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HomeMy WebLinkAbout1992-08-11-Special Minutes-151- The August 11,1992 WaukeeCity Council special meeting was called to order at 7:37 P.M. by MayorFloyd Rosenkranzwith Bob Ba=ett taking minutes. Roll call was taken and the following Councilmenwere present:DonBailey,Jr,Ray Clark, Frank Duroy and Curtis Scott.Nick Gruber was absent. Staff and guests present were:Dennis Hanes,Joy Riggs,Brad Curtis,RonMa=,Phil Broderick,Jim DeWitt,Jr,Bob Underberg,Harvey Burger,GenevaBurger,Steve Pierce, Paul E.Huscher,Brian Redshaw,Dorotha Clark,Phyllis Hinkson,Bob Veenstra,Jr. Approval of August 3rd Minutes.Motion by CouncilmanClark and seconded by Councilman Duroy to approve the minutes of August 3,1992.Motion carr-Ied 4 to O. Open Fon:m.None. Special Assessrrent Hearing.The Mayorannouncedthat this was the time and place set for hearing upon the proposed Resolution of Necessity covering the HickmanRoad Trunk Sewer Project.Written objections were received from Greg Hulse on behalf of Dorotha Clark and Cheryl Richardson on behalf of Phil Broderick.Phil Broderick spoke to the Council about his concerns and objections of the project sizing and costs and the method of assessing. Dorotha Clark also expressed her concerns and objections.There being no further objections, the Mayorannounced the hearing closed. Approval of Plans &Specs of HickmanRoad Trunk sewer Project.After considering all objections to the proposed HickmanRoad Trunk Sewer Project,it was movedby Councilman Clark and seconded by CouncilmanBailey that Resolution No.217 amendingthe proposed Resolution of Necessity be adopted. Whereupon,the Mayorput the question upon the motion and the roll being called, the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy and Scott.Nayes: Nonerecorded.Absent:Gruber.Motion ca=ied 4 to O.Whereupon,the Mayordeclared the said amendingresolution adopted as follows: RESOLUTIONNO.217 AmendingResolution of Necessity for the HickmanRoad Trunk Sewer Project Whereas,this Council after full investigation deems it advisable to amendthe proposed Resolution of Necessity for the HickmanRoad Trunk Sewer Project; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa, as follows: Section l. this Council for as follows: No Changeswere made in the Proposed Resolution of Necessity. Section 2.The plat and schedule of assessments are hereby amendedto conform to Section 1 hereof,and the Project Engineers are instructed to make the proposed changes therein. The Resolution of Necessity provisionally adopted on July 20,1992,by the improvementproject referred to in the preamble hereof,be amended Section 3.Except as hereinabove determined,all objections are found to be without merit and are denied. Passed and approved on this 11th day of August,1992. Floyd W.Rosenkranz Mayor Attest: Brian J.Redshaw City Clerk It was movedby CouncilmanClark and seconded by CouncilmanBailey that the Resolution of Necessity for the HickmanRoad Trunk Sewer Project,as amended,be finally adopted. After due consideration thereof by the Council,the Mayorput the question upon the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey, Clark,Duroy and Scott.Nayes:Nonerecorded.Absent:Gruber.Motion carr-ied 4 to O. Whereupon,the Mayordeclared the said motion duly ca=ied and the said resolution was finally adopted. Such Resolution of Necessity,identified as Resolution No.214,adopted on July 20,1992, and as amendedby Resolution No.217,adopted on the 11th day of August,1992,is finally adopted this 11th day of August,1992. It was movedby CouncilmanBailey and seconded by CouncilmanClark that the City Clerk be directed to file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule of Assessments with the County Treasurer of Dallas County,and that the resolution next hereinafter set out,ordering the preparation of the detailed plans and specifications and the preparation of the notice of hearing and notice to bidders and form of contract covering the HickmanRoad Trunk Sewer Project,be adopted.Whereupon,the -152- Mayorput the question upon the motion,and the roll being called,the following named Councilmenvoted:Ayes:Bailey,Clark,Duray and Scott.Nayes:Nonerecorded.Absent: Gruber.Motion carried 4 to O.Whereupon,the Mayordeclared the said motion duly carried and the said resolution adopted,as follows: Resolution No.218 Ordering Preparation of Detailed Plans,Specifications,Notice of Hearing,Notice to Bidders and Formof Contract WHEREAS,this Council has adopted a final Resolution of Necessity in connection with the HickmanRoadTrunk Sewer Project;and WHEREAS,detailed plans and specifications,notice of hearing and notice to bidders and form of contract should nowbe prepared and filed with the City Clerk; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.The Project Engineers be and are hereby instructed to prepare and file with the City Clerk detailed plans and specifications covering the aforementioned improvementproject. - Section 2.The Proj ect Engineers and the City's Attorney be and they are hereby instructed to prepare and file with the City Clerk notice of hearing and notice to bidders and form of contract covering the aforementioned improvementproject. Section 