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Home My WebLink About1987-08-31-Special Minutes..._-.._----._-------..-._---._._-..- August 11,1987---cont 177 The City Council will consider a gas rate reduction ordinance onSeptember8,1987 at 7:30P.N. Noved by Brown,second by Tovrea,to go into closed session,Arollcallvotewasheldasfollows: Ayes:Gruber,Tovrea,Brown,Hoifeldt Nays:None recorded Absent:Stork The City Council went into closed session at 9:00 p.m.citing its authority under Section 28A,5c (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 dis- advantage the position of the governIllElfItii.lbody in that litigation)Code of Iowa,1987. The City Council returned from closed session at 9:45 p,m, 110ved by Gruber,second by Tovrea,to send back to the City of Clive a 10 year annexation moratorium with paragraph 3 to read as follo1;l7s: 3.That this Agreement is applicable to all pending annexation proceedings pursuant to Chapter 368 of the 1987 Code of Iowa as well as any annexation proceedings that may be commenced in the future during the term of this Agreement regarding the above described realestateareherewithterminated, Carried 4 to 0, Noved by Gruber,second by Tovrea,not to take action on 5 year annexation moratorium submitted by Clive,Carried 4 to O. Noved by Brown,second by Tovrea,to write a letter of opposition to the involuntary annexation of Clive and authorize the City Attorney to attend the hearing,Carried 4 to O. The City Council took no action on the West Des Noines voluntary annexation petition recently filed with the City Development Board. 110ved by Brown,second by Tovrea,to adjourn at 10:04 p.m,o Carried4to0, Neeting adjourned. August 31,1987 A special meeting of the City Council was called to order by Hayorpro-tem,Jerry Bro,m at 7:00 p.m. The following Councilmen were present:Gruber,Brown,Hoifeldt and Stork.Absent:Tovrea,and Mayor Christianson. The following guests and staff were also present:Roger Buffington, Bob Christianson,Leigh Davis,Brian Redshaw,Paul !luscher,Ray Clark, Remo Nizzi,Ron Olson,Floyd Rosenkranz and l1rs Gary White, Roger Buffington spoke to the Council regarding the proposed routingofthe12"water main. Paul Huscher proposed a moratorium prohibiting involuntary petitions being filed,by either city.This annexation moratorium proposal would leave the voluntary petition open to either city. Noved by Hoifeldt,second by Gruber,to September 8 at 7:30 p,m.f~r a hearing on a 5 year moratorium on involuntary annexation or posslbly on voluntary annexation petitions. .78 August 31,1987---cont Carried 4 to o. Hoved by Gruber,second by Hoifeldt,.t o,adopt the following resolution: RESOLUTION NO.56 Be It Resolved.by the Waukee City Council,that the City Attorney be instructed to proceed with resistance to the City of Clive's appeal. Carried 4 to O. Hayor pro-tern,Jerry Brown,asked for any questions or comments relative to the proposed A-l to R-5 rez'oning proposal as advertised in the Dallas County News and by notices to those on the City's utility billing list.No comments were received. Councilman Hoifeldt introduced an Ordinance entitled:"AN ORDINANCE TO Al1END CHAPTER 301,WAUKEE,HUNICIPAL CODE,ZONING ORDINANCE OF THE CITY DF WAUKEE,IOWA,BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-l (AGRICULTURAL)TO R-5 (PLANNED UNIT DEVELOPl1ENT)". It was moved by Councilman Gruber,and seconded by Councilman Stork, that the Ordinance entitled:"AN ORDINANCE TO Al1END CHAPTER 301, lJAUKEE ltJUNICIPALCODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA, BY REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROH A-l (AGRI- CULTURAL)TO R-5 (PLANNED UNIT DEVELOPMENT)"be now read by the City Clerk.The Hayor pro tem put the question on the motion, and the roll being called,the following named Councilmen voted: Ayes:Gruber,Brown,Hoifeldt,Stork Nays:None recorded Absent:Tovrea Whereupon,the Hayor pro-tern declared the motion duly carried. ORDINANCE NO.;)03!! AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE- ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-l (AGRICULTURAL)TO R-5 (PLANNED UNIT DEVELOPMENT). BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 301.4 of Chapter 301 Waukee Muni- cipal Code,Zoning Ordinance of the City,adopting the Of- ficial Zoning Map,is hereby amended by chang1ng the fol- lowing described real estate from ;,-1 (Agricultural)to R-5 (Planned Unit Development):--. The Northwest Q,larter of the Southeast Q,larter (NW 1/4,SE 1/4)and the Southwest Q,larter of the Southeast Q,larter (SW 1/4,SE 1/4)except the West 512 feet of the South 290 feet,and the Northeast Q,larter of the Southwest Q,larteF (NE 1/4,SW 1/4),and the Southeast Q,larter of Southwest Q,larter (SE 1/4,SW 1/4)except the South 380 feet of the West 570 feet,and except Walnut Ridge Plats 1 and 2,all in Section 36, Township 79 North,Range 26 West of the 5th P.M.,Dallas Co~~ty,Iowa. Section 2. in effect after tion as required Effective its final by law. Date.This ordi"ance shall be passagm,approval and publica- August 31,1987---cont It was moved by Councilman Stork,and seconded by Councilman Hoifeldt, that the rule that an ordinance must be received and filed at two meetings prior to the meeting when final action is taken or,if published in summary,be received and filed at one meeting