HomeMy WebLinkAbout1991-03-12-Regular Minutes262
MARCH 12,1991
The regular meeting of the Waukee City Council was called to
order at 7:02 P.M.,on Tuesday,March 12th,1991,at the Waukee
Public Library.Mayor Floyd Rosenkranz was presiding.
Marilyn Deets,City Treasurer,was present and taking minutes.
Roll was taken and the following Councilmen were present:
Bailey,Gruber,Clark,Barrett
Absent:Scott
Moved by Gruber,second by Clark to approve the minutes of
02/12/91 and 02/26/91.Motion carried 4 to 0
Guests:
William Knapp 11-Requested that the City provide a water
connection and short term rate of $4.00 per thousand to the
Clive/Windsor Heights Little League.
Moved by Bailey,second by Barrett to allow a connection to the
Waukee Water System with a short term rate of $4.00 per thousand
to the Clive/Windsor Heights Little League.
Roll Call:
Ayes,None Recorded
Nays:Gruber,Barrett,Clark,Bailey
Absent:Scott
Mot ion Fails 0-4
Curtis Scott arrived at 7:30 P.M.
Jim Lewellyn -Requests that the Council allow the use of the
Waukee Centennial Park for the Lawn &Garden Expo on April 27th
or May 4th.They will plant a tree in the Park for being allowedtouseit.
Moved by Bailey,second by Barrett to allow the use of the Waukee
Centennial Park for the Lawn &Garden Expo.as long as the date
did not interfere with Little League or Soccer.They must also
provide a copy of Insurance holding the City non-liable.
Ayes:Scott,Barrett,Bailey,Clark Gruber
Nays:None Recorded
Motion Carried 5 to 0.
Mark Currie -Presented the figures for the renewal of the Iowa
Communities Assurance Pool policy.
Rooer Howell -Discussed figures for Employers Mutual.Cost
around $34000.00
Moved by Gruber,second by Barrett to remain with Insurance
Associates under the ICAP Program in the amount of $29879.00.
Ayes:Clark,Gruber,Bailey,Scott,Barrett
Nays:None recorded
Motion carried 5 to 0.
Moved by Gruber,second by Clark to approve the February 1991,
Treasurers Report.Motion Carried 5 to 0.
Moved by Clark,second by Scott to approve the Bill presentation
in the amount of $59532.94.Motion carried 5 to 0.
The Mayor then stated that this is the time place for the Public
Hearing on the FY 90/91 Budget Amendment.He then asked is there
were any questions or comments.None were noted.He then asked
the Clerk if there were any written correspondence.None were
received.
Moved by Scott,second by Gruber,to adopt Resolution 164.
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RESOLUTION NO.164
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR
ENDING JUNE 30,1991 AS AMENDED LAST ON SEPTEMBER 25,1990.
Be it Resolved by the Council of the City of Waukee,Iowa:
Section 1.Following notice published February 28th,1991 and
the public hearing held March 12th,1991,the current budget (as
previously amended)is amended as set out herein and in the
detail by fund type and activity that supports this resolution
which was considered at that hearing:
...----
EXPENDITURES "AND OTHER FINANCING USES XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX
COMMUNITY PROTECTION
Police,fire,street llchtlno.etc.297114 0 297114
HUMAN DEVELOPMENT
Health,llbrorv,recreation,etc.87477 40598 128075
HOME ANp COMMUNITY ENVIRONMENT
Gorbooe.slreels,utilities,e!c.1410160 632967 2043127
POLICY AND ADMINISTRATION
Mavor/'council,c1erk,leocl.etc,.72188 16875 89063
Total Excendltures .:',1866939 690440 2557379
.Less:..
.Debt Service "138758 22967 161725
CcoltolProlects 0 650598 650598
Net Ocerotlno Expenditures 1728181 16875 1745056
.Transfers Oul 25000 0 25000
Total Expenditures/Transfers Out 1891939 690440 2582379
Excess of Revenues and Other Sources
Over rUnde'f)E;p./Transfers Out (197666)(39842)(237508)
Beginning fund Balance Julv 1 703549 0 703549
EndinaFund Balance june 30 505883 (39842)466041
REASON:Library Bldg.Fund,Coke Water Line,162nd Street
PaVing,Industrial Park Waterline,Warrior Lane Paving,City Hall
Remodeling.
