Loading...
HomeMy WebLinkAbout1990-10-09-Regular Minutes218 September 25,1990 meeting con't. WHEREAS,the City of Waukee,at a special council meeting on September 25,1990,approved final Plat (4),Mary Ann Estates,Waukee,Iowa, Dallas County. ATTEST :;rv~~II.-UPJ2 .·1· Brian ~RjPshaw,City Clerk V Dated at Waukee,Iowa oD.September 26,1990 Roll call as follows: Scott,Gruber,C~ark,Barrett,Bailey None recorded Ayes: Nays: Moved by Bailey,second by Barrett,to pay $2672.00 for 8 to 12"water~ main cost difference for Mary Ann Estates Plat 4.Carried 5 to O. The City Council discussed the hiring of a fifth full-time maintenance man.It was agreed to offer this position to Tim Royer who is presently working part-time.An internal promotion would be offered to a maintenance employeewhos responsibility would be to organize and maintain gas department records. Moved by Scott,second by Gruber,to approve the purchase of Fire Department Radio for $1545.Carried 5 to O. Moved by Gruber,second by Barrett to adjourn at 10:08.Carried 5 to O. 1October9,1990 The regular meeting of the Waukee City Council was called to order at 7:30 P.M.by Maryor Floyd W.Rosenkranz.Brian Redshaw was present and taking minutes. A roll call was taken and the following named councilmen were present: Bailey,Scott,Barrett and Clark.Absent:Gruber. The following guests and staff were also present:Ann Ford,Marilyn Deets,Paul Huscher,Steve Pierce,Greg Breuer,Lloyd Royer. Moved by Scott,second by Clark to approve the September 11 and 25th minutes as corrected.September 25th minutes should include the following line before the list of guests and staff:A roll call was taken and the following Councilmen were present:Gruber,Bailey,Scott,Barrett and Clark.The September 25th minutes should have the following line and signatures deleted from page 215:On the motion and vote,meeting adj ourned.Motion carried 4 to O. I October 9,1990 meeting continued 219 Ann Ford presented a Hazardous Materials Report. Moved by Scott,second by Bailey,accept the report and recommend sign~ge and training program.Carried 4 to O. Moved by Clark,second by Scott,to approve the Treasurer's Report as presented.Carried 4 to O.(Rev.Aug.) Moved by Bailey,second by Barrett,to approve the Treasurer's Report. Carried 4 to O.(Rev.Sept) Moved by Scott,second by Clark,to approve the amended Bill Presentation. Carried 4 to O. FINAL BILL PRESENTATION TUESDAY OCTOBER 9,1990,MARILYN F,DEETS,CITY TREASUP~R AMI ELECTRONICS ALEXANDER &ALEXANDER ALEXANDER BATTERY ALLIED CONSTRUCTION B &B SANITATION BEN FRANKLINS BINGS OFFICE SUPPLY BLUE CROSS/BLUE SHIELD BORDER BOOK SHOP BRITTAINS BROWN SUPPLY BTR EQUIHETER BUSINESS COHH, CARSONITE INTE~~ATIONAL CASE EQUIPMENT CENTRAL TRI\CTOR CLARK,VIRGINIA CLASSIC FLORISTS CoPY SYSTEH DALLAS COUNTY'J\'E-~IS DATA SOURCE DEMCO DES HOINES REGISTER DES MOINES ~IATER~IORKS ' ELECTRO-SERV ELECTRONIC ENGINEERING EliERGENCY liEDIC~L PROD. FARMER CO-OP FASHION FLOORS OF IOvlA FINDLEY,DIANE GAS PRODUCTS GROEBNER &.!\SSOC. GRUBER,HARK HALLETT HATERIALS HEART OF A1iERICl'. HERITAGE CABLEVISION HOTSY HUSCHER,PAUL HUSCHER,RICK IMWCA INGRAH IOWA LAW ENFORCE}~NT IOWA PAINT IOWA PIPELI):;"E IOI'IAPOVIER IOvlA POWER IOWA RADAR JONES LIBillLqySl'~S,INC JONES,HARP,Y K-L PARTS FIRE SIREN REPAIR DATA PROCESS.PREH.INCREASE FIRE DEPT.PAGER BATTERY LIBRARY DRYWALL WORK P,D./HAINT G.B.9/90 P.D.SUPPLIES P.D.SUPPLIES 10/01/90-11/01/90 LIBRARY BOOKS HAINT,DEPT.SUPPLIES HISC.HAINT.DEPT.SUPPLIES GAS METERS,SUPPLIES P.D.REPAIR UTILITY HARKER HAINT.BACKHOE HISC.HAINT.SUPPLIES LIBRARY ISLA 1990 DUES P.D./CITY ~~GEMENTS FAX REPAIRS/SERVICE CONTRACT 09/90 LEGAL PUBLICATIONS LIBRARY OFFICE SUPPLIES LIBRARY SUPPLIES POLICE OFFICER POSITION 08/28/90-09/25/90 LIBillLqyCONTRACT 9/90 FEES FIRST RESPONDER SUPPLIES 09/90 STATEMENT 'LIBRARY CARPETING LIBRARY CONF.FEE,SUPPLIES HISC.GAS SUPPLIES ATKINS PYROl-ITERKIT 09/90 BUILDING PERMIT FEE ICE CONTROL SAND P.D.SUPPLIES P~PAIR COST 240 SOUTHVIEW GAS DEPT SUPPLIES 09/90 RETAINER,ANNEXATION FEE POLICE DEPT.LEGAL FEE 89/90 AUDIT FEE LIBRARY BOOKS P.D.APPLICANT PSYCH TEST FEE STREET PAINT GAS DEPT.SERVICES REPAIR P,T NORTHWAY WELL 08/16/90-09/17/90 P.D.RADAR ANTENNA REPAIR LIBHARY SHELVES 09/10/90-10/09/90 FIP~DEPT.REPAIHS 216.75 393.00 B.57 4171.00 45.00 59.97 421.72 5384.61 35.56 200.00 543.16 860.10 30.00 593.96 290.00 55.76 5.00 31.00 37i.20 801.63 28.54 2194.43 114.00 9461.40 589.16 212.77 58.00 813.67 3210.45 64.96 1910.72 134.00 454.00 49.71 60.55 55.00 70.50 3567.00 40.00 149.00 153.23 44.05 689.97 720.64 70.69 4194.98 23.15 5544.00 19.25 R~.