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HomeMy WebLinkAbout1993-10-04-Regular Minutes-33 - Planning &Zoning -Duray.No report. Public Safety -Gruber.The Fire Department will atterrpt to locate a place to store the red Ford pumper instead of trading it in or selling it because of the low price they would get Dallas County Emergency ManagementCcmnission.Ray updated the Council on the meeting he attended. Library Report -Bailey.Printed report received. Mayor's Report.The Mayor asked Brian to check on the progress of the special census; to write a letter to the Iowa Finance Authority in regard to the Candleridge Apartments of Waukee;and discussed the need for an Economic Developnent Director. Administrator's Report.Brian reported on disputed utility bills;asked about status of 3rd Street sidewalks;will be attending D.O.T.meeting on 9/21 in Des Moines;the Waukee Soccer Club asked for permission for Soccer Connection to have a tent in Centennial Park in conjunction with the Waukee Soccer Tournament on September 25th and 26th.Motion by Councilman scott and seconded by Councilman Duray to approve a Soccer Connection tent in Centennial Park on September 25th and 26th.Motion carr-ied 5 to 0;the Council restated its support of the soccer tournament and authorized City personnel to furnish picnic tables and trash cans as needed;and discussed Industrial Park electrical power plans. Motion by Councilman Duray and seconded by Councilman Bailey to approve the Hickman West Industrial Park electrical power plans.Motion carried 5 to O. lIdjourrnnent.Motion by Councilman Gruber and seconded by Councilman Duray to adjourn. Motion carried 5 to O.Meeting adjourned at 9:38 P.M. Attest: The October 4,1993 Waukee City Council regular meeting was called to order at 7:02 P.M. by Mayor Pro-tern Donald Bailey,Jr.with Bob Barrett taking minutes. Roll call was taken and the following Councilmen were present:Don Bailey,Jr.,Ray Clark, Frank Duray,Nick Gruber and Curt Scott.Mayor Floyd Rosenkranz was absent. Guests and staff present were:Brian Redshaw,Harry Jones,Scott Thomas,Helen Lockwood, Chuck Christianson,TomInman,Ben Phillips,Don Henson,Dennis Hanes,Chuck Johnson, Mark Schmidt,Ron Ma=,Monica Lihs,Stan Lawson,Bill Forbes,Gary Haug,Marv Whitlock, Jim Ash,Carol Sorenson,Paul E.Huscher,John Kursitus,Mike Flinn and Joanna Werch. Agenda Additions.Sryvet parking lot and building occupancy permit (9A).Motion carried 5 to O. ~Fomm,Nothing. Guests: Tan Inman.An extensive discussion concerning the proposed sidewalk along 3rd Street south of Northview Drive was held.Motion by Councilman Duray and seconded by Councilman Gruber to delay installation of a sidewalk in this area for at least one year and to request a D.O.T.study of pedestrian traffic patterns sometime during the year.Motion carr-ied 5 to O.'"" Mayor Rosenkranz arraved at 7:11 P.M. Approval Of Minutes.Motion by Councilman Gruber and seconded by Councilman Clark to approve the August 16th,30th,September 7th and 20th Council meeting minutes as presented. Motion carried 5 to O. Bill PFesentation.Motion by Councilman Duroy and seconded by Councilman Clark to approve payment of claims submitted totaling $17,466.61.Motion ca=ied 5 to O. VENDCR A &W ELECTRICALCONI. AT &T ARATEXSERVICES ATLANIICBOTTLING BLUECROSS BRODERICKANIMALCLINIC BRCWNSUPPLY COPYSYSTEMS DALLAS COUNIYNEWS ELECTRONICENGINEERINGCO. EMERGENCYMEDICALPRODUCTS PURPOSE WATERPUMPINSPECTION 8/93 SERVICE ENTRANCECLEANING SOFTDRINKS 10/93 MEDICALINSURANCE ANIMALBOARDING MISCELLANEOUSSUPPLIES COPIERMAINIENANCE 9/93 PUBLICATIONS RADIOREPAIR&PAGING SPRAGUESCOPE AMOUNI $229.50 43.09 30.60 155.40 8,125.12 71.00 568.29 20.40 163.63 252.10 60.35 -----,-,,-----,--,-----------,------,-- -34 - MARKGRUBER PAULE.HUSGlER OLSONBROIHERS SPRYAUTO BUIWINGINSPECTORS WAUKEEMUNIGAS WCS 9/93 BUIWINGPERMITS 10/93 RETAINER 8/93 PURCHASES REPAIRS 9/93 BUIWINGPERMITS 9/93 GASSERVICE 9/93 CITYHALLCLEANING 1,131.25 375.00 529.00 857.80 4,488.00 66.08 300.00 $17,466.61 F.D.Lease Agu::-earent.Motion by CouncilmanBailey and seconded by CouncilmanDuray to set October 8,1993 at 7:00 P.M.at City Hall as the time and place for a public hearing to consider entering into a lease-purchase agreement for the purchase of a new fire truck.Motion carried 5 to O. Pay Estimate #3-Eco Tech,Inc.Motion by CouncilmanBailey and seconded by Councilman Scott to approve partial payment estimate No.3 for $137,422.73 for work canpleted on the 1993HickmanWest Industrial Park Improvementsfrom August 