HomeMy WebLinkAbout1993-11-15-Regular Minutes-46 -
Water Pro Supplies
WaukeeHardware
WaukeeMuni Gas
WCSCleaning
Total
Misc supplies
9/93 purchases
10/93 useage
9/93 City Hall cleaning
1,463.01
221.52
151.97
300.00
$149,102.25
Utility Deposit Refunds.Motion by CouncilmanGruber,seconded by CouncilmanClark,to
have City Staff develope a system to insure timely refunds of customer utility deposits
per customer instructions at time of utility service application.TIleMayor Pro-Temput
the question upon the motion and the roll being called,the following namedCouncilmen
voted:Ayes:Bailey,Clark,Gruber and Scott.Nays:Duroy.Motion carried 4 to 1.
University Avenue Patch Repair.Motion by CouncilmanGruber,seconded by CouncilmanClark,
to direct Maintenance to repair the University Avenuepatch that is settling.Motioncarried5toO.
Parks Cannittee -Clark.No report -next meeting scheduled for November9th.
Southfork Cannittee -S=tt.No meeting had been held.TIle guard rail across the dam isbeinginstalled.
Mayor's Report.No report •
.l\dm:ini.strator's Report.Motion by CouncilmanDuroy,seconded by CouncilmanScott,to
approve Bob Barrett attending the Municipal Clerks'Institute in Amesfrom March 21 to 25,1994.Motion carried 5 to O.
TIleBusinessmen's group is planning Waukee's quasguicentennial (125th)observationfor1994.
Adjournment.Motion by CouncilmanDuroy,seconded by CouncilmanScott,to adjourn.
Motion carried 5 to O.Meeting adjourned at 8:03 P.M.
Donald L.Bailey,Mayor Pro-TemAttest:
b~
The November15,1993 WaukeeCity Council re9Qlar meeting was called to order at 7:04 P.M.
by Mayor Floyd W.Rosenkranz with Bob Barrett taking minutes.
Roll was taken and the following Councilmenwere present:DonBailey,Jr.,Ray Clark,
Frank Duray and Nick Gruber.CouncilmanCurt Scott was absent.
Guests and staff present were:Brian Redshaw,DAnWhite,Paul E.Huscher,Bill Forbes,
Dennis Hanes,DonHenson,Monica Lihs,Terry Strain,Chet Chedester,Bob Herrick,Ben
Phillips,Brian Murray,Marcy Baldwin,Lois Doerr and Joanna Werch.
Agenda Additions.Street Lights (16A)was approved unanimously.
Approval Of OCtober 4th,18th and NoventJer 1st Minutes.Motion by CouncilmanGruber and
seconded by CouncilmanClark to approve the October 4th,18th and November1st Council
meeting minutes.Motion carried 4 to O.
Guests:
Family Counseling Center -Family WeekProclamation.Marcy Baldwin spoke about the
services of the Family Counseling Center and asked the Mayor to sign a proclamation
declaring the week of November21st as Family Week.
Open Forum.Nothing.
Bill Presentation.Motion by CouncilmanDuroy and seconded by CouncilmanGruber to
approve payment of claims submitted totaling $14,441.37.Motion carried 4 to O.
Vendor Purpose Amount
Baker &Tayor Books Materials $34.41
Broderick Animal Clinic Animal boarding 30.00
Classic Floral &Gifts Flowers 58.00
Dawson Materials 279.78
Demco Laminator film 74.34
DMWater Works Water usage 9,121.78
Farmers CoopElevator 10/93 Purchases 931.12
Fuller Standard 10/93 Purchases 346.89
Paul R.Huscher Professional services 40.00
Ia State Univ Press Book 10.36
Ingram Book Co.Materials 507.56
Midwest Power Electric usage 160.50
JLMShooters Supply Reloads 30.00
Lease Consultants Copier payment 72.31
Linda Mack Expenses 37.82
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Alissa Mills Videos 37.77
Olson Brothers 10/93 Purchases 1,006.03
Quality Ford Repairs 464.64
Dr.Bill Silag Programpresenter 21.00
Joy Tofteland Expenses 54.08
Paula Tomlinson Stencils &paint 33.64
USPostal Service Stamps 29.00
USWest Corom Telephone service 81.71
University Photo Negative processing 12.91
Visual Specialties Materials 20.00
Waste Management Trash service 383.00
WaukeeHardware 10/93 purchases 350.82
WaukeeMuniGas 10/93 purchases 40.66
Phil Webber Programpresenter 51.24
Debra Wityk 10/93 library cleaning 120.00
Total $14,441.37~«:Date For Hearing en Proposed Plans,Etc.For Mary Ann Estates Drainage InpI:ovenents
l'Project.The Council took up and considered the proposed MaryAnnEstates Drainage
ImprovementsProject.CouncilmanDuroy introduced resolution No.282 "To Provide For A
Notice Of Hearing On Proposed Plans,Specifications,FormOf Contract AndEstimates Of
Cost For The MaryAnnEstates Drainage ImprovementsProject,AndThe Taking Of Bids
Therefor"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,Duroy and Gruber.
