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					       Minutes of the Regular Meeting of the Ankeny City Council
                        Monday, December 15, 2008- 5:30 P.M.
                       Ankeny City Hall – City Council Chambers
                           410 W. First Street, Ankeny, Iowa
                               Steven D. Van Oort, Mayor
                            Gary L. Welch, Mayor Pro Tem
             Council Members: Craig Block, Dave Kissinger, Gary Lorenz, Tom Strait

Mayor Pro tem Welch called the meeting to order at 5:30 p.m. All council members were
present. City Manager, Carl Metzger and City Attorney Amy Beattie were present. Mayor Pro
tem Welch led the Pledge of Allegiance

CEREMONY: none

A. PUBLIC FORUM

      Citizen Open Forum:

      Todd Ashley, 222 SW 36th Lane, Carmella Villa Development Advisory Board stated the
      Homeowners Association has concerns with regard to construction defects that need to
      be corrected before management of the association is turned over to the homeowners
      which he stated according to the by-laws should occur once thirty units have been sold.
      He stated these defects consist of construction workmanship and materials, installation
      of sidewalks, drainage issues, roadway cracking, roof defects and siding defects. He
      stated these concerns have been relayed to the developer both verbally and in writing
      and the association feels that these defects should be corrected by the developer prior
      to the management being turned over to the association. He stated the letter that was
      sent by the City to correct the sidewalk and sewer issue was addressed to the
      Association and not the developer and requested that correspondence be re-sent to the
      Developer, Imperial Properties.

      City Attorney Amy Beattie, stated the notice to abate was served upon the Association
      because they are the registered agent. As required by law we have served the property
      owner and the association is the property owner per the Polk County Assessor’s
      records. She further stated that the correspondence has been gotten into the hands of
      the developer and their attorney and a hearing has been requested which hearing is
      being set this evening.

      Brian Duerson, Kaitlin Brown and Carrington Taylor, Ankeny High School Students
      addressed the council with regard to having the city build a roller rink for Ankeny youth
      which would aid in giving kids something to do after school.

      Council suggested the students get in touch with Todd Redenius, Parks and Recreation
      Director for suggestions and ideas for youth involvement in community activities.

B. APPROVAL OF AGENDA
City Council Minutes
December 15, 2008


       ACTION #1. Block made the motion to approve and accept the December 15, 2008
                   agenda, with amendment: addition of Consent Agenda Item CA-57,
                   seconded by Kissinger.
       ROLL CALL
       2008-1215.01       YES 5       NO     0

C. PUBLIC HEARING(S):

      PH 2008-50: Mayor Pro tem announced this is the time and place for a public hearing
                   on the matter of the acquisition of property and property interests for a
                   public improvement to be known as the 2009 SE Oralabor Road
                   Reconstruction Project. This reconstruction project will be constructed
                   along SE Oralabor Road from the intersection of SE Oralabor Road and
                   SE Creekview Drive to the intersection of SE Oralabor Road and SE Four
                   Mile Drive. The project improvements will include earthwork, water main,
                   storm sewers, PCC street paving, sidewalks/trails, lighting landscaping,
                   surface restoration and associated improvements. Notice of this hearing
                   was published in the Des Moines Register on the 5th day of December,
                   2008 and notices were mailed as required by law. There was no written
                   correspondence received regarding this hearing.


       ACTION #2. Strait made the motion to close Public Hearing 2008-50, seconded by
                   Kissinger.
       ROLL CALL
       2008-1215.02       YES 5        NO     0

   Mayor Pro tem Welch stated further consideration and action on this item will take place
   under “New Business”, Agenda Item “K” later in the meeting.

D. REPORTS OF ADVISORY BOARDS AND COMMISSION:

   Plan & Zoning Commission representative, Jean Austen provided a brief report on the Plan
   & Zoning Commission activity.

   Park Board Representative, Todd Seaman provided a brief report on the Park Board activity.

E. REPORT OF LOBBYIST: none

F. APPROVAL OF CONSENT AGENDA:

   • Minutes

   CA-1           Approval of official council actions of the regular meeting of December 1,
                  2008, as published, subject to correction, as recommended by the City Clerk.

   CA-2           Receive and file minutes of the Plan & Zoning Commission meeting of
                  December 2, 2008, subject to correction, as recommended by the recording
                  secretary.
City Council Minutes
December 15, 2008


   CA-3           Receive and file minutes of the Park Board meeting of November 24, 2008,
                  subject to correction, as recommended by the recording secretary.

