HomeMy WebLinkAboutMinutes-08/08/2005•
August 8, 2005
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, August 8, 2005. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Councilperson Eric Gunderson.
122085 - Welper/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, August 8, 2005,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
122086 - Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, August 1,
2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
122087 - Welper/Kincaid
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Schedule AP640, pp. 1-64, dated August 8, 2005, in
the amount of $1,935,020.25, 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. 2005-706.
2. Communication from City Engineer transmitting request of Kimberly Boote
for a waiver for a concrete driveway to be located at 3861 Ranchero Road,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2005-707.
3. Communication from Police Chief transmitting request of Essie Buls,
Special Services Director for the United Sisters of Black Hawk County, to
hold Fall Freedom Fest from 10:00 a.m. to 6:00 p.m. on August 27, 2005,
with walk to begin at Lincoln Park and end at Sullivan Park.
Resolution adopted and upon approval by Mayor assigned No. 2005-708.
4. Communication from City Engineer transmitting request of Steve Rieger for
a waiver for an asphalt driveway to be located at 2703 Huntington Road,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2005-709.
b. Motion -to approve the following:
1. Ellen Laughlin, Draftsperson, to attend 7th Biennial GIS Conference in
Ames, Iowa on August 29 - September 1, 2005, with costs not to exceed
$340.00.
2. Robert Ball, Chief Building Inspector, and Brian Baker, Chief HVAC
Inspector, to attend Solving Moisture and Mold Problems Seminar in Des
Moines, Iowa on September 20, 2005, with costs not to exceed $645.00,
including use of city vehicle.
3. Communication from Mayor Hurley transmitting recommendation of appointment
of the following to the Planning, Programming and Zoning Commission:
Jesse Loveless and Tom Powers, with term expiration date of February 7,
2007; Jerry Hartleip, with term expiration date of February 7, 2008;
reappointment of Reverend Jay Burt, with term expiration date of February
7, 2008.
4. Communication from Superintendent of Waste Management Services
transmitting recommendation of appointment of Timothy Sahr to the position
of Sewer Maintenance Worker, subject to passing physical and drug test.
August 8, 2005
Consent Agenda continued
Page 2
c. Beer License Permit Application
Class C
Clark of Waterloo, 1008 LaPorte Road (Renewal) (Expires 9/15/06) (Includes
Sunday Sales)
Hy -Vee, 2181 Logan Avenue (Transfer from 2052 Logan Avenue on August 16,
2005) (Includes Sunday Sales)
d. Beer License Permit Application
Class B
La Chiquita, Inc., 301 East 4th Street (Renewal) (Expires 8/6/06) (Includes
Sunday Sales)
e. Liquor License Permit Application
Class E
Hy -Vee, 2181 Logan Avenue (Transfer from 2052 Logan Avenue on August 16,
2005) (Includes Sunday Sales)
f. Wine License Permit Application
Class B
Hy -Vee, 2181 Logan Avenue (Transfer from 2052 Logan Avenue on August 16,
2005) (Includes Sunday Sales)
g. Cigarette Permit Application
Hy -Vee, 2181 Logan Avenue
h. Vehicle for Hire Business License Application
Yellow Cab, Inc. 16 West 14th Street
Metro Taxi, 835 West 5th Street
i. Bonds.
Ayes: Seven. Motion carried.
HEARINGS & BIDS
122088 - Clark/Schmitt
that proof of publication of notice of public hearing on F.Y. 2006 Sidewalk
Repair Block Grant Program - Zone 5, Contract No. 690, as published in the
Waterloo Courier on July 22, 2005, be received and placed on file. Ayes:
Seven. Motion carried.
122089 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Clark/Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
122090 - Clark/Cole
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2006 Sidewalk Repair Block Grant Program - Zone 5,
Contract No. 690", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-710.
122091 - Clark/Schmitt
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-711.
122092 - Clark/Welper
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder Bid Bond Bid Amount
B & B Builders and Supply of Waterloo, IA 5% $5,189.20
Meli, LLC of Waterloo, IA $301.18 $6,023.60
Ayes: Seven. Motion carried.
•
August 8, 2005 •
Hearings & Bids continued
122093 - Clark/Schmitt
that proof of publication of notice of public hearing on F.Y. 2005
Extension, Contract No. 692, as published in the Waterloo Courier
2005, be received and placed on file. Ayes: Seven. Motion carried.
122094 - This being the time and place of public hearing, the Mayor called
and oral objections and there were none.