28,1993 to September 28,1993 to Eco Tech Contractors,Inc.The Mayorput the question upon the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nays:None.Motion carried 5 to O. Syrvet Parking Lot &BuiJding OCcupancy PeImit.Motion by CouncilmanScott and seconded by CouncilmanClark to approve their design standards for their private parking lot and to require City standards for public areas.Motion carried 5 to O.. A temporary occupancy permit may be issued if the need arises. Park Closing Date.No Council action is needed as this is under the duties of the Public WorksSupervisor. Set Hearing Date fur Street Project.The Council took up and considered the proposed 1993 Street Program.CouncilmanBailey introduced the resolution next hereinafter set out and movedits adoption,seconded by CouncilmenGruber.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,Duroy,Gruber and Scott.Nays: None.Motion carried 5 to O.Whereupon,the Mayordeclared the said motion duly carried and the said.resolution adopted,as follows: RESOLUTIONNO.277 To provide for a notice of hearing on proposed plans,specifications, form of contract and estimate of cost for the 1993 Street Program,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 constnCted as described in the proposed plans and specifications and form of contract prepared by Veenstra &Kimm, Inc.,the Project Engineers for such public improvement,which may be hereafter refe=ed to as the "1993 Street Program"(and is sometimes hereinafter refe=ed 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,THEREFORE,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 accanpany each bid is hereby fixed at an ameunt equal to 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 the Project,on the 14th day of October,1993,at 10:00 o'clock a.m.,at the Council Chambersat the City Hall,410 Sixth Street,Waukee,Iowa.The 18th day of October,1993,at 7:00 o'clock P.M., at the Council Chambers,City Hall,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 Clerk in 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 mere than twenty days prior to the time of the said hearing,all in conformity with Chapters 362 and 384 of the Code of Iowa.The said notice shall be in the form substantially as attached to this resolution. -35 -- 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 maybe in conflict herewith,are hereby repealed. Passed and approved October 4,1993. Floyd W.Rosenkranz Mayor Attest: Brian J.Redshaw City Clerk OOITCEOF HEARINGANDLE'ITING NorlCEOF PUBLICHEARINJONPLANSANDSPECIFICATIONS,PROPOSEDFORMOF CONTRACTAND ESTIMATEOF COSTFORCONSTRUCTIONOFTHE1993 STREETPRCGRl\MFORTHECITYOFWAUKEE,IONA, ANDTHETAKINJOF BIDSTHEREFOR Sealed proposals will be received by the City Clerk of the City of Waukee,Iowa,in the Council Chambersat the City Hall,410 -6th Street,Waukee,Iowa until 10:00 A.M.on the 14th day of October,1993 for the construction of 1993 Street Program,as described in the plans and specifications therefor,nowon 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 18th day of October,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 imp=vements. The work to be·done in various locations th=ughout the City is as follows: 1993 STREET PR(X;RAM Ocnstruct 1993 Street Program including all labor,materials and equipment,special construction procedures,and miscellaneous associated work,including cleanup for the following: Construct approximately 290 square yards of pavement surface milling,1,720 tons of asphaltic cement concrete pavement, 145 square yards of portland cement concrete pavement,curb and gutter,sidewalks,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 made a 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 wh.ichis made for a more detailed and couplete 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 receiving bids.All proposals shall be made on official bidding blanks furnished by the City,and any alterations in the Offical 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 made out 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 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 penal sum of ten percent (10%)of the bid. The bid security should be made payable to THECITYOFWAUKEE,IONA.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 10 (10)days after the award of contract and post bond satifactory to the City insuring the faithful fulfillment of the contract and the maintenance of said work,if required,pursuant to the provisions of this IL~._,'_,___.__-.'