapman thanked Mayor Hurley and the council members for the
opportunity to address them prior to the vote on this change. For the purpose
of illustration, Mr. Chapman stated he would use himself as an example for part
of what he has to say tonight. He has been a Police Officer for the City of
Waterloo for 19 years. During his career, he has had positions on many of the
specialized units within the department. The Tactical Unit, the Canine Unit,
Field Training Unit, Community Action Team and Watch Supervisor. While on these
units they had many call-ups, and not everyone on these units resides in
Waterloo or would have been inside the proposed 10 mile limit, including himself
for a period of time. Looking back, they cannot recall a single incident where
response time was an issue. In fact, most of this period they were covered by a
30 minute limit. Additionally, there were times that personnel who lived clear
outside of Waterloo arrived for the call-ups before someone living in Waterloo.
Three years ago, on April 8, 2003, the city council, with input from the
department heads, changed the 30 minute rule and implemented a 20 mile radius
from City Hall rule. While many would agree that the 30 minute rule was
ambiguous, there had been no documented problems with it. While they did not
see a need for change, they did not actively seek to stop it. We now have a 20
mile rule and have learned to live with it. It is certainly no longer
ambiguous. With the improvements to the surrounding highway system traveling
into Waterloo from 20 miles away is often faster than merely crossing town. Mr.
Chapman stated approximately three weeks ago, it was brought to their attention
that the current city council was in discussions of changing the 20 mile rule to
a 10 mile rule, and the WPPA was surprised. As they checked further they were
unable to ascertain whom on the city council brought this up and what was behind
it. They also learned that none of the Public Safety leaders have asked for the
change in the rule. Mr. Chapman stated he would suspect that they, like their
subordinates, knew that the current 20 mile rule is sufficient and could find no
reason to change it. Mr. Chapman stated lets look at the issue of department
heads, the Chief of Police to be more specific. He presumes that the city
council and Mayor would turn to the Chief and his Command Staff for input and
guidance when it comes to matters of response times and disasters as it relates
to his department. After all they are the experts in this area, they are the
ones to have to recall the officers and implement any response. Mr. Chapman
stated last week he had the opportunity to speak with most of the city council
by phone on this issue, and some points were brought up that he would like to
respond to. Item number one, we are doing this to adapt or prepare to the
changing world events. Mr. Chapman stated they train, prepare and adapt also.
They attend schools and seminars regarding planning, current events, deployment
and response. Not once, to their knowledge, has where an officer lives been an
issue. Further, three of the most devastating events in recent history and the
largest terrorist attack ever occurred prior to changing to the current limit of
20 miles. The World Trade Center bombing, February 26, 1993; the Alfred Mural
Federal Building, April 19, 1995; and 9-11 on September 11, 2001. With all this
in mind, did the city council seated in 2003 get it wrong when they set a
reasonable limit of 20 miles. Number 2, officers should live where they are
employed. First, you cannot compare the work shift of a Police Officer or Fire
Fighter with most citizens. They deal with the best and the worst that this
city has to offer on every street and every neighborhood in Waterloo 24 hours a
day, 7 days a week. Mr. Chapman stated you will note that along with the worst
he said the best because there is a lot of good in Waterloo and its getting
better. Many of them choose to live in Waterloo. A Police Officer's car is
his/her office and the city they patrol is his/her factory, office building,
etc. Mr. Chapman stated the longer you work here the more evident it becomes,
the more memories and experiences you have. Some officers, by choice, live
outside of Waterloo as a means to leave work behind, but they also stand ready
to respond when needed, they always have and they always will. Lastly, number
3, why does public safety insists the council has an ulterior motive. Police
Officers deal with facts and are trained to find motives. In looking at this
they clearly see that this issue was dealt with three years ago. This was done
perhaps because of the world events or to make a former policy of 30 minutes
less ambiguous. Mr. Chapman stated in the past three years since the change to
20 miles, there has not been one single incident mandating the council address
this issue. If there had, it would make sense for it to come from the Chief of
Police to the council and not in reverse. If there had been a problem everyone
in their department would have been aware of it. So seeing no need to change
it, no single event mandating it, no department head requesting it and now
knowing the impact it will have on departmental moral, the council still moves
forward with the change. Mr. Chapman stated the State Code governing this rule,
Chapter 400.17, clearly states cities may set reasonable distances. Mr. Chapman
stated they then ask what has occurred in the past three years that makes the
current rule unreasonable and the proposed 10 mile rule reasonable. Why would
the city council spend their valuable time fixing a problem that doesn't exist.
Page 3
July 10, 2006
Reports continued
Mr. Chapman stated no one knows how the proposed residency requirements would
affect new officer recruitment. The community should know that its Police Force
is composed of the very best candidates. The Waterloo Police Department has
always gone to great lengths to assure that only the best of the best are
selected. If this is to continue to be the case, it is necessary that we draw
from the widest, most qualified and diverse applicant pool available. Mr.
Chapman stated it is a fact that many cities have abandoned residency
requirements for some of the reasons he has stated. Mr. Chapman stated they ask
Mayor Hurley and council members to understand that they oppose this not because
Police Officers don't want to live in Waterloo, they merely want to maintain a
reasonable freedom of choice when it comes to where they live and where they
raise their families. What really counts is the dedication and training of the
officer, not where they live. Mr. Chapman stated the council can, with good
conscience leave the 20 mile rule as is knowing they have one of the best
trained, most dedicated police departments anywhere, and they will respond when
duty calls.
