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HomeMy WebLinkAbout1993-10-18-Regular Minutes-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- -39 - Debt Service water Sewer Gas Fund Totals 13,227.61- 31,600.75 331,956.27- 198,292.27- 125,005.23 .71 51,843.40 23,017.38 18,972.68 835,868.30 .00 18,703.52 7,851.64 40,539.06 363,431.83 13,226.90- 64.740.63 316,790.53- 219,858.65- 597,441.70 Bill Presentation.Motion by Councilman Duray,seconded by Councilman Gruber,to approve payment of claims submitted totaling $2,530.90.Motion carried 5 to O. Vendor Purpose Baker &Taylor Books Materials Border's Book Shop Materials Brodart Co.'Office Supplies Roberta Daggett Posters Dallas County News SUbscription Dawson Materials Demco Office supplies Ingram Book Co.Materials Midwest Power 9/93 useage Lease Consultants Copier payment Linda Mack Expenses Reed Reference Publishing Reference Book Genene Redshaw Banners Joy Tofteland Expenses Ulverscorft Materials US Postal Service Stamps US West Corrrn,Monthly Service Waste Management 10/93 garbage service Waukee Muni Gas 9/93 gas service Debra Wityk 9/93 custodial service Total Amount $199.59 30.48 23.68 52.00 25.00 31.59 71.25 492.02 270.93 72.31 253.91 454.75 56.30 123.38 89.80 29.00 94.41 8.00 32.50 120.00 $2,530.90 Hearing On Lease Purchase Agreement For Fire Truck.Brian reported that there had been no written or oral cc:mrents received concerning the lease/purchase agreement.Motion by Councilman Scott,seconded by Councilman Clark to enter into a lease/agreement and borrow money in the principal amcunt of $150,000 with Centre Pointe Leasing Co.,Inc.for the purchase of a 1994 FL70 Freightliner Fire Truck.The Mayor put the question upon the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey, Clark,Duray,Gruber and Scott.Nays:none.Motion carried 5 to O. Mary Arm Estates Drainage Project.Brian and Judy Murray spoke to the Council concerning the Mary Ann Estates drainage project.They were told that the street project design specifications had to be canpleted first and with that finished the drainage project is being finalized with construction being done during the winter and finished before spring. Hearing 0 Plans &Specs For 1993 Street Program.The Mayor announced this was the time and place set for hearing and inspection of bids for the proposed 1993 Street Program. Upon investigation,it was found that no persons had appeared and filed objections to the proposed plans,specifications or contract for or cost of such 1993 Street Project; whereupon,the Mayor declared the hearing closed. Resolution Finally Approving Plans &Spec.Councilman Clark introducted the following resolution and moved its adoption,seconded by Councilman Bailey;and after due consideration thereof by the Council,the Mayor put the question upon the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark,Duray, Gruber and Scott.Nays:none.Motion carried 5 to O. Whereupon,the Mayor declared the said motion du.Ly carried and the resolution adopted as follows: RESOLUTION NO.279 f J,1:inallY approving and confirming plans,specifications and form of contract for the 1993 Street Program WHEREAS,this Council has heretofore approved plans,specifications and form of contract for the proposed 1993 Street Program (the "Project"),as described in the resolution providing for a notice of hearing on proposed plans and specifications,proposed form of contract and estimate of cost of the Project and the taking of bids therefor;and WHEREAS,hearing has been held on objections to the proposed plans,specifications and form of contract and to the cost of the Project and all objections thereto have been overruled; NCW,TIJEREFORE,IT IS RESOLVED by the City Council of the City of Waukee,Iowa,as follows: Section 1.The plans,specifications and form of contract referred to in the preamble hereof are hereby finally approved,and the prior action of the Council approving them is hereby finally confirmed,and the Project,as provided for in the plans, specifications and form of contract,is necessary and desirable. -40 - Section 2.All resolutions or parts of resolutions in conflict herewith are herebyrepealedtotheextentofsuchconflict. Passed and approved October 18,1993. Floyd W.Rosenkranz ATIEST:Mayor Brian J.Redshaw City Clerk Cbnsideration Of Bids.The Mayorannouncedthat bids for the construction of the 1993 _ Street Programhad been received,opened and read by the City Clerk at 10:00 o'clock a.m., at the Council CharIDersat the City Hall,on October 14,1993,and that this was the time and place set for the consideration of such bids. Thereupon,the City Clerk reported the results of the bidding,and the Project Engineers made their recommendationsthereon to the Council.The bids received for construction of the 1993 Street Programare as follows: Grimes Asphalt and Paving Corp.