~t.:j 220 October 9,1990,minutes continued KAR PRODUCTS LAB SAFETY SUPPLY LAVINES MACK,LINDA HANNING,KATHY HARTIN KI\RIETTA MATT PARHOTT HC HILLEH CO. HCCOY HEANS,AHATEX HENARDS HETRO UNIFORHS HIDLAND TRANSPORT HUNICIPAL SUPPLY CO. NATIONAL CRIHINAL PREVENTION NElillA.NSIGNS NEWTON VP-LVE .•OLSONS OR.TZIN PAYLESS PERFECTION CORP. QUALITY FORD QUARRY R&R WELDING R.S.STOVERS ROSENKRANZ,FLOYD RUAN SECURITIES SENECA SERVICE HERCHANDISE .SINK PAPER CO SNYDER &ASSOC. SPECIALTY PENCILS SPRY AUTO STERNQUIST CONST. STORY KEmlORTHY U.S.~lEST UNIVERSITY CONSULTlL~TS INC. UNIVERSITY OF IOWA UNIVERSITY OF IOWA PRESS UNIVERSITY PHOTO VAN ZEE,CHRIS VEENSTRA &KIMH W W GRAINGER WASHPOINTE WAUKEE CHRISTIAN CHUR.CH WAUKEE ELECTRONICS WAUKEE HARDI~ARE WAUKEE HUNICIPAL UTILITIES WAUKEE VET CLINIC WAYNE MANUFACTURING WITYK,DEBRA WRS GROUP,INC. TOTAL MISC.GAS SUPPLIES HAZl1AT EMERG.RESPONSE P.O. P.D.SUPPLIES LIBRARY BOOKS 9/90 CLEANING ROAD STONE CITY HALL SUPPLIES GAS SUPPLIES CITY SUPPLIES P.D.MATS MAINT.DRILL/SUPPLIES P.D.UNIFORHS MISC SUPPLY TRANSPORTATION GAS SUPPLIES POLICE DEPT.MCGRUFF STREET SIGNS ODORHETER 09/90 STATEHENT LIBRARY SPRAYING LIBRARY'NEW FACILITY SUPPLIES GAS SUPPLIES P.D.REPAIR STREET SUPPLIES MISC SUPPLIES/RENTAL MISC.MAINT.SUPPLIES 10/90 MAYOR FEE FISCAL FEE BOND ISSUANCE MAINT.SUPPLIES LIBRARY/CITY HALL SUPPLIES PAPER PRODUCTS 08/90 ENG.FEES POLICE DEPT.SUPPLIES tHSC.REPAIRS PAY EST.#1 C.H./MAIN T.DEPT.SUPPLIES 09/10/90-10/09/90 TESTING FEES,ANODES LIBRARY CONFERENCE FEE LIBRARY BOOK P.D.FILH COHPUTER INPUT3.5 @ 5.00 08/09/90-09/15/90 HISC.MAINT.SUPPLIES 9/90 STATEMENT NEW FACILITY DOOR SIGNS P.D.REPAIR 09/90 STATEHENT 08/21/90-09/24/90 09/90 STATEMENT MISC.MAINT.SUPPLIES LIBRARY CLEAN.CONTR.10/90. POLICE DEPT.SIGNS Bills are to be presented to the Treasurer by the regUlar Council Meeting.Moved by Scott, for a deadline on bill presentation.Carried noon on the seconded by 4 to 0. Moved by Clark,second by Bailey,to move into closed session pursuant to Section 28A.5 1.1:To evaluate the professional competency of an individual whose appointment,hiring,performance or discharge is bing considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. Ayes: Nays: Bailey,Barrett,Clark,Scott None Recorded A job performance review was dorre fn:c Ma~:-.~.J.yn Dee+:s. Moved by Scott,second by Clark,to leave closed session. Ayes: Nays: Bailey,Barrett,Clark,Scott None recorded 71.66 58.27 159.00 27.99 169.00 195.37 75.36 23.51 480.85 32.14 118.90 389.50 16.80 742.39 140.81 1670.38 1031.52 748.70 25.00 90.74 362.02 39.95 30.55 79.17 1081.15 80.00 2500.00 45.75 232.35 177.85 7926.00 149.47 170.16 159382.36 140.46 606.92 598.04 36.00 24.25 5.14 17.50 14853.34 358.15 64.75 30.00 34.50 475.00 71.83 80.00 550.16 100.00 67.48 245972.35 Friday before Bailey, I I I October 9,1990 meeting continued 221 Moved by Scott,second by Clark,to put Marilyn Deets on full-time status at a rate of $18,350 with attendance at regular council Meetings. Ayes:Bailey,Clark,Scott Nays:Barrett Absent:Gruber The Mayor announced this was the time and place set for hearing and inspection of bids for the proposed 1990 Industrial Park Utility Im- provements,Contract 1 -Water Main Project. Upon investigation,it was found that NO persons had appeared and filed objections to the proposed plans,specifications or contract for or cost of such 1990 Industrial Park Utility Improvements,Contract 1 - Water Main Project as follows: Council Member Clark introduced the following resolution and moved its adoption,seconded by Council Member Barrett;and after due considera- tion thereof by the Council,the Mayor put the question upon the motion and the roll being called,the following named members of the Council voted: Ayes: Nays: Bailey,Barrett, None recorded Clark,Scott Whereupon,the Mayor declared the said motion duly carried and the resolution adopted as follows: RESOLUTION NO. Finally approving and confirming plans, specifications and form of