Page 4
David Floyd, Jesup, Iowa and President of the International Association of Fire
Fighters Local 66, stated he would like to offer the council a couple of
solutions because he believes never approach a problem without approaching with
a solution. Mr. Floyd stated in addressing some of the similar issues as
Sergeant Chapman said, there are two major issues that he has heard that are
reasons why the council is looking at adopting a change. The first one would be
preparedness, and with preparedness in mind he would say that in relations to
Homeland Security, in relation to their dedication as well as the Police
Officers' dedication as well as the Street Workers' dedication to our city,
there has never been a problem with recall. If you look back at the major
incidences we have had in the City of Waterloo, such as the fire at
Weyerhaeuser, they have never had a major problem or any. problem with call back
as one of the council members asked the affected department heads on Thursday in
during. The question was asked to three affected department heads if there ever
had a problem and the answer was no from all three. Mr. Floyd stated he would
echo what Sergeant Chapman said that if its not broke don't fix it. Mr. Floyd
stated he saw Mayor Hurley's interview on the Channel 2 News recently
considering comparables. Mr. Floyd stated he would like to throw out some other
places that are comparable to us. When it comes to contract time we use
comparables to adjust and to negotiate properly. Our comparables currently are
Cedar Rapids, which has a residency policy of 26 miles; Davenport which
residency policy is the entire Scott County; or Des Moines which has a residency
policy of 1 hour to the city limits. Mr. Floyd stated he thinks if we look at
those three cities that are as aggressive and trying to be as prepared as we
are, we are as strict now or more strict with the 20 mile policy. Mr. Floyd
stated he would like to talk about another problem that he has heard that this
policy could be addressing, and that is a recruiting problem, and he would like
to offer a couple of solutions. Mr. Floyd stated the city has a five point
bonus for applicants for being a member of the armed services with an honorable
discharge. Mr. Floyd suggested that if we are trying to get the citizens of
Waterloo, which they would more than welcome to have in their departments,
Police or Fire, offer a residency bonus program. Offer a bonus point of five
points, offer a ten point bonus points to get residence of the city to apply.
If you want to increase getting those folks to apply, which they support
wholeheartedly, that would be one option. Another option is to look at cities
such as, which are not comparable to us size wise, but if you look at the cities
of Chicago and Phoenix, which are leaders in progressive Fire Departments,
progressive cities and recruiting, look at their application process. You have
to be a resident of that city for six months prior to application. This is
another suggestion that the city could look at and evaluate when it comes to
considering this. Mr. Floyd stated he would like to suggest some sort of
funding be allocated towards some sort of explorer program or job service
program. If the council intends to increase the recruiting within the city,
which they wholeheartedly support, create a program to get public safety in high
schools, into programs where they can teach the necessary job skills to our
young adults who are looking to stay in the city and be a city employee. Mr.
Floyd stated he would like to give a short quote in regards to the morale of
city employees. One who he considers the greatest leaders that our nation has
ever known, General George S. Patton. "There is a great deal of talk about
loyalty from the bottom to the top. Loyalty from the top down is even more
necessary and is much less prevalent. One of the most frequently noted
characteristics of great men who have remained great is the loyalty of their
subordinates". Mr. Floyd stated they have been loyal to the mayor and council
and asked them to be loyal back to the employees.
July 10, 2006
Reports continued
Mayor Hurley stated one of the questions that has come up is where did this come
from, and he quite honestly can't pinpoint one single item. It is something
that has come together as different information has come through, and as council
has deliberated our ordinances, and as he paid attention to what is going on not
only in our city but in our state. Mayor Hurley stated he doesn't think a
policy change like this needs to come up through the ranks of the command
structure and then to the council and mayor because that at least partially
portends the fact that we are already too late. Mayor Hurley stated he thinks
that it is entirely proper, and he thinks the people of the City of Waterloo
would respect and appreciate that their elected officials are thinking ahead.
This is a far, far different world then it was when some of us first took
office. We've had 9-11, we've had Katrina, we are certainly not immune from
natural disasters or terrorism or pandemics. Mayor Hurley stated he thinks this
came from their sense of doing the right thing and providing the best service we
can to our constituents through our employees in future years. Mayor Hurley
stated an advertisement for some service came in today's mail, and it spoke to
essential services personnel, and it said communities cannot be run without
central government, firemen need to be available 24/7, water has to run,
sanitation systems need to work. This is a partial list of those essential
services personnel that most impact the community if they were not sufficiently
protected and provided for in the event of an incident. Mayor Hurley stated he
appreciates the care and the thought that Sergeant Chapman and Dave Floyd have
put into their comments, but it is interesting that we are not aiming this at
public safety. Its not an anti -public safety consideration. Critical employees
cover a whole penalope of service employees from forestry to sanitation to flood
control. Mayor Hurley stated he would like to add some to this group, such as
information technology people, because in the event of an incident whether its
natural or not, whether its airborne disease or not, he wants to be ahead of the
game. This move which we could have gone much tighter than 10 miles, this move
is a step into the right direction. Mayor Hurley stated in the future for
future employees, asking them to live within a 10 mile radius is not going to
hurt our applications. We have a very competitive package in salaries and
health and benefits that will attract those people.
Page 5
Councilperson Getty stated we need to make the point that current employees will
be grandfathered in if they live outside the 20 or 10 mile limit.
Mayor Hurley stated current employees would stay right where they are under the
proposed policy unless they decided to move. And at that time they would have
the choice of moving into the 10 mile radius, but it would not impact them until
and if that possibility came up.
Councilperson Cole stated this has been a very, very interesting week in terms
of response from people, and she is not quite sure if anyone every saw the
actual proposed policy word for word but the rumors were rampant,. Councilperson
Cole stated she had a Police Officer tell her that they are not safe on the
streets they protect, and that is why they live out of town and that appalled
her. She had someone else tell her that we will not be able to hire qualified
employees when we offer a benefit package and salaries and automatic raises
without performance reviews that people in the private sector would love to
have. Councilperson Cole stated she also has a hard time when we have issues,
and this has happened before, and someone decides they want to drop a dime to
the media and play it out there. She finds that exceptionally irritating and
not productive for anyone. Councilperson Cole proposed an amendment to the
policy that hasn't been passed yet. Councilperson Cole stated everyone should
be listening for the employees that are critical municipal employees and they
should be listening for a change in several provisions of the original policy.