   CA-4           Receive and file minutes of the Civil Service meeting of December 11, 2008,
                  subject to correction, as recommended by the recording secretary.

   • Licenses and Permits:

   CA-5           Consider motion to approve the Class C Liquor License w/Sunday Sales &
                  Outdoor Service for Bradley Rebecca LLC d/b/a The Lucky Pub & Grub f/ka/
                  Traditions Restaurant and Lounge, 705 S. Ankeny Blvd. (renewal)

   • Finance/Budget

   CA-6           Consider motion to receive and file Financial Reports for November 2008.

   CA-7           Consider motion to receive and file Building Permit Report for November
                  2008.

   CA-8           Consider motion to receive and file Utility Report for November 2008.

   CA-9           Consider motion to approve Change Order #6 decreasing the amount of the
                  contract contingency allowance by $38,468.00 to Larson & Larson
                  Construction for construction services on the Police Department Headquarters
                  Project.

   CA-10          Consider motion to approve Change Order #7 decreasing the amount of the
                  contract contingency allowance by $64,527.00 to Larson & Larson
                  Construction for construction services on the Police Department Headquarters
                  Project.

   CA-11          Consider motion to approve Payment #20 in the amount of $858,537.00 to
                  Larson & Larson Construction for construction services on the Police
                  Department Headquarters Project.

   CA-12          Consider motion to approve Payment #1 in the amount of $217,903.40 to
                  HPC,LLC for construction services on the Ankeny Fire Station No. 2 Project.

   CA-13          Consider motion to approve Payment #29 in the amount of $29.25 to SVPA
                  Architects for engineering services on the Fire Station Headquarters
                  Remodeling Project.

   CA-14          Consider motion to approve Payment #3 in the amount of $4,594.50 to Nilles
                  Associates, Inc., for engineering services on the North Creek Study.

   CA-15          Consider motion to approve Payment #3 in the amount of $3,562.50 to Nilles
                  Associates, Inc., for engineering services on the Dean Park Project.

   CA-16          Consider motion to approve Payment #3 in the amount of $238,135.55 to Van
                  Hauen & Associates for construction services on the Otter Creek Sanitary
                  Sewer & Water Main Project.
City Council Minutes
December 15, 2008



   CA-17          Consider motion to approve Change Order #2 increasing the contract amount
                  by $75,998.05 with Pinnacle Construction Group, LLC for construction
                  services on the Otter Creek Clubhouse Project.

   CA-18          Consider motion to approve Payment #6 in the amount of $327,506.13. to
                  Northern Escrow for the Pinnacle Construction Group for construction services
                  on the Otter Creek Clubhouse Project.

   CA-19          Consider motion to approve Payment #8 in the amount of $51,490.00 to C.L.
                  Carroll Co., Inc., for construction services on the ASR No.2 Well Pump and
                  Control Building Project.

   CA-20          Consider motion to approve Payment #12 in the amount of $56,555.53 to
                  Howard R. Green Company for engineering services on the I-35 & NE 36th
                  Street Interchange Preliminary Survey/Design Project.

   CA-21          Consider motion to approve Payment #7 in the amount of $29,376.08 to
                  Rocky Hurst Construction for construction services on the SW State
                  Streetscape Project.

   CA-22          Consider motion to approve Payment #1 in the amount of $26,691.00 to Nilles
                  Associates, Inc., for engineering services on the SW Prairie Trail Parkway
                  Extension Project.

   CA-23          Consider motion to approve Payment #15 in the amount of $892.34 to FOX
                  Engineering Associates, Inc., for engineering services on the Otter Creek
                  Sanitary Sewer and Water Main Project.

   CA-24          Consider motion to approve Payment #3 in the amount of $5,297.50 to Nilles
                  Associates, Inc., for engineering services on the Saylor Creek Lake Channel
                  Improvements Phase 2 Project.

   CA-25          Consider motion to approve Payment #13 in the amount of $21,175.50 to
                  Jensen Construction Company for construction services on the Saylor Creek
                  Lake and Channel Improvements Phase 1 Contract A Project.

   CA-26          Consider motion to approve Payment #18 in the amount of $2,880.33 to FOX
                  Engineering for engineering services on the ASR Well No. 2 Project.

