The URL can be used to link to this page

Home My WebLink About1997-01-20-Regular MinutesThe January 20,1997 Waukee City Council meeting was called to order at 7:00pm by Mayor Donald L.Bailey. Roll Call.A roll call vote was taken and the following Council Members were present:Nick Gruber,Robyn Heath,Monica Lihs,Dan Lugar,and Terry Strain.Absent:None. Open Forum.Jim DeWitt expressed concerns about snow removal of sidewalks. Agenda Additions -Agenda Approval.Motion by Councilman Gruber,seconded by Strain,to approve the agenda.The Mayor asked for a voice vote.Motion carried. Consent Agenda -A)1/06/97 Council Minutes;and B)Salary and Bill Presentation. Motion by Councilwoman Lihs,seconded by Councilman Lugar,to approve consent agenda. The Mayor asked for a roll call vote:Ayes:Lihs,Lugar,Strain,Heath,and Gruber.Nays:None. Motion carried 5 to O. The Salary presentation: Bailey,Donald Brenton State Bank Fed.Tax WH 1/15/97 Breuer,Gregory A DeZeeuw,David S Evans,Robert G Fetterman,Gregory S. Ford,Elizabeth A. Gruber,Nick Heath,Robyn R Herrick,Robert D. Hopper,Kenneth E Horkey,Robin R. Jones,Harry N Kammerer,Bryan Lihs,Monica E. Lestina,Toni Lugar,Daniel W Mack,Linda M. McNamara,Terence P. Murphy-Petersen,Devon Ohnemus,Valerie J Phillips,Larry 1. Robinson,Clint Royer,Tim Rueckel,Kurt A 1 218.43 6,072.42 894.87 871.03 804.65 192.08 654.76 50.79 46.17 826.66 843.94 762.73 165.59 330.80 46.17 640.77 46.17 674.43 714.10 223.01 140.39 1,106.25 60.03 981.53 1,156.82 } Schmitt,Mark Strain,Terry L. Tofteland,Joy E. VanZee,Dianna Telco Community Credit Wesselmann,John C White,Danny L Charlene Wilson Wright,Brain ***TOTAL Bill presentation: Aggregate Equip &Supply Allegra Aramark Uniform Services Arnold Motor Supply Brenton State Bank Brown Supply Co,Inc. Carey Cleaning Systems Carpenter Uniform Co Central States Ind Supply CompUSA Contractors Machinery Inc Creative Printers,Inc The Custom Companies DM Stamp Mfg Co DM Water Works Eddy-Walker Equipment Co Farmer's Coop Elevator Fuller Standard Service Gas Products Sales Hallett Materials Fastpro International Inc Hrdirect Huscher,Paul E. Independent Salt Company Internal Revenue Service IADA Services,Inc IA DEPT OF GEN SERVICES MidAmerican Energy IA One Call Withholding 60.00 46.17 586.65 445.74 371.00 1,144.19 674.63 802.60 858.79 23,514.36 Compressor Printing Floor Mats Starter Police Petty Cash Barricade Lights &Bat. Wand &Hose Uniform ASBRing Laptop C Memory Blade January Newsletter Rotary BlowrsNacuum Deposit Only Stamp Water 11/25/96-12/27/96 Parts R.U.T. December Fuel December Fuel Meter Parts Ice Control Sand Med.Supplies Office Supplies Jan Attorney Retainer Hiway/Treated Bulk 4TH Quarter 941 Tax Dec IADA Phone Service 1997 Code ofIowa Elect.11113/97-12/16/97 Iowa One Call 2 134.71 256.10 46.26 94.64 141.86 279.70 658.26 140.00 9.32 219.99 46.96 98.00 68.44 43.10 8,327.35 86.68 1,151.17 172.51 52.21 222.81 30.50 89.42 580.00 601.43 15.66 64.77 189.00 183.17 35.10 Jim Coons Trucking Sand 196.86 r IMCIMaint.Cleaning Dec '96 240.00 Mid-Land Equipment Co Parts 222.11 Midwest Radar &Equipment Starter &Parts 128.55 Municipal Pipe Tool Co.,Sanitary Sewer Tel Inspc 2,744.50 Municipal Supply Repair Metrotech 248.27 North Dallas Landfill Inc Per Capita Fee 5,116.00 O'Halloran International Repair 87.64 Olson Brothers December Fuel 242.18 Payless Cashways,Inc PostlRebar Tie Wire 238.83 Quality Ford ofW.D.M.Vehicle Repair 305.38 Quill Corporation Adding Machine Tape 516.66 Pramair Cylinder Rental 233.56 R.L.Polk &Company City Directory 197.50 Spry Auto Parts &Service Oil/Filter/Lube 509.27 Squire Cogswell Company Repair 2,318.05 Storey-Kenworthy Company Office Supplies 533.08 Treas,State ofIowa Dec.96 Sales Tax 2,359.44 Treas,State ofIowa Dec.96 Sales Tax 116.25 Treas,State ofIowa Dec.96 Sales Tax 5,585.59 Triple T Enterprises,Inc Vehicle/Crima1 Law Book 252.50 Triplett Off Essentials W2Forms 11.76 JUnitedStatesCellularJan.Mobile Telephone 75.03 US Energy Services,Inc Gas-Dec 1996 8,953.97 US Postal Service Jan.'97 Newsletter 269.30 US West Communications Fire Department 457.42 U ofI Hygienic Lab Testing 110.00 Utility Consultants Inc Lab Testing Dec.'96 336.00 Waste Management ofIowa January Waste Service 7,758.27 Waukee Auto Wash Carwash Tokens 