HomeMy WebLinkAbout1992-11-30-Special Minutes-179-
Tne November30,1992WaukeeCity Council special meeting was called to order at 7:05 P.M.
by MayorFloyd Rosenkranzwith Bob Barrett taking minutes.
Roll call was taken and the following Councilmenwere present:DonBailey,Jr.,Ray Clark,
Frank Duroy,Nick Gruber and Curtis Scott.
Staff and guests present were Brian Redshaw,Steve Pierce and DanWhite.~,~j
'r"Issuance of $275MConstruction Warrants.CouncilmanDuroyintroduced the resolution entitled
"Resolution No.235,a resolution relating to financing of certain proposed projects to be
undertaken by the City and establishing compliancewith reimbursementbond regulations
under the Internal RevenueCode",and movedthat said resolution be adopted;seconded by
CouncilmanScott.After due consideration thereof by the Council,the Mayorput the
question on the motion and the roll being called,the following namedCouncilmenvoted:
Ayes:Bailey,Clark,Duroy,Gruber and Scott.
Nayes:Nonerecorded
Motion ca=ied 5 to O.Whereupon,the Mayordeclared the resolution duly adopted.
as follows:
RESOLUTIONNO.235
Resolution relating to financing of certain proposed projects to be
under tekeri by the Cityeeand-establishing-.ccmpl.tancevwi.t.h
reimbursementbond regulations under the Internal RevenueCode
BEIT RESOLVEDbythe City Council (the "Council")of the City of Waukee,Iowa
(the "City"),as follows:
1.Recitals.
(a)The Internal RevenueService has issued Section 1.103-18 of the
IncomeTax Regulations (the "Regulations")dealing with the issuance of
bonds,all or a portion of the proceeds of which are to be used to reimburse
the City for project expenditures madeby the City prior to the date of
issuance.
(b)The Regulations generally require that the City makea prior
declaration of its official intent to reimburse itself for such prior expenditures
out of the proceeds of a subsequently issued borrowing,that the borrowing
~oc=and the rej.mbursementallocation be madefrom the proceeds of such
borrowingwithin one year of the paymentof the expenditure or,if longer,
within one year of the date the project is placed in service,and that the
expenditure be a capital expenditure.
(c)The City desires to complywith requirements of the Regulations
with respect to certain projects hereinafter identified.
2.Official Intent Declaration.
(a)The City proposes to undertake the following projects described on
Exhibit A attached hereto.
(b)other than (i)expenditures to be paid or reimbursed from sources
other than a borrowing or (ii)expenditures permitted to be reimbursed pursuant to
the transition provision of Section 1.103-18(1)(2)of the Regulations or (iii)
expenditures constituting preliminary expenditures as defined in Section 1.103-
18(i)(2)of the Regulations,no expenditures for the foregoing projects as identified
on Exhibit A have heretofore been madeby the City and no expenditures will be
madeby the City until after the date of this Resolution.
(c)The City reasonably expects to reimburse the expenditures madefor
costs of the designated projects out of the proceeds of debt (the "Bonds")to be
incurred by the City after the date of paymentof all or a portion of the costs.All
reimbursed expenditures shall be capital expenditures as defined in Section 1.150-
l(h)of the Regulations.
(d)This declaration is a declaration of official intent adopted pursuant
to Section 1.103-18 of the Regulations.
3.Budgetary Matters.As of the date hereof,there are no City funds
reserved,allocated on a long term basis or otherwise set aside (or reasonably
expected to be reserved,allocated on a long term basis or otherwise set aside)to
provide permanent financing for the expenditures related to the projects.other than
pursuant to the issuance of the Bonds.This resolution.therefore,is determined to
be consistent with the City's budgetary and financial circumstances as they exist or
are reasonably foreseeable on the date hereof,all within the meaningand content of
the Regulations.
4.Filing.This resolution shall be filed within 30 days of its adoption in
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the publicly available official books and records of the City.This resolution shall
be available for inspection at the office of the City Clerk at the City Hall (which
is the main administrative office of the City)dur.i.nqnormaJ.business hours of the
City on every business day until the date of issuance of the Bonds.
5.ReimbursementAllocations.The City's financial officer shall be responsible
for making the "reimbursementallocations"described in the Regulations,being
generally the transfer of the appropriate amountof proceeds of the Bonds to
reimburse the source of temporary financing used by the City to makepaymentof the
prior costs of the projects.Each allocation shall be evidenced by an entry on the
official books and records of the City maintained for the Bonds,shall specifically
identiy the actual prior expenditure being reimbursed or,in the case of
reimbursementof a fund or account in accordance with Section 1.103-18,the fund
or account from which the expenditure was paid,and shall be effective to relieve
the proceeds of the Bonds from any restriction under the bond resolution or other
relevant legal documentsfor the Bonds,and under any applicable state statute,
which would apply to the unspent proceeds of the Bonds.-
6.Conflicting Resolutions.All resolutions or parts of resolution in conflict
herewith be the same are hereby repealed,to the extent of such conflict.