3.All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved on this 11th day of August,1992. Floyd W.Rosenkranz Mayor Attest: Brian J.Redshaw City Clerk The City Clerk announcedthat detailed plans and specifications,notice of hearing and notice to bidders and form of contract pertaining to the HickmanRoadTrunk Sewer Project had been filed. CouncilmanBailey movedand CouncilmanClark seconded the adoption of Resolution No.219 approving detailed plans and specifications,notice of hearing and notice to bidders.The Mayorput the question on the motion and the roll being called,the following named Councilmenvoted:Ayes:Bailey,Clark,Duroy and Scott.Nayes:none recorded.Absent: Gruber.Motion carried 4 to O.Whereupon,the Mayordeclared the resolution adopted,as follows: - Resolution No.219 1 ApprovingDetailed Plans and Specifications,Notice of Hearing,Notice to Bidders and Formof Contract WHEREAS,this Council has adopted final Resolution of Necessity in connection with the HickmanRoadTrunk Sewer Project;and WHEREAS,detailed plans and specifications,notice of hearing and notice to bidders and form of contract have been prepared and filed by the Project Engineers for such project and have been examinedby this Council; NOW,THEREFCRE,Be It Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.The detailed plans and specifications,notice of hearing and notice to bidders and form of contract referred to in the preamble hereof be and the same are hereby approved. Section 2.The amountof the bid security to accompanyeach bid hereby fixed at 10%of the bid. Section 3.The City Council will meet at the City Hall,",vaukee,Iowa,on the 24th day of August,1992,at 7:30 o'clock p.m.,at which time and place it will receive and consider all bids filed pursuant to the said plans and specifications and notice of hearing and notice to bidders,and at which time and place it will hold a public hearing on the proposed plans,specifications,form of contract and estimated cost of the project. Section 4.The City Clerk shall publish notice of hearing and notice to bidders, the same being in the form hereinabove approved and substantially as attached to this resolution,which publication shall be made in a legal newspaper of general circulation in the City,which publication shall be not less than 4 days nor more than 20 days before the date set for hearing and receiving such bids. Section 5.All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed,to the extent of such conflict. - -153- Passed and approved this 11th day of August,1992. Floyd W.Rosenkranz Mayor Attest: Brian J.Redshaw City Clerk NOTICE OF HEARING AND LETTING NOTICE OF PUBLIC HEARIN3 ON PLANS AND SPECIFICATIONS,PROPOSED FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE HICKMAN ROAD TRUNK SEWER FOR THE CITY OF WAUKEE, ICWA,AND THE TAKIN3 OF BIDS THEREFOR Notice is hereby given that the City Council of the City of Waukee,Iowa,will meet in the Council Chambers at the City Hall,410 Sixth Street,Waukee,Iowa on the 24th day of August,1992 at 7:30 o'clock P.M.at which time a hearing will be held and said Council proposes to adopt plans,specifications,form of contract and estimate of cost and to receive,open and consider bids for the construction of the Hickman Road Trunk Sewer and work incidential thereto for said City and shall,at such time and place or at such later time and place as may then be fixed,act upon proposals received and enter into contract for the construction of said work. The work to be done is as follows: HICKMAN ROAD TRUNK SEWER Construct approximately 3,191 linear feet of sanitary sewer in open cut,IS-inch in diameter,manholes,excavation and backfill,pipe bedding,street and driveway removal and replacement and surface restoration. All work and materials are to be in accordance with the proposed plans,specifications, form of contract and estimate of cost now on file in the office of the City Clerk of Waukee,Iowa,and by this reference made a part hereof as though fully set out and incorporated herein. At said hearing,the City Council will consider the plans and specifications and proposed form of contract for the project,the same now being on file in the office of the City Clerk,reference to which is made for a more detailed and complete description of the proposed improvements,and at said time and place the said Council will also receive and consider any objections to said plans,specifications,estimate of cost and form of contract made by any interested party. All proposals in connection therewith shall be submitted to the City Clerk of said City on or before the time herein set for said hearing.All proposals shall be made on official bidding blanks furnished by the City,and any alterations in the official form of proposal will entitle the Council,at its option,to reject the proposal involved from consideration. Each proposal shall be sealed and plainly identified. NOTICE OF HEARING AND LETTING Each proposal shall be made out on a blank form furnished by the municipality and must be accompanied in a sealed envelope by either (1)a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States,in an amount equal to ten percent (10%)of the bid,or (2)a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa,in the penal sum of ten percent (10%)of the