Loading...
HomeMy WebLinkAboutMinutes-10/25/2010October 25, 2010 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, October 25, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Steve Schmitt, Council Member at Large. 135473 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 25, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135474 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 8, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 135475 - Hart/Schmitt 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 AP642, pp. 1-76, dated October 25, 2010, in the amount of $3,762,879.48, 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. 2010-951. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Investigator Dave McFarland; Investigator Mike Rasmussen Wicklander- Zualski Basic and Advanced Interview and Interrogation School Sioux City, Iowa December 5-10, 2010 $300.00 Officer Gann; Officer M. Girsch; Officer Hageman; Officer B. Hoelscher Field Training Officers School Waterloo, Iowa October 25-29, 2010 $1,050.00 Joe Traywick, Plumber Continuing Education for Plumbing, Heating, Cooling Contractors of Iowa Waterloo, Iowa October 9, 2010 $195.00 4. Recommendation of appointment of Kathryn Payne to the General Contractors Board of Licensing, Examiners and Appeals, with term expiration of November 1, 2013. Submitted by Debra Anderson, Building Official/Maintenance Administrator with approval of Mayor Buck Clark. 5. Bonds Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark recognized Kathryn Payne. October 25, 2010 Page 2 PUBLIC HEARINGS 135476 - Schmitt/Welper that proof of publication of notice of public hearing on Ambulance Software - Electronic Care Reporting System, as published in the Waterloo Courier on October 12, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135477 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 135478 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Ambulance Software - Electronic Care Reporting System", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-952. 135479 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Ambulance Software - Electronic Care Reporting System", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-953. 135480 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder Bid Amount ESO Solutions 3005 South Lamar Ave, Austin, TX 78704 Suite D $30,040.00 Ayes: Six. Absent: Greenwood. Motion carried. 135481 - Getty/Schmitt that proof of publication of notice of public hearing on Asbestos Survey and Abatement Monitoring Services for Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, as published in the Waterloo Courier on October 14, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135482 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 135483 - Getty/Schmitt that "Resolution confirming Request for Proposal, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey and Abatement Monitoring Services for Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-954. 135484 - Getty/Schmitt that "Resolution ordering construction in conjunction with Asbestos Survey and Abatement Monitoring Services for Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-955. • • October 25, 2010 Page 3 135485 - Getty/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder 5% Guarantee by certified check or bid bond Total lump sum bid (total cost based on the tabulated amounts from each property bid tab) ATC Associates Inc 223 E. 4th Street, Suite D Waterloo, IA 50703 5% • $17,982.00 August Enterprises, LLC P.O. Box 295 Jefferson, IA 50129-0295 $1,645.00 $32,900.00 Ayes: Six. Absent: Greenwood. Motion carried. 135486 - Welper/Hart that the hearing on Request of Pat's Auto Salvage to vacate, sell and convey approximately 2.48 acres of city right-of-way portions of Lowell Street and alleys near Mitchell Avenue at a cost of $1,975.60 plus any additional costs, not including the Lowell Street portion between Regal and Mitchell Avenues, be reopened. Ayes: Six. Absent: Greenwood. Motion carried. 135487 - Welper/Hart Councilperson Getty, is this going to be properly fenced as salvage yards are supposed to be? He hasn't been in compliance with the City of Waterloo for I don't know how many years. Mayor Clark, I understand and we have some pretty stringent requirements for us to do this. He has signed off on all of our requirements and that is part of the contract. that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135488 - Welper/Hart that "an Ordinance vacating approximately 2.48 acres of city right -of way portion of Lowell Street and alleys near Mitchell Avenue, not including the Lowell Street portion between Regal and Mitchell Avenues", be received, placed on file, considered and passed for the first time. Ayes: Five. Nay: Getty. Absent: Greenwood. Motion carried. 135489 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Nays: Getty. Absent: Greenwood. Motion failed for lack of majority vote. RESOLUTIONS 135490 - Cole/Welper that "Resolution setting new date of hearing and bid opening as November 22, 2010 for the Purchase of a New Fire Truck, and instructing City Clerk to publish said notice -Submitted by W. Douglas Carter, Fire Chief", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-956. 