$127,756.50 P.O.Box 159 Grimes,Iowa 50111 AwardingCbntract For 1993 Street Program.CbuncilmanScott introduced a resolution entitled:"Resolution awarding contract for the 1993 Street Program",and movedthat the said resolution be adopted;seconded by CouncilmanDuroy;and after due consideration thereof by the Council,the Mayorput the question upon the motion 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 said motion duly carried and the said resolution duly adopted. RESOLUTIONNO.280~'1P Awardingcontract for the 1993 Street Program ~WHEREAS,pursuant to notice duly published in the manner and form prescribed by resolution of this Council and as required by law,bids and proposals were received by the City Clerk and reported to this Council for the 1993 Street Program (the "Project");_and WHEREAS,all of the said bids and proposals have been carefully considered,and it is necessary and advisable that provision be made for the award of the contract for theProject; NOI,THEREFORE,IT IS RESOLVEDbythe City Council of the City of Waukee,Iowa,asfollows: Section 1.The bid for the Project submitted by the following contractor is f'uLly responsive to the plans and specifications for the Project,heretofore approved by the Council,and is the lowest responsible bid received,such bid being as follows: Nameand Address of COntractor Amountof Bid Grimes Asphalt and Paving Corp. P.O.Box 159 Grimes,Iowa 50111 $127,756.50 Section 2.The contract for the Project is hereby awarded to such contractor at the total estimated cost set out above,the final settlment to be madeon the basis of the unit prices therein set out and the actual final quantities of each class of materials furnished,the said contract to be subject to the terms of the aforementioned resolution, the notice of hearing and letting,the plans and specifications and the terms of thebidder's written proposal._ Section 3.The Mayorand City Clerk are hereby authorized and ordered to enter into a written contract with said contractor for the Project,said contract not to be binding until approved by resolution of this Council. Section 4.The amountof the contractor's performance and/or payment bonds is hereby fixed and determined to be 100%of the amountof the contract. Passed and approved October 18,1993. Floyd W.Rosenkranz Attest: Brian J.Redshaw Mayor City Clerk -41 - Approving Cbntract And Bond.After due consideration and discussion,CouncilmanDuroy introduced and moved the adoption of the resolution next herein set out,the same being a resolution approving executed contract and performance and/or payment bonds for the 1993 Street Program.The motion was seconded by Councilman Clark and passed with record vote as follows:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nays:none.Motion ca=ied 5 to O.Thereupon,the Mayor declared the resolution duly adopted. 4\RESOLUTIONNO.281~(}G Approving contract and performance and/or payment bonds for the 1993 Street Program WHEREAS,the City Council of the City of Waukee,Iowa,has heretofore awarded a contract as follows: Nameand Address of Contractor Grimes Asphalt and Paving Corp. P.O.Box 159 Grimes,Iowa 50111 for the 1993 Street Program (the "Project")and fixed the amount of the performance and/ or payment bonds to be furnished by such contractor,and instructed and authorized the Mayorand City Clerk to execute the said contract on behalf of the City,SUbject to the approval of the Coucil;and WHEREAS,the said contract has been duly signed by the contractor and by the Mayor and City Clerk,and upon examination by this Council the same appears to be in proper form;and Amountof Bid $127,756.50 WHEREAS,the contractor has filed satisfactory performance and/or payment bonds in the required amount,as follows: Nameof Surety United Fire &Casualty Company Holmes,Murphy&Associates,Inc. 420 Keo Way Des Moines,Iowa 50309 NCW,THEREFORE,IT IS RESOLVEDby the City Council of the City of Waukee,Iowa,as follows: Amountof Bond(s) $127,756.50 Section 1.The aforementioned contract and performance and/or payment bonds are hereby approved and declared to be binding upon the parties thereto. Section 2.