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Home My WebLink About1988-11-08-Regular MinutesOn September 20,1988,the City of IJaukee held a special election for the positions of Hayor and City Council seat.268 ballots were cast for'the Hayor'spositionas follows, 1 Luke J Gruber-------------63 Larry W Oetting-----------40 David R Schuessler--------45 Floyd W Rosenkranz--------117 (write in) Blank---------------------3 and Floyd W Rosenkranz was elected.with the term to expire 12-31-89. 268.ballots were cast for the Council seat as follows: Nicholas Gruber-----------119 Curtis Scott--------------126 Blank---------------------23 and Curtis Scott was elected with the term to expire 12-31-89. Floyd W Rosenkranz resigned his City Council seat on Septenber 29, 1988 which was to expire on 12-31-91. On September 30,1988,Floyd ,,1 Rosenkranz was sworn in as Hayor by City Clerk,Brian Redshaw.He is filling the balance of the unexpired term of Gordon Christianson which ends on 12-31-89. On October 3,1988,Curtis L Scott was sworn in as City Councilman by City Clerk,Brian Redshaw.He is filling the balance of the un- expired term of Joseph Stork which ends on 12-31-89. November 8,1988 The regular meeting of the Waukee City Council was called to order at 7:30 p vm ,by Hayor Floyd VI Rosenkranz.Brian J.Redshaw was present and taking minutes. A roll call was taken and the following City Councilmen were present: Scott,Gruber,Brown,Hoifeldtand Oetting. The following guests and staff were also present:Kerry Gray,Jim Thompson,Allen 11unsterman,Roger Buffington,Paul E Huscher,Hark Roginske,Wendy Hanson-Hagner,Don Overholzer,Nick Gruber,Jeff Abbas,and Rick Ross. lfuved by Gruber,second by Brown,to approve the minutes of September l3,.October 6 and 18,including the correction of FY 87-88 budget amendment resolution as follows from October 13,1987 and Hay 24,1988 as fo Tl.ows: Resolution No e 64 Program Comm Human Home &Policy & Totals Prot Dev.Comm •Adm. From:204,617 !f4,083 1,704,334 56,438 To:204,617 47,465 1,704,334 56,438 Resolution No.79 Program Comro Human Home &.Policy & Totals Prot Dev.Comm ,Adm, From:208,901 47,465 1,704,334 56,438 To:208,901 47,!.65 1,854,334 56,438 Carried 5 to 0. 110ved by Gruber,second by Oetting,to approve a Class C liquor license and Sunday sales privilege for The Bank.Carried 5 to 0. 2 Uovember 8,1988---cont l10ved by Gruber,second by Hoifeldt,to approve a Class C liquor license,Sunday'aa Le s-privilege and cigarette permit for Gilligan's Golden Spur.Carried 5 to O. l10ved by Oetting,second by Scott,to approve the Treasurer's report. Carried 5 to O. l10ved by Hoifeldt,second by Gruber,to approve the bill presentation as follows: A &W Electrical Cont Accurate,Inc. Alexander &Alexander Alexander Battery Co Any Season Equipment B (.B Sanitation Bates &Associates Blue Cross/Blue Shield Brown Supply Co Inc. Chicago Tube &Iron Casey's General Store Crouse Cartage Co Dallas County News Des l10ines Chrysler R G Dickinson Electronic Engineering Energy Economics Farmer's Co-op Wes t Suburban Ford Floyd's Sporting Goods B Diane Findlay Grimes Asphalt Hark L Gruber Paul E Huscher Iowa Pipeline Assoc Iowa Power Harry N Jones KAR Products Lenze Backhoe Hatt Parrott Heans Services HcCoy Auto Supply U.S.West Communications Olson Bros Donald Parry Payless Cashways Plexco-Fairfield R &R lJelding Radio Shack Floyd Rosenkranz Schildberg Const Sink Paper Co Spry Auto (.Harine Stoffel Seals Corp University Photo Utility Consultants Van-Wall Equipment vi'W Grainger Water Products Co Haukee Hardware Waukee 11unicipal Gas Waukee Vet Clinic Waukee Ii/oodSpecial ties vilest Des Hoines Towing Ii'estpointe Car Wash wa t er serv call office supplies employee blk.bond 12 FR pager batteries pump &hose 10-88 nickuns tan tees &iiner 11:'1 to 12-1 gutter brooms 10 valves PD film Plexico freight 10-6 to 10-26 77 Dodge &79 Chev 5-1 to 11-1 11-1 to 11-30 10 gas meter rep. 10-88 statement 85 Ford PD equip.box 15 mi,@.2l 4.82 T cold mix 10-88 bldg.permits 10-88 retainer Bailey welding 9-14 to 10-13 10-10 to 11-9 automotive fuses Crane/Cornelius/S.F. 3 cs.computer paper PD floor mats auto parts 10-10 to 11-9 10-1 to 10-31 PD sidinz repair gas tracing wire 2000'1/2 CTS nine container R &b . 