contract for the 1990 Industrial Park utility Improvements, Contract 1 -Water Main Project WHEREAS,this Council has heretofore approved plans, specifications and form of contract for the proposed 1990 Industrial Park utility Improvements,Contract 1 -Water Main Project (the "Project"),as described in the resolution providing for a notice of hearing on proposed plans and specifications, proposed form of contract and estimate of cost of the Project and the taking of bids therefor;and WHEREAS,hearing has been held on·objections to the proposed plans,specifications and form of contract and to the cost of the Project and all objections thereto have been overruled; NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee,Iowa,as follows: Passed and approved this 9th day of october,1990. Attest:~f2~cit Cler( 222!• October 9,1990 meeting continued The Mayor announced that this was the time and place set for the reception and consideration of bids for the 1990 Industrial Park Utility Improvements,Contract 1 -Water Main Project. It was moved by Council Member Barrett and seconded by Council Member Bailey that the Mayor and the City Clerk proceed with the opening of such proposals as had been filed,after first ascertaining that the required bid security accompanied each such proposal.The Mayor put the question on the motion and the roll being called,the following named Council Members voted: Ayes: Nays: Scott,Clark,Barrett,Bailey None Recorded Thereupon,the Mayor declared the said motion duly carried and the Mayor and the City Clerk proceeded accordingly.The bids received the construction of the 1990 Industrial Park Utility Improvements, contract 1 -Water Main Project are as follows: for .·.1····.Name and Address of Bidder Amount of Bid Correll Contractor,Inc. 1805 Euclid PO BOX 4077 Des Moines,Ia 50333 $257,780.00 Van Hauen-Keller Contractors,Inc. 919 -45th Street West Des Moines,Iowa 50265 $240,000.00 Winter Construction Co.,Inc. PO Box 70 Pipestone,Minnesota 56164 $247,402.44 The council further considered proposals received for the proposed 1990 Industrial Park Utility Improvements,Contract 1 -Water Main Project and embodied its findings in the resolution next herinafter referred to. Council Member Clark introduced a resolution entitled:"Resolution awarding contract for the 1990 Industrial Park Utility Improvements, Contract 1 -Water Main Project,"and moved that the said resolution be adopted;seconded by Council Member Barrett;and after due consideration thereof by the Council,the Mayor put the question upon the motion and the roll being called,the following named members of the Council voted: Ayes: Nays: Scott,Clark,Barrett,Bailey None Recorded Whereupon,the Mayor declared the said motion.duly carried and the said resolution duly adopted. RESOLUTION NO.)b 0 1Awardingcontractforthe1990Industrial Park Utility Improvements,Contract 1 -WaterMainProject WHEREA~,pursuant to notice duly pUblished in the manner a d p~escrlbed by resolution of this Council and as required g b i ds an?-proposals were received by this Council for thY In~ustrlal Park Utility Improvements Contract 1 _W t e Pro]ect (the "Proj ect");and .'a er carefWHEREAS,~ll of the said bids and proposals have been ,U~ly conSIdered,and it is necessary and advisable th prOVISIon be made for the award of the contract for the project~t NOW,THEREFORE,IT I S RESOLVED by the c i ty ,C 't f W counc.ir of the1y0aUkee,Iowa,as follows: form law, 1990 Main Section 1.The bid for the Proj ect submi tted following contractor is fully res onsive to the by the speci~ication~~or the Project,h~retofore approve~lags ~nd CounCIl,and IS In the best interests of the Clty such b'dYb ,heasfollows:'1 elng October 9,1990 meeting continued 235 Amount of Bid section 2.The contract for the Project be and the same 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 lett''ing,the plans and specifications and thetermsofthebidder's written proposal. Sec'tion 3.The Mayor and City Clerk be and they 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 I s performance and/or payment bonds is hereby fixed and determined to be 100%of the amount of the contract. Passed and approved this --3.