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HomeMy WebLinkAbout1993-08-30-Special Minutes-16 - SumpPump ~ce.City Attorney and City Engineer will review other town'~ordinance and advise the Council. Noise ~ce.The Council discussed what would be controlled by a noise ordinance. No action taken. Baseball Field WorkContract.Brian is to contact WayneEllis about the bids received. Board Of lIdjustrrent Appointrrent.Movedby CouncilmanBailey and seconded by Councilman Duroyto approve the appodrrtmerrt of Stanley Lawsonto a 5-year tenn on the Board of Adjusment.Motion carried 5 to O. Mary Ann Estates Drainage.The Council was updated on proposed corrective measures. Gl.enviewManor Sewer Depth.The developers of GlenviewManorasked the Council to consider waiving the sanitary sewer depth requirements in order that the developnent could proceed.The Council feels that all building ordinances should be observed as they currently are adopted. Parkview Drive Block Party.Movedby CouncilmanDuroy and seconded by CouncilmanClark to approve the closing of Parkview Drive east of 2nd Street on August 22 from 7:00 P.M. to 8:30 P.M.to accommcdatea resident block party.Motion carried 5 to O. Planning &Zoning -Duray.Next meeting is scheduled for August 28th. Liquid calcium Chloride Application System.Movedby CouncilmanDuroy and seconded by CouncilmanGruber to approve purchasing of the liquid calcium chloride application system from Jerico Services,Inc for $4,890.00.Motion carried 5 to o. Public Safety -Gruber.No printed report available. Panda Resources Supply Agreement.Brian will be attending a meeting in Omahawith Panda on August 19. Library Report -Bailey.Printed report received. Mayor's Report.MayorRosenkranz :Expressed condolences to Paul Huscher upon the death of his father:Appointed Ray to attend the August 18 meeting of the Dallas County Board of Supervisors;asked Frank to check into the feasibility of converting City vehicles to natural gas:Has nominated DowneyPrinting in the Industry Recognition program:and asked the Council to consider whether there are to be any questions to be included on the Novemberballot. Mninistrator's Report.Brian reported on:Sahu Acres update;recycling program cost; and Public Works Director position hiring process. lIdjournment.Motion by CouncilmanDuroy and seconded by CouncilmanBailey to adjourn. Motion carried 5 to O.Meeting adjourned at 11:05 P.M. - ATTEST: The MondayAugust 30,1993 WaukeeCity Council special meeting was called to order by MayorFloyd W.Rosenkranz at 7:06 P.M.with Bob Barrett present and taking minutes. Roll was taken and the following Councilmenwere present:DonBailey,Jr.,Ray Clark, Frank Duroy,Nick Gruber and Curt Scott. Staff and guests present were:Brian J.Redshaw,Paul E.Huscher,Robin Horkey,Chuck Christianson,Krislyn Christianson,Colten Christianson,Jim Tucker,Bill Forbes,John Kursitis,Ben Phillips,Margaret Stone,Pat Shepard,A.Leo Pelds,Dennis Hanes and Marilyn Rutz. MayorRosenkranz present a Certificate of Appreciation to ChuckChristianson for his work and dedication during the July water crisis. Building Inspector Fees.A lengthy discussion was held concerning building permit fees and building code requirements in relationship to surrounding corrmmities.Gas hookup was referred to the Utilities Committeefor review and recomnendations. CouncilmanScott left at 7:48 P.M. Fall Festival.Margaret Stone updated the Council on the October 1-3 Fall Festival. Set Date For Alice's Road I:rrprovementsProject Bid OpeningAnd Public Hearing.The Council took up and considered the proposed 1993 Alice's Road Grading and Paving ImprovementsProject.CouncilmanBailey introduced the resolution next hereinafter set out and movedits adoption,seconded by CouncilmanClark.After due consideration thereof by the Council,the Mayorput the question on the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duray and Gruber.Nays:none. �17 - Absent:Scott.Motion carried 4 to O. Whereupon,the Mayordeclared the said motion duly carried and the said resolution adopted, as follows: Resolution No.268 To provide for a notice of hearing on proposed plans,specifications, form of contract and estimate of cost for the 1993 Alice's Road Grading and Paving ImprovementsProject,'and the taking of bids