The City of Waterloo recognizes the need to have certain critical municipal
employees able and available to respond on an emergency call basis for such
events as natural disasters, terrorism or pandemics. Those employees deemed to
be critical municipal employees include: all ranks of sworn police officers and
fire fighters; all City of Waterloo department heads; fire mechanic; Waterloo
Fire Rescue medical supervisor; regional training center coordinator;
engineering and sanitation staff directly involved with flood control; all
street department personnel except clerical staff; forestry personnel; airport
maintenance workers; garage mechanics; waste management staff including waste
management technicians, treatment operations foreman, sewer maintenance workers,
collection systems foreman, maintenance mechanics, maintenance foreman,
instrument control technicians, instrument control foreman and all others deemed
critical by the department head; all traffic operations personnel except
clerical staff; parking maintenance personnel; all building maintenance
personnel; and all information technology personnel for the City of Waterloo;
the Waterloo Police Department and the Waterloo Public Library. If called in
the event of an emergency, the city's Critical Municipal Employees are expected
to promptly report prepared and ready for work.
July 10, 2006
Reports continued
To ensure these employees are able to report on a timely basis it is the City of
Waterloo's policy that all Critical Municipal Employees who are hired after
September 1, 2006 must physically reside within a radius of 10 miles from
Waterloo's City Hall. Deleted from that is employees who move their residents.
City of Waterloo Critical Municipal Employees who physically reside outside of a
10 mile radius of City Hall and are residing at such address as of July 1, 2006
shall not be required to comply with the provision of this policy. So people
who are currently employed and want to move from Newton to Palo are
grandfathered in. The policy shall be approved by the city council and become
effective on September 1, 2006. And that is a change from July 1, 2006.
Page 6
Mayor Hurley stated broadly speaking what the amendment does is broaden the
definition of Critical Employees but basically leave current employees to do as
they were able to do today. Mayor Hurley stated but he understands that they
would have to comply to the 20 mile existing rule. Councilperson Cole responded
yes. Mayor Hurley stated if you live in Newton, if you change your address then
you ought to move to within the 20 miles and Councilperson Cole responded yes
and she has 10 miles in the policy.
With approval of the mover and seconder the above motion was withdrawn.
Cole/Gunderson
that the policy, with amendments as read by Councilperson Cole, be approved.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Schmitt said as we stated this issue revokes a lot of emotion, and
he thinks it is because there is no empirical data to support the what ifs. Our
Waterloo Fire Rescue and the Waterloo Police Department spend thousands of man
hours every year and thousands of taxpayer dollars training and preparing for
the what ifs. Councilperson Schmitt stated he thinks what we are doing here is
exactly the same thing. We're preparing for the what ifs. Its that all hands
response that never happened yet, but its an all hands response to some
catastrophic event whether its an act of God or manmade and we don't want to be
in a position where we are reacting. Councilperson Schmitt stated he thinks
think we are in the right position now where we are pre -acting and we are
preparing. Just like WFR and WPD do, preparedness is a statement that came up
and he totally agree with that. They are prepared, and this amended proposal
puts us in the same position so that the City is prepared.
Councilperson Gunderson stated being around this for many years, when we first
started in the 70s this is when this changed. The State Legislator and courts
got involved in this question many years ago, and this is when they opened up
the gates and allowed employees to live anywhere they wanted. Councilperson
Gunderson stated he sees this as a way that they finally have realized that they
went too far then, and now they are giving the authority back to the cities to
regulate to some extent for the benefit of our citizens that we have our
employees available on a timely basis to get here in an emergency.
Councilperson Gunderson stated he will go along with the amendment as stated by
Councilperson Cole.
Mayor Hurley stated he would like to make it clear so that we don't leave anyone
confused. If you vote this in, in terms of the existing current employees
whether they are public safety, sanitation, library, MIS or whatever, that if
under Provision 4 which we are talking about adherence to the current policy
which we are moving away from. We are tightening from 20 mile to 10 miles but
those current employees need to comply with the 20 mile rule. So we would
change, under Provision 4, City of Waterloo Critical Municipal Employees who
physically reside outside of a 20 mile radius and are residing at such address
as July 1, 2006 shall not be required to comply with the provision of this
policy.
Councilperson Greenwood stated he could support the policy as amended.
Councilperson Greenwood stated he had some phone calls from people who said
you're changing the rules in the middle of the game. You hired us, we've
complied to the 20 mile residency requirementbut now your changing the rules
again, and he wasn't real sure if that was fair. Councilperson Greenwood stated
he can support this so the new employees who come in will have to comply to a 10
mile radius and our existing people can stay where they are at. They would have
to comply to the policy that we changed a couple of years ago to the 20 mile
area.
• •
July 10, 2006
Reports continued
Councilperson Getty stated as he told Mr. Chapman on the phone the other night,
if you are a city employee and City of Waterloo residents pay taxes for living
in the City of Waterloo, and you are employed by the City of Waterloo, then you
ought to live in the City of Waterloo. Period. End of question. Councilperson
Getty stated he will go along with the 10 mile radius that we talked about last
week because you are not going to get everybody to live in Waterloo. We can't
tighten it. If we could tighten it that tight, that's exactly how tight it
should be. Councilperson Getty stated he really has a problem to think that you
sit here, and you read the newspapers and you hear on the television set about
Waterloo's residency going down and down and our taxes keep going up and up and
that is exactly the reason why folks leave. These people live out of town and
whether its Police Officers or Fire Fighters or snow removing people or whoever
it is, they draw the money that we pay as taxpayers. Councilperson Getty noted
the mayor and council can't live outside the city, but it is their choice to run
for office. If you run for an office here in the City of Waterloo you have to
live in the city. It should be the same for city employees. Councilperson
Getty stated as long as you draw money from the City of Waterloo and the
taxpayers from the city are paying your wages, by God you ought to live .in the
City of Waterloo.
Page 7
Mayor Hurley stated again that he very much respects the manner which Dave Floyd
and Randy Chapman have couched their remarks and that shows, he hopes, the
mutual respect we have for one another. This is an internal family squabble,
but it does have a very great bearing on the service to our city, and that is
what he was elected to do along with the council. Mayor Hurley stated someone
mentioned loyalty and it has kind of hung in the air over his head, and he won't
speak up for ourselves in terms of city government and citizens who pay our way,
but the tune of $20 million dollars or more combined for Police and Fire he
feels is a heck of a statement of loyalty. Mayor Hurley stated he thinks the
other departments that have suffered because we put our emphasis on public
safety is a statement of loyalty. And if he leaves office and ends up with
writers cramp or that wrist problem, it would be in part because of the number
of travel requests that he has signed for police and fire for training,
training, training and travel, which he does happily. Mayor Hurley stated he
would suggest that there is loyalty both ways. Mayor Hurley stated he
appreciates both police and fire, but also all those who have not spoken up.