135491 - Cole/Welper that "Resolution approving Phase II Architectural Agreement with Kueny Architects for Construction Documents, Bid Phase and Construction Oversight in conjunction with Public Works Project, and authorize Mayor to execute said agreement -Submitted by Mark Rice, Superintendent of Central Garage", be adopted. Ayes: Five. Nay: Hart. Absent: Greenwood. Councilperson Hart, I'm going round and round with this so I want to take my vote on this. I don't want it to be a reflection on the job that I believe Mark has done and his vision for making that site come alive again at the CMC area. Residents are happy, folks are happy, so I am appreciative of their vision. And I wanted to state that publicly before I make my vote. October 25, 2010 Page 4 Mayor Clark, you understand that we're not bidding whether they are our contractor or not. We've already authorized that. This is just authorizing them to continue the work that we've already hired them to do. Resolution adopted and upon approval by Mayor assigned No. 2010-957. 135492 - Cole/Welper that "Resolution approving First Amendment to Contract with Title Services Corporation of Waterloo, Iowa to extend the term of the contract for an additional period of six (6) months from November 1, 2010 to April 30, 2011, for 'Abstracting Services pertaining to the Hazard Mitigation Grant Program, and authorize Mayor and City Clerk to execute said amendment -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-958. 135493 - Schmitt/Hart that "Resolution approving Amendment No. 2 to Contract Number 08-DRMH-046 with the Iowa Department of Economic Development for the 25 percent match to the HMGP Property Acquisition Project by closing contract number 08-DRMH-046 under the 1st appropriation with $521,021.00 disbursed and opening a new Contract Number 08-DRMH-246 under the 2nd appropriation with a beginning balance of $610,651.00, and authorize Mayor and City Clerk to execute said amendment -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-959. 135494 - Schmitt/Hart that "Resolution approving Bonds and Certificates of Insurance with Benton's Sand & Gravel, Inc. of Cedar Falls, Iowa in conjunction with the Demolition and Site Clearance Services with Regulated Asbestos Containing Materials for the Hazard Mitigation Grant Program Property Acquisition Project in connection with Public Assistance Demolition activities -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-960. 135495 - Schmitt/Hart that "Resolution approving request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal for Preliminary and Final Plat of MidPort America Park Plat No. 3 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-961. 135496 - Schmitt/Hart that "Resolution approving the Preliminary and Final Plats, together with Staff report, Aerial photo, Owner's Statement of Declaration, legal description, Deed of Dedication and Report of the City Engineer in conjunction with MidPort America Park Plat No. 3 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-962. 135497 - Welper/Hart f that "Resolution approving 657A Sale of Property Policy -Submitted by Chris Western, City Planner II", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-963. 135498 - Cole/Hart that "Resolution approving Recommendation of Acceptance of Work and Final Payment for work performed by Peters Construction Corporation of Waterloo, Iowa at a total cost of $94,422.43 for the Riverfront Stadium Grandstand ADA Ramp Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-964. • • October 25, 2010 135499 - Cole/Hart Page 5 that "Resolution approving recommendation of award of contract with Cardinal Construction, Inc. of Waterloo, Iowa in the amount of $55,609.72 in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800 -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-965. 135500 - Cole/Hart that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $55,609.72 with Cardinal Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800, and authorize Mayor and City Clerk to execute said documents -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-966. 135501 - Cole/Hart that "Resolution approving Easement Agreement with JSA Development, LLC in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800, and authorize Mayor and City Clerk to execute said agreement -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-967. 135502 - Getty/Hart that "Resolution approving City/State Agreement in the amount of $231,443.00 for the utilization of RISE funds in conjunction with F.Y. 2011 MidPort Boulevard Extension - Phase II (RM -8155(772)-9D-07), Contract No. 802, and authorize Mayor and City Clerk to execute and enter into said agreement -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-968. 135503 - Getty/Hart that "Resolution approving Amendment No. 1 to a Professional Services Agreement with Craig Ritland Landscape Architects to provide additional services at• an amount not to exceed $8,900.00 in conjunction with F.Y. 2010 Downtown Wayfinding Signage, Contract No. 783, and authorize Mayor and City Clerk to execute amendment to said agreement -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-969. 135504 - Getty/Hart that "Resolution approving City/State Agreement for the Iowa Department of Transportations Railroad Revolving Loan and Grant Program with a city match of $126,000.00 in conjunction with F.Y. 2011 Secor Railroad Spur, Contract No. 794, and authorize Mayor to execute and enter into said agreement -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-970. 