HomeMy WebLinkAboutMinutes-09/12/2005• •
September 12, 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, September 12, 2005. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge
122283
of Allegiance: Robert Stringer, Human Resources Director.
Welper/Kincaid
that the Agenda, as amended, for the Regular Session on Monday, September 12,
2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
122284 - Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, September 6,
2005, at 5:30 p.m., and September 8, 2005 Executive Session be accepted and
approved. Ayes: Seven. Motion carried.
Presentation by Paul Hansen of U.S. Flag flown over Afghanistan.
Mayor Hurley read a Proclamation declaring
War/Missing In Action Recognition Day.
CONSENT AGENDA
122285 - Welper/Kincaid
September
16, 2005 as Prisoner -of -
that the following items on the consent agenda be received, placed on file and
approved:
a.
b.
Resolutions to approve the following:
1. Resolution approving Schedule AP640, pp. 1-95, dated September
2005, in the amount of $1,546,705.78, a copy of which is on file in
City Clerk's office, together with recommendation of approval of
Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2005-834.
12,
the
the
2. Communication from Police Chief transmitting request of Rolling
Thunders Inc., Iowa Chapter #1 to use the parking lot on West 4th Street
to release Helium filled balloons and conduct a rifle salute after they
hold Prisoner of War -Missing in Action Recognition Day on September 17,
2005 at the Five Sullivan Brothers Convention Center from 1:00 - 4:00
p.m.
Resolution adopted and upon approval by Mayor assigned No. 2005-835.
Motion to approve the following:
1.
Mark Gallagher, Sports Manager, to attend Iowa Park and Recreation
Association Fall Conference in Bettendorf, Iowa on September 20-21,
2005, with costs not to exceed $162.00, including use of city vehicle.
2. Monty Frana and Lisa Campbell, Police Sergeants; and Aaron McClelland,
Police Officer, to attend Rangemaster School in Waterloo, Iowa on
September 26-30, 2005, with costs not to exceed $595.00.
3. Joe, Leibold, Police Lieutenant, to attend Background Investigations
School in Omaha, Nebraska on September 14-16, 2005, with costs not to
exceed $594.78, including use of city vehicle.
4. Matthew Klunder,
Des Moines, Iowa
$938.54.
5. Lance Teisinger,
Moines, Iowa on
$853.89.
6. S. Klemas, Mason
Moines, Iowa on
$730.00.
Cerro Gordo County Deputy, to attend LEIN Course in
on April 25 - May 6, 2005, with costs not to exceed
Black Hawk County Deputy, to attend LEIN Course in Des
April 25 - May 6, 2005, with costs not to exceed
City Police Investigator, to attend LEIN Course in Des
April 25 - May 6, 2005, with costs not to exceed
7. Jeff Olson, Cedar Falls Police Captain, to attend LEIN Course in Des
Moines, Iowa on April 25 - May 6, 2005, with costs not to exceed
$1,067.94.
September 12, 2005
Consent Agenda continued
8. David Kelly, Floyd County Deputy, to attend LEIN Course in Des Moines,
Iowa on April 25 - May 6, 2005, with costs not to exceed $900.43.
9. Shiloh Mork, Webster City Police Sergeant, to attend LEIN Course in Des
Moines, Iowa on May 16-27, 2005, with costs not to exceed $836.92.
10. Jason Leonard, Waverly Police Sergeant, to attend LEIN Course in Des
Moines, Iowa on May 16-27, 2005, with costs not to exceed $609.99.
Page 2
11. David McDonald, Bremer County Deputy, to attend LEIN Course in Des
Moines, Iowa on May 16-27, 2005, with costs not to exceed $561.02.
12. Steven Petersen, Black Hawk County Sergeant, to attend LEIN Course in
Des Moines, Iowa on May 16-27, 2005, with costs not to exceed $765.97.
13. Duane Oldenburger and Collin Freesemann, Butler County Deputies, to
attend LEIN Course in Des Moines, Iowa on May 16-27, 2005, with costs
not to exceed $1,214.03.