Clark/Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
122095 - Clark/Cole
Page 3
Winn Street
on July 27,
for written
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2005 Winn Street Extension, Contract No. 692", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-712.
122096 - Clark/Schmitt
that "Resolution ordering construction in conjunction with above said
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-713.
122097 - Clark/Schmitt
project",
to receive, file and instruct City Clerk to open and read bids and refer
Engineer for review:
Bidder
K. Cunningham Construction Co., Inc.
Cedar Falls, IA
Dolan Excavating, LLC
Manchester, IA
Peterson Contractors, Inc
Reinbeck, IA
Ayes: Seven. Motion carried.
122098 Clark/Schmitt
Bid Bond Bid Amount
5% $453,713.45
5% $432,318.50
5% $439,076.45
to City
that proof of publication of notice of public hearing on 2005 Byrnes Tennis
Complex Renovation Project, as published in the Waterloo Courier on July 29,
2005, be received and placed on file. Ayes: Seven. Motion carried.
122099 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Clark/Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
122100 - Clark/Cole
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with 2005 Byrnes Tennis Complex Renovation Project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-714.
122101 - Clark/Schmitt
that "Resolution ordering construction in
be adopted. Ayes: Seven.
conjunction with above said
Resolution adopted and upon approval by Mayor assigned No. 2005-715.
project",
August 8, 2005
Hearings & Bids continued
122102 - Clark/Schmitt
Page 4
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Alternate Bid
Bidder Bid Bond Amount Courts 1 - 6
Aspro Inc. of Waterloo, IA 5% $149,578.00
Bidder Bid Bond Bid Amount Courts 11 - 16
Aspro Inc. of Waterloo, IA 5% $149,578.00
Ayes: Seven. Motion carried.
122103 - Clark/Schmitt
that proof of publication of notice of public hearing on Waterloo Regional
Airport Terminal Apron Rehabilitation, as published in the Waterloo Courier on
July 22, 2005, be received and placed on file. Ayes: Seven. Motion carried.
122104 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Clark/Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
122105 - Clark/Cole
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Waterloo Regional Airport Terminal Apron
Rehabilitation", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-716.
122106 - Clark/Schmitt
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-717.
122107 - Clark/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Bidder Bid Bond Bid Amount
Peterson Contractors, Inc. of Reinbeck, IA 5% $1,189,982.50
Cedar Valley Corp. of Waterloo, IA 5% $1,169,443.00
Ayes: Seven. Motion carried.
122108 - Clark/Schmitt
that proof of publication of notice of public hearing on Waterloo Regional
Airport Wildlife Fencing, as published in the Waterloo Courier on July 22, 2005,
be received and placed on file. Ayes: Seven. Motion carried.
122109 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Clark/Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
122110 - Clark/Cole
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Waterloo Regional Airport Wildlife Fencing", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-718.
• •
August 8, 2005 • S Page 5
Hearings & Bids continued
122111 - Clark/Schmitt
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-719.
122112 - Clark/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Bidder
D & N
Cedar Rapids, IA
Pauline Company
Waterloo, IA
American Fence Co.
Des Moines, IA
Ayes: Seven. Motion carried.
122113 Clark/Schmitt
Bid Bond Bid Amount
5% $915,896.50
5% $1,080,821.50
5% $941,776.00
that proof of publication of notice of public hearing on Live Fire Training
Structure, as published in the Waterloo Courier on July 26, 2005, be received
and placed on file. Ayes: Seven. Motion carried.
122114 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Clark/Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
122115 Clark/Cole
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Live Fire Training Structure", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-720.
122116 - Clark/Schmitt
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-721.
122117 - Clark/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review:
Bidder
WHP Training Towers & Burn Rooms
Overland Park, KS
Nielsen Building Systems
Racine, WI
Ayes: Seven. Motion carried.
HEARINGS
122118 - Welper/Gunderson
Bid Bond
5%
5%
Bid Amount
$290,178.35
$271,849.00
that proof of publication of notice of public hearing on the request of Fred
Allen to vacate a portion of the 8 foot utility easement generally located at
217 Park Lane for the purpose of constructing an addition to the existing
detached garage, as published in the Waterloo Courier on July 26, 2005, be
received and placed on file. Ayes: Seven. Motion carried.
August 8, 2005
Hearings continued
122119 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Page 6
Welper/Gunderson
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
122120 Welper/Gunderson
that "an Ordinance vacating a portion of the 8 foot utility easement generally
located at 217 Park Lane for the purpose of constructing an addition to the
existing detached garage", be received, placed on file, considered and passed
for the first time. Ayes: Seven. Motion carried.