bid. The bid security should be made payable to THE CITY OF WAUKEE,ICWA.The bid security must not contain any conditions either in the body or as an endorsement thereon.The bid security shall be forfeited to the City as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within ten (10)days after the award of contract and post bond satisfactory to the City insuring the faithful fulfillment of the contract and the maintenance of said work,if required,pursuant to the provisions of this notice and other contract documents.Bidders shall use the bid bond form found in the specifications. By virtue of statutory authority,preference will be given to products and provisions grown and coal produced within the State of Iowa,and to Iowa domestic labor,to the extent lawfully required under Iowa Statutes.The Iowa Reciprocal Act (SF 2160)applies to the contract with respect to bidders who are not Iowa residents.\"'----,'"'The Council reserves the right to reject any or all bids and to waive informalities or technicalities in any bid. The Council reserves the right to defer acceptance of any proposal for a period not to exceed thirty (30)calendar days from the date of hearing and letting. The successful bidder will be required to furnish a bond in an amount equal to one hundred -154- percent (100%)of the contract price,said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the tenns and conditions therein contained and shall guarantee the prompt payment for all materials and labor and protect and save hannless the City from claims and damagesof any kind caused by the operations of the Contractor,and shall guarantee the work against faulty workmanshipand materials for a period of two (2)years after its completion and acceptance by the City Council. The work will commencewithin ten (10)days after written Notice to Proceed and shall be canpleted within one hundred (100)calendar days. Liquidated damagesin the amountof TwoHundredDollars ($200.00)per calendar day will be assessed for each day the work shall remain uncanpleted after the end of the contract period,with due allowance for extensions of the contract period due to conditions beyond the control of the Contractor. Paymentto the Contractor for said construction will be made from one or any canbination of the following resources:(1)cash on hand as maybe legally used for such purposes, (2)cash derived from the proceeds of the sale and issuance of General Obligation Bonds, SewerRevenueBondsof the City,(3)future Net Revenuesof the Municipal Sanitary Sewer System,(4)cash derived from the sale of special assessment bonds to be issued in accordance with Chapter 384 of the Codeof Iowa,in anticipation of the collection of said special assessments,an estimate of such assessments being on file with the City,or (5)cash from the sale of warrants authorized by Section 384.57 of the Codeof Iowa which wa=ants maybe payable from any of the above mentioned sources or any combination thereof. Paymentto the Contractor will be on the basis of monthly estimates equivalent to ninety-five percent (95%)of the contract value of the work completed and paymentsmade to material suppliers for materials ordered specifically for the project or delivered to the site during the preceding calendar month.Estimates will be prepared on the last day of each monthby the contractor,subject to the approval of the Engineer,whowill certify to the City for paymenteach approved estimate on or before the tenth (10th)day of the following month.Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally canpleted.Uponcompletion of the work and its acceptance by the City Council,the Contractor will be paid an amount which,together with previous payments,will equal nienty-five percent (95%)of the contract price of the contract.Final paymentof the remaining amountdue will be made not less than thirty-one (31)days after completion and acceptance by resolution of the City Council of the completed contract,subject to the conditions and in accordance with the provisions of Chapter 573 of the Codeof Iowa.No such partial or final payments will be due until the Contractor has certified to the City that the materials,labor and services involved in each estimate have been paid for in accordance with the requirements stated in the specifications. Before final paymentwill be made,the Contractor shall file,in duplicate,with the Engineer an itemized statement showing the amountof Iowa Sales Tax,or Use Tax,and to whompaid on all materials which have becane part of the finished work. Plans and specifications governing the construction of the proposed improvements,and also the prior proceedings of the City Council referring to and defining said proposed improvementsare hereby madea part of this notice and the proposed contract by reference and the proposed contract shall be executed in compliance therewith. Copies of said plans and specifications are nowon file in the office of the City Clerk, for examination by bidders.Copies maybe obtained from Veenstra &Kimm,Iric,,Engineers &Planners,300 West Bank,1601 22nd Street,West Des Moines,Iowa 50265,upon payment of TwentyDollars ($20.00)for each set.No refund will be made. This notice is given by order of the Council of the City of