therefor WHEREAS,the City Council of the City of Waukee,Iowa (the "City"),has determined that it is necessary and desirable that a public improvementbe constructed as described in the proposed plans and specifications and form of contract prepared by Veenstra &Kimm, Inc.,the Project Engineers for such public improvements,which may be hereafter referred to as the "1993 Alice's Road Grading and Paving ImprovementsProject"(and is sometimes hereinafter referred to as the "Project"),which proposed plans,specifications and form of contract and estimate of cost are on file with the City Clerk;and WHEREAS,it is necessary to fix a time and place of public hearing on the proposed plans,specifications and form of contract and estimate of cost for the Project and to advertise for sealed bids for the Project; NCW,THEREFDRE,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,form of contract and estimate of cost referred to in the preamble hereof be and the same are hereby approved. Section 2.The Project is necessary and desirable for the City,and it is in the best interests of the City to proceed toward the construction of the Project. Section 3.The amount of the bid security to accompanyeach bid is hereby fixed at 10%of the bid. Section 4.The City Council hereby delegates to the City Clerk the duty of receiving, opening and announcing the results of all bids for the construction of such Project,on the 9th day of September,1993,at 10:00 o'clock a.m.,at the Council Chambersat the City Hall,Waukee,Iowa.The 20th day of September,1993,at 7:00 o'clock p.m.,at the Council Chambers,Waukee,Iowa,is hereby fixed as the time and place of hearing on the proposed plans,specifications,form of contract and estimate of cost for the Project, and also as the time and place of considering bids received by the City Clerkin connection therewith. Section 5.The City Clerk is hereby authorized and directed to give notice of the aforementioned hearing and taking of bids by publication of such notice in a newspaper of general circulation in the City,which publication shall be made not less than four nor more than twenty day prior to the time of the said hearing,all in conformity with Chapter 362 and 384 of the Code of Iowa.The said notice shall be in the form substantially as attached to this resolution. Section 6.All provisions set out in the following form of notice are hereby recognized and prescribed by this Council and all resolutions or orders or parts thereof, to the extent the same may be in conflict herewith,are hereby repealed. Passed and approved August 30,1993. Mayor Floyd W.Rosenkranz ATTEST: Brian J.Redshaw City Clerk NOTICEOF HEARINGANDLETTING NOTICEOF PUBLICHEARINGONPLANSANDSPECIFICATIONS,PROPOSEDFORMOF CONTRACTAND ESTIMATEOF COSTFORCONSTRUCTIONOFTHE1993 ALICE'SROADGRADINGANDPAVINGIMPROVEMENTS RM-8177(1)--9D025FDRTHECITYOFWAUKEE,ICWA,ANDTHETAKINGOFBIDSTHEREFDR Sealed proposals will be received by the City Clerk of the City of Waukee,Iowa,in the Council Chambersat the City Hall,410 Sixth Street,Waukee,Iowa until 10:00 A.M.on the 9th day of September,1993 for the construction of 1993 Alice's Road Grading and Paving Improvements,as described in the plans and specifications therefor,now on file in the office of the City Clerk.Proposals will be opened and the amount of the bids announced in said Council Chambersby the City Clerk at the time and date specified above. At 7:00 P.M.on the 20th day of September,1993 the City Council of said City will,in said Council Chambers,hold a hearing and said Council proposes to adopt plans" specifications,form of contract and estimate of cost and,at the time,date and place specified last,or at such time,date and place as then may be fixed,to act upon proposals and enter into a contract for the construction of said improvements. -18 - The work to be done is as follows: 1993 ALICE'SROADGRADINGANDPAVINGIMPROVEMENTS Construct 1993Alice's RoadGrading and Paving Improvementsincluding all labor, materials and equipment,special construction procedures,and miscellaneous associated work,inclUding cleanup for the following: Construct approximately 4,710 square yards of portland cement concrete pavement,grading,special backfill,granular shoulder, surface restoration and miscellaneous associated work