--day of 1990. This being the time and place specified 'for taking action on the pro- posal to enter into a loan agreement,the Mayor called for any written or oral objections. Written objections were filed by the following:NONE Oral objections were made by the following:NONE After due consideration and discussion-,Council Member Scott introduced the following resolution and moved its adoption,seconded by Council Member Clark.The Mayor put the question upon the followin Council Members voted: I Ayes: Nays: Bailey,Barrett,Clark,Scott None Recorded Whereupon,the Mayor declared the resolution duly adopted as hereinafter set out. RESOLUTION NO.1S \, Approving and authorizing a Loan Agreement and providing for the issuance of $60,000 General Obligation water Notes and providing for the levy of taxes to pay the same WHEREAS,pursuant to the provisions of section 384.24A of the Code of Iowa,the city of Waukee,Iowa (the "city"),has heretofore proposed to contract indebtedness and enter into a loan agreement in the principal amount of $60,000 (the "Loan Agreement")to provide funds to pay the cost,to that extent,of the acquisition of water mains and extensions and has pUblished notice of the proposed action and has held a hearing thereon; 236 O,-.t-,-.ber9.1990 mppf-;no co ntinued NOW,THEREFORE,Be It Resolved by the City Council of the city of Waukee,Iowa,as follows: section 1.The city hereby determines to enter into the Loan Agreement with Ruan securities Corporation,Des Moines, Iowa,as lender (the "Lender"),in sUbstantially the form attached hereto providing for a loan to the City in the principal amount of $60,000 at a discount of $1,200,for the purpose set forth in the preamble hereof. The Mayor and city Clerk are hereby authorized and directed to sign the Loan Agreement on behalf of the City,and the Loan Agreement is hereby approved . ..............-----....-.....----..J Section 2.General Obligation Water Notes (the "Notes") are hereby authorized to be issued in evidence of the obligation of the City under the Loan Agreement,in the total aggregate principal amount of $60,000,to be dated October 1 1990 in the denomination of $5,000 each,or any integral mUltiple thereof maturing on June 1 in each of the years,in the respectiv~ principal amounts and bearing interest at the respective rates, as follows: I Interest InterestPrincipalRatePerPrincipalRatePerYearAmountAnnumYearAmountAnnum 1992 $5,000 6.45%1997 $5,000 6 ..95%1993 $5,000 6 ..55%1998 $5,000 7.05%1994 $5,000 .6,,65%1999 $5,000 7.15%1995 $5,000 6.75%2000 $10,000 7.25%1996 $5,000 6.85%2001 $10,000 7.35% The City Clerk is hereby designated as the Reaistrar and,~Paylng Agent for the Notes and maybe hereinafter referred to as the "Registrar"or the "Paying Agent". ,All of tl?-einterest on t:he Notes shall be payab le June 1 r 1991,and semJ.annually thereafter on the first day of June and December in each year.Payment of interest on the Notes shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid by check or draft mailed to the registered owners at the addresses shown on such registration books.Principal of the Notes shall be payable in lawful money of the united states of America to the registered owners or their legal representatives upon presentation and surrender of the Note or Notes at the office of the Paying Agent. The Notes shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested ',I with the official manual or facsimile signature of the city Clerk and shall have the city's seal impressed or printed thereon,and shall be fully registered Notes without interest coupons.In case any officer whose signature or the facsimile of whose signature appears on the Notes shall cease to be such officer before the delivery of the Notes,such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes,the same as if such officer had remained in office until delivery. The Notes shall not be valid or become obligatory for any purpose until the certificate of Authentication thereon shall have been signed by the Registrar. The Notes shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar,and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns.Each Note shall be transferable without cost to the registered owner thereof only upon the registration books of the City upon presentation to the Registrar,together with either a written