Passed
Ayes:
Motion
this 12th day of March,
Clark,Bailey,Barrett,
Carried 5 to 0.
1991
Scott,Gruber
The Mayor then stated that this is the time place for the PUblic
Hearing on the FY 91/92 Budget.He then asked is there were any
questions or comments.None were noted.He then asked the Clerk
if there were any written correspondence.None were received.
Moved by Scott,second by Clark,to adopt Resolution 165.
RESOLUTION NO.165
A RESOLUTION ADOPTING THE BUDGET FOR FISCAL YEAR ENDING JUNE 30,
1992.
Be it resolved by the Council of the City of Waukee,Iowa:
Section 1.FollOWing notice pUblished February 28th,1991 and
the pUblic hearing held March 12th,1991,the annual budget for
the Fiscal Year ending June 30,1992,as set forth in the bUdget
summary certificate and in the detailed bUdget in support thereof
showing the Revenue estimates and appropriate expenditures and
allocations to programs and activities for said Fiscal Year is
adopted,and the City Clerk is directed to make the filing
required by law and to set up the books in accordance with the
summary and details as adopted.
264
Section 2.Community Protection Program $363993.00
Human Development Program $106361.00
Home &Community Program $1644851.00
Policy &Administration $109410.00
TOTALS $2224615.00
Passed
Ayes:
Motion
this 12th day of March,1991
Bailey,Gruber,Barrett,Scott,Clark
carried 5 to 0.
The Mayor then stated that this is the time place for the Public
Hearing on the Adoption of the Official Zoning Map.He then asked
is there were any questions or comments.None were noted.He
then asked the Clerk if there were any written correspondence.
None were received.
Moved by Scott,second by Gruber to adopt a Resolution to approve
the updated Official Zoning Map to include the areas annexed as
A-I.
Motion carried 5 to 0.
It was moved by Councilman Gruber,and seconded by Councilman
Clark,that the Ordinance ent it led:"AN ORDINANCE TO PROHIBIT
POSSESSION OR CONSUMPTION OF ALCOHOLIC LIQUOR,WINE,OR BEER IN
OR UPON ANY PROPERTY BELONGING TO THE CITY OF WAUKEE,IOWA"
receive the second reading.The Mayor put the question on the
Motion,and the roll being called,the following named Councilmen
voted:
ORDINANCE 2133
AN ORDINANCE TO PROHIBIT POSSESSION OR CONSUMPTION OF
ALCOHOLIC LIQUOR,WINE,OR BEER IN OR UPON ANY PROPERTY BELONGING
TO THE CITY OF WAUKEE,IOWA.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.THERE SHALL BE ADDED TO THE WAUKEE MUNICIPAL
CODE,CHAPTER 406 AS FOLLOWS:
SS406 No alcoholic liquor,wine,or beer in or upon any
property of the City of Waukee except City Parks
regulated under the provisions of SS 207.1.No
person shall have in his or her possession or
consume any alcoholic liquor,Wine,or beer as
defined in Sec.123.3,Code of Iowa,in or upon
any property belonging to the City of Waukee,
Iowa,except City Parks regulated under the
provisions of SS 207.1.
Ayes:Bailey,Barrett,Gruber,Scott,Clark
Nays:None recorded
Motion carried 5 to 0
Moved by Clark,second by Gruber,to set the date of April 9th,
1991 7:00 P.M.at the Waukee Public Library,500 6th Street for a
hearing on the Schedule of Fees Amendment to the Zoning
Ordinance.
Ayes:
Nays:
Motion
Barrett,Scott,
None Recorded
carried 5 to 0
Bailey,Gruber,Clark
Councilman Clark Introduced the Site Plan Review Ordinance.
Amendment.