Sanitation, Leisure Services Forestry Division and all of the other folks who
are called in on emergencies.
Councilperson Welper stated Mayor Hurley made the comment that this is
definitely a changing world and things have changed since he and I took office.
We, as representatives of the people, have a tremendous amount of responsibility
for their safety. And it seems like that we have to find some kind of a middle
ground, and he certainly agrees with Councilperson Getty on the 10 mile limit,
but at the same time its time for us to find a middle of the road so he agrees
with Councilperson Cole on her amendment to this policy and would support that.
Councilperson Kincaid stated after listening to Sergeant Chapman, he can support
the amendment Councilperson Cole has sent forth simply because it won't affect
the employees who are already employed by the City. They should have a right to
live where they want. We will just have to come up with some other alternative,
wheel tax or something like that, if we have to tax them for taking the monies
out of Waterloo. Councilperson Kincaid stated with the new employees who are
going to be hired after September, most companies around the nation are putting
different stipulations on new employees. Such as where they reside and the
amount of moneys they receive. Councilperson Kincaid stated he will support
this amendment.
Chris Wendland, City Attorney's Office, asked Mayor Hurley before the council
voted to restate the small modification he made on Councilperson Cole's proposal
as to what affect this will have on current city employees who later move.
Mayor Hurley stated we have approximately 58 percent of our Fire Department who
live outside the City of Waterloo, and over 50 percent of the. Police Department.
The current policy that we enacted two or three years ago says 20 miles, and if
you live outside that area you can stay there as long as you want, you will
still be employed. But if you move, you have to live within the 20 miles.
Today on September 1, we are saying is the existing set of employees who live
outside the 10 mile radius are unaffected. They don't have to do anything. If
they live outside the 20 miles and decide to change addresses they would need to
move within the 20 mile radius not the 10 miles.
Councilperson Getty stated that is not what the amendment says, and
Councilperson Cole said no that is not what it says.
Councilperson Getty stated it says that employees who move their location of
residence.
July 10, 2006
Reports continued
Mayor Hurley said basically we are saying now that we will have the new policy
as 10 mile radius for new employees. If you live outside that 10, 20, 30 miles
we are saying fine go with it and move around, and he asked the council if that
is what they were saying for current employees.
Mr. Wendland suggested that this matter be tabled so the language can be
refined, and we make sure its precise instead of legislating on the fly.
Page 8
Welper/Greenwood
that the Residency of Critical Municipal Employees be tabled. Ayes: Seven.
Motion carried.
DOCUMENTS
123793 - Gunderson/Kincaid
that communication from Airport Director transmitting agreement with Federal
Aviation Administration (FAA) for grant in the amount of $2,683,940.00 to fund
engineering and construction contracts for Rehabilitation of Runway 12-30
project and acquire friction measuring equipment, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-572.
123794 Gunderson/Kincaid
that communication from Airport Director transmitting Contracts, Bonds and
Insurance of Certificates in the amount of $74,947.00 with Access Control
Technologies, Inc. of Des Moines, Iowa in conjunction with Parking Lot Control
System at the Waterloo Regional Airport, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-573.
123795 - Gunderson/Kincaid
that communication from Airport Director transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $2,527,598.75 with Aspro Inc. & Its
Subsidiary of Waterloo, Iowa in conjunction with Rehabilitation of Runway 12-30
at the Waterloo Regional Airport, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-574.
123796 - Gunderson/Kincaid
that communication from Airport Director transmitting Change Order No. 1 for a
net increase in the amount of $14,844.00 for work performed by KW Electric, Inc.
in conjunction with Replacement of Airfield Signs at the Waterloo Regional
Airport, be received, placed on file and approved and Mayor authorized to
execute same. Ayes: Seven. Motion carried.
123797 - Cole/Schmitt
that communication from City Clerk transmitting agreement with Express Scripts,
Inc. to provide pharmacy benefits management, including administrative and claim
services, be received, placed on file and "Resolution approving said agreement",
be adopted and Mayor and City Clerk authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Greenwood stated Express Scripts will manage the city employees'
pharmacy benefit. In that contract is a economic incentive for the employee to
use Express Scripts mail order pharmacy, as they can get a 90 day supply by
paying two co -pays. There are 15 pharmacies in the City of Waterloo and we just
approved the site plan amendment for the 16th pharmacy. Councilperson Greenwood
stated he sees no reason to give employees an economic incentive to use a far
away mail order pharmacy that does not give face-to-face consultation to our
employee patients. Councilperson Greenwood stated he thinks at the end of the
day scenario our benefit would be better managed by using local pharmacies that
can give 90 days at retail here in the community. Keeping this business at
home, we want to keep our employees at home and live in Waterloo, why wouldn't
the city want to keep their pharmacy business in Waterloo.
• •
•
July 10, 2006
Documents continued
Councilperson Greenwood stated he told this to Bill Robinson upfront when we
started the negotiations for the employee health care benefit that using a
pharmacy benefit manager that did not promote their wholly owned mail order
pharmacy feeding business into that as they manage the benefit. Councilperson
Greenwood stated he thinks it is very self-serving on Express Scripts part to
marry that benefit as well as manage the pharmacy benefit, stirring business
into their mail order pharmacy. Councilperson Greenwood stated he will not
support this at all because he doesn't think its right.
Mayor Hurley asked Councilperson Greenwood if he was saying Express Scripts runs
the pharmacy.
Page 9
Councilperson Greenwood responded yes they are a pharmacy benefits manager that
also owns their own mail order pharmacy, and they put economic incentives in
there to get our employees to use that pharmacy. Councilperson Greenwood stated
it takes business out of the community, and he doesn't believe they can deliver
as quality of product as can be delivered here locally on a face-to-face basis.
Mayor Hurley asked Councilperson Greenwood would our employees using, if they
choose, a mail order service likely save the citizens, the city money.