37.50 Waukee Hardware &Variety Dec Hardware Supplies 209.88 Waukee Mini Storage January Rental Fee 46.00 ***TOTAL 54,996.47 ***GRAND TOTAL ***78,510.83 Jaycee's Street Dance.Motion by Councilman Strain,seconded by Councilman Gruber to approve Jaycees Street Dance for July 19th,1997.The Mayor asked for a roll call vote:Strain, Gruber,Lihs,Health and Lugar.Nays:None.Motion carried 5 to O. Resolution Approving and Confirming Plans Specifications,Form of Contract,and J 3 I Estimate of Cost for the University Trunk Sewer Project.The City Council of the City of Waukee,Iowa,met at the Council Chambers,City Hall,in Waukee,Iowa,at 7:05pm,on January fiq/j O! 20,1997,pursuant to previous resolution and published notice.The meeting was called to order, the Mayor presided and the roll being call,the following named Council Members were present: Present:Gruber,Heath,Lihs,Lugar,and Strain.Absent:None. The Mayor announced this was the time and place set for hearing and inspection of bids for the proposed University Avenue Trunk Sewer Project. Upon investigation,it was found that no people had appeared and filed objections to the proposed plans,specifications,form of contract and estimate of cost of such University Avenue Trunk Sewer Project as follows: The Council heard said objectors and evidence for or against the proposed University Avenue Trunk Sewer Project;whereupon,the Mayor declared the hearing closed.No verbal or written objections were filed. Council Member Gruber introduced the following resolution and moved its adoption,seconded by Council Member Heath;and after due consideration thereof by the Council,the Mayor put the question upon the motion and the roll being called,the following named Council Members voted:Ayes:Gruber,Heath,Strain,Lihs,and Lugar.None.Motion carried 5 to O. Whereupon,the Mayor declared the said motion duly carried and the resolution adopted as follows: RESOLUTION NO.97-02 .)( I /,\:/.i ~..' Finally approving and confirming plans,specifications,form of contract and estimate of cost for the University Avenue Trunk Sewer Project; WHEREAS,this Council has heretofore approved plans,specifications,form of contract and estimate of cost (the "Contract Documents")for the proposed University Avenue Trunk Sewer Project (the "Project"),as described in the resolution providing for a notice of hearing on the Contract Documents for the Project and the taking of bids therefor;and WHEREAS,hearing has been held on objections to the Contract Documents; NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee, Iowa,as follows: Section I.The Contract Documents 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 Contract Documents,is necessary and desirable. 4 Section 2.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved January 20,1997. Resolution Awarding Contract for the University Avenue Trunk Sewer Project.The Mayor announced that bids for the construction ofthe University Avenue Trunk Sewer Project had been received,opened and read by the City Clerk at 10:00am,at the Council Chambers,City Hall,on January 16,1997,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 recommendations thereon to the Council.The bids received for the construction of the University Avenue Trunk Sewer Project are as follows: Name and Address of Bidder Amount of Bid 1.HardysInc 412 W.Helm Brookfield,MO 64628 $1,205,408.00 2.$1,958,941.00SuperExcavatorsInc N 59 W14601 Bob Link Ave Menomonee Falls,WI 53051 1 3.H &W Contracting,LLC 4612 W 12th Street Sioux Falls,SD 57107 $1,298,378.00 4.Kenko,Inc. 8990 Springbreak Dr,Suite 230 Mirmeapo1is,MN 55433 $1,529,354.92 5.McAninch Corp P.O.Box 1406 Des Moines,IA 50306 $1,292,613.00 6.Corell Contractor Inc 1805 Euclid Des Moines,IA 50333 $1,293,967.48 7.Van Hauen &Assoc.Inc Box 23160 Clive,IA 50325 $1,339,305.00 5 8.KRI P.O.Box 1646 Ames,IA 50010 $1,433,604.23 The Council further considered proposals received for the proposed University Avenue Trunk Sewer Project and embodied its findings in the resolution next hereinafter referred to. Council Member Lihs,introduced the resolution next hereinafter set out,moved that the said resolution be adopted;seconded by Council Member Heath;and after due consideration thereof by the Council,the Mayor put the question upon the motion and the roll being called,the following named Council Members voted:Ayes:Lihs,Heath,Lugar,Strain,and Gruber.Nays: None.Motion carried 5 to O. Whereupon,the Mayor declared the said motion duly carried and the resolution duly adopted.