12 LN-60 cassettes Oct/Nov Hayor salary 206.52 T 3/4 roadstone 2 cs ,tissue 2 FR heater hoses badges for school PD film processing 10-88 lagoon tests JD blades gas sling water aeters 10-88 statement 9-23 to 10-26 dog pickups PD work PD tow carwashes TOTAL Carried 5 to O. $32.50 %.97 144.00 !f3.25 99.53 20.00 626.49 2664.77 217.00 1215.40 20.61 42.90 173.16 727.97 26250.00 16.80 377.!f5 536.54 285.84 71.41 3.15 180.75 449.50 375.00 97.48 3656.66 15.90 70.40 2888.00 103.59 28.08 104.45 410.25 101.44 155.34 128.55 265.60 27.90 21.00 160.00 1631.51 154.00 8.00 132.83 9.21 98.00 35.49 19.83 764.00 55!f.14 265.96 185.00 327.50 30.00 104.49 $47,223.59 3 November 8,1988---cont An Urban Renewal Plan hearing was held as published in the Dallas COillltvNews.After it was dete=ined that the document should have been reviewed by the Planning &Zoning Co~ission prior to the hearing date,it was decided to reschedule the hearing at a later date.The Planning &Zoning Commission is scheduled to.review the Urban Renewal Plan on Tuesday,November 15 at 7:30 p i m, \vith lack of action on the Urban Renewal Plan,it was inappropriate to consider the Tax Increment Financing Ordinance at this time. The City Council took up and considered the resolution next herein- after set out.After due consideration and discussion,Council Member Hoife1dt introduced and proposed the adoption of the resol- ution.The Motion was seconded by COilllci1Member Oettin,f"and passed with record vote as follows: Ayes: Hays: Scott,Gruber,Brown,Hoife1dt,Oetting None recorded Hhereupon,the Mayor declared the resolution duly adopted,as follows: RESCilLUTIONNO.89 Prodviding for the issuance of Refunding Harrants to evidence amounts payable for the construction of the Waukee,IOwa-1987 Annexation Area Hater !fain Project. WHEREAS,The City Council of the City of Haukee,Iowa (the "City"),has previously issued warrants in the aggregate principal amount of $325.000 (hereinafter referred to as the "Outstanding Warrants"),bearing interest at the rate of Seven and One-Half Per Center (7~%)per annum,which were issued for the purpose of paying costs in connection with the consturction of the Haukee,Iowa-1987 Annexation Area Water Hain Project (the "Project");and HHEPillAS,the Outstanding Warrants were made payable on or before December 1,1988;and ,rrIEREAS,the City intends to refund the Outstanding Warrants through tae issuance of bonds,but the bond proceeds will not be available to the City by December 1,1988;and \VHEREAS it is in the best interests of the City to refund the Outstanding Warrants by issuing $325,000 in refunding warrants (the "Refunding Harrants"); NOH,THEREFOPill,BE IT RESOLVED by the City Counc i.L of the City of Haukee,Iowa,as follows: Section 1.The Re fun ddng Harrants are hereby ordered to be prepared,executed and issued in the aggregate principal amount of $325,000,dated December 1,1988,in the denomination of $5,000 each or any integral multiple thereof,maturing on June 1,1989,and bearing interest at the rate of Seven and One-Half Per Cent (7~%)per annum, payable at maturity,unless prepaid in accordnance with their terms. The Refunding Warrants shall be payable from such fund or funds of the City as are legally available for such purpose,including but not limited to,the proceeds from the sale of General Obligation Bonds and/or the proceeds from the sale of \later Revenue Bonds and/or the future Net Revenues of the Ifunicipal Haterworks System of the City. Section 2.The City hereby reserves the right to prepay the amount represented by the Refunding Warrants individually,at any time prior to the maturity thereof,with acc~ued interest to the date of such payment. Section 3.The Ifayor and City Clerk are hereby authorized and directed to execute and deliver the Refunding Warrants and the Clerk is hereby authorized and directed to pay interest due on the Outstanrling \varrants on December 1,1988. Section 4,The Refunding Harrants shall be delivered in payment for the Outstanding Harrants and upon such payment,the Outstanding Harrants shall be cancelled and destroyed. 