14. Greg Bagsby and Christopher Leach, Rehabilitation Specialists, to
attend Inspector/Risk Assessor certification training in Dubuque, Iowa
on November 14-18, 2005, with costs not to exceed $3,800.00, including
use of city vehicle.
15. Ryan Muhlenbruch, Police Officer; and Wendy Drinovsky, Police
Department Data Systems Manager, to attend Traffic and Criminal
Software Group meeting in Des Moines, Iowa on September 14-15, 2005,
with costs not to exceed $257.80, including use of city vehicle.
16. Cammie Scully, Director of Cultural & Arts; and Kent Shankle, Curator,
to attend Haitian Art Society Conference in Montreal Canada and return
art work to Toronto, Canada and Nyack, New York on September 21-28,
2005, with costs not to exceed $2,640.00, including use of city
vehicle.
17. Adam Galbraith, Police Investigator, to travel to Rochester, Minnesota
on September 9-12, 2005, with costs not to exceed $284.00.
18. Communication from Mayor Hurley transmitting recommendation of
appointment of Ed McCann to the Airport Board, with termination
expiration date of January 14, 2006.
c. Beer/Liquor License Permit Application
Class C
Shad's Place, 110 East 11th Street (Renewal) (Expires 9/3/06) (Includes
Sunday Sales)
d. Fireworks Display Application
Waterloo Black Hawks, Inc., 125 Commercial Street on October 1, 2005
e. Haunted House Application
Gary Hall dba SG Promotions, 257 Ansborough Avenue (Cattle Congress)
October 8, 14, 15, 21, 22, 28, 29, 30, 31
f. Bonds.
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
122286 - Clark/Gunderson
that request of Councilperson Clark to rescind the agreement
Controls, Inc. at a cost of $360,925.00 for the Five Sull
Convention Center Facility Improvement, Phase II, and inst
Official/Maintenance Administrator to prepare specifications and
received, placed on file and approved.
on
with Johnson
ivan
ruct
seek
Brothers
Building
bids, be
Prior to a vote on the above motion, the following comments were heard.
Todd Davis with Johnson Controls, Inc., reported in the middle of 2003 they were
engaged by the city to look into ways to save money at the Five Sullivan
Brothers Convention Center. At that time, they worked with Gilmor & Doyle using
some of their resources and found some savings, presented them to Gilmor &
Doyle. At that time, Gilmor & Doyle presented them to the city. The city
seemed interested and wanted to move forward and asked Johnson Controls to put
some costs together, what it would cost to capture those savings.
• •
September 12, 2005
• •
Unfinished Business continued
Page 3
Mr. Davis stated that this is an old issue that was started in 2003 in public
forum, and up to this point Johnson Controls has responded to the request of the
city to find the savings and solutions to get some energy efficiencies. Mr.
Davis reported that in 1997 it was put out to bid, Johnson Controls was the low
bidder, and their controls were installed at that time. Mr. Davis stated they
were engaged in 2003 to find savings to try to capture some energy efficiencies
in the facility using the equipment that was already there at that point. Mr.
Davis stated their Phase I, which was passed in October 2004 for $119,000.00, is
complete. Mr. Davis stated they had an electrical subcontractor for that phase.
Councilperson Welper asked if any of the local contractors will have a shot at
doing any of this work, and Mr. Davis responded absolutely. Mr. Davis stated he
was here about eight weeks ago for the energy and maintenance study, and there
were a lot of questions regarding that issue, but this issue is a separate
entity or opportunities. Mr. Davis stated that issue is looking at the energy,
maintenance, philosophies, strategies and equipment, and although they have
incorporated some of their results of the Five Sullivan Brothers in its current
state, they would factor that out if they went ahead and made these
improvements.
Mayor Hurley asked if Johnson Controls had committed any funds since the council
approved the contract on August 22, 2005. Mr. Davis stated that typically there
is an expenditure right away, and they will get that amount to Mayor Hurley.