including cleanup. All work and materials are to be in accordance with the proposed plans,specifications, form of contract and estimate of cost nowon file in the office of the City Clerk of Waukee,Iowa,and by this reference madea part thereof 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 nowbeing on file in the office of the City Clerk,reference to which is madefor 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 madeby 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 receiving bids.All proposals shall be madeon 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. Each proposal shall be madeout on a blank form furnished by the municipality and must be accompaniedin 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 amcuntequal 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 madepayable to THECITYOFWAUKEE,IONA.The bid security must not contain any conditions either in the body or as an endorsementthereon.The bid security shall be forfeited to the City as liquidated damagesin 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 bound in the specifications. -- By virtue of statutory authority,preference will be given to products and provisions grownand 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 whoare 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 amountequal to one hundred 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 terms and conditions therein contained and shall guarantee the prompt paymentof all materials and labor and protect and save harmless the City from c.Ledrnsand damagesof any kind caused by the operations of the Contractor,and shall guarantee the work against faulty workmanshipand materials for a period of four (4)years after its completion and acceptance by the City Council. The work will commencewithin ten (10)days after written Notice to Proceed.It is anticipated that Notice to Proceed will be issued within 30 calendar days after date of receiving bids.All work shall be completedby December1,1993. Liquidated damagesin the amountof Five HundredDollars ($500.00)per calendar day will be assessed for each day the work shall remain uncompletedafter December1,1993with due allowance for extensions of the contract period due to conditions beyond the control of the Contractor.Inclement weather shall not be considered for extension of the contract period. Paymentto the Contractor for said construction will be madein cash. 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 paymentsmadeto 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 approve estimate on or before the tenth (10th)day of the -19 - 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 completed.UponcOIT1J?letionof the work and its acceptance by the City Council,the Contractor will be paid an amount which,together with previous payments,will equal ninety-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 paymentswill 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 becomepart of the finished work. Plans and specifications governing the construction of the proposed improvements,and also the prior proceedings of the City Council refe=ing 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,Inc.,Engineers &Planners,300 West Bank,1601 22nd Street,West Des Moines,Iowa 50266,upon payment of TwentyDollars ($20.00)for each set.Norefund will be made. This notice is given by order of the Council of the City of Waukee,Iowa. CITYOFWAUKEE,ICWA By:Floyd Rosenkranz,Mayor ATTEST: Brian Redshaw,City Clerk/Administrator ReilTbursenentBondRegulations.After due consideration and discussion,CouncilmanGruber introduced the resolution next hereinafter set out and movedits adoption,seconded by CouncilmanDuroy ,The Mayorput the question upon adoption of the resolution next hereinafter set out,and the roll being called,the following Councilmenvoted:Ayes: Bailey,Clark,Duroy and Gruber.Nays:None.Absent:Scott.Motion ca=ied 4 to O. Whereupon,the Mayordeclared the resolution duly adopted as hereinafer set out: RESOLUTICNNO.269 Resolution relating to financing of 1993 Alice's RoadGrading and Paving ImprovementsProject to be undertaken by the City; establishing compliance with reimbursementbond regulations under the Internal RevenueCode BEIT RESOLVEDbythe City Council (the "Council")of