Nays:None.Absent.Scott.Motion ca=ied 4 to O.Whereupon,the Mayordeclared the
said motion dUly ca=ied and the said resolution adopted.
Resolution Regarding Reintmrsenent Bond Regulations.After due consideration and
discussion,CouncilmanClark introduced the resolution next hereinafter set out and moved
its adoption,seconded by CouncilmanDuray.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 and Gruber.Nayes:norte.Absent:Scott.
Motion carried 4 to O.Whereupon,the Mayordeclared the resolution duly adopted as
hereinafter set out.f ~(JJ,,1)RESOLUTIONNO.283
()Resolution relating to financing of MaryAnnEstates Drainage ImprovementsProject
to be undertaken by the City;es tablishing canpliance with reimbursementbond
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 Incane Tax
Regulations (the "Regulations")dealing with the issuance 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 reimburse for such prior expenditures out of the proceeds of a
subsequently issued borrowing and that the bortrowiriqoccur and the reimbursement
allocation be made from the proceeds of such borrowing within a certain period after the
paymentof the expenditure or the date the project is placed in service.
(c)The City desire to canply with requirements of the Regulations with respect
to the Project hereinafter identified.
Section 2.Official Intent Declaration.
(a)The City proposes to undertake the MaryAnnEstates Drainage Improvements
Project (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 (the "Bonds")to be
issued after the date of paymentof all or a portion of the costs.It is estimated that
the total amountof Bonds to be issued for the Project will not exceed $100,000.00
(d)This declaration is a declaration of official intent adopted pursuant to
Section 1.150-2 of the Regulations.
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Section 3.Budgetary Matters.
As of the date hereof,there are no City funds reserved,allocated on a long t erm
basis or otherwise set aside (or reasonably expected to be reserved,allocated on a long
tenn basis or otherwise set aside)to provide pennanent financing for the expenditures
related to the Project,other than pursuant to the issuance of the Bonds.This resolution,
therefore,is detennined 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.
Section 4.ReimbursementAllocations.
The City's financial officer shall be responsible for making the "reimbursement
allocations"described in the Regulations,being generally the transfer of the appropriate
amountof proceeds of the Bonds to reimburse the source of temporary financing used by
the City to make paymentof 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 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 Bondresolution or other relevant legal documentsfor the Bonds,
and under any applicable state statute,which would apply to the unspent proceeds of theBonds.
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 approved November15,1993.
Floyd W.Rosenkranz
ATTEST:Mayor
Brian J.Redshaw
City Clerk
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~~Acceptance Of North 10th Water Main Project.After due consideration and discussion,
CouncilmanBailey introduced Resolution No.284 accepting the Certificate of Completion
of the North Tenth Street Water Main Extension Project and movedits adoption,seconded
by CouncilmanGruber.The Mayorput the question upon the adoption of the resolution and
the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,
and Gruber.Naye:none.Absent:Scott.Motion ca=ied 4 to O.Whereupon,the Mayor
declared the said motion duly ca=ied and the said resolution adopted.
Pay Estimate #1 -Alice's Road Project.Motion by CouncilmanDuray and seconded by
CouncilmanClark to approve payment of pay estimate #1 in the amountof $169,284.30 to
Eco Tech Contractors,Inc for work completed on the 1993 Alice's RoadGrading And Paving
ImprovementsProject.The Mayorput the question on the motion and the roll being called,
the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duray and Gruber.Nays:
none.Absent:Scott.Motion ca=ied 4 to O.
Pay Estimate #4 -Hickman West Industrial Park.Motion by CouncilmanBailey and seconded
by CouncilmanClark to approve paymentof pay estimate #4 in the amountof $167,070.32 to
Eco Tech Contractors,Inc for work completed on the 1993 HickmanWest Industrial Park
ImprovementProject.The Mayorput the question on the motion and the roll being called,
the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy and Gruber.Nayes:
none.Absent:Scott.Motion carried 4 to O.
Approval Of Revised Official Zoning Map.Brian presented an updated zoning map and asked
the Council to review and note co=ections needed in order to adopt an updated zoning
mapat the next Council meeting.
Planning &Zoning -Duroy.CouncilmanDuroy reported that Planning &Zoning had discussed
a possible zoning change for All-State Gutter and GrossmanFinal Plat.
