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Home My WebLink About1993-12-07-Regular Minutes�~~~~---_.-_._.---_. -52 - The December7,1993 WaukeeCity Cotmcil regular meeting was call.ed to order at 7 :02 P.M. by Mayor Floyd W.Rosenkranz with Bob Ba=ett taking minutes. Roll was taken and the following Councilmenwere present:Don Bailey,Jr.,Ray Clark, Frank Duroy,Curt Scott and Nick Gruber. Guests and staff present were:Brian Redshaw,John Kuristus,Bill Forbes,John Grisso,Ben Phillips,Dennis Langel,Jim De Witt,Jr.,Dennis Gardiner,Monica Lihs,Brian Mu=ay, Judy Murray,Linda Mack,Kenneth Smith,Steve Gerberich,Oscar Stokka,John Wesselmann, Francis Forret,Robin Horkey,Paul E.Huscher,Al Scholes,Te=y Strain,Chet Chedester, Dennis Hanes,Ron Marr,Joe Finn,Joanna Werch and Ken Puncerelli. Agenda lIdditions.Holiday turkeys or hams for employees was approved unanimously. Approval Of Naveni:>er 15th Minutes.Motion by Councilman Gruber and seconded by Councilman Clark to approve the November15th Council meeting minutes.Motion carried 5 to O. Guests: Dermis Langel -WaukeeHardware &Variety.Dennis asked the Council to review its policy of buying from local merchants whenever possible and to remind City employees of this policy. Dennis Gardiner -FY92-93Audit.Dennis reviewed the FY92-93financial audit and answered questions. Dennis Hanes -FD Radio Purchase.Fire Chief presented information on the purchase of a radio for the new pumper.Motion by Councilman Duroy to purchase a Motorola Maratrac A-7 High Powered Mobile Radio from Electronic Engineering Companyfor $2081.00 as per bid, seconded by Councilman Gruber.The.Mayorput the question on the motion and the roll being called,the following named Councilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott. Nays:none.Motion carried 5 to O. Linda Mack -Iowa Humanities Grant.Linda asked the Council to set a budget amendment hearing for the Library in order to spend the grant moneythat the Library received ($750.00) and also the funds remaining in the Library savings account (approximately $116.00). Motion by Council Bailey,seconded by Councilman Scott,to set a budget amendmenthearing for January 3,1993 at 7:00 P.M.at City Hall.Motion ca=ied 5 to O. Ken Puncerelli -WildflCllllerValley Rezoning.Ken,representing Steve Grubb,presented a developnent concept for the approximate 55 acres at Boone Drive and University Avenue and asked that a rezoning hearing be set. Motion by Councilman Gruber,seconded by Councilman Scott,to set a rezoning hearing for January 3,1994 at 7:00 P.M.at City Hall.Motion carried 5 to O. Steve Gerberich.Steve asked the Council for permission to close Ashworth Drive north of - the triangle on December12 from 8:00 to 1:00 P.M.in order to photograph trucks arranged to spell NOEL.Motion by CouncilmanBailey,seconded by Councilman Gruber,to approve request.Motion carxi.ed 5 to O.Motion by Councilman Gruber,seconded by Councilman Clark,to set December19 as an alternate date at the same times.Motion carried 5 to O. Kenneth Smith -Fox Chase Developrent.Kenneth spoke to the Council about the proposed developnent of Fox Chase and the feasibility of Waukeeproviding utility services.No Council action taken. <:penFonnn.Nothing. Treasurer's Report.Motion by CouncilmanGruber,seconded by Councilman Clark,to approve the October 1993 Treasurer's Report.Motion carried 5 to O. FUNDBALANCEREPORT FUND-General Road Use Debt Service Water Sewer Gas $1096,761.97 14,184.82- 13,226.90- 64,740.63 316,790.53- 219,858.65- $597,441.70 $663,567.86 12,000.58 60,509.26 134,979.13 32,485.41 32,623.14 $936,165.38 $544,723.59 4,259.84 60,509.26 7,275.06 16,428.93 44,610.68 $677,807.36 $1215,606.24 6,444.08- 13,226.90- 192,444.70 300,734.05- 231,846.19- $855,799.72FUNDSTOTALS Bill Presentation.Motion by Councilman Duroy,seconded by Councilman Gruber,to approve payment of claims submitted totaling $31,991.90.Motion carried 5 