265
It was moved by Councilman Gruber,and seconded by Councilman
Bailey,that the Ordinance entitled:"AN ORDINANCE AMENDING THE
SITE PLAN REQUIREMENTS OF THE CITY OF WAUKEE,IOWA,TO PROVIDE
FOR FIXING OF FEES AND COSTS BY RESOLUTION OF THE CITY COUNCIL."
Be now read by the City Clerk.The Mayor put the question on the
Motion,and the roll being called,the following named Councilmenvoted:
Ayes:Clark,Barrett,Bailey,Gruber,Scott
Nays:None recorded
Whereupon,the Mayor declared the motion duly carried.Next
reading will be held April 9th,1991.
It was moved by councilman Clark,and seconded by Councilman
Scott,that the Ordinance entitled:"AN ORDINANCE TO AMEND
CHAPTER 22,WAUKEE,MUNICIPAL CODE.AN ORDINANCE AMENDING
REGULATIONS GOVERNING MUNICIPAL WATER SYSTEM CONNECTIONS AND
SERVICES OF THE CITY OF WAUKEE,IOWA,TO PROVIDE FOR CONNECTION
FOR IRRIGATIONS,SWIMMING POOLS,YARDS,AND LIKE USES."Be now
read by the City Clerk.
Moved by Gruber,second by Clark to expunge the preVious motion.
Motion carried 5 to 0.
After further discussion and changes to the Ordinance,It was
moved by councilman Clark,and seconded by Councilman GrUber that
the Ordinance entitled:"AN ORDINANCE TO AMEND CHAPTER 22,
WAUKEE,MUNICIPAL CODE.AN ORDINANCE AMENDING REGULATIONS
GOVERNING MUNICIPAL WATER SYSTEM CONNECTIONS AND SERVICES OF THE
CITY OF WAUKEE,IOWA,TO PROVIDE FOR CONNECTION FOR IRRIGATION,
SWIMMING POOLS,YARDS,AND LIKE USES"be now read by the City
Clerk.The Mayor put the question on the Motion,and roll being
called,the follOWing named Councilmen voted:
Ayes:
Nays:
Motion
Scott,Clark,Barrett,
None noted
carried 5 to 0
Bailey,Gruber
It was moved by Councilman GrUber,and seconded by Councilman
Clark,that the rule that an ordinance must be received and filed
at two meeting 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 put the question on the motion,and the roll being passed,
the follOWing named councilmen voted:
Ayes:
Nays:
Motion
Scott,Barrett,
None recorded
carried 5 to 0.
Bailey,GrUber,Clark
Moved by GrUber,second by Bailey to put the Ordinance 2134 on
final passage.
Ayes:
Nays:
Motion
Scott,Barrett,
None recorded
passed 5 to 0
Clark,Bailey,GrUber
ORDINANCE NO.2134
AN ORDINANCE TO AMEND CHAPTER 211,WAUKEE,MUNICIPAL CODE.
AN ORDINANCE AMENDING REGULATIONS GOVERNING MUNICIPAL WATER
SYSTEM CONNECTIONS AND SERVICES OF THE CITY OF WAUKEE,IOWA,TO
PROVIDE FOR CONNECTION FOR IRRIGATION,SWIMMING POOLS,YARDS,AND
LIKE USES.
BE IT ORDAINED by the Council of the City of WaUkee:
266
Section 1.Section 211.8 of Chapter 211,Waukee Municipal
Code,is hereby amended by adding the following:
Permits may be issued,upon payment of fees and at such
rates as may be set by the council by ordinance or
resolution,for connection to the pUblic water system for
the irrigation,sWimming pools,yards,gardens and other
uses for which sanitary sewer service charges are not
applicable.A back flow preventer to protect against
contamination of the water system shall be installed in
such connections on the hose bib.No underground
irrigation systems are to be allowed in the pUblic right-of-
way or public lands.
Section 2.
effect after its
required by law.
Effective Date.This ordinance shall be in
final passage,approval,and pUblication as
Passed by the Council the 12th day of March,1991,and approved
the 12th day of March,1991.