Councilperson Greenwood responded no, likely not, likely at the end of the day
scenario would be very similar to buying it local. Councilperson Greenwood
stated the dollar we spend next year on pharmacy benefits is going to be pretty
much the same. Whether we use these guys or whether we give them a discount
card and let them get a contract rate at a pharmacy and have them turn the
receipts in.
Mayor Hurley asked if this mail order service offered as an option or offered as
integral infrastructure in the plan.
Councilperson Greenwood responded it is an option, but if an employee walked
into his store and wanted a 90 -day supply of a maintenance medication of a blood
pressure medication they cannot get it. Its just not part of our plan matrix
where they can get it, and he thinks it should be part of the plan matrix, if
the patient employee wants to pay the three co -pays and get their medication all
at once for 90 -days so they are not running to the drug store every month, he
thinks that should be in there. Councilperson Greenwood stated he told Mr.
Robinson that at the time we were negotiating this but it never got in here, and
he thinks our employees should have that.
Mayor Hurley asked if we pull the mail order option out, does this whole
agreement go to heck in a hand basket and we have to start over.
Councilperson Gunderson asked if anybody has information on how many of our
employees actually use the mail order option that we have right now that is in
place.
Nancy Eckert, City Clerk, stated this is a new company, and we were fully
insured before with another company so we don't have that information. Ms.
Eckert stated she and Councilperson Greenwood talked this afternoon with Express
Scripts and went over all of this with them and there is a little savings to the
city if our employees decide to use mail order for prescriptions. Ms. Eckert
stated Councilperson Greenwood is right if they use mail order, which is made
for maintenance type drugs, it does save the employee some money but it also
saves the city money. Ms. Eckert stated when Express Scripts gave us those
figures they used an average because they don't have anything from us to show
how many or how much would be used with the mail order. Ms. Eckert stated there
was some savings if they use the mail order, and she believes its going to be
people on the maintenance drug and probably retirees that live out of the area
but she cannot say how many or what the percent.
Councilperson Greenwood stated one thing he hears from employees that use his
business for their benefit is how inconvenient it is for our busy city employees
to have to come to the pharmacy every 30 days. Councilperson Greenwood asked
why not change the plan matrix so if they want to get a 90 -days supply at retail
on a maintenance drug that they take and asked why is that not available to
them. Ms. Eckert responded the plan can be changed that way. Councilperson
Greenwood stated it should be changed as we are self-funded, we are paying the
bill.
Ms. Eckert stated Councilperson Greenwood is right that the reason they don't
usually do that is then it takes the incentive out for the mail order. Ms.
Eckert stated this council can make that decision, they can say yes at the
retail level they can get a 90 -days supply, council can do whatever they would
like, and council can do whatever they would like to do with the mail order.
July 10, 2006
Documents continued
Councilperson Welper stated he was in on the telephone conversation with
Councilperson Greenwood and Nancy Eckert this afternoon, and this contract with
them is for a year. Councilperson Welper asked if we could look at doing it
Councilperson Greenwood's way for six months and see how it is going. If we are
spending too much or if we are saving money or whatnot, if it is not working for
them we can look back at this program.
Page 10
Mayor Hurley stated apparently we are in the driver's seat.
Councilperson Gunderson stated he would like to table this for one week to get
some answers. Councilperson Gunderson stated he is talking from experience, he
goes to get pharmaceuticals, and he used to be able to get them for 90 days,
and now he can't because of the City policy that is in place right now.
Councilperson Gunderson stated he was always told that he didn't have an option
for the 90 days. If we do have an option for 90 days, he thinks that would
especially help retired people who aren't around here and still leave the mail
order section in there if its available. Councilperson Gunderson stated he is
looking at the retired people who live out of state that still use our health
care policy.
Ms. Eckert asked Councilperson Gunderson if he understands that the mail order
is a 90 -day
complicated
thinks it is
thrown upon
it, and goes
supply. Councilperson Gunderson responded he does, but it is so
that he doesn't deal with it. Councilperson Gunderson stated he
too hard to deal with and its another bureaucratic red tape that is
him and he has enough the way it is, so he just doesn't deal with
through his pharmacist every 30 days.
Ms. Eckert stated we could bring Mr. Robinson in next week and let him answer
all these questions.
Greenwood/Cole
that the agreement with Express Scripts be tabled for one week. Ayes: Seven.
Motion carried.
123798 - Cole/Schmitt
that communication from Community Planning & Development Director transmitting
agreement with Ritland Architect for design services in conjunction with
Waterloo Exposition Grounds, Phase I, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to
execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Getty stated in reading the document he received it talks about
this project coming from gaming revenues, and his understanding is that the
gaming revenues that were given to the City of Waterloo have already been
earmarked for a project and this is not one of them. Councilperson Getty asked
where is this gaming money coming from.
Mayor Hurley stated be believes this is not the $1 million that we got an
advance gift, it is not the city's, it is the $1.5 million or one of the $1.5
million that is going through the Gaming Commission to the Waterloo Development
Corporation (WDC), which is sponsoring the Expo. So its their money, but
because its going to be City property we have got this measure in front of us.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-575.
123799 - Cole/Schmitt
that communication from City Planner transmitting agreement with Bob Huff of
Action Garage Company to lease building located at 327 West 3rd Street at a cost
of $1,500.00 per month for the purpose of storing equipment related to the
business as well as building walls for future garages, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor authorized
to execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Greenwood stated we bought that property, displaced a business and
now we are going to put another business back in there, and he asked what is the
action plan for that property.
• •
July 10, 2006
Documents continued
Don Temeyer, Community Planning & Development Director, stated the owner
actually came to the city to sell the property and we did buy it because they
were selling it. This is a 30 day lease because we aren't ready to start the
renovation for the public market and the expo grounds, and Mr. Huff asked to use
this building on a 30 day basis. Mr. Temeyer stated we informed Mr. Huff that
we would probably start renovation sometime this winter, and he said that he
would take it on a 30 day basis.
Page 11
Councilperson Greenwood asked if the plan was to renovate the building. Mr.
Temeyer responded yes because that is part of the public market, and we are not
going to tear the building down.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-576.
123800 - Cole/Schmitt
that communication from City Clerk transmitting agreement and addendum to
agreement with First Administrators to administer employee health care benefit
plan, including administrative and claim services, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-577.
