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HomeMy WebLinkAbout2001-04-23-Regular MinutesWAUKEE CITY COUNCIL MINUTES APRIL 23,2001 Call to Order Mayor Bailey called the April 23,2001 meeting of the Waukee City Council to order at 7:04PM. Roll Call Mayor Bailey and Councilmen Nicholas Gruber,Marvin Berger,Mike Watts and Bill Peard were present.Councilman Wayne Johnson was absent.Also present were City Attorney Paul Huscher,City Administrator Mark Arentsen,Director of Community Development Jody Gunderson and Public Works Director John Gibson. Agenda Addition/Agenda Approval A motion was made by Peard,seconded by Watts to move item five,Awarding Bid for Tanker Fire Truck,after item eight.Mayor Bailey called for a vote on the motion.All Ayes.Motion passed unanimously. Approval of April 9 City Council Minutes Mayor Bailey asked at what time was there a quorum present for this meeting.Arentsen stated 7:25PM.Bailey stated that the minutes should indicate that the meeting was called to order at 7:25PM.A motion was then offered by Gruber seconded by Watts to approve the minutes as corrected.Mayor Bailey called for a roll call vote.Ayes:Gruber,Watts,Peard,Berger.Nays;None. Motion approved. Approving City Participation in League of Cities Cable TV Consortium The City's existing cable television franchise was approved in 1980 or 81 and is a 30 year agreement.Mayor Bailey suggested that the City should join the League consortium to be sure that the City's interests are protected in the process of transferring the franchise from AT&T Broadband to Mediacom Communications Corporation.Councilman Berger expressed a concern about the City collecting the correct amount of fees from AT&T prior to the franchise transfer to Mediacom.A motion was made by Gruber seconded by Watts to approve the City's participation in the League of Cities Cable TV Consortium. Mayor Bailey called for a roll call vote.Ayes;Gruber,Watts,Berger,Peard.Nays; None.Motion approved. RESOLUTION 01-64 APPROVING CITY PARTICIPATION IN IOWA LEAGUE OF CITIES CABLE TV CONSORTIUM WHEREAS,the City of Waukee has been requested to approve transfer of its cable television franchise from AT&T Broadband to Mediacom Communications Corporation, AND, WHEREAS,a number of other Cities is Iowa have also been requested to approve a similar transfer in their communities,AND, 1 WHEREAS,the Iowa League of Cities has indicated an interest in establishing a consortium of communities which face this issue,AND, WHEREAS,it is in the City of Waukee's interest to participate in this consortium thereby maximizing the City's ability to negotiate a fair franchise with Mediacom, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 23rd day of April,2001 that it hereby approves City of Waukee participation in the Iowa League of Cities cable TV consortium being established to negotiate on behalf of its members the transfer of cable television franchises from AT&T Broadband to Mediacom Communications Corporation at a cost not to exceed $.06 per capita. Donald L.Bailey,Jr.,Mayor Attest: ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYE NAY ABSENT X X X X jMarkJ.Arentsen,City Administrator/Clerk X Authorizing Participation in Central Iowa Drinking Water Council (CIDWC)L.D. McMullen of the Des Moines Waterworks,addressed the Council on this matter. Seventeen communities have agreed to join together to form this organization.He anticipates that a total of 24 communities will agree to join.Each community will have one vote.Voting will not be weighted by population.Public Works Director John Gibson stated that he favors joining the CIDWC.McMullen stated that the CIDWC intends to accomplish two things.One of these is to increase the level of cooperation that exists among local water systems today.That is starting to occur.An example is the westside storage facility.The second thing is to engage in economies of scale for things such as utility billing or watennain replacement.Des Moines Waterworks and Waukee are already doing this with utility billing.A motion was then offered by Peard,seconded by Gruber,to approve City participation in the CIDWC.Mayor Bailey called for a roll call vote.Ayes;Peard,Gruber,Berger,Watts.Nays;None.Motion approved.I 2 RESOLUTION NO 01-63 CENTRAL IOWA REGIONAL DRINKING WATER COMMISSION MASTER AGREEMENT THIS AGREEMENT,is made and entered into by and among the counties,cities, municipal utilities and water districts listed in Exhibit A attached hereto and such other counties,cities,municipal utilities and water districts,which shall elect to accept this Agreement and shall execute from time to time,a document so stating (the "Patties"). WHEREAS,the Parties are duly organized public agencies in the State of Iowa,which Parties wish to jointly exercise certain powers,privileges or authorities under the provisions of Chapter 28E of the