Floyd Rosenkranz
MAY 0 R
ATTESTED:
Brian J.Redshaw,City Clerk
Moved by Scott,second by Clark to allow Marilyn F.Deets to
attend two weeks of Municipal Clerks Institute.
Ayes:Scott,Clark
Nays:Barrett,Gruber,Bailey
Motion failed.
Moved by Gruber,second by Barrett to allow Marilyn F.Deets to
attend one week of Municipal Clerks Institute.
Ayes:
Nays:
Motion
Bailey,Clark,
None recorded
passed 5 to 0
Gruber,Scott,Barrett
DOWNEY PRINTING SEPTIC TANK Bids were received for pumping the
Downey Printing septic tank as previously agreed.
Moved by Gruber,second by Clark to approve Thomas Brothers in
the amount of $90.00 per trip.Motion carried 5 to 0.
Moved by Scott,second by Gruber to adopt a Resolution to set the
fees for gas line installations at 1/2"line $270.00,1"line
$295.00,and boring under streets $150.00.Motion carried 5 to
0.
-
Three bids were received for City Hall Carpet.
Moved by Gruber,second by Clark to approve bid from Waukee
Carpet Store in the amount of $3116.00.Motion carried 5 to 0.
Moved by Gruber,second by Clark to adopt a Resolution to set
fees for repair of accidental rupture of gas line due to third
party force,at $100.00 per hour,cost of material and cost of
gas lost,with a minimum of $250.00.Motion carried 5 to 0.
Moved by Gruber,second by Clark to adopt a Resolution to set a
fee of $75.00 for the purchase of water irrigation meters.
Motion carried 5 to 0.
267
Moved by Bailey,second by Barrett to approve the bid from
Overhead Door in the amount of $1470.00 installed at the
Maintenance Department.Motion carried 5 to 0.
ADOPTION OF RESOLUTION 166
The Council investigated and found that a notice of intention to
institute proceedings to enter into a loan agreement had been
duly published as provided by law and that this is the time and
place at which the Council shall receive oral or written
objections from any resident or property owner of the City.The
City Clerk announced that no written objections had been placed
on file.Whereupon,the Mayor called for any written or oral
objections,and there being none,the Mayor announced that the
Council may authorize the loan agreement in the amount as
published.
RESOLUTION NO.166
Approving and authorizing a Loan Agreement and
providing for the issuance of $265000.General
Obligation Street Improvement 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 $265,000 (the "Loan
Agreement")to provide funds to pay the cost,to that extent,of
the construction,reconstruction and repair of street
improvements,and has pUblished notice of the proposed action and
has held a hearing thereon,and the Council may now authorize
the Loan Agreement in the amount as published;
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 $265,000.at a discount of $5,300.for the purpose or
purposes 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 Street Improvement Notes
(the "Notes")are hereby authorized to be issued in evidence of
aggregate principal amount of $265,000.to be dated March 1,
1991,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:
Year Amount Interest Year Amount Interest
1992 $20,000 5.60%1997 $25,000 6.10%
1993 $20,000 5.70%1998 $30,000 6.20%
1994 $20,000 5.80%1999 $50,000 6.30%
1995 $25,000 5.90%2000 $50,000 6.40%
1996 $25,000 6.00%
Bankers Trust company of Des Moines,Iowa,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".
268
The City reserves the right to prepay part or all of the
Notes maturing in each of the years 1999 and 2000 prior to and in
inverse order of maturity on June 2,1998,or on any interest
payment date thereafter upon terms of par and accrued interest.
If less than all of the Notes of any like maturity are to be
redeemed,the particular part of those Notes to"be redeemed shall
be selected by the Registrar by lot.The Notes may be called in
part in one or more units of $5,000.If less than the entire
principal amount of any Note in a denomination of more than
$5,000.is to be redeemed,the Registrar will issue and deliver
to the registered owner thereof,upon surrender of such original
Note,a new Note or Notes,in any authorized denomination,in a
total aggregate principal amount equal to the unredeemed balance
of the original Note.Notice of such redemption"as aforesaid
identifying the Note or Notes (or portion thereof)to be redeemed
shall be mailed by certified mail,to the registered owners
thereof at the addresses shown on the City's registration books
not less than 30 nor more than 45 days prior to such redemption
date.All of such notes as to which the City reserves and
exercises the right of redemption and as to which notice as
aforesaid shall have been given and for the redemption of which
funds are duly prOVided,shall cease to bear interest on the
redemption date.