.. -36 - notice and other contract documents.Bidders shall use the bid bond fonn bound in the specifications. By virttue 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 who are not Iowa residents. The Council reserves the right to reject any or all bids and to waive infonnalities 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 hundredpercent (100%)of the contract price,said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful perfonnance of the contract and the tenns and conditions therein contained and shall guarantee the prompt-- paymentfor all materials and labor and protect and save harmless 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.It is anticipated that Notice to Proceed will be issued within 30 calendar days after date of receiving bids.All work shall be completed by December1,1993. Liquidated damagesin the amountof Five HundredDollars ($500.00)per calendar day will assessed for each day the work shall remain uncompletedafter December1,1993 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 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 proceding calendar month.Estimates will be prepared on the last day of each month by 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 construed as an act of acceptance for any part of the work partially or totally completed.Uponccmpl.et Lon of the work and its acceptance by the City completed.Uponcompletion of the work and its acceptance by the City Council,the Contractor will be paid an amountwhich,together with previous payments,will equal ninety-five percent (95%)of the contract price of the contract. Final paymentof the remaining amountdue will be madenot 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 showingthe 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 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,Inc.,Engineers &Planners,300 West Bank,1601 22nd Street,West Des Moines,Iowa 50266,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. CITYOFWAUKEE,IONA By:Floyd W.Rosenkranz,Mayor ATTEST: Brian Redshaw,City Clerk/Administrator ReimbursementBond Resolution.After due consideration and discussion,CouncilmanGruber introduced the resolution next hereinafter set out and movedits adoption,seconded by CouncilmanScott.The Mayorput the question upon the adoption of the resolution next hereinafter set out,and the roll being called,the following Councilmenvoted:Ayes: Bailey,Clark,Duroy,Gruber and Scott.Nays:none.Motion carried 5 to O.Whereupon, the Mayordeclared the resolution dUly adopted as hereinafter set out. -37 - ~r,1't RESOLUTIONNO.278 J-Resolution relating to financing of the 1993 Street Programto be undertaken by the City;establishing compliancewith reimbursement bond regulations under the Internal RevenueCode BE IT RESOLVEDbythe City Council (the "Council")of the City of Waukee,Iowa (the "City"),as follows: Section 1.Recitals. (a)The Internal RevenueService has issued Section 1.150-2 of the IncomeTax Regulations (the "Regulations")dealing with the issurance of bonds,all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b)The Regulations generally require that the City makea prior declaration of its official intent to reirrJ:Jurseitself for such prior expeditures out of the proceeds of a subsequently issued bor'rowinqand that the borrowing occur and the reirrJ:Jursement allocation be made for the proceeds of such bortrowiriqwithin 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. Section 2.Official Intent Declaration. (a)The City proposes to undertake 1993 Street Program (the "Project"). (b)Other than (i)expenditures to be paid or reirrJ:Jursedfrom 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 madefor costs of the Project out of the proceeds of its bonds,notes or other obligations (the "Bonds") to be issued after the date of paymentof all or a portion of the costs.It is estimated that the total amountof Bondsto be issued for the Project will not exceed $180,000.00. (d)This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations. Section 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 meaningand content of the Regulations. Section 4.ReimbursementAllocations. The City's financial officer shall be responsible for making the "reirrJ:Jursement allocations"described in the Regulations,being generally the transfer of the appropriate amountof proceeds of the Bondsto reirrJ:Jursethe source of temporary financing used by the City to makepaymentof the prior costs of the Project.Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds,shall specifically identify the actual prior expenditure being reirrJ:Jursedor,in the case of reirrJ:Jursementof 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 Bondresolution or other relevant legal documentsfor the Bonds,and under any applicable state statute,which would apply to the unspent proceeds of the Bonds. Section 5.All resolutions,parts of resolutions,or actions of the Council in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approve October 4,1993. Floyd W.Rosenkranz Mayor Attest: Brian J.Redshaw City Clerk ReplacementOf JD544ELoader.Gary Haugof Mid-LandEquipmentspoke to the Council regarding the tradingin of the JD544ELoader.The Council took no action pending receipt of additional information. setting Of Beggar'S Night.Motionby CouncilmanScott,seconded by CouncilmanBailey,to set Beggar's Night for October 30 from 6:00 P.M.to 8:00 P.M.The Mayorput the question -38 - upon the motion and the roll being called,the following namedCouncilmenvoted:Ayes: Bailey,Clark,Duroy and Scott.Nays:Gruber.Motion carried 4 to 1- ICIIPsafety Comnittee.Motion by CouncilmanGruber,seconded by CouncilmanDuray,to: nameHarry Jones as chairman of the Worker Safety Committee;directed Harry to establish the committee fran City Employees;and to report back to the Council in 30 days.Motioncarried5toO. Gasline Hook-UpFee.The Utility Committeerecommendsleaving the fee structure as it is. Parks Conmittee -Clark.Received printed report fran Park Intern.Next Committeemeeting scheduled for October 26 at 7:00 P.M.at the WaukeePublic Library. Southf=k Conmittee -Scott.No report. Industrial Park Street Lights.Motion by CouncilmanBailey,seconded by Councilman Clark to approve the expenditure of an estimated $10,400.00 for installation of street lights along Laurel Street and Walnut Street within the HickmanWest Industrial Park. The Mayorput the question upon the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nayes:none.Motion carried 5 to O. Mayor's Report.The Mayorreported:that the election polls would be open from 7:00 to 8:00 P.M.on November2;gave update on Phil Broderick property restortaion;introduced Ocuncil candidates in attendance;and reported on P &Z meeting concerning All State Gutter building addition and mobile homecourt sales office. lldministrator's Report.Brian reported replacement trees for P.Broderick had been tagged at Ree's Landscaping;possible use of Well #2 by the Fire Department was being checked into;and updated the Council on discussions of a redundancy water treatmentfacilitybyDesMoinesWaterWorks. Motion by Councilman Scott,seconded by CouncilmanGruber,to reimburse the Fire Department for investments that had been liquidated in relation to the Iowa Trust collapse by November15.Motion carried 5 to O. Mction by CouncilmanDuroy,seconded by CouncilmanGruber,to send Jim De Witt and Dean Farren to Fundamentals of Water Treatment classes at ISU weekly from October to December at a registration fee of $275.00 per person (fee includes all course materials andtestbooks).Motion carried 5 to O. Motion by CouncilmanDuray,seconded by CouncilmanClark,to approve payment of $364.00 to Ivan Myers for crop damagedue to Alice's Road construction.Motion carried 5 to O. Adjournment.Motion by CouncilmanGruber,seconded by CouncilmanDuray,to adjourn. Motion carried 5 to O.Meeting adjourned at 9:15 P.M. Attest: The October 18,1993 WaukeeCity Council meeting was called to order at 7:00 P.M.by MayorFloyd W.Rosenkranz with Bob Barrett taking minutes. Roll call was taken and the following Councilmenwere present:DonBailey,Jr.,Ray Clark, Frank Duroy,Nick Gruber and Curt Scott. Guests and staff present were:Brian Redshaw,Michelle Hillman,Chuch Johnson,Dennis Hanes,Ben Phillips,Brian Murray,Judy Murray,Stan Lawson,Bill Forbes,Mark Schmidt, Virginia Clark,Monica Lihs,DonHenson,DonWhite,Paul E.Huscher and Gery Haag. Agenda Additions.Mary Ann Estates drainage (9A);John Deere loader (HA);and Amendment to General Services Agreement (14A)were approved unanimously. Guests: Michelle Hillman -Waste Managementof Iowa.Michelle informed the Council that Waste Managementwas donating a park bench to the City of Waukeemade from 100%recycled plastic in recognition of citizen's recycling efforts. Open Fmum.Nothing. Treasurer's Report.Motion by CouncilmanDuroy,seconded by CouncilmanGruber to accept the September 1993 Treasurer's Report.Motion carried 5 to O. Fund Balance Report 728,578.32 288,175.56 13,455.81 8,162.05 Fund-General Road Use 656,359.21 19,478.58-1096,761.97 14,184.82-