Public safety -Gruber.Monthlyprinted report received from the Police Department.
Street Lights.The Council asked that installation of street lights along 6th Street at
the intersections of Northview,Bel-Aire and Waukeeand along AshworthDrive at the
intersections of 2nd and Wa=ior Lane be investigated.
Library ReporI:-Bailey.CouncilmanBailey reported on the Library Board of DirectorsmeetingofNovember4.
Mayor's Report.The Mayorreported that the annexation hearing before the SupremeCourt
was this morning;that there is continuing interest being shownin building in the Hickman
West Industrial Park;and Bob Ba=ett reported that per agreement with the Fire Chief the
investment moneydue the Fire Departmentwould be added to an existing deposit certificate
maturing on 11/25/93 in order to earn a better interest rate.
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l\dministrator's Report.Brian rep:>rted that the Census Bureau requires at Least;20
applications be received before testing in order to hire 7 to 10 people.Brian will
advertise in the Dallas County Newsand Roundupand contact Job Service.
Hiring Of Replacenent Maintenance IQsition.CouncilmanDuray reported that the Personnel
Conmittee met on November13 and recoomendsthe hiring of Bob Herrick effective 12-01-93
at $7.46 per hour,40 hours per week,performance review after 6 months with a $500.00
annual increase upon favorable review,all other benefits provided other full time
employees,with a one year probationary period.Motion by CouncilmanDuroy and seconded
by CouncilmanClark to approve the reconmendations of the Personnel Conmittee and to hire
Bob Herrick.The Mayorput the question on the notion and the roll being called,the
following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy and Gruber.Nayes:None.
Absent:Scott.Motion carr-ied 4 to O.
l\djournmant.Motion by CouncilmanDuray,seconded by CouncilmanGruber to adjourn.
Motion ca=ied 4 to O.Meeting adjourned at 8:02 P.M.
MayorFloyd Rosenkranz reconvened the Council meeting at 8:10 P.M.
that the first Council meeting in Decemberbe rescheduled from the
Council concu=ed.
Set Date Fbr Hearing On Proposed Plans,Etc.For Mary Arm Estates Drainage Irnpr:ovements
Project.Motion by CouncilmanBailey and seconded by CouncilmanClark to expunge all
Council actions taken on Resolution No.282 earlier this evening.The Mayorput the
question on the motion and the roll being called,the following namedCouncilmenvoted:
Ayes:Bailey,Clark,Duroyand Gruber.Nays:None.Absent:Scott.Motion carried 4 to O.
The Council took up and considered the proposed MaryAnnEstates Drainage Irrprovements
Project.CouncilmanBailey introduced the resolution next hereinafter set out and moved
its adoption,seconded by CouncilmanDuroy.After due consideration thereof by the Council,
the Mayorput the question on the motion and the roll being called,the following named
Councilmenvoted:Ayes:Bailey,Clark,Duroy and Gruber.Nayes:None.Absent:Scott.
Motion ca=ied 4 to O.Whereupon,the Mayordeclared the said motion duly ca=ied and
the said resolution adopted,as follows:
The Mayorrequested
6th to the 7th and the
Resolution No.285
To provide for a notice of hearing on proposed plans,specifications,form of
contract and estimate of cost for the MaryAnnEstates Drainage Irrprovements
Project,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 irrprovementbe constructed as described
in the proposed plans and specifications and form of contract prepared by Veenstra &Kinm,
Inc.,the Project Engineers for such public irrprovement,which maybe hereafter refe=ed
to as the "MaryAnnEstates Drainage IrrprovementsProject"(and is sometimeshereinafter
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,THEREFCRE,Be It Resolved by the City Council of the City of Waukee,Iowa as
follows:
Section 1.The detailed plans and specifications,notice of hearing and notice to
bidders,form of contract and estimate of cost refe=ed 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 accourrpanyeach 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
30th day of November,1993,at 10:00 o'clock a.m.,at the Council Chambersat the City Hall,
Waukee,Iowa.The 7th day of December,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 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 madenot less than four nor
more than twenty days prior to the time of the said hearing,all in conformity with
Chapters 362 and 384 of the Codeof Iowa.The said notice shall be in the form
substantially as attached to this resolution.
L __~_._,,.,.___._--------,~--._---~-----..--.-.----..----.-.-.-..------..-
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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 November15,1993.