instrument of transfer satisfactory to the Registrar or I 223 October 9,1990 meeting continued section 2.The contract for the Project be and the same 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 letting,the plans and specifications and the terms of the bidder's written proposal. section 3.The Mayor and City Clerk be and they 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. Passed and approved this ~day of 1990. t2~, Attest:- This being the time and place specified for taking action on the proposal to enter into a loan agreement,the Mayor called for any written or oral objections. written objections were filed by the following:NONE Oral objections were made by the following:NONE After due consideration and discussion,Council Member Scott the following resolution and moved its adoption,seconded by Member Clark.The Mayor put the question upon the following Members voted: introduced Council Council Ayes: Nays: Bailey,Barrett,Clark,Scott None Recorded Whereupon,the Mayor declared the resolution duly adopted as herinafter set out. RESOLUTION NO ..I ~'l Approving and authorizing a Loan Agreement and providing for the issuance of $60,000 General Obligation Water Notes and providing for the levy of taxes to pay the same WHEREAS,pursuant to the provisions of section 384.24A of the Code of Iowa,the city of Waukee,Iowa (the "city"),has heretofore proposed to contract indebtedness and enter into a loan agreement in the.principal amount of $60,000 (the "Loan Agreement")to provide funds to pay the cost,to that extent,of the acquisition of water mains and extensions and has pUblished notice of the proposed action and has held a hearing thereon; 224 October 9,1990 meeting continued NOW,THEREFORE,Be It Resolved by the city council of the city of Waukee,Iowa,as follows: Section 1.The city hereby determines to enter into the Loan Agreement with Ruan securities Corporation,Des Moines, Iowa,as lender (the "Lender"),in SUbstantially the form attached hereto providing for a loan to the City in the principal amount of $60,000 at a discount of $1,200,for the purpose set forth in the preamble hereof. The Mayor and city Clerk are hereby authorized and directed to sign the Loan Agreement on behalf of the City,and the Loan Agreement is hereby approved. section 2.General Obligation Water Notes (the "Notes") are hereby authorized to be issued in evidence of the obligation of the City under the Loan Agreement,in the total aggregate principal amount of $60,000,to be dated October 1,1990,in the denomination of $5,000 each,or any integral mUltiple thereof, maturing on June 1 in each of the years,in the respective principal amounts and bearing interest at the respective rates, as follows: Interest Interest Principal Rate Per Principal Rate Per Year Amount Annum Year Amount Annum 1992 $5,000 6.45%1997 $5,000 6 ~95% 1993 $5,000 6 ..55%1998 $5,000 7.05% 1994 $5,000 .6 ..65%1999 $5,000 7.15% 1995 $5,000 6 ..75%2000 $10,000 7 ..2.5% 1996 $5,000 6.85%2001 $10,000 7.35% The City Clerk is hereby designated as the Registrar and Paying Agent for the Notes and may be hereinafter referred to as the "Registrar"or the "Paying Agent". A.II of the interest on ·the Notes shall be payable June 1, 1991,and semiannually thereafter on the first day of June and December in each year.Payment of interest on the Notes shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid by check or draft mailed to the registered owners at the addresses shown on such registration books.Principal of the Notes shall be payable in lawful money of the United states of America to the registered owners or their legal representatives. upon presentation and surrender of the Note or Notes at the office of the Paying Agent. The Notes shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk and shall have the City's seal impressed or printed thereon,and shall be fully registered Notes without interest coupons.In case any officer whose signature or the facsimile of whose signature appears on the Notes shall cease to be such officer before the delivery of the Notes,such signature or such facsimile signature shall nevertheless be valid and SUfficient for all purposes,the same as if such officer had remained in office until delivery. The Notes shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar. The Notes shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar,and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns.Each Note shall be transferable without cost to the registered owner thereof only upon the registration books of the City upon presentation 'to the Registrar,together with either a written instrument of transfer satisfactory to the Registrar or I I 225October9,1990 meeting continued the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Notes shall be kept confidential as provided by section 22.7 of the Code of Iowa. section 3.The Notes shall be in sUbstantially the form set forth as Exhibit A to the Loan Agreement attached hereto,and shall be executed as herein provided as soon after the adoption of this resolution as may be possible,and thereupon they shall be delivered to the Registrar for registration,authentication and delivery to the Lender,upon receipt of the loan proceeds, and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects.I section 4.For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Notes as the same become due,there is hereby ordered levied on all the taxable property in the City in each of the years while the Notes are outstanding,a tax sufficient for that purpose,and in furtherance of this provision,but not in limitation thereof,there is hereby levied on all the taxable property in the city the following direct annual tax for collection in each of the following fiscal years,to-wit: For collection in the fiscal year beginning JUly 1,1991,sufficient to produce the net annual sum of $11,967; For collection in the fiscal year beginning July 1,1992,SUfficient to produce the net annual sum of $8,858; For collection in the fiscal year beginning July 1,1993,sufficient to produce the net annual sum of $8,530; For collection in the fiscal year beginning July 1,1994,sufficient to produce the net annual sum of $8,198; For collection in the fiscal year beginning JUly 1,1995,SUfficient to produce the net annual sum of $7,860; For collection in the fiscal year beginning July 1,1996,sufficient to produce the net annual sum of $7,518; For collection in the fiscal year beginning July 1,1997,sufficient to produce the net annual sum of $7,170; For collection in the fiscal year beginning July 1,1998,sufficient to produce 'chenet annual sum of $6,818; For collection in the fiscal year beginning JUly 1,1999,sufficient to produce the net annual sum of $11,460; For collection in the fiscal year beginning JUly 1,200O,sufficient to produce the net annual sum of $10,735.I section 5.A certified copy of this resolution shall be filed with the County Auditor of Dallas County,and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized.When annually entering such taxes for collection,the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the city and when collected,the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be'used solely and only for the payment of the principal of and interest on 'che Notes hereby authorized and for no other purpose rtihatsoever.Any amount; received by the city as accrued interest on the Notes shall be 226 October 9,1990 meeting continued •, deposited into such special account and used to pay principal of and/or interest due on the Notes on the first payment date. Section 6.The interest or principal and both of them falling due in any year or years shall,if necessary,be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected,reimbursement shall be made to such current funds in the sum thus advanced. The City hereby pledges the resources and all of the real and for the full and prompt payment of on the Notes. fai th,credi t,revenues and personal property of the city the principal of and interest I It was agreed by the Council to hold a meeting O?October 16th a~6:45 P.M. to approve the contract and bond for the Industrlal Park ~ater Llne Project and set a date for zoning hearing for Midwest Moblle Home Court. contract for part-time Water Line Project in the Moved by Councilman Scott,and seconded by Councilman Clark,that the Ordinance entitled:"AN ORDINANCE GOVERNING THE PACKAGING,LABELING AND COLLECTION OF SOLID WASTE"now be read by the Clty Clerk.The Mayor . put the question on