123801 - Cole/Schmitt
that communication from City Clerk transmitting agreement and addendum to
agreement with Delta Dental to provide administrative and claims services for
employee dental benefit plan, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-578.
123802 - Cole/Schmitt
that communication from City Clerk transmitting agreement with Alternative
Service Concepts, LLC to provide administrative and claims services for Workers
Compensation Insurance, be received, placed on file and "Resolution approving
said agreement", be adopted and Mayor and City Clerk authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Gunderson stated he read this today and understands we are moving
in a different way we handle our Workers Comp.
Nancy Eckert, City Clerk, reported this is the company which will be handling
our self-insured comp claims so if an incident happens they will get the claim,
they will go through everything, look at the claim, talk to the Human Resources
Department, everybody involved and then process the claim.
Councilperson Gunderson asked how do we handle Workers Comp claims now. Ms.
Eckert responded before we were with IMWCA and we were fully insured. We paid a
premium and again went thorough the process. The claim was filed through the HR
Department to IMWCA, which reviewed the claims. We were fully funded for most
of the employees, other than our Police and Fire, and we were self funded for
them.
Councilperson Gunderson asked if Police and Fire would be under this plan and
Ms. Eckert responded yes.
Councilperson Gunderson stated in reading this it talks about the company we are
dealing with and it talks about the client which is the Police Department, but
he sees nothing about any representation of the employee. Ms. Eckert responded
the client is the employer, and it would involve all of our employees.
Mayor Hurley asked if Alternative Services Concepts is the third party
administrator or TPA, and Ms. Eckert replied they are the TPA
Following comments a vote was taken on the above motion with the following
result, Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-579.
July 10, 2006
Documents continued
123803 - Schmitt/Welper
Page 12
that communication from Senior Planner transmitting request of Mian Ahmed for
tax exemptions totaling $147,942.00 for 3003-3005 Angeles Drive located in the
Consolidated Urban Revitalization Area, together with recommendation of
approval, be received, placed on file and "Resolution approving said request",
be adopted and City Clerk instructed to notify Black Hawk County Assessor of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-580.
123804 - Schmitt/Welper
that communication from Senior Planner transmitting request of Walt Tournier for
tax exemptions totaling $250,000.00 for 751 West Donald Street located in the
Consolidated Urban Revitalization Area, together with recommendation of
approval, be received, placed on file and "Resolution approving said request",
be adopted and City Clerk instructed to notify Black Hawk County Assessor of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-581.
123805 - Schmitt/Welper
that communication from Associate Engineer transmitting Extra Work and Costs in
the amount of $25,502.60, with local match of $5,100.02, for additional
longitudinal subdrain work in conjunction with F.Y. 2006 U.S. 20/Ansborough
Avenue Interchange, Contract No. 667, be received, placed on file and approved
and Mayor authorized to execute same. Ayes: Six. Abstain: Cole because she
is employee of VGM.
Resolution adopted and upon approval by Mayor assigned No. 2006-582.
123806 - Schmitt/Welper
that communication from Superintendent of Waste Management Services transmitting
addendum to agreement with Corkery, Inc. for two-year extension to provide
transfer and disposal of recyclable waste at a cost of $26.95 per ton, be
received, placed on file and "Resolution approving said addendum", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-583.
123807 - Schmitt/Welper
that communication from Police Chief transmitting agreement with Governor's
Office of Drug Control Policy for FFY 06 Byrne -Justice Assistance grant in the
amount of $277,405.00, with local match of $92,468.00, for funding of the Tri -
County Drug Enforcement Task Force from July 1, 2006 through June 30, 2007, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayorauthorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-584.
123808 - Schmitt/Welper
that communication from Human Resources Director transmitting Memorandum of
Understanding to amend the Work Schedule of the Collective Bargaining Agreement
for Clerks I and II in the Waterloo Police Department Records Division to allow
4 ten-hour shifts per week, be received, placed on file and "Resolution
approving said memorandum of understanding", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-585.
RESOLUTIONS TO BE ADOPTED
123809 - Gunderson/Welper
that "Resolution authorizing commitment of financial support in conjunction with
the Vision Iowa grant award agreement", be adopted.
Prior to a vote on the above motion, the following comments were heard.
• •
July 10, 2006
Resolutions to. be Adopted continued
Michelle Weidner, Chief Financial Officer, reported this is more of an
administrative thing that we have been requested to do by the Iowa Department of
Economic Development who oversees the Vision Iowa grants, and the reality is its
actually about $1.5 million or $2 million less than what the council originally
committed to approximately five years ago. This is what was committed to when
we signed the contract and when we were awarded the contract in January 2003.
We are just crossing off one of those administrative items of things to do to
receive the Vision Iowa grant.
Page 13
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-586.
ORDINANCES TO BE ADOPTED
123810 - Cole/Getty
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (225)
Liberty Avenue of Section 551, Prohibited Parking At All Times on Certain
Streets; and enacting in lieu thereof a new Subsection (225) Liberty Avenue to
Section 551, Prohibited Parking At All Times on Certain Streets (restricting
parking on the south side of the 1900 block of Liberty Avenue from Wisconsin
Street to Dena Street)", be received, placed on file, considered and passed for
the first time. Ayes: Seven. Motion carried.
123811 - Cole/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
123812 - Cole/Greenwood
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (225)
Liberty Avenue of Section 551, Prohibited Parking At All Times on Certain
Streets; and enacting in lieu thereof a new Subsection (225) Liberty Avenue to
Section 551, Prohibited Parking At All Times on Certain Streets (restricting
parking on the south side of the 1900 block of Liberty Avenue from Wisconsin
Street to Dena Street)", be considered and passed for the second and third times
and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4821.
123813 - Kincaid/Welper
that "an Ordinance amending the 2001 Waterloo Code of Ordinances as it pertains
to Notice of Violation for municipal infractions", be received, placed on file,
considered and passed for the first time.