4 November 8,1988---cont Section 5.The Refunding Warrants shall be in form substan- tially as sattached to this resolution and shall be payable as to principal and interest in accordnance with the terms set forth therein. Section 6.The City shall maintain as confidential the record of identity of owners of the Refunding Warrants,as providea "by Section 22.7 of the Code of Iowa. Section 7.The City Clerk is hereby designated as the Regis- trar and Paying Agent with respect to the Refunding Warrants. Section 8.It is the intention of the City that interest on the Refunding Warrants be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate _pro- visions of the Internal Revenue Code of 1986,as amended,and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"). In furtheranae thereof the City covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or maneded and further covenants to comply with applicable future laws,regulations,published rulings and court decisions as may be necessary to insure that the interest on the Refunding Warrants will remain excluded from gross income for federal income tax purposes.Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained. The City hereby designated the Refunding tiTarrants as "Qualif- ied Tax Exempt Obligations"as that term is used in Section 265 (b)(3)(B)of the Internal Revenue Code. Section 9.All resolutions or parts of resolutions in con- flict herewith be and the same are hereby repealed,to the extent of such conflict. Passed and approved this 8th day of November,1988. It was moved by Councilman Gruber,and seconded by Councilman Oetting,that the Ordinance entitled:"AN ORDINANCE TO Al'ffiND CHPATER 203,tiTAUKEE,HUNICIPAL CODE,WATER RATE OPJHNAl'lCE.Al'l ORDINANCE MfENDING WATER RATES TO BE CHARGED BY THE WATER HORKS OPERATED BY THE CITY OF ~JAUKEE,IOWA"be now read by the City Clerk.The Mayor put the question on the motion,and the roll being called,the following named Councilmen voted: Ayes: Nays: Oetting,Hoifeldt,Brown,Gruber,Scott None recorded tfuereupon,the Hayor declared the motion duly carried. The Clerk read the proposed ordinance for the 3rdtime as follows: ORDINANCE NO.d lOG:::, AN ORDINANCE TO AMEND CHAPTER 203,WAUKEE,HUNICIPAL CODE,WATER RATE ORDINANCE.AN ORDINANCE AMENDING WATER RATES TO BE CHARGED BY THE WATERS WORKS OPERATED BY THE CITY OF WAUKEE,IO\'IA... BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 203.2 of Chapter 203 Waukee Huncipal Code,is hereby amended by deleting said section and insert- ing in lieu thereof the following: §203.2 Water Rates.Water shall be furnished at the following monthly rates per meter within the city limits: First 3,000 gallons or lesser amount per month $13.00 per month (minimum monthly bi 11) November 8,1988---cont 5 $.00325 per gallon per mo n t.h All users outside the City of Waukee will be charged $26.00 per month minimum and two times the above designated rates per meter. Allover 3,000 gallons Section 2.Effective Date.This ordinance shall be in effect after its final passage,approval,and publication as required by law. Passed by the C2,.ulfYilthe ~day of ~,1938:,and approved this ~day of~r 19'8'8. It was moved by Councilman Hoifeldt,and seconded by Councilman Oetting,that the Ordinance entitled:"AN ORDINANCE TO ABEND CHAPTER 203,WAUKEE,MUNICIPAL CODE,WATER RATE ORDINANCE.AN ORDINANCE AMENDING