the motion,and the roll being called,the fOllOWlngl named Councilmen voted: Ayes:Bailey,Barrett,Clark,Scott Nays:None Recorded Section 7.It is the intention of the City that interest on the Notes be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions 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 furtherance 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 amended and further covenants to comply with the applicable future laws,regulations,published rUlings and court decisions as may be necessary to insure that the interest on the Notes 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 designates the Notes as "Qualified Tax Exempt Obligations"as that term is used in Section 265 (b)(3)(B) of the Internal Revenue Code. Section 8. herewith be and such conflict. All resolutions or parts thereof in conflict the same are hereby repealed to the extent of Passed and approved this 9th day of 'October,1990. Moved by Barrett,second by Clark to a~prove a engineering inspection for the Industrlal Park amount of $16,400.Carried 4 to O. ORDINANCE NO.2130 AN ORDINANCE GOVERNING THE PACKAGING,LABELING AND COLLECTIONOFSOLIDWASTE. BE IT ENACTED by the City Council of the City of Waukee,Iowa: §212B.l.Solid Waste Control -Definitions. definitions shall apply:The following A.Owner.The t.erm "owner"shall,in addition to the record title holder,inclUde any person residing in,renting,leasing, occupying,operating or transacting business in any premises,and as between such parties the duties,responsibilities,liabilities and obligations hereinafter imposed shall be joint and several . October 9,,1990 meeting continued B.Solid Waste.The term "solid waste"shall mean garbage, refuse,rubbish and other similar discarded solid or semi-solid materials,including,but not limited to such materials resulting from industrial,commercial,agricultural,and domestic activities. Solid waste may include vehicles. C.Yard Waste.The term "yard waste"shall mean organic debris (e.g.grass clippings,leaves,tree limbs,bark,branches, flowers,and other like waste)which is produced as part of yard and garden development and maintenance. §212B.2.Separation and Identification of Waste Required. A.Yard Waste.All yard waste shall be separated by the owner from all other garbage and refuse accumulated on the premises and shall be composted on the premises,placed in degradable bags, containers or packages labeled as provided in §212B.3 hereof,and set out for collection,or incinerated on the premises in compliance with §214A.1,Waukee Municipal Code. B.All other solid waste listed in §212B.3 hereof shall be separated by owner from any other garbage and refuse,and shall be labeled as set out in §212B.3. §212B.3.Items to be separated from other garbage and refuse and separately set out are the following: Cateaory A , Bagged grass (not to exceed 50 Ibs.) Bagged leaves (not to exceed 50 Ibs.) Car tires Car batteries Paint cans (boxed or bagged,50 lbs.or less) Brush (bundled,S'or less 50 Ibs.or less) Remodeling materials (bundled,boxed,bagged,S'lengths or less,50 Ibs.or less) Used motor oil (5 gallon leak proof containers or less, container will not be returned) Category B Large chairs &recliners Sofas Beds (mattress &box springs) Wardrobe cabinets Sinks Toilets Shower cabinets Dressers &chests Televisions Stereos Desks File cabinets Oil burners Lawn mowers Automobile parts Carpets Category C Refrigerators Deep freezes Stoves Washers &Dryers Hot water heaters Furnaces Air conditioners Bathtubs Dishwashers §212B.4.Repealer.All ordinances or parts of ordinances in conflict with the provision of this ordinance are hereby repealed. 227 228 October 9,1990 meeting continued §2l2B.5.