to O. Vendor AT 0;T Border's Book Shop Computers,Etc. Dawson DMWater Works FormanFord Franklin Watts Fuller Standard Gardiner &Co. Mark Gruber Paul E.Huscher Purpose Long distance service Materials Hard drive repair Materials 11/93 useage Storm windows Material 11/93 purchases FY92-93audit 11/93 building permits 12/93 retainer Arrount $29.97 61.50 157.00 100.00 9,242.03 1,014.00 86.88 300.38 8,500.00 441.00 375.00 -53 - Paul R Huscher Ingram Book Co Midwest Power Lease Consultants Linda Mack Mapworks,Inc. TomMorain Olson Brothers Pin Oak Gallery Quali ty Ford The Building Inspectors US Postal Service USWest Communications Waste Management WaukeeBusiness Assoc. WaukeeHardware WaukeeMuni Gas wets Phil Webber HWWilson Co Debra Wityk Total 11/93 professional services Materials 11/93 useage Copier payment Expenses WaukeeMap Lecture series mileage 11/93 mileage candles Repairs 11/93 building permits stamps 12/93 service· 11/93 service Annual Contribution 11/93 purchases 11/93 useage 11/93 City Hall Cleaning Outreach program Material 11/93 Custodial service 136.00 173.43 4,224.77 72.31 99.96 200.00 25.20 388.41 71.96 526.25 2,218.00 29.00 743.92 326.30 750.00 339.24 868.52 . 300.00 25.62 45.00 120.00 $31,991.90 Maryann Estates Drainage Project. Hearing On Plans And SpecifiCations,Proposed Fonn Of Contract And Estimate Of Cost For Construction Of Maryann Estates Drainage ImpJ:uvementsFor The City Of Waukee.The Mayor announced this was the time and place set for hearing and inspection of bids for the proposed Mary Ann Estates Drainage ImprovementsProject. Uponinvestigation,it was found that no persons had appeared and filed objections to the proposed plans,specifications or contract for or cost of such Mary Ann Estates Drainage ImprovementsProject whereupon,the Mayordeclared the hearing closed. CouncilmanDuroy introduced the fo.LLowresolution and movedits adoption,seconded by CouncilmanClark;and after due consideration thereof by the Council,the Mayorput the question upon the motion and the roll being called,the following namedCouncilmenvoted: Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nays:none recorded.Motion carried 5 to O. Whereupon,the Mayordeclared the said motion duly ca=ied and the resolution adopted as follows: RESOLUTIONNO.286 ,'x -:;\.0 MaryFinalA1YaEPprtovtingDan~confIirming PlantS'ps~Citfications and form of contract for the~~ru nn s a es ralnage mprovemens roJec WHEREAS,this Council has heretofore approved plans,specifications and form of contract for the proposed Mary Ann Estates Drainage ImprovementsProject (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,THEREFORE,IT IS RESOLVEDby 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. Section 2.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approve December7,1993. Floyd W.Rosenkranz Mayor ATTEST: Brian J.Redshaw City Clerk Award Of Contract.The Mayor announced that bids for the construction of the Mary Ann Estates Drainage ImprovementsProject had been received,opened and read by the City Clerk at 10:00 o'clock a.m.,at the COuncil Chambers,City Hall,on November30,1993,and that i,L ........_,._ -54 - 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 recoomendations thereon to the Council.The bids received for the construction of the Mary AnnEstates Drainage IrrprovementsProject are as follows: Rhiner's PlumbingCcmpany,Inc.