Floyd W.Rosenkranz
Mayor
Attest:
Brian J.Redshaw
City Clerk -
NanCE OF HEARINGANDLETTING
NOTICEOF PUBLICHEARINGONPLANSANDSPECIFICATIONS,PROPOSEDFORMOF CONTRACTAND
ESTIMATEOF COSTFORCONSTRUCTIONOFMARYANNESTATESDRAINAGEIMPROVEMENTSFOR·THE
CITYOFWAUKEE,ICWA,ANDTHETAKINGOFBIDSTHEREFOR
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
30th day of November,1993,for the construction of Mary Ann Estates Drainage 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 7th day of December,1993,the City Council of said City will,in said
Council Chambers,hold a hearing and said Council proposes to adopt plans,specifications,
foun of contract and estimate of cost and,at the time,date and place specified above,
or at such time,date and place as then may be fixed,to act upon proposals and enter intoacontractfortheconstructionofsaidirrprovements.
The work to be done is as follows:
Mary Ann Estates Drainage Improvements
Construct Mary Ann Estates Drainage Improvementsincluding all labor,materials and
equt.pnerrtnecessary for 463 linear feet of 12-inch to 24-inch s torm sewer in open cut,-
50 linear feet of 24-inch stoun sewer augered in place,manholes,area intakes,grading,
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 now on file in the office of the City Clerk of
Waukee,Iowa,and by this reference made a part thereof as though fully set out andincorpcratedherein.
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 made for a more detailed and canplete 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 foun ofcontractmadebyanyinterestedparty.
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 official fozrn
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 foun furnished by the municipality and must be
accanpanied in a sealed envelope by either (1)a certified or cashier's check drawn on a
solvent Iowa bank or a bank chartered under the laws of the United States or a certified
share draft drawn on a credit union in Iowa or chartered under the laws of the United
States,in an amount equal to ten percent (10%)of the bid,or (2)a bid bond executed by
a Corpcration authorized to contract as a surety in the State of Iowa,in the penal sumoftenpercent(10%)of the bid.
The bid security should be made payable to THECITYOFWAUKEE,ICWA.The bid security
must not contain any conditions either in the body or as an endorsement thereon.The bid
security shall be forfeited to the City as liquidated damages in the event the successful
bidder fails or refuses to enter into a contract within ten (10)days after the award of
contract and post bond satisfactory to the City insuring the faithful fulfillment of the
contract and the maintenance of said work,if required,pursuant to the provisions of
this notice and other contract documents.Bidders shall use the bid bond form bound inthespecifications...By virtue of statutory authority,preference will be given to products and provisions
grown and coal produced within the State of Iowa,and to Iowa domestic labor,to the
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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 fran 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 herein contained and shall guarantee the prompt
paymentfor all materialS and labor and protect and save harmless the City fran claims
and damagesof any kind cuased 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.
Workon said project shall commencewithin ten (10)days of written Notice to Proceed,
Storm sewer,area intakes and grading improvementsshall be completed by March 1,1994.
All remaining work shall be canpleted by May31,1994.
Liquidated damagesin the amountof Five HundredDollars ($500.00)per calendar day will
be assessed for each day the work shall remain uncompletedafter March1,1994 for storm
sewer,manholes,area intakes and grading improvementswith due allowance for extensions
of the contract period due to conditions beyond the control of the Contractor.Additional
liquidated damagesin the amountof Five HundredDollars ($500.00)per calendar day will
be assessed for each day the work shall remain uncompletedafter May31,1994 for all
remaining work items with due allowance for extensions of the contract period due to
conditions beyond the control of the Contractor.
Paymentof 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 canpleted and paymentsmade
to material suppliers for materials ordered specifically for the project or delivered to
the site during the preceding calendar month.Estimates will be prepared on the last day
of each monthby the Contractor,SUbject to the approval of the Engineer,whowill
certify to the City for paymenteach approved estimate on or before the tenth (10)day of
the following month.Such monthly paymentsshall in no waybe construed as an act of
acceptance for any part of the work partially or totally completed.Uponcompletion of
the work and its acceptance by the City Council,the Contractor will be paid an amount
which,together with previous payments,will equal 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 canpleted contract,subject to the conditions and in accordance with
the provisions of Chapter 573 of the Codeof Iowa.No such partial or final payments
will be due until the Contractor has certified to the City that the materials,labor and
services involved in each estimate have been paid for in accordance with the requirements
stated in the specifications.
Before final paymentwill be made,the Contractor shall file,in duplicate,with the
Engineer an itemized statement showingthe amountof Iowa Sales Tax,or Use Tax,and to
whanpaid 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 Fifteen Dollars ($15.00)for each set.No refund will be made.
This notice is given by order of the Council of the City of Waukee,Iowa.
CITYOFWAUKEE,ICWA
By:Floyd Rosenkranz,Mayor
ATTEST:
Brian Redshaw,City Clerk/Administrator
Adjournment.Motionby CouncilmanDuroyand seconded by CouncilmanClark to adjourn.
Motioncarried 4 to O.Meeting adjourned at 8:12