Councilperson Welper stated the local contractors are saying they need to bid on
this project, but it sounds like they will bid on this project. Mr. Davis
responded they will have subcontractors on this project. Mr. Davis stated they
do not agree with the motion to rescind the contract as they presented their
contract in good faith, provided solutions and cost saving estimates that will
provide a proper business case, and they will subcontract out a portion of this
project. Mr. Davis stated in 2003 Johnson Controls was engaged by the city to
find savings at the Five Sullivan Brothers Convention Center, they found the
savings, presented them in a preliminary report through Gilmor and Doyle to the
city. At that point, Gilmor and Doyle and the city asked if Johnson Controls
could quantify the cost to make those savings a realty, and Johnson Controls did
that. Mr. Davis stated there have been many ups and downs and dealings with the
Ramada, but Johnson Controls has done all they were asked to do by providing all
the results, all the resources and they incurred a lot of costs developing those
results. Mr. Davis stated that a portion of this contract will be
subcontracted.
Mayor Hurley asked Johnson Controls what is the difference between this
situation and the often -cited lawsuit in Des Moines with Siemans. Mr. Davis
responded he has read it many times, including the appeal and the state statute,
and there seems to be a lot of gray area. Mr. Davis stated it seems to him it
is in defining whether construction is a verb or a noun. Mr. Davis stated they
did a similar project for the city in October 2004. Mr. Davis stated they have
customers who after the initial bidding process put their system in, upgraded
them over a period of time and they did not go out to bid for the upgrade. Mr.
Davis stated the Siemans lawsuit was for a brand new convention center/ice rink
in Des Moines, and after it was bid Johnson Controls was the winning bidder.
Jim Walsh, City Attorney, stated he agrees that it is a gray area, and if we
want to end up with the Court of Appeals or Supreme Court deciding, then we can
continue with this contract because that is where it will end up. Mr. Walsh
stated the timing of this is different than the timing of the previous one, and
the reaction from the other interested parties is different. Mr. Walsh stated
in prior dealings with Johnson Controls, up to this recent agreement, we did not
have a Court of Appeals saying that a proposal accepted on the basis as we have
done was in violation of Chapter 384 of the Code, of Iowa, and now we have one.
Mr. Walsh stated that now that we have one staring us in the face and the other
parties have made it quite clear they would be happy to go to court on this,
then that is where we will end up. Mr. Walsh stated there are other
alternatives, which he prefers the city pursue, which may still end up with
Johnson Controls doing the work, but which would avoid the legal mine field we
are talking about. Mr. Walsh stated he would be willing to go to court if the
council would like to do that because he is sure that is where the city will end
up if we proceed with this contract.
Mr. Davis stated his concern is that his costs are out there, all their energy
savings and data are out there. Mr. Davis stated from the standpoint of an RFP,
if this were five or six months ago, he would have no problem with that because
he feels confident they can beat anyone in the market place. Mr. Davis stated
unfortunately since the contract has been approved, all of their information,
data and savings are now public record, and it puts them at a competitively
disadvantage as the city goes forward with an RFP.
September 12, 2005
Unfinished Business continued
Councilperson Welper stated it seems to him there is still a lot of confusion as
to what we are doing because we still could be farming out this same $360,000 to
local contractors. Councilperson Welper stated he would like to see everyone
sit down at the table and figure out exactly where we are going.
Page 4
Welper/
that this item be tabled. Motion failed due to a lack of a second.
Councilperson Schmitt stated he thinks we are between a rock and a hard place,
that the council made the best decision they could at the time with the
information that was given them, but circumstances have changed. Councilperson
Schmitt stated that obviously the court action in Polk County is one of them.
Councilperson Schmitt stated he agrees with Johnson Controls that with their
contract information being made public, it does put them at a disadvantage.
Dave Krejchi, with Dalton Plumbing & Heating, stated he thinks the right way to
do this is to put out an RFP as it happens to him every day when he bids, and he
shows people energy savings. He stated you do put time into bidding and some
times you lose the bid, but he feels the right thing for the council to do is
put this out for bid as the city might be able to get a general contractor who
could general this themselves and save the city even more money. He stated he
is a contractor who probably won't even bid this job, but on behalf of his
constituents in the audience there are some who could do the job and do good
work. Mr. Krejchi asked the council to reconsider.
