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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. 263 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.