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley stated the city has a variety of cases where they can issue
violations whether its open burning or municipal infractions, and typically if
the person who is cited wants to oppose it they need to go to District Court to
do so. This new proposal allows the person if they so choose, to acknowledge
the violation and pay the fine directly to the City and bypass all of the court
costs and all of the additional violation cost that occur with that: It offers
a number of provisions and the process is very clear and it also adopts a notice
of violation form.
Councilperson Cole stated but if people want to go to court they can.
Mayor Hurley
issued. Not
issued if, on
who fills in
violation and
stated on the note it says a civil municipal citation will be
the violation notice but a municipal infraction citation will be
or before (blank) date this form is not returned and asked
that time and how much time has to elapse between the notice of
the civil municipal infraction.
Chris Wendland, Assistant City Attorney, responded he believes that along with
that form there was a page of instructions, and part of this process leaves
discretion with the department head who might ordinarily have some enforcement.
They can decide first of all whether to even use this process or whether to
continue processing things through District Court. Mr. Wendland stated to the
extent that they decide to use this process, it would be up to them to fill in
those blanks and presumably they would set some reasonable time for mailing and
for response and possible absence of the alleged violator.
July 10, 2006
Ordinance to be Adopted continued
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
Page 14
123814 - Kincaid/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
123815 — Kincaid/Schmitt
that "an Ordinance amending the 2001 Waterloo Code of
to Notice of Violation for municipal infractions", be
the second and third times and adopted. Ayes: Seven.
Ordinances
considered
Ordinance adopted and upon approval by Mayor assigned No. 4822.
NEW BUSINESS
123816 - Schmitt/Welper
as it pertains
and passed for
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2007 Prescotts Creek Sanitary Sewer and Water Main
Extensions, Contract No. 703, be received, placed on file and approved. Ayes:
Seven. Motion carried.
123817 - Schmitt/Kincaid
that plans, specifications, form of
Prescotts Creek Sanitary Sewer and
received and placed on file. Ayes:
123818 - Schmitt/Kincaid
contract, etc. in conjunction with F.X. 2007
Water Main Extensions, Contract No. 703, be
Seven. Motion carried.
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-587.
123819 - Schmitt/Kincaid
that "Resolution
contract, etc. as
setting date of
August 7, 2006 at 5:30 p.m. in the City Hall Council Chambers
and taking of bids on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
of hearing
on plans, specifications,
form
Resolution adopted and upon approval by Mayor assigned No. 2006-588.
123820 - Schmitt/Welper
to instruct Fire Chief to prepare specifications, form of contract, etc. in
conjunction with Purchase of 2006 Pumper Fire Truck for Waterloo Fire Rescue, be
received, placed on file and approved. Ayes: Seven. Motion carried.
123821 - Schmitt/Kincaid
that specifications, form of contract, etc. in conjunction with
Pumper Fire Truck for Waterloo Fire Rescue, be received and
Ayes: Seven. Motion carried.
Purchase of 2006
placed on file.
123822 - Schmitt/Kincaid
that "Resolution preliminarily approving specifications, form of contract,
in conjunction with above described project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-589.
123823 - Schmitt/Kincaid
etc.
that "Resolution setting date of hearing on specifications, form of contract,
etc. as July 24, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking
of bids on the above described project", be adopted and City Clerk instructed to
publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2006-590.
July 10, 2006
ORAL PRESENTATIONS
123824 - Kreig Kreull, 241 Elmwood Drive, reported on July 1, they had some people trying
to force their way into some houses in their neighborhood and they caught them
doing it. Mr. Kreull stated they notified the Police Department, and they never
received, anything. Mr. Kreull stated he realizes the Police Department has
priorities, they have to take care of the major stuff but there was no follow-up
on it. He called down, no return phone calls. Mr. Kreull stated Cedar Falls is
having problems with break-ins, and this is right in that vicinity.
Mayor Hurley stated he spoke with Chief Jennings about this and will continue
that discussion. It was difficult to find a record of the call. Mayor Hurley
stated as they talked on the phone this is one of those unfortunate things, and
even though we are spending $20 million dollars a year on public safety we don't
have enough of them to respond. That was the night of the fireworks festival,
and we had every officer we could downtown maintaining crowd control.
Page 15
Mr. Kreull stated it was about 8:35 p.m. and Nate was the dispatcher. Mr.
Kreull stated if they would have tied him up, he'd still be sitting there
because there has never been a patrol car over there. Mr. Kreull stated he
realizes the officers are busy, they have priorities, but there should have been
at least a phone call or something. Mayor Hurley responded he will be in
contact with Mr. Kreull.
Rodney Pearce, Metro Taxi co-owner, stated on Friday, July 7, 2006 at
approximately 2:30 p.m. in the afternoon he received a phone call from our City
Clerk, Nancy Eckert, stating that his license had not been renewed since May.
Mr. Pearce stated it was an oversight on their part because they are opening
another company called Drivers Unlimited, which is a private driver shuttle
service. It was an honest overlook on their part. They have had some incidents
happen, they had some taxi cabs totaled out. Mr. Pearce stated they bought
another vehicle and on Friday when they came in to talk to Nancy, they had the
insurance in line, and at that point she said it hadn't been inspected, and she
was going to shut them down. Mr. Pearce stated it has been his understanding
over the years, city council decides who gets a license, who gets revoked, and
he is confused as to who has the power here and also which ordinances the city
chooses to enforce. Mr. Pearce stated he came in here a while back and asked
the city council to impose new ordinances for the taxi cab services. It has not
been enforced once. Mr. Pearce stated his new company operating on Friday night
had one of his drivers blocked in by another taxi cab from a competitive
company. This taxi cab was not a legal taxi cab for the City of Waterloo, and
he knows this because the officer he spoke with that afternoon, a Sergeant from
the Waterloo Police Department, told him which vehicles were licensed with that
company, and that vehicle was not one of them. Mr. Pearce stated he called the
Police Department and asked them to do something about it. His taxi cab was
blocked in across the street from the Police Department by another taxi cab that
was illegal, nothing has been done. Mr. Pearce stated ten minutes ago he was
looking out the window and saw that same exact taxi cab picking up across the
street. That taxi cab does not have meters, that taxi cab is not licensed with
the City of Waterloo, and it is highly unlikely that the driver even has a
license. Mr. Pearce stated in Section 3-5B-19 in the city ordinance it says the
drivers must have an id card with their photograph. Mr. Pearce stated he and
his drivers have been pulled over in the past, and they never been asked for
their photo id card, they have never been asked for their city license. Mr.