Code of Iowa,and WHEREAS,the Patties hereto believe that creation of a region-wide commission to perform certain water facilities planning activities in coordination with other regional planning entities is beneficial to the customers they serve,and WHEREAS,the patties hereto believe that creation of the same region-wide agency to .perform certain services on behalf of the Parties could be beneficial to the customers they serve, NOW,THEREFORE,BE IT REMEMBERED that for the mutual promises, covenants,and considerations herein contained the Parties have entered into the following agreement under the provisions of Chapter 28E of the Code of Iowa to provide for the joint exercise of powers,to wit. A.General Provisions 1.The foregoing recitals are a part of this agreement and shall be so construed. 2.The purposes of this agreement are to:(1)enable the Patties to jointly plan and coordinate implementation for water supply,treatment, distribution and storage facilities for the benefit of the Parties and their respective customers,to (2)enable the Parties to jointly provide services in a cost-effective manner to each other and to (3)enable the Patties to undertake joint or coordinated procurement of goods and services. 3.Nothing in this agreement shall be construed so as to limit or supersede the powers and authority of any of the Parties. 4.Nothing in this agreement shall be construed so as to limit,supersede or in any other manner affect any type of agreement between any of the Parties,or between one or more of the Parties and any other entity. 3 1.There is hereby created the "Central Iowa Regional Drinking Water Commission"(the "Commission"),which shall provide planning activities for water supply,treatment,distribution and storage facilities when the location,extent and type of such facilities shall,in general, impact two or more of the Parties. B.Central Iowa Regional Drinking Water Commission 2.The Commission shall establish procedures and facilities,including standardized specifications,terms and conditions whereby members may jointly exercise their respective powers in the following respects and particulars. (a)By contracting among themselves on an efficient,consistent and standardized basis for the provision of goods and services among them;and (b)By joint or coordinated procurement of goods and services. 3.The commission may provide such other services to one or more of the Parties as the Parties from time to time may request or accept,upon offer by the Commission,without limitation. C.Governance of the Commission 1.The Commission shall be governed by a Board of Directors (the "Board"),consisting of one representative of each of the Parties.The Parties may choose their representative in any manner not prohibited by laws of the State of Iowa.Each member of the Board shall be a duly elected or appointed official of a party,or may be any interested citizen,residing within the service area of a party,whom a party may choose to be its representative. 2.Except for the initial terms,terms of the members of the Board shall be four years in length,staggered so that no more than one-fourth of the members'terms shall expire at anyone time.Terms shall begin upon the members'appointment by the governing body of a party and shall end on June 30 of a year.The shortest initial term shall expire on June 30,2002,and the other initial member terms shall expire in the following years on June 30.The initial members shall determine their individual term lengths by lottery among themselves. 3.The respective party shall fill uncompleted terms in the same manner as full terms, 4 4.Actions of the Board shall be determined by a simple majority of the members present at a meeting and a quorum of the Board shall be a simple majority of the full membership of the Board. 5.The Board shall establish specific rules under which it and the Commission will operate,which rules shall be in consonance with this agreement and laws of the State of Iowa. 6.Each party shall be entitled to appoint one ex-officio,non-voting member to the Board.This ex-officio,non-voting member of the Board shall be a full-time employee of the appointing party. D.Methods for Completing Tasks of the Commission 1.The Commission may employ such resources as it shall deem necessary to complete the facilities planning tasks enumerated herein and such tasks as the Parties may,from time to time,request or the Commission may elect to offer to the Parties, 2.The Commission may procure staff-type resources through agreement with one or more of the Parties,through agreement with other area governmental entities,through usual employment practices resulting in individuals becoming full or part-time employees,hiring one or more films or individuals on a consulting basis or by other means as shall be determined by the Board.Combinations of any of these methods may also be utilized. 