All of the interest on the Notes shall be payable December
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 representative
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
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 Noes 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 the 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
the assignment form thereon completed and duly executed by the
registered owner or the duly authorized attorney for such
registered owner.
269
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.
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 and 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 I,1991,
sufficient to produce the net annual sum of $40,163.,
For.collection in the fiscal year beginning July 1,1992,
sUfficient to produce the net annual sum of $35,010.,
For collection in the fiscal year beginning July 1,1993,
sufficient to produce the net annual sum of $33,870.,
For collection in the fiscal year beginning July 1,1994,
sufficient to produce the net annual sum of $37,710.,
For collection in the fiscal year beginning July 1,1995,
sufficient to produce the net annual sum of $36,235.,
For collection in the fiscal year beginning July 1,1996,
sufficient to produce the net annual sum of $34,735.,
For collection in the fiscal year beginning July 1,1997,
sufficient to produce the net annual sum of $38,210.,
For collection in the fiscal year beginning July 1,1998,
sufficient to produce the net annual sum of $56,350.,
For collection in the fiscal year beginning July 1,1999,
sufficient to produce the net annual sum of $53,200.,
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 the Notes hereby
authorized and for no other purpose whatsoever.Any amount
received by the City as accrued interest on the Notes shall be
deposited into such special account and used to pay principal of
and/or interest due on the Notes on the first payment date.
270
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 had 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 faith,credit,revenues and
resources and all of the real and personal property of the city
for the full and prompt payment of the principal of and interest
on the Notes.
Section 7.It is the intention of the city that interest
on the Notes be and remain excluded form 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
cour.t decisions as may be necessary to insure that the interest
on the notes will remain excluded form 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.All resolutions or parts thereof in conflict
hereWith and the same are hereby repealed to the extent of such
conflict.
Passed and approved March 12,1991
Mayor
Attest:
City Clerk
Moved by Clark,second by Bailey to adopt a resolution setting
the fees for digging permits at $25.00 Commercial,and $10.00
Residential.
Ayes:
Nays:
Motion
Gruber,Barrett,
None recorded
carried 5 to 0
Clark,Scott,Bailey
Matters regarding annexation pending before the City
Development Board.General discussion as to Senate File 4
status.
INDUSTRIAL PARK SEWER LINE Steve Pierce,V &K Engineering.
Discussion on abandoning some existing sanitary sewer lines at
the plant.Decision was to review the feasibility to keeping
eXisting lines in service.General discussion as to the sanitary
sewer project design.Presented a schedule for the April
Council Meeting for approval of plans and specifications.
Proposed hearing and letting of the Sanitary Sewer Project Trunk
and the May Council meeting.
271
Ordinance Review Committee Stated that they have gone over
several Ordinances.Recommended that they be forwarded to City
Attorney before brought to the Council.
Moved by Gruber,second by Clark to adjourn at 11:45 P.M.
Motion carried 5 to 0
March 25,1991
The special City Council meeting was called to order at 7:16 p.m.by Mayor
Floyd W.Rosenkranz.Brian J.Redshaw was present and taking minutes.
A roll call was taken and the following councilmen were present:Gruber,
Bailey,Scott,clark and Barrett.
The Mayor read the following declaration:
WHEREAS,the City of Waukee recognizes that Merle E.Rees has been named
Citizen of the Year for 1990 and as Mayor of the City of Waukee,I do
hereby declare the week of March 25th,1991 as Merle E.Rees week in the City
of Waukee.
Moved by Gruber,second by Clark to adjourn at 7:25 p.m.Carried 5 to O.
Meeting adjourned.