   CA-27          Consider motion to approve Payment #16 in the amount of $2,239.58 to SVPA
                  Architects, Inc., for Fire Station No. 2 Project.
City Council Minutes
December 15, 2008


   CA-28          Consider motion to approve the December 15, 2008 Accounts Payable from
                  the following funds: General $103,351.02, Road Use Tax $33,161.65, Tax
                  Increment Financing $5,732.66, Econ Dev $854.97, Solid Waste $61,104.26,
                  Water $200,004.19, Sewer $116,041.62, Sewer Improvement $63,462.92,
                  Storm Water $7,059.09, Golf Course $5.508.01, Enterprise Project
                  $301,872.91, Revolving $3,326.84, Risk Mgmt $28,450.84. Equip Reserve
                  $400.00, Cap Projects $1,749,181.61, Payroll $564,069.48, Less Service
                  Transfers ($145.74) Less Agenda Pymts approved separately $(1,924,835.90)
                  Grand Total $1,318,600.43.     (Finance Committee: C. Block, Chp., D.
                  Kissinger, G. Welch )

   • Personnel Items:

   CA-29          Consider motion to approve the Civil Service Commission list of candidates
                  eligible for appointment to the position of Community Service Officer in the
                  Police Department, subject to passing all other requirements. (list on file in
                  City Clerk’s office)

   • Community Development Items

   CA-30          Consider motion to adopt RESOLUTION 2008-418, approving plans and
                  specifications and accepting contracts, performance and maintenance bonds
                  for the construction of water main in Heartland Assembly of God Plat 1.

   CA-31          Consider motion to adopt RESOLUTION 2008-419, authorizing the Mayor of
                  the City of Ankeny to sign a tax increment development agreement between
                  A&G Properties LC and the City of Ankeny related to 1517 South Ankeny
                  Boulevard Redevelopment Project.

   CA-32          Consider motion to adopt RESOLUTION 2008-420, setting a public hearing on
                  the vacation of a portion of a public utility, storm sewer, and storm water
                  flowage easement located on Lot 46, Briar Creek Plat 1. (date of hrg: 1/5/09
                  @ 5:30 p.m.)

   • Engineering Items:

   CA-33          Consider motion to adopt RESOLUTION 2008-421, accepting water main,
                  sanitary sewer and storm sewer in Camden Woods Plat 3.

   CA-34          Consider motion to adopt RESOLUTION 2008-422, accepting paving in
                  Camden Woods Plat 3.

   • Capital Improvement Projects - Final Acceptance:

   CA-35          Consider motion to approve Change Order #1 decreasing the contract amount
                  by $25,841.96 with Castle Concrete Inc., for the 2008 PCC Construction
                  Phase 2 Project.

   CA-36          Consider motion to accept the Certificate of Completion from City Engineer for
                  the 2008 PCC Construction Phase 2 Project.
City Council Minutes
December 15, 2008


   CA-37          Consider motion to adopt RESOLUTION 2008-423, accepting 2008 PCC
                  Construction Phase 2 Project with Castle Concrete, Inc., in the final contract
                  amount of $260,193.04.

   CA-38          Consider motion to approve final payment #5 in the amount of $3,463.32 and
                  authorize release of retainage payment in the amount of $13,009.65 to Castle
                  Concrete, Inc., for the 2008 PCC Construction Project, in accordance with the
                  terms of the contract.

   CA-39          Consider motion to approve Change Order #4 decreasing the contract amount
                  by $3,901.46 with Precision Underground Utilities, LLC for the 2008 Fiber
                  Optic Project.

   CA-40          Consider motion to accept the Certificate of Completion from City Engineer for
                  the 2008 Fiber Optic Project.

   CA-41          Consider motion to adopt RESOLUTION 2008-424, accepting 2008 Fiber
                  Optic Project with Precision Underground Utilities, LLC in the final contract
                  amount of $133,125.62.

   CA-42          Consider motion to approve final payment #6 in the amount of $11,946.48 and
                  authorize release of retainage payment in the amount of $6,656.28 to
                  Northern Escrow Inc., for Precision Underground Utilities, LLC for the 2008
                  Fiber Optic Project, in accordance with the terms of the contract.

   CA-43          Consider motion to approve Change Order #2 decreasing the contract amount
                  by $24,284.68 with Applied Ecological Services, Inc., for the Saylor Creek
                  Lake and Channel Improvements – Phase 1, Contract B Project.

   CA-44          Consider motion to accept the Certificate of Completion from City Engineer for
                  the Saylor Creek Lake and Channel Improvements – Phase 1, Contract B
                  Project.

   CA-45          Consider motion to adopt RESOLUTION 2008-425, accepting Saylor Creek
                  Lake and Channel Improvements – Phase 1, Contract B Project with Applied
                  Ecological Services, Inc., in the final contract amount of $256,383.64.

