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HomeMy WebLinkAbout2009-03-23-Resolutions 09-56_Insurance Pmt - ICAPTHE CITY OF WAUKEE,IOWA RESOLUTION 09-56 APPROVING PAYMENT TO IOWA COMMUNITIES ASSURANCE POOL (lCAP) FOR 04/0112009 -03/31/2010 PROPERTY,AUTO,PROFESSIONAL &LIABILITY INSURANCE IN THE AMOUNT OF $134,268.27 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,Iowa Communities Assurance Pool (lCAP)provides property,auto,professional and liability insurance services for the City;AND, WHEREAS,ICAP proposes a renewal of policies for the period of April 1,2009 through March 31,2001 at a cost of $134,268.27;AND, WHEREAS,City staff recommend approval of the payment. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this the nrd day of March 2009 that it hereby approves payment to Iowa Communities Assurance Pool (ICAP)for 04/0112009 -03/3112010 property,auto,professional &liability insurance in the amount of$134,268.27. Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X RESOLUTION 09-57 RESOLUTION APPROVING CONSTRUCTION CONTRACTS AND BONDS BE IT RESOLVED BY THE CITY COUNCIL OF THE OF WAUKEE,IOWA: That the construction contracts and bonds executed and insurance coverage for the construction of certain public improvements described in general as construction of the Northview Drive Extension and 6th Street Improvements,and as described in detail in the plans and specifications heretofore approved,and which have been signed by the Mayor and Clerk on behalf of the City be and the same are hereby approved as follows: Division 1 Contractor:Stemguist Construction,Inc.ofIndianola,IA Date of contract:March 9,2009 Bond surety:Merchants Bonding Company (Mutual) Date ofbond:March 9,2009 Division 2 Contractor:Stemguist Construction,Inc.ofIndianola,IA Date of contract:March 9,2009 Bond surety:Merchants Bonding Company (Mutual) Date of bond:March 9,2009 PASSED AND APPROVED,this 23"~2~ ATTEST:c,Jt7ld ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY x X X X ABSENT X ABSTAIN THE CITY OF WAUKEE,IOWA RESOLUTION 09-58 APPROVING AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENT(S) FROM A PROPERTY OWNER WITHIN THE NORTHVIEW DRIVE EXTENSION AND 6TH STREET IMPROVEMENTS PROJECT IN THE AMOUNT OF $1.00 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a temporary construction easement is necessary for the purpose of construction of the N orthview Drive Extension and 6th Street Improvements Proj ect; AND, WHEREAS,said temporary construction easement shall be located on a portion of the property owned by Charles R.and Stacy L.Hale,legally described as Lot 5 of North view Estates Plat 2. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 23'd day of March 2009 that it hereby approves the Temporary Construction Easement(s)from Charles R.and Stacy L.Hale,property owners within the Northview Drive Extension and 6th Street Improvements Project,with payment made by the City to the property owners in the amount of$1.00. Attest: ooistra,CIty Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X THE CITY OF WAUKEE,IOWA RESOLUTION 09-59 APPROVING AND ACCEPTING WARRANTY DEED FOR STREET LOTS A,B AND C OF WESTGATE BUSINESS PARK PLAT 2 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,Eastpark Development,L.L.C"(the "Developer"),has previously submitted and received approval of a final plat for Westgate Business Park Plat 2 (the "Plat");AND WHEREAS,the public improvements associated with the Plat including the streets have previously been accepted by the City;AND, WHEREAS,it has recently been brought to the attention of the City of Waukee that a warranty deed for the previously accepted public streets had never been provided by the Developer; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 23rd day of March 2009 that the warranty deed associated with the public streets within the Plat is hereby accepted and approved by the City Council of the City of Waukee. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file the warranty deed for the streets within the Plat,as well as any other documents related thereto,with the Dallas County Recorder. Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X RESOLUTION 09-60 RESOLUTION ACCEPTING THE DETAILED PLANS AND SPECIFICATIONS, ESTIMATED TOTAL COST OF WORK,AND A PLAT AND SCHEDULE FOR BOTH THE 2008 SIDEWALK IMPROVEMENTS PROGRAM WHEREAS,the City of Waukee arranged for engineering services to prepare the plats, schedules,estimates of cost,plans and specifications of the public improvement projects undertaken in accordance with the 2008 Sidewalk Improvements Program; WHEREAS,Veenstra and Kinun,Inc.,has submitted detailed plans and specifications, estimated total cost of the work,and a plat and schedule and filed the same with the Clerk; WHEREAS,the City Council of the City of Waukee has no reason to amend the documents filed by the engineer in accordance with Iowa law and determines that the same should be acknowledged as filed with City Clerk. THEREFORE BE IT RESOLVED the Council may,prior to the adoption of a resolution, cause the estimate,valuation,or assessment to be amended. Passed by the City Council of the City of Waukee,Iowa,and approved this the 23rd day of March 2009. Attest: ROLL CALL VOTE Donald L.Bailey,JI. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X THE CITY OF WAUKEE,IOWA RESOLUTION 09-61 APPROVING REQUESTING QUOTES FOR THE 2008,2009 SIDEWALK I~ROVEMENTSPROGRAMS IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,as part of both the 2008 and 2009 Sidewalk Improvements Programs,City staff recommend requesting quotes for the sidewalk construction of both programs,including all labor,materials and equipment necessary to construct new sidewalk,sidewalk replacement, sidewalk joint sealing,surface restoration and miscellaneous associated work,including cleanup; AND, WHEREAS,a Solicitation for Quotation has been provided by the Project Engineer and is recommended by City staff for approval by the Waukee City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this the n'd day of March 2009 that it hereby approves requesting quotes for the 2008 and 2009 Sidewalk Improvements Programs. .Peard,Mayor Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X THE CITY OF WAUKEE,IOWA RESOLUTION 09-62 APPROVAL OF THE TEMPORARY CLOSING OF WALNUT STREET FROM 5TH STREET WEST TO 6TH STREET ON EACH WEDNESDAY FROM JUNE 3,2009 TO SEPTEMBER 30,2009 BETWEEN THE HOURS OF 3:00 PM AND 8:00 PM,AND THE USE OF TRIANGLE PARK DURING SAME SAID DATES AND TIMES,FOR THE PURPOSE OF THE FARMERS MARKET IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the Waukee Triangle Association is sponsoring and administering the Waukee Farmers Market,an annual event that takes place in the Triangle Park area within the Downtown Triangle Business District;AND, WHEREAS,the Waukee Triangle Association requests that Walnut Street be closed between the hours of3:00 pm and 8:00 pm each Wednesday from June 3,2009 to September 30,2009 for the event;AND, WHEREAS,the Waukee Triangle Association also requests the use of Triangle Park during these same said dates and times;AND, WHEREAS,pursuant to §364.12(2)(a),public ways and grounds may be temporarily closed by resolution. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 23'd day of March 2009 that it hereby approves the temporary closing of Walnut Street from s" Street west to 6th Street on each Wednesday from June 3,2009 to September 30,2009 between the hours of3:00 pm and 8:00 pm for the purpose of the Farmers Market; BE IT FURTHER RESOLVED by the City of Waukee City Council that it hereby approves the uses of Triangle Park during same said dates and times for the purpose of the Farmers Market,pending the approval of the Park Board. Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY x X X X ABSENT X ABSTAIN THE CITY OF WAUKEE,row A RESOLUTION 09-63 APPROVING THE FIRST AMENDMENT TO PERMANENT STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 27 OF P ARKVIEW CROSSING PLAT 1 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,lOW A WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,THERESA A.GRlGGS REVOCABLE TRUST,owner of Lot 27 of Park view Crossing Plat 1 ("Propelty Owner"),is desirous of installing a fence on her property;AND, WHEREAS,Gerald D.Grubb and Nancy A.Grubb,predecessor in title to the Property Owner granted a Permanent Storm Sewer and Surface Water Flowage Easement (the "Easement")to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County, Iowa in Book 1999,Page 006515;AND, WHEREAS,a portion of the proposed fence is intended to be erected witbin a portion of the Easement;AND, WHEREAS,the Easement prohibits tbe Property Owner from locating any fence or other structure within the Easement area without the written consent of the City of Waukee;AND, WHEREAS,the City of Waukee is agreeable to tbe construction of a fence within a portion of the Easement area pursuant to the terms oftbe First Amendment to Permanent Storm Sewer and Surface Water Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council oftbe City of Waukee,Iowa on this 23rd day of March 2009 that the First Amendment to Permanent Storm Sewer and Surface Water Flowage Easement in connection with the Property is hereby approved and accepted by the City of Waukee,and the City Clerk is hereby authorized to file such first amendment to easement with the D,l1~County,low,Recorder.,~ ~rd'MaYOr Attest: Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,Ir. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY x X X X ABSENT X ABSTAIN THE CITY OF WAUKEE,IOWA RESOLUTION 09-64 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 40 OF P ARKVIEW CROSSING PLAT 6 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,ROBERT JAMES ELLIOT AND DIANE RENE FELT,owners of Lot 40 of Parkview Crossing Plat 6 ("Property Owners"),is desirous of installing a fence on their property; AND, WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessor in title to the Property Owners granted a Storm Sewer and Surface Water Flowage Easement (the "Easement")to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County, Iowa in Book 2005,Page 172;AND, WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Property Owners from locating any fence or other structure within the Easement area without the written consent of the City of Waukee;AND, WHEREAS,the City of Waukee is agreeable to the construction of a fence within a portion of the Easement area pursuant to the terms of the First Amendment to StOlID Sewer and Surface Water Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 23rd day of March 2009 that the First Amendment to Storm Sewer and Surface Water Flowage Easement in connection with the Property is hereby approved and accepted by the City of Waukee,and the City Clerk is hereby authorized to file such first amendment to easement with the D.ILw County,Iowa Recorder,~~~ ~ar(l,Mayor Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY x X X X ABSENT X ABSTAIN THE CITY OF WAUKEE,IOWA RESOLUTION 09-65 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 7 OF PARKVIEW CROSSING PLAT 7 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,KRlSTOPHER &AMANDA HOEPPENER,owners of Lot 7 ofParkview Crossing Plat 7 ("Property Owners"),are desirous of installing a fence on their property;AND, WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessor in title to the Property Owners granted a Storm Sewer and Surface Water Flowage Easement (the "Easement")to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County, Iowa in Book 2005,Page 3409;AND, WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Property Owners from locating any fence or other structure within the Easement area without the written consent of the City of Waukee;AND, WHEREAS,the City of Waukee is agreeable to the construction of a fence within a portion of the Easement area pursuant to the terms of the First Amendment to Storm Sewer and Surface Water Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 23rd day of March 2009 that the First Amendment to StOlIDSewer and Surface Water Flowage Easement in connection with the Property is hereby approved and accepted by the City of Waukee,and the City Clerk is hereby authorized to file such first amendment to easement with <heDoIJa'County,1-Recorder.&:1(f!(;::/ iam F.eard,ayor Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY x X X X ABSENT X ABSTAIN RESOLUTION 09-66 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $362,000 SEWER SPECIAL ASSESSMENT IMPROVEMENT BONDS,SERIES 2009 WHEREAS,the City of Waukee,State ofIowa,hereinafter sometimes referred to as the "City",is in need of funds to pay a part of the cost of the construction of the Southfork and Walnut Ridge Sanitary Sewer Project and it is deemed necessary and advisable that the City should issue its Sewer Special Assessment Improvement Bonds to the amount of$362,000,as authorized by Section 384.68 of the City Code ofIowa,for the purpose of providing funds to pay the aforesaid costs;and WHEREAS,before Improvement Bonds may be issued and sold it is deemed necessary and appropriate that action be taken as hereinafter directed. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,STATE OF IOWA: Section 1.That the bonds hereinafter described be offered at public sale,pursuant to advertisement as required by law. Section 2.That the Clerk is hereby directed to publish notice of sale of the bonds at least once,the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale.Publication shall be made in the "The Des Moines Register",a legal newspaper,printed wholly in the English language,published within the county in which the bonds are to be offered for sale or an adjacent county.The notice is given pursuant to Chapter 75 of the Code ofIowa,and shall state that this Council,on the 6th day of April,2009,at 7:00 o'clock P.M.,will hold a meeting to receive and act upon bids for the bonds received on the 3'd day of April,2009,untillO:OO o'clock A.M.; the notice to be in substantially the following form: -I - NOTICE OF BOND SALE Time and Place of Sealed Bids:Sealed bids for the sale of bonds of the City of Waukee,State ofIowa,will be received at the office of the City Clerk,Council Chambers,City Hall,230 Highway 6,Waukee,Iowa 50263;Telephone:515-987-4522 (the "Issuer")at 10:00 o'clock A.M.,on the 3rd day of April,2009.The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award:The sale and award of the bonds will be held at the Council Chambers,City Hall,230 Highway 6,Waukee,Iowa 50263 at a meeting of the City Council on April 6,2009 at 7:00 o'clock P.M. The Bonds:The bonds to be offered are the following: SEWER SPECIAL ASSESSMENT IMPROVEMENT BONDS,SERIES 2009,in