122121 Welper/Gunderson
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
122122 - Welper/Gunderson
that "an Ordinance vacating a portion of the 8 foot utility easement generally
located at 217 Park Lane for the purpose of constructing an addition to the
existing detached garage", be considered and passed for the second and third
times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4778.
122123 Kincaid/Schmitt
that proof of publication of notice of public hearing on request of Dwayne
Eilers to sell and convey for $1,605.00 property generally located north of
Independence Avenue and west of Bishop Avenue, as published in the Waterloo
Courier on July 26, 2005, be received and placed on file. Ayes: Seven. Motion
carried.
122124 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Dwayne Eilers stated he has been trying to buy this piece of property, which he
sold to the city in 1997, since June 1, 2004. Mr. Eilers stated he has been
before the Planning and Zoning staff 57 times, and every time he received a
different story, such as we need a new appraiser, we can't get it done, we got
the Ansborough bypass to do first. Mr. Eilers stated there were three small
pieces in one corner and at one time he owned them all, and he had them bought
for $2,600.00, but then they changed their mind and said they would have to send
notices to someone else. Mr. Eilers stated two weeks ago when this item was put
on the agenda, there were two other parcels, a little parcel in the corner and
another one down the road, but Mr. Anderson said they must have made a mistake.
Mr. Eilers stated that last week they conveniently came up with the heir in
Denver, Colorado did not get a proper notice, and on the other parcel there were
two people on the parcel and the second person did not receive notification.
Mr. Eilers stated this is a year and two months later. Mr. Eilers stated on the
last day Mr. Anderson decided to cut the property in half because the city might
need that for future development, and he asked him what development because it
is backed right up to warehouses and there is only 30 feet between there and the
street. Mr. Eilers stated he had a check from a year ago that was accepted by
the city and then it was put on the back burner because staff said we needed
another appraiser, needed to reappraise it, can't find the right paper, the
right heirs, and he got every story Planning and Zoning could come up with. Mr.
Eilers stated he got so mad he didn't come to the council meeting two weeks ago
because of the stall job. Mr. Eilers stated he wanted all of the property and
not just one piece of it. Mr. Eilers said he told them he would be satisfied if
the city would give him another 100 feet so he would not have to come up 12 feet
to meet the road. Mr. Eilers stated he had plans to build $1 million in
warehousing on both sides of the road. Mr. Eilers asked the council to amend
the motion to include an additional 100 feet. Mr. Eilers stated if the city
would not give the additional 100 feet he would like to move forward on this
request and see if he could do something else with the other two parcels later
on.
Nancy Eckert, City Clerk, stated the publication notice would only have the
legal description for what Planning and Zoning submitted.
• •
August 8, 2005 • • Page 7
Hearings continued
Councilperson Welper asked if Mr. Eilers if he wants to go through with this
portion or set it aside. Mr. Eilers responded if it was set aside, it would be
set back some more, and they were planning to present their offer April 1 to the
Planning and Zoning for six major warehouses, four on one side and two on the
other side, but everything got chopped up.
Mayor Hurley stated we cannot include the other 100 feet tonight because we
would have to publish the legal description. Mr. Eilers stated he will take
what the council is giving him, but it is costing the city thousands of dollars
in warehousing because they can't get back on the road.
Councilperson Greenwood asked Mr. Eilers if he shared with Mr. Anderson the
aspects of his development. Mr. Eilers stated he talked with Chris Western and
Noel Anderson every time. Mr. Eilers stated he has already received bids from
several companies to put up warehouses so they could move forward in April.
Welper/Kincaid
that the hearing be closed and oral comments be received and placed on file.
Ayes: Seven. Motion carried.
122125 - Kincaid/Schmitt
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Nays:
Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2005-722.
UNFINISHED BUSINESS
122126 - Schmitt/Cole
that communication from Fire Chief transmitting recommendation of award of
contract in the amount of $35,053.00 to Automated Resources, Inc. of Manassas,
Virginia in conjunction with Purchase of Portable Lift Station for Waterloo Fire
Rescue, 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. 2005-723.
PETITIONS FROM PUBLIC
122127 - Gunderson/Welper
that communication from City Planner transmitting request of Crossroads Cinema
(CEC) for a minor site plan amendment to the "S-1" Shopping Center District for
property generally located at 2450 Crossroads Boulevard, with a total of 2,075
seats and construction of 45,422 sq. ft. new theatre and lobby space and future
expansion of 4,088 sq. ft., be received, placed on file and "Resolution
approving said minor site plan amendment", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-724.