   CA-46          Consider motion to approve final payment #6 in the amount of $30,074.80 and
                  authorize release of retainage payment in the amount of $12,819.18 to
                  Applied Ecological Services, Inc., for the Saylor Creek Lake and Channel
                  Improvements – Phase 1, Contract B Project, in accordance with the terms of
                  the contract.

   • Administrative Items:

   CA-47          Consider motion to adopt RESOLUTION 2008-426, establishing
                  reimbursement fee for mailboxes damaged by the City of Ankeny.
City Council Minutes
December 15, 2008


   CA-48          Consider motion to adopt RESOLUTION 2008-427, fixing a date for hearing
                  on the proposed adoption of an ordinance establishing connection fees for
                  major sanitary sewer facilities. (Eastside Sanitary Sewer Connection District 1
                  (date of hrg: 1/19/09 @ 5:30 p.m.)

   CA-49          Consider motion to adopt RESOLUTION 2008-428, fixing a date for hearing
                  on the proposed adoption of an ordinance establishing connection fees for
                  major sanitary sewer facilities. (Northern Interceptor Trunk Sewer Connection
                  District 1 (date of hrg: 1/19/09 @ 5:30 p.m.)

   CA-50          Consider motion to adopt RESOLUTION 2008-429, appointing Bankers Trust
                  Company, N.A. of Des Moines, Iowa, to serve as paying agent, bond
                  registrar, and transfer agent, approving the paying agent and bond registrar
                  and transfer agent agreement and authorizing the execution of the agreement.
                  ($6,130,000 Sewer Revenue Bonds, Series 2008D)

   CA-51          Consider motion to approve the Tax Exemption and Continuing Disclosure
                  Certificates. ($6,130,000 Sewer Revenue Bonds, Series 2008D)

   CA-52          Consider motion to adopt RESOLUTION 2008-430, authorizing and providing
                  for the issuance and securing the payment of $6,130,000 Sewer Revenue
                  Bonds, Series 2008D of the City of Ankeny, Iowa, under the provisions of the
                  State Code of Iowa, and providing for a method of payment of said bonds.

   CA-53          Consider motion to adopt RESOLUTION 2008-431, appointing Bankers Trust
                  Company, N.A. of Des Moines, Iowa, to serve as paying agent, bond
                  registrar, and transfer agent, approving the paying agent and bond registrar
                  and transfer agent agreement and authorizing the execution of the agreement.
                  ($4,400,000 Water Revenue Bonds, Series 2008E)

   CA-54          Consider motion to approve the Tax Exemption and Continuing Disclosure
                  Certificates. ($4,400,000 Water Revenue Bonds, Series 2008E)

   CA-55          Consider motion to adopt RESOLUTION 2008-432, authorizing and providing
                  for the issuance and securing the payment of $4,400,000 Water Revenue
                  Bonds, Series 2008E of the City of Ankeny, Iowa, under the provisions of the
                  City Code of Iowa, and providing for a method of payment of the bonds.

   CA-56          Consider motion to adopt RESOLUTION 2008-433, approving the eight core
                  business statements for the City of Ankeny.

 Final Agenda Additions

   CA-57          Consider motion to set hearing for January 19, 2008 - 5:30 p.m. for a nuisance
                  abatement related to Carmella Villa Townhome Association.

       ACTION #3. Kissinger made the motion to approve the recommendations for
                   Consent Agenda Items CA-1 through CA-57, seconded by Block.
       ROLL CALL
       2008-1215.03      YES 5        NO    0
City Council Minutes
December 15, 2008


G. SUPPLEMENTAL & REMOVED CONSENT AGENDA ITEMS:

         ACTION #4. No action taken

H. RECESS: none

I.   LEGISLATIVE BUSINESS:

        Metropolitan Planning Organization – Committee Appointments

                              Policy Committee:
                              Primary Representatives: Carl Metzger, Steve Van Oort and
                              Craig Block
                              Alternate Representatives: Gary Lorenz, Tom Strait and Gary
                              Welch

                              Transportation Technical Committee:
                              Primary Representatives: Paul Moritz, John Peterson and Matt
                              McQuillen
                              Alternate Representatives: Matt Ahrens and Eric Jensen

         ACTION #5. Kissinger made the motion to adopt RESOLUTION 2008-434, re-
                     appointing Ankeny’s representatives to the Metropolitan Planning
                     Organization, seconded by Block.
         ROLL CALL
         2008-1215.05       YES 5        NO     0