WATER RATES TO BE CHARGED BY THE IJATER lVORKS OPERATED BY TIIE CITY OF WAUKEE,IOWA"be now put upon its final passage and adoption.The Hayor put the question on the final passage and adoption of said Ordinance,and the roll being called,the following named Counci lmen voted: .Ayes: Nays: Scott,Gruber,Brown,Hoifeldt,Oetting None recorded Whereupon,the Hayor declared said Ordinance duly adopted and passed,and signed his approval to said Ordinance. A proposed Hickman Access Ordinance was presented to the Council for consideration. Councilman Gruber introduced an Ordinance entitled:AN ORDINANCE TO AHEND CHAPTER 303,WAUKEE,11UNICPAL CODE,AN ORDINANCE PROVIDING RULES,REGULATIONS AND STA~lDARDS TO .GUlIELAND SUBDIVISION IN HAUKEE, IeUA,TO PROVIDE FOR REUmURSmmNT BY THE CITY OF COSTS ADVANCED BY CONTPcACTORS OF EXPENSES ORIGINALLY PAID BY CONTRACTORS IN SUB- DIVISIONS REQUIRING EXTENSIONS OF }~IN GASLINES IN THE CITY OF HAUKEE". It was moved by Councilman Oetting,and seconded by Councilman Scott,that the Ordinance entitled:"AN ORDINANCE TO AHEND CHAPTER 303,HAUKEE MUNICIPAL CODE,AN ORDINANCE PROVIDING RULES,REGULATIONS AND STANDARDS TO GUIDE LAND SUBDIVISION IN IJAUKEE,ImIA,TO PROVIDE FOR PJmmURSEHENT BY THE CITY OF COSTS ADVANCED BY CONTRACTORS OF EXPENSES ORIGINALLY PAID BY CONTRACTORS IN SUBDIVISIONS REOUIRING EXTENSIONS OF }~IN GASLInES IN THE CITY OF WAUKEE"be now read by the City Clerk.The Hayor put the question on the motion,and the roll being called,the following named Councilmen voted: Ayes:Scott,Gruber,Brown,Hoifeldt,Oetting Nays:None recorded Hhereupon,the Hayor declared the motion duly carried, The Clerk read the proposed Ordinance for the 1st time as follows: AN ORDINANCE TO AHEND CHAPTER 303,WAUKEE,HUNICIPAL CODE,AN ORDINANCE PROVIDING RULES,REGULATIONS AND STANDARDS TO GUIDE LAND SUI?DIVISION IN WAUKEE,IOWA,TO PROVIDE FOR REU1BU.RSE11ET BY THE CITY OF COSTS ADVANCED BY CONTRACTORS OF EXPEN.SES ORIGINALLY PAID BY CONTRACTORS IN SUBDIVISIONS RE- QUIRING EXTENSIONS OF HAIN GASLINES IN THE CITY OF WAUKEE. BE IT ORDAINED by the Council of the City of Waukee: Sectio~1.Section 303.167 of Chapter 303 Waukee Munic- Code,1S amended by.substituting thereto the following: Within ninety (90)days of meter installation or':Ipon permanent .occupancy of the principal build- rnq on a lot r n the new subdivision,a refund shall,be made to the subdivider,of the costs of mater1als and installation of the gas main,pro- rated as to the ratio of said lot to the total number of said building lots in the subdivision. ipal 6 November 8,1988~~-cb nt Section 303.167 shall now read: ·Th~sUbdi~ider shall be responsible for the cost of lnstal~l!1g,the natural gas system within all new subdiViSiOnS.The necessary piping and appurtenances shall be ~nstalled by the City and the costs ~f all material,equipment,and labor s~al~be,billed to and paid by the subdivider. Within ninety (90)days of meter installation or ';Iponpermanent .occupancy of the principal build- ing on a lot in the new sUbdivision,a refund shall.be made ~o the sUbdivider,of the costs of materials and installation of the gas main,pro- rated as to t.he ra~io.of said lot to the total n';lmber of said bUilding lots in the subdl'Vl'-Slon."- Section 2. effect after its required by law. E~fective Date.This ordinance shall be final passage,approval,and publication in as Frank Hoifeldt,chairman of the Streets Committee,reported on his meeting held on November 5 concerning the FY 88-89 Streets Construction project.Streets listed for improvements were: Walnut St.from 6th to 7th and 4th St.