John Thomas, Young Plumbing & Heating, stressed that they are not against
Johnson Controls, its just a matter of how this contract was arrived without a
competitive bid process. Mr. Thomas stated they feel this contract should be
put out with an RFP and bid competitively. Mr. Thomas stated the competitively
bid process does work and will save the city money.
Mr. Davis stated this process has been in a public forum since 2003, its after
the contract has been signed and now there are issues with it. Mr. Davis stated
that from a competitive bid disadvantage, once all their information is out
there, it is almost impossible for them to put together a winning bid.
Mr. Walsh stated the original proposal from Johnson Controls was accepted at a
city council meeting, subsequent to that there was a vote to reconsider at the
next meeting, that vote passed, this is the next meeting following that meeting,
and this is as if it were the first time it was on the agenda.
Mayor Hurley asked if there were two separate things on the motion: to rescind
the agreement approved on August 22, 2005 and instruct Mr. Cutwright to prepare
specifications and seek bids. Mr. Walsh stated there are two separate items on
the motion with the thought to move ahead on the project, but they could be
separated or modified, but the proposed motion says to start over with a new bid
package from Mr. Cutwright's department.
Councilperson Welper asked if he would be voting against something he agreed
upon two years ago. Mr. Walsh responded this proposal from Johnson Controls
voted on by the council on August 22, 2005 was the first it was put on paper for
the city. Mr. Walsh stated that Johnson Controls schema for resolving the
controls issue at the Five Sullivan Brothers Convention Center has been
discussed for a couple of years, but this proposal was not in front of the
council until the meeting it was approved. Mr. Walsh stated that for the past
week everyone has understood that the approved contract was in severe jeopardy,
and now the council is deciding to start over or proceed with this one.
Mr. Walsh stated he understands Mr. Davis' point about Johnson Controls bid
being in the public, but the Court of Appeals' decision was in March or April
this year, and Johnson Controls has had as much time to review the decision and
understand the implications as we did. Mr. Walsh stated Johnson Controls' data
became public information as soon as they sent it to the city, we have been
receiving information on the energy proposals for Five Sullivan Brothers
Convention Center for some time now, they have been discussed thoroughly with
Ramada Inn, and we have had discussions on the estimates. Mr. Walsh stated that
Johnson Controls did not have the exact prices they were going to charge for
those products until this proposal came up and to that extent it does create a
difficult problem for them, but on the other hand they are also ahead of the
game as they know exactly what is required and the others will have to figure it
out.
Mr. Davis stated he disagrees with Mr. Walsh because he does not see where they
would be a head of the game when someone else has all their information and it
puts Johnson Controls at a distinct disadvantage. Mr. Davis stated that on
August 18, 2003, the city entered into a contract with Gilmor & Doyle to provide
mechanical and engineering services to design a Johnson Controls DDC system and
associated electrical work, and this was in a public orum over two years ago.
September 12, 2005
• •
Page 5
Unfinished Business continued
Mr. Davis asked why didn't this come up over the past two years, why did it come
up after the contract was signed.
John Thomas stated that as mechanical contractors it happens routinely where a
price will go out, and then competitively bid. Mr. Thomas stated if this were
an engineered product by Gilmor & Doyle then it should have gone out for bid as
Gilmor & Doyle is specifically contracted to work with the city, and that is why
they feel it should have gone out for bid.
Councilperson Gunderson stated that the state law under 384.96 says that city
improvements exceeding $25,000 the governing body shall advertise and seek bids.