$83,603.00 15201 HickmanRoad Waukee,Iowa 50263 R.G.Elder &Son corrpany 5088 East University Des Moines,Iowa 50317 $67,628.62 McAninchCorporation 525 SW5th Street,Suite A Des Moines,Iowa 50306 $71,891.10 Van Hauen &Associates,Inc. 1360 NW105th Place Clive,Iowa 50325 $94,791.50 The UndergroundCorrpany,Ltd. 4214 Fleur Drive,Suite 5 Des Moines,Iowa 50321 $76,158.10 CouncilmanBailey introduced a resolution entitled:"Resolution awarding contract for the Mary AnnEstates Drainage IrrprovementsProject",and movedthat the said resolution be adopted;seconded by CouncilmanClark;and after due consideration thereof by the Council,the Mayorput the question upon the motion and the roll being called,the following namedCouncil Membersvoted:Ayes:Bailey,Clark,Duray,Gruber and Scott.Nays:none' recorded.Motion carried 5 to O. Whereupon,the Mayordeclared the said motion duly carried and the said resolutiondulyadopted. RESOLUTIONNO.287 Awardingcontract for the Mary AnnEstates Drainage IrrprovementsProject 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 MaryAnn Estates Drainage Irrprovements Project (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 the Project; NCW,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 fully' 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 Arrountof Bid R.G.Elder &Son Corrpany 5088 East University Des Moines,Iowa 50317 $67,628.62 Section 2.The Contract for the Project is hereby awarded to such contractor at the total estimated cost set out above,the final settlement 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 the bidder'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 amount of the contractor's performance and/or payment bonds is hereby fixed and determined to be 100%of the arrount of the contract. Passed and approved December7,1993. - Floyd W.Rosenkranz Mayor ATTEST Brian J.Redshaw City Clerk -55 - Approval Of Contract &Bonds.After due consideration and discussion,CouncilmanClark introduced and movedthe adoption of the resolution next herein set out,the same being a resolution approving executed contract and performance and/or payment bonds for the MaryAnn Estates Drainage IrrprovementsProject.The motion was seconded by Councilman Duroy and passed with record vote as follows:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nays:none recorded.Motion carried 5 to O. Therefore,the resolution was declared adopted,as follows: RESOLUTIONNO.288I\.~~(]\Approving contract and performance and/or payment bonds for the Mary Ann Estates Drainage Irrprovement Project WHEREAS,the City Council of the City of Waukee,Iowa,has heretofore awarded a contract as follows: Nameand Address of Contractor Amountof Bid $67,628.62R.G.Elder &Son Company 5088 East University Des Moines,Iowa 50317 for the Mary Ann Estates Drainage Irrprovements Project (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 Council;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 WHEREAS,the contractor has filed satisfactory performance and/or payment bonds in the required amount,as follows: Nameof Surety Merchants Bonding Corrpany c/o Kirke-Van Orsdel,Inc. 777 Third Street Des Moines,Iowa 50309 Amountof Bond(s) $67,628.62 NCW,THEREFDRE,IT IS RESOLVEDby the City Council of the City of Waukee,Iowa,as follows: 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 December7,1993. Floyd w.Rosenkranz Mayor ATTEST: Brian J.Redshaw City Clerk )I)~Railroad Agreement.CouncilmanClark introduced and movedthe adoption of Resolution11'No.289 approving executed license agreement for the 24-inch storm sewer crossing of Chicago and North Western Transportation Corrpanyright-of-way for the Mary Ann Estates Drainage Irrprovements Project and authorizing the payment of the one time rental charge of $475.00.The motion was seconded by CouncilmanBailey and passed with record vote as follows:Ayes:Bailey,Clark,Duroy,Gruber.Nays:Scott.Motion carried 4 to 1. Engineering services Arrendment.CouncilmanBaiiey introduced and movedthe adoption of Resolution No.290 approving the amendmentto the Veenstra &Kimm,Inc.agreement forcPgeneralservices,resident review and final review for the Mary Ann Estates Drainage ~~-project,total cost for the project is based on an hourly rate with a ceiling of $11,600.00. (f The motion was seconded by Council Duroy and passed with record vote as follows:Ayes: Bailey,Clark,Duroy,Gruber and Scott.Nays:none recorded.Motion carried 5 to O. Council TermOJ:dinance.CouncilmanClark introduced Ordinance No.2173 entitled:"An Ordinance To AmendSection 101.5,NumberAnd TermOf Council,WaukeeMunicipal Code,By Providing For Four (4)Year Terms And Staggered Elections,Pursuant To Special Proposition Carried At Election Held November27,1984." Motion by CouncilmanDuroy,seconded by CouncilmanScott,to have the City Clerk read the aforementioned ordinance.The Mayorput the question on the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nays:none recorded.Motion carried 5 to O.Whereupon,the Mayordeclared c ~._.,.