-S.Schaal to Northview Dr. A petition was received and filed for a special election to fill the Council seat.The election will be held as soon as practical. Construction drawings for Southfork Plat #2 were delivered to the City Engineer this afternoon and were not reviewed at this time. Rick Ross of Tomrik,Inc.discussed with the Council the feasib- ility of installing a trunk sewer line south of the park,along University Ave.to serve a 30 acre parcel which he had optioned. The property in question is.found at the northeast corner of the intersection of Ashworth Dr.and University Ave.Mr Ross also has the right of first refusal on a second 40 acre parcel.The Council did not have an opinion due to the lack of information submitted and was not in a position to endorse or deny the project. Mr Ross will investigate drawing up a contract for a private sewer line to his optioned property. Moved by Oetting,second by Brown,to approve pay estimate {fl in the amount of $64,598.57 to R GElder &Sons.Carried 5 to O. Moved by Scott,second by Gruber,to set January 17,1988 for a special election on the Utility Board question and the City Council seat.A roll call vote was held as follows: Ayes: Nays: Scott,Gruber,Brown,Hoifeldt,Oetting None recorded The City Council discussed paynent of pay estimate 'ift2toDes Haines Asphalt.Although the Council was not pleased with the final surface on East St.,it was decided that the project met the specifications tied to the contract.The City Engineer had used a rolling 10'straight edge and determined conformance. Moved by Gruber,second by Oetting,to approve pay estimate #2 in amount of $8571.66 and change order #1 in amount of $963.60 to Des Moines Asphalt.Carried 5 to O. The out-of-town gas rate ordinance was presented to the City Council and referred to the Utilities Committee. Brian Redshaw advised the Council that Jerry Miller had gone into the hospital on October 23 and had surgery on October 25.As of this date,he still was in Mercy Hospital and no determination had been made concerning his return to work.Due to the work load, Brian Redshaw requested temporary replacement help. 7 November 8,1988---cont Hovecl by Oetting,second by Hoifeldt,to pay Blue Cross/Blue Shield for Jerry Hiller for November and December with the job bein"kept open until further review for Jerry Miller.A roll call vot~was taken as follows: Ayes: Nays: Scott,Gruber,Brown,Hoifeldt,Oetting None recorded Moved by Gruber,secorid by Brown,to hire a temporary maintenance employee.Carried 5 to O. Jerry Brown gave the Public Safety report. Frank Hoifeldt gave the Parks Committee report. Larry Oetting gave the Utilities Committee report. Floyd Rosenkranz gave the Mayor's report. Brian Redshaw gave the Administrator's report. Roger Buffington of Snyder &Associates formally announced his resignation from Snyder &Associates,effective November 10.Al 11unsterman will be handling the City's work. l10ved by Gruber,second by Brown,to adjourn at 9:47 p i m,Carried5toO. Meeting adjourned. November 22,1988 A special meeting of the Waukee City Council was called to order on November 22,1988 at 7:30 p.m.by Hayor Floyd Rosenkranz at the Waukee High School gy=asium.Brian J.Redshaw was present and taking minutes. A roll call was held and all Councilmen were present except Gruber. The following guests and staff were also present:Jeff Abbas,Al Huns terman,Paul E Huscher,George Kramer,Dan Gardiner,Jack Vlearmouth,Clair Eason,Herle Rees,Terry Jilek,Jim Thompson, Harlys Thompson,Harvin Berger,George Stifel,Chet Chedester, Tom Gratias,Ray Clark l10ved by Hoifeldt,second by Brown,to accept the 1988 Street Project. A roll call vote was held as follows: Ayes:Oetting,Hoifeldt,Brown,Scott Nays:None recorded Absent:Gruber Ho ve d by Hoifeldt,second by Oetting,to ann rove Res olution llo.90 as follows: RESOLUTION NO.qo Resolution providing for the issuance of Warrants in connection with the construction of the 1988 Walnut Ridge Water Main Project WHEREAS,the City of waukee,Iowa (the "City"),has authority to issue Warrants for the purpose of defraying costs in connection with the construction of the 1988 Walnut Ridge Water Main Project (hereinafter referred to as the "Project");and