the City of Waukee,Iowa, (the "City"),as follows: 1.Recitals. (a)The Internal RevenueService has issued Section 1.150-2 of the IncomeTax Regulations (the "Regulations")dealing with the issuance of bonds,all or a portion of the proceeds of which are to be used reimburse the City for project expenditures madeby City prior to the date of issuance. (b)The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing and that the borrowing occur and the reimbursementallocation be made from the proceeds of such bozrowinqwithin a certain period after the paymentof the expenditure or the date the project is placed in service. (c)The City desires to complywith requirements of the Regulations with respect to the Project hereinafter identified. 2.Official Intent Declaration. (a)The City proposes to undertake 1993 Alice's RoadGrading and Paving ImprovementsProject (the "Project"). (b )Other than (i)expenditures to be paid or reimbursed from sources other than the Bonds (as hereafter defined)or (ii)expenditures madenot earlier than 60 days prior to the date of this Resolution or (iii)expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2)of the Regulations,no expenditures for the Project have heretofore been madeby the City and no expenditures will be madeby the City until after the date of this Resolution. (c)The City reasonably expects to reimburse the expenditures made for costs of the Project out of the proceeds of its bonds,notes or other obligations in an amount -20 - currently estimated to be $725,000.(the "Bonds")to be incurred by the City ';lfter the date of payment of all or a portion of the costs. (d)This declaration is a declaration of offical intent adopted pursuant to Section 1.150-2 of the Regulations. 3.Budgetary Matters. As of the date hereof,there are no City funds reserved,allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved,allocated on a long term basis or otherwise set aside)to provide permanent financing for the expenditures related to the Project,other than pursuant to the issuance of the Bonds. This resolution,therefore,is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 4.Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement_ allocations"described in the Regulations,being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the Project.Each allocation shall be evidenced by an entry on the offical books and records of the City maintained for the Bonds,shall specifically identify the actual prior expenditure being reimbursed or,in the case of reimbursement of a fund or account,the fund or account from which the expenditure was paid,and shall be effective to relieve the proceeds of the Bonds from any restriction under the Bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute,which would apply to the unspent proceeds of the Bonds. 5.All resolutions,parts of resolution,or actions of the Council in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved August 30,1993. Floyd W.Rosenkranz Mayor ATTEST: Brian J.Redshaw City Clerk Preliminary Plat -Windfield.After considerable discussion,moved by Councilman Duray to approve the preliminary plat of Windfield subject to satisfactory agreement on completing Laurel Street.Motion died for lack of a second.Item held over until September 7th meeting to get Laurel Street questions resolved. Construction Drawings -Windfiel.d.Item held over until September 7th meeting. Credit Card Resolution.Brian is to check into other providers and to report back to the Council. Pay Estimate #3 -Holbrook Construction.Motion by Councilman Clark and seconded by Councilman Duray to approve payment of pay estimate #3 in the amount of $4349.10 to Holbrook Construction for work completed on the North Tenth Street Water Main Extension. Motion carried 4 to o. caroline Hennarm Xenia Request.Movedby Councilman Duroy and seconded by Councilman Gruber to approve allowing Xenia Rural Water System to provide water service to William and Carolyn Hermann at 3111 V Avenue.Motion carried 4 to O. M::lbile HomaPark lIsphalt.Moved by Councilman Duroy and seconded by Councilman Clark to approve 6"Type A ACCpavement as proposed by the developer's engineer.Motion carried 3 to 1.Bailey voting no. Panda Supply Agreement.The City will continue under the current agreement and monitor contract compliance. Part-t:i.rre Help Policy.Motion by Councilman Gruber and seconded by Councilman Bailey to hire Bryan Kammerer for a maximumof 20 hours per week.Motion carried 4 to O. Little League Ball Fields.We have not received the work bid proposals yet. Depository Resolution.Motion by Councilman Clark and seconded by Councilman Gruber to approve Resolution No.269A listing the City approved depositories as named below.Motion ca=ied 4 to O. RESOLUTIONNO.269A Resolved that the City Council of Waukee in Dallas County,Iowa,approves the following list of financial institutions to be depositories of funds of the City of Waukee -21 - in conformance with all applicable provisions of the Iowa Code Chapters 452 and 453 (1983) as amendedby 1984 Iowa Acts,S.F.2220.The City Clerk/Administrator or Treasurer is hereby authorized to deposit funds of the City of Waukeein amounts not to exceed the maximumapproved for each respective financial institution as set out below. Brenton State Bank,Dallas Center RaccoonValley State Bank,Adel Firstar Bank,Des Moines NA Bankers Trust Ccmpany,Des Moines Norwest Banks Iowa NA Iowa Trust .$1,000,000 1,000,000 1,000,000 L 000,000 1,000,000 40,000 Bonding capacity.Brian reviewed the current status. lIdjourrnrent.Motion by CouncilmanGruber and seconded by Motion carried 4 to O.Meeting adjourned at 10:29 P.M. CouncilmanBailey to adjourn. -eyAJ &Jl7/Fl6yd Rosenkranz,Mayor ATTEST: The Tuesday September 7,1993 WaukeeCity Council regular meeting was called to order at 7:05 P.M.by Mayor Floyd W.Rosenkranz with Bob Barrett taking minutes. Roll was taken and the following Councilmenwere present:DonBailey,Jr.,Ray Clark, and Frank Duroy.CouncilmenNick Gruber and CUrt Scott were absent. Staff and guests present were:Brian J.Redshaw,Scott Thomas,Jim De Witt,Jr.,Harry Jones,Dan White,Paul E.Huscher,TomInman,Bill Forbes,Dennis Hanes,John Grisso, Dan Stifel,Steve Hoover and Don Henson. AgendaApproval.Sanitary sewers (17A).Motion carried 3 to O. Open Fbrum.None Guests. Jim DeWitt,Jr and Dennis Hanes -Pager Purchases.Jim DeWitt and Dennis Hanes spoke to the Council explaining the need to replace some pagers in the Fire Department and First Responders.Motion by CouncilmanDuroy and seconded by CouncilmanBailey to approve the purchase of 4 radios (2 for the Fire Department and 2 for the Responders)at a cost of $388 each from Electronic Engineering Ccmpany.Motion carried 3 to O. Jim DeWitt asked for Council authorization to send 6 people to EMT-Atraining at a total cost of $2,483.82.Motion by CouncilmanDuray and seconded by CouncilmanClark to approve 6 First Responders to take EMT-Atraining at a cost of $2,483.82.Motion carried 3 to O. Dan Stifel,Bel-Aire Block Party.Motion by CouncilmanDuroy and seconded by Councilman Bailey to approve the closing of Bel-Aire Drive between 1st and 2nd Streets on September 25 from 4:00 to 8:00 P.M.to acccmmodatea resident block party.Motion carried 3 to O. TomInman -3rd Street Sidewalks.Tomspoke to the Council in opposition of installation of a sidewalk along 3rd Street south of Northview because:the lack of children walking in the area;homes,garages and trees are too close to the street to allow the installation of a sidewalk according to current privacy and security;resident objections to this project in 3/88 and the resulting petition;and when the developnent was graded sidewalks where not anticipated and the grading does not allow for level sidewalks without extensive regrading.Councilmenwill visit the area before the next Council meeting. Treasurer's Report.Motion by CouncilmanDuray and seconded by CouncilmanBailey to approve the August 1993 Treasurer's Report.Motion carried 3 to O. Fund -General 706,226.78 -19,762.32 69,629.89 RoadUse 22,132.15-11,690.39 9,036.82 Debt Service 13,227.61-.00 .00 Water 72,121.60 51,833.10 92,353.95 Sewer 342,920.22-22,886.46 11,922.51 Gas 177,686.16-21,131.51 41,737.62 Fund Totals 222,382.24 127,303.78 224,680.79 656,359.21 19,478.58- 13,227.61- 31,600.75 331,956.27- 198,292.27- 125,005.23 Bill Presentation.Motion by CouncilmanClark and seconded by CouncilmanDuroy to approve payment of claims submitted totaling $6,123.62.Motion carried 3 to O. --------------------------------------------------------------------