__.__" -56 - that said ordinance had been given its initial passage.Brian read the followingordinance: ORDINANCENO.2173 ANORDINANCETOAMENDSECTION101.5,NUMBERANDTERMOF COUNCIL,WAUKEEMUNICIPAL CODE,BYPROVIDINGFORFOUR(4)YEARTERMSANDSTAGGEREDELECTIONS,PURSUANTTO SPECIAL PROPCSITIONCARRIEDAT ELECTIONHELDNOVEMBER27,1984. Section 1.l\mendment.Section 101.5,WaukeeMunicipal Code is hereby deleted,andthefollowingprovisionisinsertedinlieuthereof: §101.5.Number and Term of Oouncil.The council consists of five (5) council memberselected at large for four (4)year terms;three of whom elected in 1985 and each 4 years thereafter;and two of whomelected in 1987andeach4yearsthereafter. Section 2.Repealer.All ordinances or parts of ordinances in conflict with theprovisionsofthisordinanceareherebyrepealed. Section 3.Severability Clause.'If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the.validity of the ordinance as a whole or any section,provision,or part thereofnotadjudgedinvalidorunconstitutional. Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the Council this 7th day of December,1993,and approved this 7th day ofDecember,1993. Floyd W.Rosenkranz Mayor Attest: Brian J.Redshaw Brian J.Redshaw,City Clerk Motion by Councilman Gruber,seconded by Councilman Clark,that the statutory rule requiring said ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended.The Mayorput the question on the motion .and the roll being called,the following named Councilmenvoted: Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nays:None recorded ..Motion carried 5 to O. WhereuIxmthe Mayor declared the motion duly carried. Motion by Councilman Gruber,seconded by Councilman Duroy,that the aforementioned ordinance now be put upon its final passage and adoption and the roll being called,the following named Councilmenvoted:Ayes:Bailey,Clark,Duray,Gruber and Scott.Nays: none recorded.Motion carried 5 to O.Whereupon,the Mayor declared the motion dulycarriedandOrdinanceNo.2173 du.Iy adopted. Maintenance Department Hiring Of Public Works Supervisor.Motion by Councilman Duray,seconded by Councilman Gruber to hire John Wesselmannas Public Works Supervisor at $28,500.00 per year,$1000.00 salary increase after successful completion of one year probation,eligible for any general salary increase granted employees,and all other benefits provided to full time City employees,employmentto begin December22,1993 subject to successful physical examination and drug testing.The Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark,Duray,Gruber.Nays:Scott.Motioncarraed4to1. MDComputerPurchase.Motion by Councilman Duroy,seconded by Councf.IrnanGruber,to include the purchase of a computer for the Maintenance Department in the January 3rd budget amendmenthearing at a cost not to exceed $3000.00.Motion carried 5 to O. Interrogator Purchase.Motion by Councilman Duray,seconded by Councilman Clark,to purchase an interragater with belt assembly,auxilary canmunication rack and touchgun for $4595.00 from Municipal Supply,Inc.The Mayor put the question on the motion and the roll being called,the following named Councilmenvoted:Ayes:Bailey,Clark,Duray, Gruber and Scott.Nays:none recorded.Motion ca=ied 5 to O. 1973 International Repair.Motion by Councilman Duray,seconded by Councilman Clark to purchase a new engine ($3277.00),labor (400.00)and governor ($400.00)with a 12,000 mile