Pearce stated his license was pulled, suspended, his business closed because of
a choice Nancy Eckert made. However, there is another company out there
operating right now that the city is aware of. Mr. Pearce stated Ms. Eckert has
been made aware of the vehicles that are not legally license with Waterloo. The
Sergeant from the Waterloo Police Department told him he informed Nancy that
these cabs were registered to Kip Grimson and Yellow Cab, and that they have
been seen on the road. Mr. Pearce stated when he asked the officer what have
they done about it he said they will put an attempt to locate all these
vehicles. That vehicle is still out operating on the road as of ten minutes ago
when he saw it picking up across the street. Mr. Pearce stated his question is
when do you guys decide which ordinance you choose to enforce, and who do you
choose to enforce it on. Mr. Pearce stated in his opinion and from everybody
who has been involved with his company, his employees, and his drivers, show
that there has been a favoritism leaning towards his competitor since the day he
opened. Mr. Pearce stated he feels its very unfair, his company was shut down
and he thinks it is in city council's power until things are resolved. Mr.
Pearce stated that his competitor should be investigated and he should be shut
down also until the investigation is complete because he is running illegal cabs
out there.
July 10, 2006
Oral Presentations continued
Mayor.Hurley stated we will try to stick to around three minutes. Mayor Hurley
thanked Mr. Pearce for his suggestions, but wanted to tell him his impression
over the last three years. There has been constant attempt on Mr. Pearce's
part, his companies part and his competitor's part to make the city choose
between them and help one, out the other. The ordinances are constructed as a
guideline to hopefully voluntary compliance. Mayor Hurley stated the fact is
Metro Taxi's vehicles were not insured since May, at least four of them.
Page 16
Mr. Pearce stated his vehicles were insured, they had an insurance company that
dropped the ball, and he is in the process of a lawsuit with that company right
now. That is not the issue. Mr. Pierce stated the issue is their license
expired May 31, and he was not contacted by the City Clerk's office. There was
no three day written notice, no three violations, nothing had been imposed until
Friday when the City Clerk called him and said she was closing his doors, and
that is not fair.
Mayor Hurley stated he doesn't think it is the City Clerk's job to make sure
that the vehicles are insured.
Mr. Pearce stated it is the City Clerk's job not to drop the ball and make sure
that all these business are licensed and correctly licensed. Mr. Pearce stated
he did not receive any notification from her in any written way, shape or form.
Mr. Pearce stated his company dropped the ball because they are working on
another company. However, that does not excuse the fact that the City Clerk's
office dropped the ball.
Mayor Hurley responded when he dropped the ball on the insurance he put the City
of Waterloo and our citizens at risk for liability problems.
Mr. Pearce stated so a taxi cab out there that is ripping people off without a
taxi meter, that's not licensed with the city, that's okay. Mayor Hurley
responded not if that is a true fact.
Mr. Pearce stated if that is in fact true he expects to see those cabs pulled,
off the street immediately, and he will do everything in his power, he will
contact every tv station and newspaper to make sure that the city is not
dropping the ball. Mr. Pearce stated he may be a small business, and a taxi cab
owner but he is somebody who counts as everybody in this room counts. What's
good for one is good for all, Mr. Pearce stated as his elected official, he
expects that kind of treatment, and he is not getting it. Mr. Pearce stated
since Mayor Hurley has taken office every time he comes in here Mayor Hurley
rolls his eyes at him, and that is the attitude he has gotten from him since the
day he took office. Mr. Pearce stated he has done his part to try and comply,
but he cannot get any cooperation from Mayor Hurley, from the City Clerk's
office, from the Police Department, from nobody. Mr. Pearce stated he is seeing
violations going on, and one infraction on his part and his license is pulled.
This guy has been doing this for the last 10 years and the city has let him get
away with it.
Mayor Hurley stated he doesn't feel good that Mr. Pearce feels that way about
him or the city, and he wishes we could work together on his infractions without
bringing the other people in.
Mr. Pearce stated he does not feel the mayor has done his job to see that other
people are being treated as fairly or unfairly as he is, and until that happens
he will make it his mission to see that that happens.
Mayor Hurley asked Mr. Pearce if he thinks his company is being singled out.
Mr. Pearce stated he absolutely does because if he had one taxi cab on the
street that wasn't legal he would be pulled and his competitor is running three.
Mr. Pearce stated he has a plan in the works to bring Metro Taxi back to
Waterloo, they may be temporary closed. Mr. Pearce stated he has another
company, Drivers for Hire Incorporated, and it is a private for hire shuttle
service that is taking up the slack for their existing customers. Mr. Pearce
stated they had a Waterloo Sergeant spend an hour with his company on Saturday
to watch their operations, how they are operating and he is completely satisfied
with the way they are operating it. Mr. Pearce stated his proof of insurance is
in place as of today, and they are in compliance with all state ordinances and
DOT right now since there is no city ordinance for this business. Mr. Pearce
stated they are complying in everyway possible and want to start the taxi
service back up. Mr. Pearce stated they have a plan in the works to bring an
outside company that has anywhere from 15 to 30 taxi cabs that want to come in
and work the contract under Metro Taxi dispatching, and he is looking at a way
of adding anywhere from 30 to 60 jobs to this town.
• •
July 10, 2006
Oral Presentations continued
Mr. Pearce stated he is going to make an appointment with Mayor Hurley, and
hopefully this time he will return his calls so they can actually sit down and
have a conversation in his office. Mr. Pearce stated the last ten times he has
called, he has not even gotten a call back from the mayor. Mr. Pearce stated
lets see if he can be a real mayor, step up to the plate, do his job and help
these small businesses in this community. Mr. Pearce stated he agrees with Mr.
Greenwood when he said earlier about keeping the business local.
Page 17
Schmitt/Cole
that the above oral comments be received and placed on file and the Council
adjourn at 7:07 p.m. Ayes: Seven. Motion carried.
Nancy CMC
City Clerk