3.The Commission may procure office space,equipment and supplies in any manner authorized by the Code of Iowa,except eminent domain. E.Financing 1.The Board shall cause to be prepared an annual budget which shall be approved by the Board.Such budgets shall be for periods beginning on July 1 of a year and shall be adopted by the Board prior to April I of the year preceding the year covered by the budget.The first such budget shall be for the year beginning July 1,2002. 2.The costs of facility planning activities shall be apportioned among the Patties on the basis of the ratio each party's retail customer accounts to the total retail customer accounts of all the Parties,using the most recent data available. 3.The costs of the various services shall be determined on a "per piece", "per account"or "per transaction"basis,including all applicable costs of the Commission,and shall be computed so as fully cover the cost of 5 providing the service plus an overhead allowance as determined by the Board.The cost of each service shall be uniform to each of the Parties.The Board shall determine cost-sharing methods to recover the costs of research and development-type activities. 4.The Parties intend that the Commission be self-supporting,not relying upon any source of revenue,other than those listed above,interest received from its investments and revenue bonds issued in accordance with the provisions of Chapter 28E or 28F of the Code of Iowa. 5.Funds of the Commission shall be invested at interest at all times and shall be secured as provided for by the Code of Iowa 6.Parties joining the Commission on or before March 21,2001,shall not be charged an entrance fee.The Board shall determine one-time entrance fees to be charged to Parties joining the Commission after March 31,2001.Such fees may be changed from time to time,at the discretion of the Board. F.Term of this agreement 1.Any patty may terminate its participation in this agreement by vote of its governing body.Such decision shall be communicated to the Board in writing on or before January 1 of a year for a termination to become effective as of the following July 1.Termination shall not be effective at any other time.No monetary refund of any kind shall be given. 2.This agreement shall be binding upon the successors and assigns of the Parties. 3.This agreement shall terminate on July 1,2101,or earlier,if the total number of Parties hereto drops to two as of an earlier July 1. G.Amendments 1.Amendments to this agreement shall become effective upon approval of a majority of the Parties at the time of the amendments. H.Acceptances 1.Acceptances shall be substantially in the form of Exhibit B attached hereto.This document,together with the acceptances by the Parties, shall be construed as one agreement as though each of the Parties had signed the same document.Each patty shall receive one fully signed copy of this agreement and its acceptance. 6 1.Ownership of Assets 1.Except for assets procured by the Commission through the normal course of business,all assets of the Parties shall remain with the Parties. J.Recordation 1.When this agreement has been approved by the Parties,the agreement shall be filed with the Iowa Secretary of State and with the county recorders (or auditors)of each of the counties in which the Parties transact business. 2.When this agreement is accepted from time to time by another governmental entity,documentation of such acceptance shall be filed with the Iowa Secretary of State and with the county recorders (or auditors)of each of the counties in which the joining governmental entity transacts business .. K.Disposition of Assets upon Termination of this Agreement I.Upon termination of this agreement,all assets of the Commission shall be sold at public auction to the highest bidders and the proceeds of such sale shall be returned to each of the Parties existing as the date of the auction. 2.Payments to the Parties from the proceeds of such auction shall be allocated on the basis of the total amount of funds paid to the Commission during the five full fiscal years immediately preceding such auction. IN WITNESS WHEREOF,the Parties hereto affix our hands and seals on the dates shown in the Exhibits B attached hereto. Donald L.Bailey,Jr.,Mayor Attest: 7 Mark J.Arentsen,City Administrator/Clerk ROLLCALL A YES NAYS ABSENT Nicholas Gruber Marvin Berger Mike Watts Bill Peard Wayne Johnson x X X X EXHIBIT "A" Central Iowa Regional Drinking Water Connnission Members Board of Directors for the Southeast Polk Rural Water District Board of Directors for the Warren Water District Board of Directors for the Xenia rural Water District Board of Supervisors for Polk County,Iowa Board of Water Works Trustees of the City of Des Moines,Iowa Board of Water Works Trustees of the City of Indianola,Iowa Board of Water