(: RESOLUTION NO.97-03 !S;lG cd Awarding contract for the University Avenue Trunk Sewer Project JJ (\i D.:) 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 University Avenue Trunk Sewer 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; NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee, Iowa,as follows: 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: Name and Address of Contractor Hardys Inc. 412 W.Helm Brookfield,MO 64628 Amount of Bid $1,205,408.00 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 made on 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 6 letting,the plans and specifications and the terms of the bidder's written proposal.ISection3.The Mayor and 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 amount of the contract. Section 5.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved January 20,1997. Council Member Lihs introduced the resolution 97-03 next hereinafter set out,and moved that the said resolution be adopted;seconded by Council Member Heath;and after due consideration thereof by the Council,the Mayor put the question upon the motion and the roll being called,the following named Council Members voted:Ayes:Lihs,Heath,Gruber,Strain,and Lugar.Nays: None.Motion carried 5 to O. Whereupon,the Mayor declared the said motion duly carried and the said resolution duly adopted. JPassedandapprovedJanuary20,1997. Resolution Approving Contract and Performance Bonds for the University Trunk Sewer Project.After due consideration and discussion,Council Member Strain introduced and moved the adoption of the resolution next hereinafter set out,the same being a resolution approving executed contract and performance and/or payment bonds for the University Avenue Trunk Sewer Project.The motion was seconded by Council Member Lihs and passed with record vote as follows:Ayes:Strain,Lihs,Lugar,Gruber,and Heath.Nays:None.Motion carried 5 to O. Thereupon,the resolution was declared adopted,as follows: RESOLUTION NO.97-04 Approving contract and performance and/or payment bonds for the University Avenue Trunk Sewer Project; WHEREAS,the City Council ofthe City of Waukee,Iowa,has heretofore awarded a contract for the University Avenue Trunk Sewer 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 Mayor and City Clerk to execute the said contract on behalf of the City,subject to I7 the approval ofthe 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; NOW,THEREFORE,IT IS RESOLVED by 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 January 20,1997. Agreement for Inspection Services University Trunk Sewer.Motion by Councilwoman Lihs, seconded by Councilman Lugar,to approve Veenstra &Kimm's inspection services not to exceed $59,600.Ayes:Lihs,Lugar,Heath,Strain,Gruber.Nays:None.Motion carried 5 to O. Set A Date for Hearing -Rezoning of Property from A-I to M-l.Motion by Councilman Gruber,seconded by Councilwoman Lihs,to set hearing date for rezoning of property at the Northwest comer of Alice's Road and University for February 24,1997.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Lihs,Strain,Lugar.Nays:None.Motion carried 5 to O. Fire &Rescue Annual Report.Chief Schmitt discussed the Fire &Rescue annual report. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to accept the annual fire & rescue report.The Mayor asked for a roll call vote:Ayes:Lihs,Gruber,Strain,Heath,and Lugar. Nays:None.Motion carried 5 to O. Consideration of Fire Department By-Laws.Jim DeWitt,spoke to the Council regarding the Fire Department By-Laws.Motion by Councilman Strain,seconded by Councilman Lugar,to approve the by-laws with the following changes:Article 4 -Section 2 -should be reworded to say that the chief will make all purchases within the Guidelines of the City's purchasing policy; Article 4 -Section 8 -change to per salary resolutions passed by the City Council.The Council also asked that full policy on vehicle use be adopted.The Mayor asked for a roll call vote:Ayes: Strain,Lugar,Gruber,Heath,and