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HomeMy WebLinkAbout06.15.2009APPEAL HEARING June 15, 2009 4:45 p.m. Council Chambers Members present: Mayor Hurley, Cole, Getty, Hart, Greenwood, Welper, Reggie Schmitt. Members absent: Steve Schmitt. Moved by Reggie Schmitt, seconded by Welper that the Agenda, as proposed, be approved. Ayes: Six. Absent: Steve Schmitt. The purpose of the meeting was to hear Kip Grimson's appeal for a city license to drive taxi cabs within the City of Waterloo. Robert Hearity, representing Kip Grimson, reviewed his letter dated June 15, 2009 to Mayor Hurley and council members. Kip Grimson, owner of Yellow Cab, Inc., was advised by Nancy Eckert, City Clerk, of the denial of Mr. Grimson's application by a letter dated May 5, 2009. The denial was because of the recommendation of the Police Department based upon Mr. Grimson's arrest history. Mr. Hearity noted that by arrest history it is meant the filing of simple misdemeanor citations having to do with technical defects in vehicles and equipment, not with anything which has to do with driving. The citations were issued to cab drivers and at no such occasion of the issuance of citations was Mr. Grimson driving the vehicle at issue nor at the time of the alleged violations. All of the citations say no prosecution resulted. Mr. Hearity stated that at this time Kip is defending a number of the citations and feel they will be successful on a majority of them. They are not arrests, but technical violations. Mr. Hearity stated that all of the citations have come from one officer and all within a particular period of time. Mr. Grimson has been driving in excess of 20 years and has been the owner of Yellow Cab, Inc. for approximately 12 years. Mr. Hearity introduced a letter from Charles E. Compton Sr., a disabled veteran, and he noted that Mr. Grimson gets a lot of people in the same condition. Mr. Hearity stated that all the citations are technical violations of the city's ordinance as to what the cabs should look like, meters, signage, etc. Mr. Grimson has been doing his best to be in compliance, but Officer Sullivan keeps writing the citations. None of the citations have resulted in conviction and they will come up for trial in August. Mr. Hearity stated Mr. Grimson is a good businessman, employees many people, pays taxes and has been in the community for 22 years and would like his local taxi cab driver's license. Mr. Grimson has received his Cedar Falls taxi cab driver's license with the same record. Mr. Grimson has been in compliance except for technical issues. Mr. Grimson was not the driver on any of the citations. Mr. Grimson was cited because he is the owner of Yellow Cab. There are four drivers and they were cited. Mr. Grimson wants to drive a cab and asks the council to grant him his license. Mr. Hearity stated that the normal routine is that Officer Sullivan contacts Mr. Grimson, Mr. Grimson goes to the police station and signs the citations. An arrest record is different from a citation. Dave Zellhoefer, Assistant City Attorney, stated that the city has a number of citations for Mr. Grimson written in February and March 2009. A court date has been set for August 20, 2009. Mr. Zellhoefer stated he differs with Mr. Hearity calling them minor technicalities. Having a meter is required, another a door would not close and was due to a complaint by a passenger that a door would not close. It is the city's responsibility to make sure cabs are maintained in a safe condition. The ordinance requires drivers to obtain a permit along with a picture of the driver. The ordinance requires that the vehicle have the name of the company, which was not on the cab. Officer Sullivan wrote Mr. Grimson because he is the owner of the business. We cannot go after the cab drivers because they are not responsible for following the city's rules. Mr. Zellhoefer stated the city is just asking Mr. Grimson to follow the rules, and if he does not then it is incumbent on the city to say no, you have to have correct signage, meters and be safe. Councilperson Hart noted there have been 12 citations issued since February. Mr. Zellhoefer stated the citation is written and a month later the problem is still there. The city cannot back down because we know the vehicles are unsafe. Appeal Hearing June 15, 2009 Page 2 Mr. Hearity stated that Mr. Grimson was not behind the wheel of the vehicles when the citations were written, and he is trying his best to make sure the vehicles are safe. Mr. Hearity stated they have no objections to making the cabs safe and they have been trying because no drivers have been picked up since March. Mr. Hearity asked the city council to believe in Kip's Yellow Cab as he believes in the community. Mr. Grimson is working to clean up his cab business. Mr. Zellhoefer stated that if Mr. Grimson comes forward with information to the city clerk and makes repairs than she should be given the ok to give him the license. Moved by Reggie Schmitt, seconded by Cole that the hearing be closed and written and oral comments be received and placed on file. Ayes: Six. Absent: Steve Schmitt. Motion carried. Moved by Reggie Schmitt, seconded by Welper that the denial be affirmed. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked how many vehicles Mr. Grimson has in his business. City Clerk responded he is licensed for two vehicles. Councilperson Getty noted that the citations are because Mr. Grimson does not have the proper equipment. Mr. Hearity stated that they are denying the charges, and that the cabs that he has seen have meters and windows that work. Mr. Hearity stated he is not saying that some of the cabs on the road might not have had a meter without a customer. There is a meter in every cab right now, top lights and insignia. John Beckman, Police Captain, reviewed the process for the citations. The citations were written from the officer's observation of violations of the regulations of the city's code. The officer evaluates if there is a violation, then issues the citation. Mr. Grimson knows this process, he has been through the process several times and he picks and chooses when to follow the rules. When a vehicle goes down, Mr. Grimson does not go through the process of registering a new vehicle until he is caught then he comes to city hall and goes through the process. Councilperson Greenwood stated that it doesn't sound like it is technical but violations and that the standards of the ordinance are not being followed. Saying he is doing the best he can is not up to the city's standards in the ordinance. All the businesses have to follow the standards laid down by the governing body. The ordinance and insurance require they use a qualified vehicle and the city could be liable for the company not following the standards of our ordinance. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Steve Schmitt. Motion carried. With no further business before the council, it was moved by Hart, seconded by Reggie Schmitt that the meeting be adjourned at 5:15 p.m. Ayes: Six. Absent: Steve Schmitt. Motion carried. Nancy Eckert City Clerk • •