        Des Moines Metropolitan Wastewater Reclamation Authority (WRA) Appointments

                       WRA Board Representatives:
                       Gary Lorenz
                       Richard Ash

                       WRA Board Alternate Representatives:
                       Steve Van Oort
                       Carl Metzger

                       WRA Technical Committee:
                       Jolee Belzung

                       WRA Technical Committee Alternate Representative:
                       Ken Plager

         ACTION #6. Kissinger made the motion to adopt RESOLUTION 2008-435, re-
                     appointing Ankeny’s representatives to the Des Moines Metropolitan
                     Wastewater Reclamation Authority (WRA), seconded by Block.
         ROLL CALL
         2008-1215.06       YES 5        NO    0

        Mayor/City Council Subcommittee Appointments
City Council Minutes
December 15, 2008



       Metro Waste Authority
       Gary Welch, Primary   Gary Lorenz, Alternate

       ACTION #7. Strait made the motion to accept Mayor’s appointments to the Metro
                   Waste Authority, seconded by Lorenz.
       ROLL CALL
       2008-1215.07       YES 5         NO    0

      Approval of Ordinances: none

J. OLD BUSINESS: none

K. NEW BUSINESS:

      Proposed Property Acquisition – 2009 SE Oralabor Road Reconstruction Project
       (PH 2008-50)

       ACTION #8. Block made the motion to adopt RESOLUTION 2008-436, approving
                   and authorizing the acquisition of property and property interests for
                   the SE Oralabor Road Reconstruction Project, seconded by Lorenz.
       ROLL CALL
       2008-1215.08       YES 5         NO     0

      Proposed 2009 Parks & Recreation Fee

       ACTION #9. Strait made the motion to approve the recommendation of the Park
                   Board establishing the 2009 schedule of fees for parks and
                   recreation, seconded by Kissinger.
       ROLL CALL
       2008-1215.09        YES 5        NO    0

      General Turf Maintenance Mowing Contract
       Award of Contract

             ACTION #10. Kissinger made the motion to receive and file report of bids
                         received and award the General Turf Maintenance Mowing
                         Contract to Perficut Lawn & Landscape of Des Moines, Iowa
                         for the period beginning January, 2009 through December 31,
                         2011 and authorize mayor to execute the General Turf
                         Maintenance Mowing Contract, seconded by Lorenz.
       ROLL CALL
       2008-1215.10      YES 5         NO     0

L. ADMINISTRATIVE BUSINESS:

      REPORT OF THE CITY STAFF:

       City Manager, Carl Metzger, reported on the approval for STP Funding through MPO..for
       the Neil Smith Trail ..$____
City Council Minutes
December 15, 2008



      REPORT OF THE GOVERNING BODY:

       Council member Kissinger requested the discussion of property exchange be placed on
       the January subcommittee meeting.

           Future Council Agenda Items:
           - No Council Action Planning Session - 12/22/08 or 12/29/08
           - Public Hearing: Vacation of Public Utility/storm wtr & storm wtr flowage –
              Briar Creek Plat 1 – 1/5/09 @ 5:30 p.m.
           - Council Budget Workshop - 1/12/09 @ 5:00 p.m.
           - Public Hearing: Establishing Connection Fees/Eastside Sanitary Sewer
              Connection District 1 - date of hrg: 1/19/09 @ 5:30 p.m.
           - Public Hearing: Establishing Connection Fees/Northern Interceptor Trunk
              Sewer Connection District 1 - date of hrg: 1/19/09 @ 5:30 p.m.
           - Nuisance Abatement Hearing - 1/19/08 @ 5:30 p.m.
           - Council Budget Workshop - 1/26/09 @5:00 p.m.
           - Council Budget Retreat - 2/6/09 @ 9:00 a.m. to 5:00 p.m.
           - Council Budget Workshop - 2/9/09 @ 5:00 p.m.
           - Council Budget Workshop - 2/23/09 @ 5:00 p.m.
           - Public Hearing - FY09Budget Amend/FY10Budget - 3/2/09 @ 5:30 p.m.

M. ADJOURNMENT

       ACTION #11. There being no further business, Strait made the motion to adjourn,
                   seconded by Lorenz. (6:24 p.m.)

       ROLL CALL
       2008-1215.11          YES   5      NO     0


_______________________                                 ____________________________
Pamela DeMouth, City Clerk                              Gary L. Welch, Mayor Pro tem

The context of the above meeting will be submitted for council action at their next regular
meeting on January 5, 2009.

Published in the Des Moines Register on the 26th day of December, 2008.

				
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