Lihs.Nays:None.Motion carried 5 to O. Z8E Agreement -N.Dallas County Landfill Planning Commission.State law requires that Cities become members of a planning commission for solid waste reduction.The Cities of 8 Dawson,Jefferson,Minburn,Perry,Redfield and Waukee have been working on a 28E r I Agreement to create the North Dallas Regional Solid Waste Planning Commission.Motion by Councilman Gruber,seconded by Councilman Lugar,to approve the 28E Agreement under the condition that the By-Laws contain the following language:no vote of a representative which does or may result in a cost,future cost,or potential liability is official unless supported by a majority vote oftheir City Council.The Mayor asked for a roll call vote:Ayes:Gruber,Lugar, Lihs,Heath,and Strain.Nays:None.Motion carried 5 to O. University Avenne RR Crossing Project -Agreement.Motion by Councilman Lugar, seconded by Councilwoman Heath,to accept the University Avenue RR Crossing Project Agreement at an estimated cost of $14,160.The Mayor asked for a roll call vote:Ayes:Lugar, Heath,Lihs,Gruber,and Strain.Nays:None.Motion carried 5 to O. Support for the Juvenile Diabetes Foundation "Walk For The Cure".The Juvenile Diabetes Foundation is having its Walk For The Cure Fundraiser,Saturday,March I,1997.Mayor Bailey would like City Council support to sell shoe donations for $1.00.The money will be turned over to the Foundation in to the City's name.Motion by Councilman Lugar,seconded by Councilman Gruber,to have City support in to the Walk For To the Cure Fundraiser.To the Mayor asked for a roll call vote:Ayes:Lugar,Gruber,Strain,Lihs,and Heath.Nays:None. Motion carried 5 to O. Permission to Attend Legislative Day -Mayor Bailey.Mayor Bailey is requesting permission to attend Legislative Day on February 21,1997.To the cost of this annual event is $40.00. Motion by Councilman Lugar,seconded by Councilman Strain,approve Mayor Bailey to attend Legislative Day.To the Mayor asked for a roll call vote:Ayes:Lugar,Strain,Lihs,Heath,and Gruber.Nays:None.Motion carried 5 to O. ] Permission to Seek Bids for New Air Compressor.Motion by Councilman Lugar,seconded by Councilwoman Lihs,giving John Wesselmann permission to seek bids to purchase a new compressor.To the Mayor asked for a roll call vote:Ayes:Lugar,Lihs,Heath,Strain,and Gruber.Nays:None.Motion carried 5 to O. McLeod USA Row Agreement -Proposed ROW Ordinance lst Reading.After a brief discussion,Mayor Bailey asked all Council members to read to the Proposed ROW Ordinance. Mayor's Report.Budget Committee has met twice and have thoroughly gone thru to the budget;Marvin Berger has been very helpful with to the budget;annual Business Dinner at library on Monday,February 3,1997;Mayor Bailey attended to the Southfork Homeowners Association Meeting;Dallas Soil and Conservation will be holding a meeting at St.Boniface hall;ERG letter on subdivision ordinances. Motion by Councilman Lugar,seconded by Councilwoman Lihs,to accept to the Mayor's report.J To the Mayor asked for a voice vote.Motion carried. 9 Administrator's Report.Motion by Councilwoman Lihs,seconded by Councilwoman Heath, to accept to the Administrator's report.To the Mayor asked for a voice vote.Motion carried. Attorney's Report -Paul Huscher briefly updated to the Council and Mayor regarding to the annexation.Motion by Councilwoman Lihs,seconded by Councilman Lugar,to accept to the Attorney's report.To the Mayor asked for a voice vote.Motion carried. Landfill -Closed Session. Motion by Councilwoman Lihs,seconded by Councilman Strain,to enter into closed session under section 21.51 (c)"To discuss strategy with Counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage to the position of to the governmental body in that litigation".To the Mayor asked for a roll call vote:Ayes:Lihs,Heath,Gruber,Strain,and Lugar.Nays:None. The Council entered closed session at 8:51pm. Motion by Councilwoman Lihs,to enter into closed session seconded by Councilman Strain. Lihs,Strain,Heath,Gruber Lugar at 8:59pm To the Council came out of closed session at 9:27 pm. Adjournment.Motion to adjourn at 9:27pm by Gruber seconded by Lihs.Upon voice vote to the motion passed 5-0. Attest: ~1_~~€u/ Mayor Donald L.B3i ey,r. Kurt A.Rueckel,City Clerk 10