Councilperson Gunderson stated that was his concern when it came up three weeks
ago, that the city has a $360,000 contract that we did not seek bids, but just
gave to Johnson Controls. Councilperson Gunderson stated he feels the city is
just rectifying the statements they made a couple of weeks ago, that we should
have followed the rules and Mr. Cutwright should have followed the rules as he
must be aware of this. Councilperson Gunderson stated that earlier today the
city took bids for the Police Department and Fire Department's t -shirts for a
couple thousand dollars, but we don't seek bids for a $360,000 improvement on a
public facility. Councilperson Gunderson stated he is in favor of preparing
specifications and seeking bids on this matter.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
122287 - Greenwood/Cole
that communication from Director of Waterloo Housing Authority transmitting
recommendation of award of contract in the amount of $107,536.00 to Waterloo
Boiler Company in conjunction Ridgeway Towers/Boiler Installation Project, 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. 2005-836.
REPORTS
122288 - Gunderson/Welper
that communication from Chairperson of Citizens Compensation Board transmitting
recommendation on Mayor and Council Member's compensation, be received, placed
on file and approved. Ayes: Seven. Motion carried.
DOCUMENTS
122289 - Cole/Schmitt
that communication from City Engineer transmitting Change Order No. 2 for a net
decrease of $8,440.50 for work performed by Peterson Contractors, Inc. of
Reinbeck, Iowa in conjunction with F.Y. 2004 Ferguson Distribution Center
Sanitary Sewer Extension, Contract No. 682, be received, placed on file and
approved and Mayor authorized to execute same. Ayes: Seven. Motion carried.
122290 - Cole/Schmitt
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of
Reinbeck Iowa at a total cost of $199,589.50 in conjunction with F.Y. 2004
Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be
received, placed on file and "Resolution approving said documents", be adopted
and two-year Maintenance Bond be received and placed on file. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-837.
122291 - Cole/Schmitt
that communication from Senior Planner transmitting Final Plat of Deeds Replat
Block 17, together with Staff Report, Certificate of Survey, Deed of Dedication
and Report of City Engineer, be received, placed on file and "Resolution
approving said final plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-838.
September 12, 2005
Documents continued
Page 6
122292 - Cole/Schmitt
that communication from Community Development Director transmitting agreement
with U.S. Department of Housing and Urban Development for Section 108/BEDI
(Brownfields Economic Development Initiative) grant for $8,220,000.00 Section
108 loan to be used to encourage redevelopment of the Rath Area, 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. 2005-839.
122293 - Cole/Schmitt
that communication from Building Official/Maintenance Administrator transmitting
Completion of Project and Recommendation of Acceptance of Work performed by
McGill Restoration of Omaha, Nebraska in conjunction with East and West Fifth
Street Parking Ramps Deck Waterproofing Repair, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor authorized to
execute same and five year labor and material warranty be received and placed on
file. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-840.
122294 - Cole/Schmitt
that communication from Community Planning and Development Director transmitting
Offer to Buy agreement with R & N Investment Properties L.C. to purchase the
TruGreen Lawn Care property located at 327 West Third Street for $190,000.00,
plus approximately $5,000.00 in closing and incidental costs, 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. 2005-841.
122295 Cole/Schmitt
that communication from Community Planning and Development Director transmitting
proposal from Tallgrass Historian L.C. of Iowa City, Iowa to complete an
architectural/historical source report at a cost of $1,500.00 in conjunction
with acquisition of the Coca Cola Plant and the Waterloo Bowl Inn sites as part
of the US 63 Reconstruction Project, be received, placed on file and "Resolution
approving said proposal", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-842.
122296 - Cole/Schmitt
that communication from Director of Waterloo Housing Authority transmitting
Contracts, Bonds and Certificates of Insurance in the amount of $107,536.00 with
Waterloo Boiler Company in conjunction with Ridgeway Towers/Boiler Installation
Project, be received, placed on file and "Resolution approving said documents",
be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-843.
ORDINANCES TO BE ADOPTED
122297 - Schmitt/Gunderson
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (109)
Sycamore Street of Section 553, No Parking Here to Corner; and enacting in lieu
thereof a new Subsection (109) Sycamore Street of Section 553, No Parking Here
to Corner (installation of No Parking Here to Corner signs restricting parking
on the southwest side of Sycamore Street in a southwesterly direction from E.