Works trustees of the City of Urbandale,Iowa Board of Water Works Trustees of the City of West Des Moines,Iowa City of Altoona,Iowa City of Ankeny,Iowa City of Bondurant,Iowa City of Carlisle,Iowa City of Clive,Iowa City of Cumming,Iowa City of Johnston,Iowa City of Mitchellville,Iowa City of New Virginia,Iowa City of Norwalk,Iowa City of Panora,Iowa City of Pleasant Hill,Iowa City of Polk City,Iowa City of St.Charles,Iowa City of Waukee,Iowa City of Windsor Heights,Iowa I 8 Motion Appointing Representative to Central Iowa Regional Drinking Water Commission Board McMullen stated that the City needs to make two appointments. One to the Commission Board and one to the Technical Committee.The Board member should not be a staff person.Councilman Peard volunteered for the Commission Board. A motion was offered by Watts,seconded by Berger to appoint Councilman Peard to the CIDWC Board and John Gibson to the CIDWC Technical Committee.Mayor Bailey called for a roll call vote.Ayes;Watts,Berger,Gruber,Peard.Nays;None.Motion approved. Resolution Awarding Bid for Tanker Fire Truck City Attorney Paul Huscher stated that he has several questions about the bidding process.There is a question as to who is the low bid.The answer to that question is related to the trade in of the existing truck. One company did not provide a bid for taking the existing truck.Two other companies bid $5,000 for the old truck.Midwest Fire &Equipment has the low bid for the new truck alone.Another question about this bid has to do with the materials used in construction of the truck and do they meet the specifications set by the City.Assistant Chief Clint Robinson reviewed the specifications set by the City and stated that an aluminum body is required in the spec.He stated that the Fire Department would be satisfied with either an aluminum or steel.It is appears that aluminum is a more expensive material.The City has both steel and aluminum body trucks.The spec used for this truck is the same as was used for the most recent truck purchased by the City. Huscher also stated that he remembers that at a previous Council meeting,Fire Chief Mark Schmitt had stated that the company for which he works,Toyne,Inc.,would not be submitting a bid for this truck.Huscher was concerned that people speaking to Schmitt would consider him to be a representative of the City and not the representative of a competing vendor.He was also concerned that the spec could be preferential and exclude some vendors from bidding.The Council has the option of rejecting all the bids and rebiddiug the truck. Robinson stated that the Fire Department would be willing to accept either the truck from Midwest or Toyne.He stated that the Department should not have specified an aluminum body.Huscher stated that bidding for this truck is not required but is desirable.Councilman Watts stated that the trucks are not the same in that the Midwest truck is an FL80 whereras the Toyne truck is an FL 70.The FL80 is a heavier duty truck. The trucks submitted by two other bidders were also FL70.Councilman Peard stated asked why,if bids are not required,is the City obligated to take the lowest bid.Huscher stated that since the City chose to bid the truck,it should accept the low bid.Watts stated that the City would be $3,000 ahead by accepting the Midwest bid since the price difference between Toyne and Midwest is only $1,800 and the value of the old truck is now established at $5,000. 9 Councilman Peard stated that he thinks that Fire Chief Schmitt is a reputable person. Schmitt then recounted the process that had occurred regarding replacement of the old truck.Schmitt stated that he had contacted Midwest who then brought a truck to Waukee for the Fire Department to look at.The Department felt the huck was too tall and did not favor purchasing that truck.At that point the Council determined that if the City is going to purchase a new truck,it should use a bid process.Schmitt stated that he did not prepare the bid for the Waukee truck.Huscher stated that Iowa Code section 362.5 states that a representative of a private company who is also a City official is allowed to submit bids for City purchases.There is no conflict of interest in Schmitt being a representative for Toyne and then having Toyne submit a bid for the truck,Schmitt stated that the truck bid by Toyne was sold in a sense to another Toyne dealer who relinquished his light to that truck so that Toyne could then use it for this bid.Schmitt stated that most truck manufacturers build with three different types of metal.Waukee has all three in different trucks.Waukee's spec did not specify any particular thickness for the aluminum and thus was not prejudicial.Schmitt stated that he preferred that Toyne had not bid on this truck but he does not control the company.Gruber stated that aluminum allows more equipment