135505 - Getty/Hart that "Resolution approving recommendation of award of bid to Windstream Communications for local phone service at a rate of $21.45 per line and Pioneer Telephone for long distance phone service at a rate of 2.7c interstate and 3.9 intrastate, and authorize Mayor and City Clerk to execute a two-year service contract -Submitted by Suzy Schares, City Clerk", be adopted. Jim O'Regan of SBT Inc., we have offices in downtown Waterloo and other places in northeast Iowa. I just wanted to talk about item 20 (award of bid to Windstream Communications for local phone service). I have a couple of questions. I'm not sure what the bidding process was. I think .it is important for everyone in Waterloo to understand that Windstream Communications is the company that purchased Iowa Telecom. Iowa Telecom is the old GT Communications which used to service all of the independent telephone companies in the area: Reinbeck, Grundy Center, Janesville, New Hampton, and little towns like that. They were purchased by Iowa Telecom which is half owned by Iowa Network Services October 25, 2010 Page 6 and half owned by another large company. They then went public on a purchase by Windstream Communications from Arkansas. Windstream Communications did a great job of coming in and saying we are going to enhance services and provide quality jobs. And about two weeks ago they announced they are laying off 220 employees in the state of Iowa and retaining all of the jobs in the state of Arkansas. This is really important because a lot of those employees are from Janesville, from Grundy Center, from Reinbeck. The engineering office in Grinnell is being closed. The entire office which was purchased from the main side corporation was funded by the State of Iowa is being disposed of. They'll keep their old central office down there but they're closing that entire facility. Part of that facility as an example they've got a huge tax credit for donating free space to the United Way and got big tax credit for it. Well I mean I'm sure there are a lot of building owners in a lot of places that would've loved to donate all of their empty space at a 100 percent tax credit. I think it's important for people to understand this. I'm not bashing the employee's, they have quality employees in Iowa. I'd like to see those employees retained in Iowa. That company has made a point of saying we are not going to retain Iowa employee's we are going to keep our Arkansas employees. And whether you are aware of it or not our other major telecommunications company in Iowa in Waterloo is Qwest. Qwest, for those of you who are familiar, has a credit union called Iowa Community Credit Union who is affiliated with them along with KWWL is communications credit union in the area. Their deal will be finalized probably in March. And you're going to see the same situation where what we are going to have is we are going to have those jobs disappearing and are going to be found out of state. And the contracts that are coming in are for two-year contracts for services. And part of their, and I've been in these meetings and I've participated in these meetings so the target markets are municipalities and government agencies. I mean you walk in and you offer a sweetheart deal to the county, the city, to the rec agency and you get a two-year deal. And I suspect that you'll see Windstream Communications do a roll up and try selling that entire operation in Ames in a few months. I don't know that but I suspect that's what your going to see. I would like to have you take that into consideration. Potentially look for whether you or I don't think you necessarily have to give a preference or local people. That would be, I think in all of our interests, ask if there is any local telecommunications companies in the area. I know of several in the area, several Iowa based phone companies that could provide these services. And probably at the same price or less. So it's not something that people, Iowa Communications industry. It's kind of like saying you're a coal miner. People don't know there is a lot of complexities to it. So if you have the information you can let people know about it but I think it's important for people to know it and understand. So I'd like to have you consider that and maybe set this aside for a week or two so we can see that. Or I'd really like you to continue it. The jobs are really good. These are good jobs. These were $75,000.00 to $85,000.00 per year jobs and they're 'gone and they are not coming back. Part of what we are trying to do is build a communication infrastructure here, Waterloo in particular so we can locate companies like that here. I'd like to see those companies, my company or somebody else's company welcome here in Waterloo to provide those services. I think it's a very small effort on your part to do that. You could even set up a small office here to provide those services. Mayor Clark, Suzy could you explain about the bidding process for ,this particular item? Suzy Schares, City Clerk, yes. We published it once council approved to set the date of hearing. We then published notice of bid in the Waterloo Courier. We also mailed out notice of bid to the telecommunication companies that we were aware of that we could find through the phone book, that sort of thing. I'm sure we didn't hit every single company personally but we did publish it in the newspaper as well. And then we collected bids. There were three bids that were received. Two of the three areas actually partner with Qwest as their company to actually provide the phone lines. There was also Iowa Telecom and Windstream Communications. Windstream Communications was the low bid. Mayor Clark, well its interesting