the amount of$362,000,to be dated May 5th,2009 (the "Bonds"). Terms of Offering:The Issuer has the Terms of Offering and an Official Bid Form for the Bonds,which is incorporated by reference as a part of this notice,a copy of which may be obtained by request addressed to the City Clerk,Council Chambers,City Hall, 230 Highway 6,Waukee,Iowa 50263;Telephone:515-987-4522 or the Issuer's Financial Consultant,Public Financial Management,2600 Grand Avenue,Suite 214, Des Moines,Iowa,50312,Telephone:515-243-2600.All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering. Legal Opinion:The bonds will be sold subject to the opinion of Ahlers &Cooney, P.C.,Attorneys of Des Moines,Iowa,as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned.Except to the extent necessary to issue their opinion as to the legality of the bonds,the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents,materials or statements made or fumished in connection with the sale,issuance or marketing of the bonds. Rights Reserved:The right is reserved to reject any or all bids,and to waive any irregularities as deemed to be in the best interests of the public. -1 - By order of the City Council of the City of Waukee,State ofIowa. Ci ~'IOV,,",City of Waukee,State ofIowa (End of Notice) -2- PASSED AND APPROVED this 23rd day of March,2009. ATTEST: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE x X X X NAY ABSENT X ABSTAIN -3 - RESOLUTION 09-67 RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE $1,055,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,SERIES 2009A WHEREAS,the City of Waukee,Iowa,sometimes hereinafter referred to as the City,is a municipal corporation duly incorporated,organized and existing under and by virtue of the Constitution and laws of the State ofIowa;and WHEREAS,it is deemed necessary that the City should enter into a Loan Agreement and borrow the amount of$1,055,000 as authorized by Sections 384.24, 384.24A and 384.25,Code ofIowa,as amended;and WHEREAS,proposals have been requested and received from financial institutions offering to enter into such Loan Agreement;and WHEREAS,after a review of all the proposals received,it has been determined that the best and most favorable proposal is that ofD.A.Davidson &Co.of Denver,CO; and WHEREAS,it is the intention of this City Council to enter into a Loan Agreement in accordance with said proposal dated March 23,2009: NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA: Section 1.That this City Council does hereby accept the attached proposal of D.A.Davidson &Co.of Denver,CO,and takes additional action to permit the entering into of a Loan Agreement. Section 2.The Mayor and City Clerk are authorized and directed to proceed on behalf of the City to enter into such Loan Agreement,to negotiate the final terms of a Loan Agreement,to take all action necessary to permit the entering into of a Loan Agreement on a basis favorable to the City and acceptable to the Purchaser,and to proceed to meet the conditions of this accepted proposal. PASSED AND APPROVED this 23'd day of March,2009. -1- ATTEST: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X -2- RESOLUTION 09-68 RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE $5,345,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,SERIES 2009B WHEREAS,the City of Waukee,Iowa,sometimes hereinafter referred to as the City,is a municipal corporation duly incorporated,organized and existing under and by virtue of the Constitution and laws of the State ofIowa;and WHEREAS,it is deemed necessary that the City should enter into a Loan Agreement and bOlTOWthe amount of$5,345,000 as authorized by Sections 384.24, 384.24A and 384.25,Code ofIowa,as amended;and WHEREAS,proposals have been requested and received from financial institutions offering to enter into such Loan Agreement;and WHEREAS,after a review of all the proposals received,it has been determined that the best and most favorable proposal is that ofD.A.Davidson &Co.of Denver,CO; and WHEREAS,it is the intention of this City Council to enter into a Loan Agreement in accordance with said proposal dated March 23,2009: NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA: Section 1.That this City Council does hereby accept the attached proposal of D.A.Davidson &Co.of Denver,CO,and takes additional action to permit the entering into of a Loan Agreement. Section 2.The Mayor and City Clerk are authorized and directed to proceed on behalf of the City to enter into such Loan Agreement,to negotiate the final terms of a Loan Agreement,to take all action necessary to permit the entering into of a Loan Agreement on a basis favorable to the City and acceptable to the Purchaser,and to proceed to meet the conditions of this accepted proposal. PASSED AND APPROVED this 23rd day of March,2009. -1- ATTEST: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE x X X X NAY ABSENT X ABSTAIN -2-