to be put on the truck since aluminum weighs less than steel. Huscher stated that an argument can be made for Midwest to be the low bid since it submitted the lowest price for the new truck,On the other hand,Midwest did not submit a bid which complies with the specifications.Schmitt stated that Midwest did send a fax to the City today which states they will pay the City $5,000 for the old truck.Huscher stated that the City cannot consider this submittal by Midwest since it arrived after the bid date.Since there are two other bids which establish the value of the old truck at $5,000,the Council can use that value in making a determination that Midwest is the low bidder.The specification issue,however,still needs to be considered. Watts made a motion that the City award the bid to Midwest since their delivery time was sooner than the other bidders.Gruber said he is still concerned about the specifications issue.Midwest bid a steel body whereas the other bidders submitted bids in compliance with the requirement for aluminum.Councilman Peard spoke in favor of rebidding the truck. Ron Olson stated that the existing tanker huck should be repaired because the tanker will not be needed due to Boone Township being annexed by either Waukee or West Des Moines.Gruber stated that the tanker truck is still needed due to even newly annexed areas not having fire protection water service. Mayor Bailey asked if there was a second to Watts motion.None was offered.Mayor Bailey declared the motion dead due to lack of a second.Councilman Gruber stated he was concerned about the City awarding the bid to a company which did not submit a bid in compliance with the specifications.Counciman Peard again stated his preference to rebid the truck.Councilman Berger stated that this was not necessary since three of the four bids were in compliance with the spec.Councilman Watts also spoke in favor of rebidding the truck since he felt that the City should accept either an aluminum or steel 10 body.Schmitt stated that aluminum is becoming a standard for new fire trucks.It does not corrode,is easier to work with and is lighter weight. Councilman Berger made a motion to award the bid to Toyne because they were the low bid that met the spec.Mayor Bailey asked why Midwest did not bid an aluminum body. Assistant Chief Robinson stated that Midwest does not build aluminum bodies.Robinson stated that Midwest could have taken an exception to the spec and indicated that he was bidding a steel body,not aluminum.Unfortunately,Midwest did not indicate an exception in the bid it submitted.Huscher stated that a number of his questions had been answered.The spec is not preferential since three of the four bidders bid an aluminum body.Midwest could have stated an exception to the spec in its bid and did not. Councilman Peard stated that all of Schmitt's dealings with Midwest occurred prior to the time the City decided to bid the truck,Gruber asked how many bidders had received a copy of the spec.Robinson stated that he had submitted to five bidders.Mayor Bailey asked if the aluminum issue had contributed to a low number of bids on previous truck bids.Schmitt stated that he did not think so. At this point Gruber seconded Berger's motion.Peard stated that he was satisfied with the discussion and did not feel there were any improprieties in the bid process.Mayor Bailey called for a roll call vote.Ayes;Berger,Gruber,Peard.Nays;Watts.Motion carried. RESOLUTION 01-65 AWARDING BID FOR CONSTRUCTION OF A TANKER FIRE TRUCK WHEREAS,the Waukee City Council has authorized City staff to receive bids for the construction of a new tanker fire huck,AND, WHEREAS,bids were received at the Waukee City Hall,230 Highway 6 until 1:00PM on Friday,April 20,2001,at which time bids from American LaFrance of Iowa,Midwest Fire Equipment and Repair,Danko Emergency Equipment and Toyne,Incorporated were opened by City Administrator Mark Arentsen,AND, WHEREAS,City Administrator Arentsen and Assistant Fire Chief Clint Robinson have examined the bids and recommend awarding the bid for the new truck to Toyne,Inc.in the amount of $102,820,AND, WHEREAS,the Toyne bid also includes a $5,000 credit for trade in of an existing tanker truck resulting in a net cost to the City of $97,820, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 21st day of May,2001 that it hereby awards the bid for construction of a new tanker fire truck to Toyne,Inc.in the amount of $97,280 and furthermore approves the contract for said huck as submitted by Toyne,Inc.with the provision that the City Attorney include a 11 ayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYE NAY ABSENT X X X X X A motion was then offered by Peard seconded by Berger to adjourn.Mayor Bailey called for a vote.All ayes.Mayor Bailey declared the meeting adjoumed. Attest: ark J.Arentse,ity Administrator/Clerk 12