Waukee,Iowa. - City of Waukee,Iowa By:Floyd Rosenkranz,Mayor Attest: Brian Redshaw,City Clerk/Administrator -Partial Payment-Van Hauen &AsSOCiates.Steve Pierce,City Engineer,reviewed construction progress and had reviewed partial paymentrequest and found it to be in order and recommendedapproval of partial payment.in the amountof $48,169.75.Motion by Councilman DuroyanQ seconded by CouncilmanScott to approve partial paymentto Van_Hauen&Associates of $48,169.75.The Mayorput the question on the_motion and the Jeoll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy and Scott.Nayes:none recorded.Absent:.Gruber.Motion carried 4 to O.Whereupon,the Mayordeclared the motion duly ca=ied and adopted. CEllA Trenching Regulation.utilities Corrmitteeis awaiting information. Meter TamperingOJ:dinance- Well Prohibition OJ:dinance. 2nd Reading.Hold until August Referred to Utility Committee. 17th meeting. -155- C2 Sidewalk ReplacementPolicy.The Council decided that ordinance §2l8.l addressed the questions about maintaining sidewalks and that no deviations would be made. II(IWW Storage Agceement.Steve Pierce,City Engineer,reviewed alternatives available to the City for participation in the Joint Westside Water Storage Facility.Steve recommendedthat the City committo :feeder main capacity of 2,225 gpm,booster station capacity of 925 gpm,storage capacity of 400,000 gallons,at a total estimated cost of $971,920.Motion by CouncilmanScott and seconded by CouncilmanClark to approve the City's participation in the Joint Westside Water Storage Facility following the City Enineer's recommendationsat a total estimated cost of $971,920.Motion carried 4 to O. FY92-93Budget 1\nendmentHearing.The Mayorannounced that this was the time and place set for hearing upon the proposed FY92-93First Responders Budget Amendment.Jim DeWitt,Jr. informed the Council of additional information he had received concerning repair procedures of the various pager models.Motion by CouncilmanDuray and seconded by CouncilmanScott to approve Resolution No.220 to amendFY92-93First Responders budget by increasing the Capital Equipnent budget by $900.00.The Mayorput the question on the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy and Scott.Nayes:Nonerecorded.Absent:Gruber.Motion ca=ied 4 to O.Whereupon,the Mayordeclared the motion duly carried. Matters Regarding Annexation Pending Bef=e the City Developrent Board.Paul Huscher, City Attorney,updated the Council. Library Report -Clark.CouncilmanClark reported that:Alissa Mills has been hired as a substitute librarian;the Library is conducting a logo contest;and the Trustees are still in the process of hiring a Library Assistant. UA92-42Udlandale Petition.Motion by CouncilmanScott and seconded by CouncilmanClark to approve Resolution No.221 to support the proposed voluntary annexation for the City of Urbandale and to instruct Brian to inform the City of Urbandale and the City Developnent Board of this action.Motion cerr Ied 4 to O. MDUtility Tractor.Bobwas instructed to contact Annear Equipmentand Any Seasons for quotes to repair the utility tractor. Mninistrator's Report.Brian reminded the Council that he would be attending meetings out of town August 12-14 and August 17-19. 1\djounmeut.Motion by CouncilmanDuray and seconded by CouncilmanBailey to adjourn. Motion carried 4 to O.Meeting adjourned at 9.54 P.M. Attested: The August 17,1992 WaukeeCity Council regular meeting was called to order at 7:02 P.M. by MayorFloyd Rosenkranzwith Bob Barrett taking minutes. Roll call was taken and the following Councilmenwere present:DonBailey,Jr.,Ray Clark, Frank Duroy,Nick Gruber and Curt Scott. Staff and guests present were:Bob Jacobson,Jeff Tomlinson,Dr Woods,Mike De Anda,Jan Blazanin,Dennis Dolmage,Elaine Merical,Kate Merical,Christine Michaelson,Jerry Purdy,Oscar Stokka,Janet Speicher,Brad Mills,Frank Hoifeldt,John Grisso,Linda Mack, Mr &Mrs Graham,Virginia Clark,Steve Pierce and Paul E.Huscher. Approval of August 11th Minutes.On page 155 the Library Report should be corrected to showthat the Director is in the process of hiring a Library Assistant.Motion by CouncilmanDuroy and seconded by CouncilmanClark to approve the minutes of August 11,1992 as corrected.Motion carried 5 to O. Guests: Jerry Purdy -.New Library Facility.Dennis Dolmageintroduced the Facilities Committee and Jerry Purdy,architect with Design Alliance.Jerry explained the planning process of the new facility from concept to completed design and described the proposed facility. A question and answer period followed with an exchange of ideas,commentsand suggestions. Financing of the estimated cost of $750,000.00 was also discussed but no final decisions l£rgrre Merical -Cclnpfire lIdopt-A-Highway.Elaine Merical,Kate Merical and Christine Michaelson representing Campfire asked the"Council for its approval for the CamPfire troop to continue in the Adopt-A-Highwayprogram for the next two years.Council approval is necessary because the South half of Highway6 is within the City limits.Motion by CouncilmanGruber and seconded by CouncilmanDuroy to approve request by the Campfire to continue their fine work in the D.O.T.Adopt-A-Highwayprogram along Highway6 from milepost 121 to milepost 123.Motion carried 5 to O.