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved October 18,1993. Mayor Floyd W.Rosenkranz Attest: Brian J.Redshaw City Clerk Change 0J:der 1/1 Fbr 1993 Street Program.Motion by Councilman Scott,seconded by CouncilmanClark,to appove 1993 Street Program Change Order No.1 extending the completion date for the project from December1,1993 to May31,1994.After due consideration thereof by the Council,the Mayor put the questionupon the motion and the roll being called,the following namedCouncilmenvoted:Bailey,Clark,Duroy,Gruber and Scott.Nays:none.Motion carried 5 to O. John Deere Loader.Gery Haag and Chuck Johnson discussed the options available to the City with regards to keeping or trading-in the JD544Eloader.After due consideration, motion by Councilman Duroy,seconded by Councilman Clark,to retain the 1991 JD544ELoader. The Mayor put the question upon the adoption of the motion,and the roll being called, the following named Councilmen voted:Ayes:Bailey,Clark,Duray,Gruber and Scott.Nays: none.Motion ca=ied 5 to O. 1lmendmentTo Agreement Fbr General Services.Resident Review And Final Review Fbr The 1993 Street Program.After due considertion,motion by Councilman Scott,seconded by CouncilmanGruber,to approve the amendmentto agreement for general services as set out below.The Mayor put the question upon the adoption of the motion,and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nays:None.Motion ca=ied 5 to O. AMENDMENTTOAGREEMENT THISAMENDMENTTOAGREEMENT,made and entered into this 18th day of October,1993 by and between the CITYOF'WAUKEE,IOWA,hereinafter referred to as the "OWner,"or "City," party of the first part,and VEENSTRA&KIMM,INC.,a corporation organized and existing under the laws of the State of Iowa,party of the second part,hereinafter to as "Engineers." ------------- -42 - WITNESSETH:THATWHEREAS,the City desires to construct certain improvements to its municipal street system,with said improvements being refe=ed to as the uProject,"and WHEREAS,in an Agreement dated June 28,1993,the City retained the services of the Engineers to provide design services for the 1993 Street Program -Waukee,Iowa project,. and WHEREAS,the plans and specifications for the Project are complete and ready for bidding,and WHEREAS,the Agreement dated June 28,1993,provided that the fee for general services during construction,resident review and final review would be included in an amendment to the Agreement,and WHEREAS,the City desires to retain the Engineers to provide complete engineering services during construction of the Project. Nav,THEREFDRE,it is hereby agreed by and between the parties hereto that the Agreement dated June 28,1993,is amended by the following additions,deletions and modifications: 1.Under "13.CCMPENSATION,"delete paragraph "e."in its entirety and substitute the following: "e.The total fee for general services during construction,resident review and f'Lna.Lreview for the Project as outlined in "9.PRECONSTRUCTIONCONFERENCE,""10.GENERAL SERVICESDURINGCONSTRUCTION," "11.RESIDENTREVIEW,"and "12.FINALREVIEW,"for said improvements as outlined in "a."and "b."of "1.SCOPEOF PROJECT,"shall not exceed the sum of Fourteen Thousand Five Hundred and 00/100 Dollars ($14,500.00)." 2.Under"16.SERVICESNOTINCLUDED,"following paragraph "b."add the following: "Resident review services beyond the expiration of the original construction contract period are not included in the Amendment to Agreement.Additonal resident review shall be considered Extra Work." - 3.Under"18.TIMEOF CCMPLETION,"following paragraph "b."add the following: "The Engineers shall complete the work outlined in this Amendment to Agreement for the Project by the completion of the original construction contract plus a reasonable time for final completion of the general services during construction." Except as modified in this Amendment to Agreement,the terms and provisions of the Agreement dated June 28,1993,shall be applicable to work under this Amendment to Agreement. The undersigned do hereby convenant and state that this Amendment to Agreement is executed in duplicate as though each were an original and that there are no other oral agreements that have not been reduced to writing in this instrument. It is further convenanted and stated that there are no other considerations or monies contingent upon or resulting from the execution of this Amendment to Agreement,nor have any of the above been implied by or for any party to this Amendment to Agreement. IN WITNESSWHEREOF,the parties have hereunto subscribed their names on the date first written above. - CITY OF WAUKEE,IavA ATTEST: By,-;;-;===-_ Mayor City Clerk VEENSTRA&KIMM,INC.ATTEST: By ---;o;--,-,-,~,.