11th Street)", 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.
Sandie Greco, Superintendent of Traffic Operations, explained that due to
Sycamore Street being changed over to a two-way last Friday morning, this will
restrict parking from East 11th Street in a southwesterly direction on Sycamore
Street so cars cannot park close to the corner making it difficult for people
turning left onto Sycamore Street.
• •
September 12, 2005
• •
Ordinances to be Adopted continued
Page 7
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
122298 Schmitt/Gunderson
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
122299 - Schmitt/Welper
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (109)
Sycamore Street of Section 553, No Parking Here to Corner; and enacting in lieu
thereof a new Subsection (109) Sycamore Street of Section 553, No Parking Here
to Corner (installation of No Parking Here to Corner signs restricting parking
on the southwest side of Sycamore Street in a southwesterly direction from E.
11th Street)", be considered and passed for the second and third times and
adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4783.
ORAL PRESENTATIONS
122300 - Mayor Hurley reminded everyone that the city will have its second annual
citywide cleanup which we are calling Buck Day, and it is open to citizens of
Waterloo this Saturday from 7:00 a.m. until 5:00 at Waste Management Services on
Easton Avenue. Each vehicle entering the site will be charged $1, and there
will be an additional charge collected per tire and per household appliance with
a limit of four of each. The city is asking citizens to have the exact change
ready. This is to help defray the cost of running the full day cleanup. The
Courier has an article in today's paper with more details as to what is
allowable and what is not and we also have information on the cable access
channel.
Jerry Shatzer, 1829 West 7th, stated he got angry over the Johnson Controls
agreement. Mr. Shatzer asked the council if they had a business or bar that
didn't make business after ten years what would they do with that business or
bar. Mr. Shatzer asked what is it going to cost in litigation, and he feels it
is time to look at this white elephant and sell it to the highest bidder. Mr.
Shatzer stated he doesn't think people understand it is the taxpayer's money,
and a true business is operated on profit and loss, and the city, state and
federal governments do not have that responsibility they are just issuing other
people's money through redistribution of income. Mr. Shatzer stated that it
will cost about $35,000 just to go to court. Mr. Shatzer stated energy has
increased 71 percent in wholesale for natural gas, and right now they are
talking 41 percent in retail. Mr. Shatzer stated we are not done with the oil
price increase, we have just begun and asked what will that do to the city's
economy.
Scott Ambrose, 114 Butler Avenue, reported he has a gas stove that is setting
against his garage and asked who he could donate it to as the stove is
operational. Mayor Hurley suggested St. Vincent DePaul, Goodwill, or run an ad
in the John Deere swap sheet. Mr. Ambrose stated he was going to give it to the
city cleanup, but they would just scrap it and it is a good stove. Mayor Hurley
asked Mr. Ambrose to call his office for some organizations to contact.
Pat Treloar, 210 Zachary Court and the Community Coordinator for Waterloo Fire
Rescue, reported there is a new and improved Fire Pals.com website. The website
has been up and running for approximately three years, and all the money came
from congressionally earmarked money through Senator Harkin's office and in turn
he sent the money to the Center for Disease Controls and Injury Prevention. A
new kitchen safety section has been added and is now the home page. There are
six sections and animated characters taking kids through the site and there is a
lot of audio. There will be a get together tomorrow at Lincoln School to kick
it off with Dr. Dewitt Jones speaking.
Rodney Pearson, owner of Metro Taxi, stated a month ago he brought up an issue
on the city's insurance requirements for taxi cab, and since that time he has
touched base with the insurance company in Iowa who insures taxicabs and has
gotten a cost breakdown and he distributed a copy to the council. Mr. Pearson
stated he received e-mails from a couple of the council members saying they had
done some checking with two or three insurance companies and have gotten
different totals than he had. Mr. Pearson stated there is only one insurance
company for the state of Iowa that will insure taxicabs; therefore there are not
two or three options to get quotes from. Mr. Pearson stated he believes some
have been getting quotes on commercial auto insurance, and when he checked on
that he came up with the same figure, but taxicabs fall under a different
category and must carry taxicab insurance only. Mr. Pearson stated only Taylor
Insurance out of Des Moines is able to offer that insurance.
September 12, 2005
Oral Presentations continued
Page 8
Mr. Pearson reviewed the breakdown of what it would cost using a sliding scale
of limits based on the amount of risk. Based on $100,000 limit with one to five
taxicabs it would cost $431.56 per week for 36 weeks because most insurance for
taxicabs must be financed, and that is after 25 percent down of $5,178.78. Mr.
Pearson stated that breaking it down with the current requirement of $300,000
liability coverage, the down payment is a little over $6,600.00 and a little
over $550.00 per week, which is a lot of taxicab rides especially on days like
today when he had a driver checkout, he owed him $14.93 at the end of the shift
rather than turning money into them. Mr. Pearson stated fuel costs have gotten
out of control, insurance requirements are high, and this would save him a
little over $5,800.00 per year if he were running five taxicabs and would give
him enough money to put two more taxicabs on the road. Mr. Pearson stated they
had a gentlemen this afternoon who lost his job because he called for a taxicab,
and both taxicab companies told him it would be an hour to two hours to pick him
up. Mr. Pearson stated he called the gentlemen's employer and told him it was
their fault, so he got his job back. Mr. Pearson stated they do not have enough
taxicabs to meet the demand because they cannot afford to put them on the road
as it is too expensive to insure, maintain and fuel them along with payroll,
dispatchers and drivers. Mr. Pearson is asking to come up with a way they can
operate with a little more cash in their hands so they can offer a little more
service. Mr. Pearson stated the cost is literally shutting them down, and they
are trying to find ways to rectify the situation.
Mayor Hurley stated staff or the Insurance Committee will review his figures,
but the city also has insurance concerns and the liability issue. Mayor Hurley
stated the $300,000 is liability coverage, not collision. Mr. Pearson responded
this is just minimum liability coverage required by the city, not collision.
Mayor Hurley stated the city is not out of bounds with other cities in Iowa,
there are a few who are lower. Mr. Pearson responded those cities have more
taxicabs, Cedar Rapids has 46 taxicabs, Iowa City has over 20 taxicabs and Des
Moines has over 200 taxicabs. Mr. Pearson stated Waterloo has four taxicabs and
two cab companies and there is not as much risk. Mr. Pearson stated he has
heard the city is looking out for themselves, but if the coverage required is to
cover the city, he feels the city should help compensate it, maybe subsidize a
portion of it. Mr. Pearson asked that everyone sit down and open this up for
discussion. Mr. Pearson stated he knows there is a demand for taxicabs in
Waterloo, but it is just too expensive at this point. Mr. Pearson stated the
energy costs effects them and it is getting worse. They are just looking at
ways they can operate and have a little bit of capital so they can provide
better and more services. Mr. Pearson stated the city can contact Ed Hood at
Hood & Phalen Insurance who can put them in contact with Taylor or United
Casualty.
Craig Hundley, 1214 Wren Road, asked for an explanation on Item 10 regarding the
$190,000.00 to be spent on the TruGreen Lawn Care property and asked will it be
bonded, and if it is bonded at what interest rate will the city be paying for
that property and how soon will this property be put to use.
Don Temeyer, Community Planning and Development Director, responded it is bond
money, he doesn't have the figure right now but could get it. Mr. Temeyer stated
the property will be combined with other properties into the Exposition area
next to the Center and the city is looking for funding to proceed. Mr. Temeyer
stated the city has been buying these properties that are vacant, and this one
is adjacent to the Morris Printing Company and Veterinary Clinic. The property
has been in terrible condition, the wall fell in. Mr. Temeyer stated this
company wants to move out of the area, the property will be vacant and that is
why the city is purchasing it.
Schmitt/Kincaid
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
122301 - Welper/Clark
that the Council adjourn at 6:31 p.m. Ayes: Seven. Motion carried.
FC -A42—•-'4".
Nancy CMC
City Clerk
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