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitu- tional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. §212B.6.Effective pate.This ordinance shall be in effect after its final passage,approval,and publication as required by Law .. Passed by the Council this 9th day of October, approved this day of 1990,.1990,and It was moved by Councilman Barrett,and seconded by Councilman Bailey,I that the Ordinance entitled,"AN ORDINANCE GOVERNING THE PACKAGING,. LABELING AND COLLECTION OF SOLID WASTE"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: Nays: Scott,Clark,Barrett,Bailey None Recorded Whereupon,the Mayor declared said Ordinance duly adopted and passed, and signed his approval to said Ordinance. Moved by Clark,second by Bailey,to offer the fifth full-time mainentance department position to Tim Royer and to set the salary at $15,500 with and increase to $16,000 in six months. Ayes: Nays: Bailey,Barrett,Clark Scott Steve Venard of Bishop Engineering spoke to the Council about the indemmfication clause in the storm sewer easement with Steve Grubb for Park Place. Moved by Bailey,second by Scott,to approve the Park Place construction drawings.Carried 4 to O. Tom Davis of Mid-West Mobile Home Court spoke to the City Council re- garding a proposed re-zoning of a 90 foot strip of property from C-l to R-6 to accommodate the location of a managers office there. Moved by Barrett,second by Bailey,to begin legal proceedings to recover damages from Jack Wearmouth for the City Planner contract. Ayes: Nays: Bailey,Barret,Clark,Scott None Recorded Moved by Clark,second by Barrett,to receive and file the Library Trustee Resolution:IWAUKEELIBRARYTRUSTEESRESOLUTION That the City Council consider the following: 1.That a systematic city-wide review of the cities personnel policy be conducted. 2.In the City Budget making process a budget presentation/defense hearing be conducted before the City Council for all city departments at the same time and place. 3.That city departments be allowed to carryover into the current budget funds unspent from 1989-90 due to the fact that budget reports were unable to be completed in a timely manner. Ayes: Nays: Scott,Clark,Barrett,Bailey None RecoY.'ded Moved by Clark,second by Scott,to install 2 water services for Rex King in exchange for easements for the Industrial Park Water Line Project.Carried 4 to O. J 229 October 9,1990 meeting continued The Council briefly discussed Dr.Ronald Woods easement area on 142ndstreet. The City Council will consider an adoption of a revised zoning map in November. A City Council workshop will be held Monday,October 22 at 6:30 A.M. at the Home Town Cafe. Brian Redshaw will discuss the Natural Gas Contract Realignment with the utilities Committee at their regular meeting to be held Thursday, October 11th at 7:30 P.M. The following Committees gave their report: Public Safety Report-Barrett utilities Committee-Barrett Development Committee-Clark ~lanning &Zoning-Bailey Mayors Report Administrator's Report Parks Committee-Gruber The City Administrator will contact local contractors to bid on the North- branch Cul-de-sac project to be presented at a later meeting. Moved by Barrett,second by Clark,to approve the gas maintenance specialist job description as presented by the personnel committee at a salary of $17,800.Carried 4 to O. Moved by Barrett,second by Clark,to adjourn at 11:45 P.M.Carried 4 to O. Meeting Adjourned Mayor Cl October 16,1990 The special meeting of the Waukee city Council was held on October 16, 1990 at Waukee City Hall. Meeting was called to order by Mayor Floyd Rosenkranz at 6:50 P.M. Marilyn Deets was present and taking minutes. Roll Call was taken and the following Councilmen were present:Clark, Bailey,Barrett,Scott.Absent:Gruber Discussion was held regarding easement negotiation of the Industrial Park Waterline.Request from Davenports'in the amount of $4000.00 to cross property.Council approved Mr.Steve Pierce to counter offer with set limits.Request from Majona Corporation to have City relocate septic tank,save tree in the southwest corner,agreement to replace asphalt parking if there is the need to fix main,and $9000.00 to cross property.Council discussed alternate route.Approved Steve Pierce to negotiate within the set limits,and to look into alternate route. After due consideration and discussion,council Member Clark introduced and moved the adoption of the resolution next herein set out,the same being a resolution approving executed contract and performance and/or payment bonds for the 1990 Industrial Park Utility Improvements, Contract 1 -Water Main Project.The motion was seconded by Council Member Scott and passed with record vote as follows: Ayes: Nays: Clark,Bailey,Scott,Barrett None Recorded Thereupon,the resolution was declared adopted,as follows: