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.
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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.
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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.
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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
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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
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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
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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.
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