DOCUMENTS
122128 - Cole/Schmitt
that communication from Associate Engineer transmitting final contract amount of
$697,013.48 for the F.Y. 2003 Hwy. 218/Cedar Valley Lakes Trail - Phase I &
Trolley Car Trail, Contract No. 584, be received, placed on file and "Resolution
approving said contract amount", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-725.
122129 - Cole/Schmitt
that communication from Superintendent of Traffic Operations transmitting
application with Iowa Department of Transportation for Traffic Safety Funds
grant to cover 100 percent of the construction and equipment costs to improve
traffic safety at the intersection of Idaho Street and Dubuque Road, be
received, placed on file and "Resolution approving said application", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-726.
August 8, 2005
Documents continued
122130 - Cole/Schmitt
Page 8
that communication from Superintendent of Traffic Operations transmitting
agreement with Iowa Department of Transportation for Traffic Safety Funds Grant
in the amount of $40,000.00 to install traffic signals at the intersection of
Olympic Drive and Ansborough Avenue at an estimated cost of $78,000.00, 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. 2005-727.
122131 - Schmitt/Gunderson
that communication from Police Chief transmitting Alcohol Incentive Grant in the
amount of $17,000.00 from the Iowa Governor's Traffic Safety Bureau to be used
for overtime traffic enforcement and educational materials, with no required
matching funds, be received, placed on file and "Resolution approving said
grant", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-728.
122132 - Schmitt/Gunderson
that communication from Police Chief transmitting 28E Agreement with Iowa
Alcoholic Beverages for the purpose of providing and funding tobacco enforcement
activities, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-729.
122133 - Schmitt/Gunderson
that communication from Superintendent of Waste Management Services
Change Order No. 5 for a net increase in the amount of $122,537.00
be performed by Municipal Pipe Tool in conjunction with Satellite
Corrosion Control Project, Contract No. 652, be received, placed
approved and Mayor authorized to execute same.
transmitting
for work to
Interceptor
on file and
Prior to a vote on the above motion, the following comments were heard.
Tim Shea, Superintendent of Waste Management, reported this is approximately 'ti
mile of a 3.2 mile interceptor that services the area from Eagle Ottawa Tannery,
Tyson Food Corporation, John Deere Tractor Assembly to the East Avenue Treatment
Facility. Mr. Shea reported the federal grant will fund this project.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
RESOLUTIONS TO BE ADOPTED
122134 - Kincaid/Welper
that communication from Building Official/Maintenance Administrator transmitting
correction to contract awarded to McGill Construction for West and East Fifth
Street Parking Ramps Restoration Project for a total cost of $79,489.00, be
received, placed on file and "Resolution approving said contract award", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-730.
122135 - Kincaid/Welper
that communication from Leisure Services Director transmitting 2005-2006 Young
Arena Ice Rates, be received, placed on file and "Resolution approving said fees
and rates", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-731.
122136 - Kincaid/Welper
that communication from Leisure Services Director transmitting Sports Facility
Rental Policy and Rates, be received, placed on file and "Resolution approving
said policy and rates", be adopted.
Prior to a vote on the above motion, the following comments were heard.
• •
August 8, 2005
• •
Resolutions to be Adopted continued
Page 9
Councilperson Gunderson noted that the ice rates will go up between $2 to $8 for
all the ice time, and we haven't raised the rates since 2002. Councilperson
Gunderson stated they are not going up outrageously, just meeting the cost the
city is incurring to operate the facility.
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. 2005-732.
122137 - Kincaid/Welper
that communication from Mayor Tim Hurley transmitting allocation of $205,000.00
to the Waterloo Police Department Budget and $205,000.00 to the Waterloo Fire
Rescue Budget of the $1 million advance from Isle of Capri, be received, placed
on file and "Resolution approving said funds allocation", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Clark stated the Police and Fire Departments each receive
$205,000.00, but the Police Department is for five officers for nine months and
the Fire Department is for four firefighters for ten months and it equals the
same amount. Mayor Hurley responded we are now in August and by the time we get
things rolling we will be in September and it is the difference in time it will
take Chief DeBerg to get people on board versus the Police Department if they
should have to attend the academy. Mayor Hurley stated that originally for the
Fire Department to get back to FY05 level, it was four bodies, with one being
the training officer. For the Police Department it was five people.