warranty for the 1973 International dumptruck.The Mayor put the question on the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey, Clark,Duray,Gruber and Scott.Nays:none recorded.Motion carried 5 to O. - -57 - Mailbox Repair Policy.After considerable discussion,the concensus of the Council was to consider damagedmailboxes on a case by case basis. Motion by CouncilmanDuray,seconded by CouncilmanClark,to repair the mailbox at 255 Locust.Motion carried 3 to 2,CouncilmanGruber and Scott voting no. Class C Liquor License -"The Bank".Motion by CouncilmanDuray,seconded by Councilman Clark,to approve a class C liquor license for The Bank.The Mayorput the question on the motion and the roll being called,the following namedCouncilmanvoted:Ayes:Bailey,Clark, Duroy,Gruber and Scott.Nays:Nonerecorded.Motion cartrded 5 to O. Pay Estimate #1 -GrillEs Asphalt.Motion by CouncilmanBailey,seconded by Councilman Scott,to approve Partial PaymentEstimate No.1 in the amount of $8,076.79 for work completed from October 18,1993 to November30,1993 under the contract between the City of Waukeeand Grimes Asphalt and Paving Corp.The Mayorput the question on the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark, Duroy,Gruber and Scott.Nays:none recorded.Motion ca=ied 5 to O. Trailer Court Entrance.Communicationsfrom Dave Moeller,lOOT,and Snyder &Associates, Project Engineers,for Council information only. MJnumentSigns In M-l District.Proposed ordinance change to be discussed at January meeting. Utilities Cmmittee -Gruber. Prorated Sewer Usage.The Council decided that sewer bills will not be prorated,that the use of an outside/irrigation meter is the accepted method to accomplish the desired objective. U.S.E.S.Supply Agreement.Additional information is needed before any action will be taken. Parks Ccmnittee -Clark.Printed minutes received. Southfork Ccmnittee -Scott.Nomeeting. Holiday Turkeys Or Hans For Enployees.Motion by CouncilmanDuray,seconded by Councilman Clark,to purchase turkeys or hams for all full-time City employees and part-time employees regularly scheduled to work 25 hours or more per week,cost not to exceed $20.00 per person,to enhance worker productivity and as a small token of the Council and City's appreciation of all City Staff's hard work and dedication.The Mayorput the question on the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey, Clark,Duroy,Gruber and Scott.Nays:none recorded.Motion carried 5 to O. Mayor's Report.The Mayorreported census takers are still needed,the Lion's will be contacted about helping. Administrat='s Report.No Report. Adjo1JITIlrent.Motion by CouncilmanDuroy,seconded by CouncilmanClark,to adjourn. Motion carried 5 to O.Meeting adjourned at 10:42 P.M. F~~ATTEST: Bd e The peceroer 20,1993 WaukeeCity Council regular meeting was called to order at 7:04 P.M. by MayorFloyd W.Rosenkranz with Bob Barrett taking minutes. Roll was taken and the following Councilmenwere present:DonBailey,Jr.,Ray Clark, Frank Duroy,Nick Gruber and Curt Scott. Staff and guests in attendance were:Brian Redshaw,Paul E.Huscher,Larry Phillips,Dan White,Dianna Van Zee,Toni Lestina,Ben Phillips,Monica Lihs,TomMehl,Virginia Clark, Chet Chedester,Dennis Hanes,Becci McGowen,Don Henson,Ron Ma=,John Burchen,Dan Eagen and Joanna Werch. Agenda Additions.Street lights along 6th Street at the intersections of Northview, Bel-Aire and Waukee(lOA);HickmanRoad trunk sewer line extension (llA).Motion by CouncilmanClark to approve the agenda additions,seconded by CouncilmanDuroy.Motion carried 5 to O. Guests: Larry J.Phillips -Police Software.Motion by Counci.l.rnBnDuroy to approve the purchase of the Basic "Crisp"software package for $1,800.00 plus the-"Citations"and "Calls For I Service"modules for $900.00 -total expenditure of $2,700.00,seconded by Councilman Gruber.The Mayorput the question upon the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.l.__