prior to the meeting of final action,be dispensed with.The Mayor pro-tem put the question on the motion,and the roll being passed,the following named councilmen voted: Ayes:Stork,Hoifeldt,Brown,Gruber Nays:None recorded Absent:Tovrea Whereupon,the Mayor pro-tem declared the motion duly carried. It was moved by Councilman Hoifeldt,and seconded by Councilman Stork,that the ordinance entitled:"AN ORDINANCE TO Al1END CHAPTER 301 ,WAUKEE,MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE, IOWA,BE REZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I (AGRICULTURAL)TO R-5 (PLANNED UNIT DEVELOP11ENT)"be now put upon its final passage and adoption.The Mayor put the question on the final passage and adoption of said Ordinance,and the roll being called,the following named Councilmen voted: Ayes:Gruber,Brown,Hoifeldt,Stork Nays:None recorded Ab s en t :Tovrea Whereupon,the Hayor pro-tem declared 'said Ordinance duly adonted and passed,and signed his approval to said Ordinance. Moved by Stork,second by Gruber,to adopt the following,resolution: RESOLUTION NO.57 RESOLUTION ADOPTING Al1ENm1ENT TO THE ARTICLES OF AGREEMENT OF THE IOWA MUNICIPALITIES WORKERS'CO~WENSATION ASSOCIATION WHEREAS,Articles of Agreement establishing the Iowa Municipalities Workers'Compensation Association were initially adopted by four municipalities,pursuant to the provisions of Chapter 28E of tha Code of Iowa;and WHEREAS,subsequently over 175 additional municipalities have adopted said Articles of Agreement and have participated in the programs of the Association;and WHEREAS,a number of Amendme.nts to said Articles of Agreement have been proposed,which Amendments are set out in Exhibit A attached to this Resolution and hereby made a part hereof;and T,T[!E:'EAS,said Amendments would enhance the ability of the Association to serve participating municipalities and to provide further cost s avf.ngs ;and WHEREAS,before said Amendments can become effective,they must be approved by sufficient participating municipalities constituting a majority of the paid in dollar volume of contributions to the Association during th~current fiscal year; f.~, NOW THEREFORE,BE IT llliSOLVED by the City Council of the City of Waukee,Iowa,the the Amendments to the Articles of Agreement of the Iowa Municipalities Workers'Compensation Association referred to in the preamble hereof,and in substantially the form set out in Exhibit A attached hereto,are hereby approved. Passed and approved this 31st day of August,1987. Carried 4 to O. iioved by Gruber,second by Hoifeldt,to approve the following resolution: RESOLUTION NO.58 RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A WORKERS'CO~WENSATION COVERAGE AGREEMENT AND AUTHORIZING AND 180 August 31,1987---cont APPROVING THE ISSUANCE OF BONDS BY THE IOliJAHUNICIPALITIES WORKERS'COMPENSATION ASSOCIATION BE IT RESOLVED by the City Council of the City of Waukee that it is in the best interest of the City that the following Ivorkers'Compensation Coverage Agreement (the "Agreement"), attached hereto as Exhibit A,be approved in substantially the form attached hereto,and the Hayor and City Clerk of the City are hereby authorized and directed to execute the document with such modifications,additions or deletions as may be necessary or desirable upon the advice of bond counsel to put the Agree- ment in force and effect in accordinance with the terms of the Workers'Compensation Coverage Hemorandum attached as Appendix B to'the Agreement,and to effectuate the purposes of the Iowa l1unicipa1ities Workers'Compensation Association,and to take - such other action as may be necessary to comply with the pro- visions of the Constitution and laws of the State of Iowa and the Internal Revenue Code of 1986,or any amendments thereto or any other federal legislation then enacted or pending which is applicable to any of the provisions contained in the Agreement. The execution of the Agreement shall forever be of such modif- ications,additions or deletions.The City Council agrees to be bound by such amendments to the Agreement required by a resol- ution approved by the Iowa l1unicipa1ities Workers'Compensation Association and such rules and procedures as shall be promulgated thereby and required thereunder. BE IT FURTHER RESOLVED that it is in the best interest of the City for the Iowa l1unicipa1ities Workers'Compensation Associ- ation to issue'its revenue bonds on behalf of the Citv in further- ance of and as contemplated by the Agreement,and the"City Council hereby authorizes and directs such Association to issued and sell such bonds,which bonds shall not constitute a debt or indebted- ness of the City under the Constitution and laws of the State of Iowa BE IT FURTHER RESOLVED that if such bonds are not issued,sold and delivered,the City shall continue to participate in the worker~'compensation coverage program of the Iowa 11unicipa1ities Workers'Compensation Association in accordance with the terms of covereage set forth in the Workers'Compensation Coverage l1emorandum ,the form of which is attached as Appendix B to the Agreement. The Agreement is approved and made part of this Resolution duly adopted this 31st day of August,1987. Carried 4 to O. Moved by Gruber,second by Hoife1dt,to adjourn at 8:09 p.m. Carried 4 toO. adjourned.--------