---,-------President By _ Panda Supply Agreement.William Houston of U.S.Energy Services,Inc.will be invited to the November 13th Utility Committee meeting to discuss the City's options in regards to our gas supply agreement with Panda. Go!Contracting Supplemental Agreement.Brian and Bill Forbes met with Phil Broderick and GMContracting to discuss items that still need to be resolved concerning the Hickman Road Trunk Sewer Line. Planning &Zoning -Duroy.Printed minutes of the July 20 and September 28 meetings werereceived. Public Safety -Gruber.Printed report received from the Police Dept.Councilman Gruber reported that the Public Safety Committee would be meeting October 23 at 9:00 A.M.at City Hall with the Fire Chief,First Responders Captain and Police Chief. Library Report -Bailey.No report. Mayor's Report.November Council meeting dates will stay on the 1st and 15th. -43 - lIdministrator's Report.Motion by Councilman Bailey,seconded by Councilman Gruber to approve the multi-flo agreement between the City of Waukee and the signatories to the agreement.Motion carr-ied 5 to O. AGREEMENT An agreement entered into on this 18th day of October,1993,by and between the CITYOF WAUKEE,IONAan Iowa general partnership,THE KEN BRATNEYCCMPANY,an Iowa corporation and WAUKEEREALESTATEASSOCIATES,an Iowa general partnership (hereinafter referred to as "Owners"). WHEREASthe Owners are presently the owners collectively of all of the lots in Hickman West Industrial Park Plat 1 and Hickman West Industrial Park Plat 2,both Official Plats located in and forming a part of the City of Waukee,Iowa. WHEREASthe Owners are installing a Multi-Flo System for sanitary sewer proposes for service to all the lots in Hickman West Industrial Park Plat 1 and Hickman West Industrial Park Plat 2;and WHEREASthe Owners will need to use certain of the City sanitary sewer facilities in conjunction with the installation of said Multi-Flo System;and WHEREASthe parties are desirous of entering into a formal agreement with respect to this installation and the relationship between the Owners and the City in this matter. NON THEREFORE,the parties in consideration of the mutal promises and covenants contained herein hereby agree as follows: 1.The Owners agree to assume all responsibility and liability for the construction, installation,maintenance and repair of the Multi-Flo System for use in conjunction with Hickman West Industrial Park Plat 1 and Hickman West Industrial Park Plat 2. 2.The City hereby grants to the Owners the right to access to the City's sanitary sewer area for the purposes of construction,installation,maintenance and repair of the Multi-Flo System. 3.In particular,the City agrees that the Owners may install pumps in the City sewer manholes,which pumps are connected to the Multi-Flo System. 4.The Owners agree to assume the full cost of all installation,maintenance and repair of the aforesaid pumps and the repair of any damage caused to the City sanitary sewer system by the installation,construction,maintenance and repair of the aforesaid pumps. 5.The Owners hereby agree to indemnify and hold the City harmless with respect to any damage,cause of action or liability which may arise out of or in conjunction with the installation,construction,maintenance and repair of the aforesaid Multi-Flo System for service to Hickman West Industrial Park Plat 1 and Hickman West Industrial Park Plat 2. 6.In particular,the Owners acknowledge that at such time as gravity sewer service becomes available for the above-referenced industrial parks,that the sanitary sewer lines will have to be flushed and cleaned,the pumps removed,the manholes reconstructed according to the City of Waukee's standards and specifications,and all costs and responsibilities for said flushing,cleansing,pump removal and manhole reconstruction shall be the responsibility of the Owners. 7.This Agreement shall be binding on the Owners and any successors,assigns or transferees of the current Owners. CITY OWNERS CITY OF WAUKEE WAUKEELAND CCMPANY By _By _ THE KEN BRATNEYCCMPANY By _ WAUKEEREALESTATEASSOCIATES By ~_ AdjOUI:TI!lEmt.Motion by Councilman Duray and seconded by Councilman Clark to adjourn. Motion carried 5 to O.Meeting adjourned at 8:42 P.M.