information that was brought forward. Councilperson Getty, are we in a hurry to get this done? Ms. Schares, the only hurry we have is there is a significant amount of savings compared to what we are currently paying. We also have some phone issues that we are having a hard time dealing with our current company. So the sooner we can make the change the better. Mayor Clark, there is no contract or deadline that we are working on or whatever? Ms. Schares, no there is not. Councilperson Cole, Mr. O'Regan is your company a competitor to these others? • • • • October 25, 2010 Page 7 Mr. O'Regan, everyone in the communications varies and could be competitive. No, we don't offer. Well it's hard to tell. Based on this its $21.45 per line you can price that. We don't sell lines we sell numbers. We sell numbers you can sell those for the tenth of the cost of that. Councilperson Cole, you sell local phone service and long distance phone service? Mr. Oregan, we represent companies that can. We probably wouldn't bid directly I just wanted to make that information known. 135506 - Getty/Jones to table item 20 for two weeks. Ayes: Six. Absent: Greenwood. Motion carried. 135507 - Getty/Hart that "Resolution approving recommendation of award of bid to U.S. Cellular for cellular phone service at a rate of $29.32 per line, and authorize Mayor and City Clerk to execute a two-year service contract -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-971. OTHER COUNCIL BUSINESS 135508 - Cole/Hart that Change Order No. 2 for a net decrease of $8,254.30 for work performed by Aduddell Restoration and Waterproofing, Inc./Granite-RE in conjunction with East Park Avenue Parking Ramp Repairs, and authorize Mayor to execute said document - Submitted by Debra Anderson, Building Official/Maintenance Administrator, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135509 - Cole/Hart that Change Order No. 4 for a net decrease of $16,438.22 for work performed by Aduddell Restoration and Waterproofing, Inc./Granite-RE in conjunction with East Park Avenue Parking Ramp Repairs, and authorize Mayor to execute said document - Submitted by Debra Anderson, Building Official/Maintenance Administrator, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135510 - Cole/Hart that Change Order No. 8 for a net increase of $31,213.44 for work performed by Peterson Construction, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742, and authorize Mayor and City Clerk to execute said document -Submitted by Dennis Gentz, P.E., Assistant City Engineer, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135511 - Cole/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Construction, Inc. of Reinbeck, Iowa at a total cost of $1,008,271.02 in conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742, and receive and file two-year Maintenance Bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-972. ORAL PRESENTATIONS 135512 - Richard Pint, 466 Devonshire Drive, I'm just here to talk about the city school board going to get rid of all of these schools and what to do with them. I just know in the Devonshire area there is a water problem already. They put in a lot of those condos there, which made it worse. Whenever you put in those buildings and stuff and concrete it makes for a water problem. And there is a water problem there people are getting water in their basements and things like that. I saw a senior center go in over there. I don't think that the city will go along with that and if that's a big deal or not. But they put in a small holding pond there when the condos were built. It's a little bit of a joke. Its not big enough. That goes over every now and then. I'm just wondering, here's another possibility for the city here for whoever the people are to put in a big holding pond like Bontrager Park. And make that look like a pretty October 25, 2010 Page 8 o. site. I know as you were alrtady told there's not going to be anymore city parks but I think something like Bontrager Park would be nice there. There is a water problem there and there's going to be some problems if they do anymore building. Mayor Clark, thank you and I've also received a phone call from a lady that lives in your area with that same suggestion. And it's something that I've spoken to our planning director about. So its something that's on the table at least at this point. We don't know what's going to happen to that land as yet, but that's something that's being discussed. Mr. Pint, would tht school board be more in charge of that or the city? Mayor Clark, at this point the land still belongs to the school board. Councilperson Cole, I've been waiting to do this for about seven weeks but I think its time that we recognize Chris Western who was chosen as one of the Courier's 20 under 40. He works in our Planning & Zoning Department. Its very nice to see public sector employees. Mayor Clark, another thing that I'd like to mention is there is a wind advisor out for tomorrow. We are suppose to have some bad winds so anybody that is watching or that's here tonight that has garbage pick up tomorrow, you are not going to have it. It's going to be on Saturday rather than tomorrow. So if you have garbage pick up tomorrow its going to be this coming Saturday due to the predicted high winds for tomorrow. Getty/Hart that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 135513 - Getty/Hart that the Council adjourn at 6:09 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Suzy Schares City Clerk