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. 2005-733.
NEW BUSINESS
122138 - Greenwood/Schmitt
to instruct Waterloo Housing Authority Director to prepare plans,
specifications, form of contract, etc. in conjunction with Ridgeway
Towers/Boiler Installation Project be received, placed on file and approved.
Ayes: Seven. Motion carried.
122139 Greenwood/Clark
that plans, specifications, form of contract, etc. in conjunction with Ridgeway
Towers/Boiler Installation Project, be received and placed on file. Ayes:
Seven. Motion carried.
122140 Greenwood/Cole
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. 2005-734.
122141 - Greenwood/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as September 6, 2005, 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. 2005-735.
ORAL PRESENTATIONS
122142 Rodney Pearce, Vice President of Metro Taxi, stated in regards to the previous
ordinance passed concerning taxicabs, everything is satisfactorily but he still
has an issue with the insurance requirement for taxicabs. Mr. Pearce asked the
council to hold a work session to discuss the insurance. Mr. Pearce stated the
insurance premium he paid today, and he paid a down payment per vehicle because
the insurance company has agreed to let him make payments, it has taken him one
week to come up with enough revenue to come up with the first payment and there
are four payments. Mr. Pearce stated it will take him a month to pay the
premium with absolutely nothing left over for payroll and maintenance of
vehicles. Mr. Pearce stated he feels the insurance requirement for taxicabs is
literally killing the industry as he has reduced his fleet from five to two, and
August 8, 2005
Oral Presentations continued
Page 10
he has no intention of adding anymore taxi cabs any time soon. Mr. Pearce
stated with the casino coming to town this is a bad picture because he has
already talked to people who are concerned if they came to the casino in
Waterloo they would have to wait three hours for a taxicab for transportation to
and from the casino. Mr. Pearce stated he told them the only thing we could do
would be to add more taxicabs to the fleets, but there is not have enough
revenue in this city to generate the kind of cash it takes to pay these kind of
requirements for taxicabs. Mr. Pearce stated he has five vehicles broken down
in his shop, one only needs a $10 latch to fix the door and he doesn't have $10
to fix the latch so the cab sits, Mr. Pearce stated it cost $5,000 to insure
it, and it takes a lot of taxi rides to pay for that taxicab to be insured on
the road. Mr. Pearce proposed that the city look into other options. Mr.
Pearce stated he talked to St. Paul Insurance, and they said it was a
recommendation, not a requirement and its for the council to decide. Mr. Pearce
stated St. Paul said taxicabs are on the road 24 hours per day, there is a risk
of accident and a risk of injury and he understands that, but the city is
currently operating right now with two companies and only four taxicabs. Mr.
Pearce said other cities, such as Cedar Rapids, Des Moines, and Iowa City, that
run 30 to 100 cabs can generate that kind of business and generate that kind of
cash. Mr. Pearce proposed looking at a sliding scale such as companies with one
to five cabs lower the insurance requirement to $100,000; companies with five to
ten taxicab put the insurance at $200,000; those with ten or more taxicabs would
require $300,000 liability insurance. Mr. Pearce stated the insurance
requirement should be based on the number of vehicles on the road because of the
higher risk. Mr. Pearce stated two taxicabs cannot generate $10,000 to insure
these cabs. Mr. Pearce stated it has taken him a week to come up with $492 to
make one payment on his down payment for his insurance and by the end of the
month he will have no cash left. The insurance will be paid but he will have
cars broken down and drivers laid off. Mr. Pearce stated taxicabs cannot afford
to operate in Waterloo with this type of insurance requirements.
Mayor Hurley stated that the council spoke on this recently and followed the
recommendation of our liability insurance carrier who recommended staying at the
$300,000 requirement. Mayor Hurley stated he will ask the council what they
would like to do. Mayor Hurley stated the city is not interested in making life
miserable for anyone or running anybody out of business, but the council's first
responsibility is to the citizens of Waterloo. Mayor Hurley stated if a taxicab
gets into an accident and they are underinsured or not insured at all, who do
you suppose the deep pockets are because the city permitted it.
Mr. Pearce stated there are four times the amount of buses on the road, that are
three times the size of taxicab and they have less insurance.
Welper/Kincaid
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
122143 - Welper/Gunderson
that the Council adjourn at 6:32 p.m. Ayes: Seven. Motion carried.
Nancy Ackert, CMC
City Clerk
• •