Passed and approved this 30th day of November,1992.
MAYOR
Floyd W.Rosenkranz
ATTEST:
Brian J.Redshaw
City Clerk
CouncilmanClark introduced the resolution entitled "Resolution No.236,a resolution
providing for the issuance of wa=ants in connections with the construction of the Hickman
RoadTrunk Sewer Project",and movedthat said resolution be adopted:seconded by
CouncilmanBailey.After due consideration thereof by the Council,the Mayorput the
question on the motion and the roll being called,the following namedCouncilmenvoted:
Ayes:Bailey,Clark,Duray,Gruber and Scott.
Nayes:Nonerecorded.
Motion ca=ied 5 to O.Thereupon,the Mayordeclared the resolution duly adopted,
as follows:
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RESOLUTIONNO.236
Resolution providing for the issuance of warrants in connection with
the construction of the HickmanTrunk Sewer Project
WHEREAS,the City Council of 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 HickmanRoadTrunk Sewer Project (hereinafter referred to as
the "Project");and
WHEREAS,to pay for authorized costs of the Project,it is necessary to issue
wa=ants in the aggregate principal amountof $275,000,pursuant to the provisions
of Section 384.57 of the Codeof Iowa.
NCW,THEREFORE,It is Resolved by the City Council of the City of Waukee,
Iowa,as follows:
Section 1.The City Clerk is authorized and directed to issue $275,000Warrants,
a discount of $2,750 (the "Warrants"),as authorized by Section 384.57 of the Codeof Iowa,-
to Ruan Securities Corporation,Des Moines,Iowa (the "Purchaser"),to be payable from such
fund or funds of the City as are legally available for such purpose,including,but not
limited to,to proceeds from the sale and issuance of General Obligation and/or Sewer
RevenueBondsor Notes;the proceeds from governmental grants as maybe obtained by the
City:the future Net Revenuesof the Municipal Sanitary Sewer Systemof the City:and/or
special assessments levied against property benefitted by the Project.The Warrants
shall be signed by the Mayorand attested by the City Clerk with the seal of the City
affixed and delivered to the aforesaid Purchaser,shall be dated as of the date of their
delivery to the Purchaser,shall mature on November1,1993,shall be in the denomination
of $5,000 each,or any integral multiple thereof,and shall bear interest at the rate of
4.15%per annum,payable on May1,1993,and on November1,1993,except as the provisions
hereinafter set forth with respect to redemption prior to maturity maybe or becone
applicable hereto.
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Section 2.The Wa=ants shall be in substantially the form as attached to this
resolution and shall be payable as to principal and interest in accordance with the terms
set forth therein.
Section 3.The City shall maintain as confidential the record of identity of
owners of the Wa=ants,as provided by Section 22.7 of the Codeof Iowa.
Section 4.The City Clerk is hereby designated as the Registrar and Paying Agent
with respect to the Wa=ants.
Section 5.The City reserves the right to repay the Wa=ants in whole or in part
on any date prior to maturity upon terms of par and accrued interest.The Warrants maybe
called in part in one or more units of $5,000.If less than the entire principal amount
of any Wa=ant 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 Warrant,
a newWarrant or Warrants,in any authorized denomination,in a total aggregate principal
amountequal to the unredeemedbalance of the original Warrant.Notice of such redemption
as aforesaid identifying the Warrant or Warrants (or portion thereof)to be redeemedshall
be mailed by certified mail to be registered owners thereof at the addresses shownon the
City's registration books not less than 10 days prior to such redemption date.All of such
Wa=ants 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.
Section 6.It is the intention of the City that interest on the Warrants be and
remain excluded from gross income for federal income tax purposes pursuant to the
appropriate provisions of the Internal RevenueCodeof 1986,as amended,and the Treasury
Regulations in effect with respect thereto (all of the foregoing herein referred to as.the
"Internal RevenueCode").In furtherance thereof,the City covenants to complywith the
provisions of the Internal RevenueCodeas they may from time to time be in effect or
amendedand further covenants to complywith applicable future laws,regulations,published
rulings and court decisions as maybe necessary to insure that the interest on the.Wa=ants
will remain excluded from gross income for federal income tax purposes.Anyand all of the
officers of the City are hereby authorized and directed to take any and all actions as may
be necessary to complywith the covenants herein contained.
The Wa=ants are hereby designated as "Qualified Tax ExemptObligations"as that
term is used in Section 265(b)(3)(B)of the Internal RevenueCode.
Section 7.All resolutions or orders or parts thereof in conflict herewith be and
the same are hereby repealed,to the extent of such conflict.
Passed and approved November30,1992.
Floyd W.Rosenkranz
MAYOR
ATTEST:
Brian J.Redshaw
City Clerk
Pay Estimate No.1 -(M Contracting.Motionby CouncilmanDuroy and seconded by Councilman
Clark to approve paying pay estimate #1 in the amountof $51,146.42 to GMContracting,Inc.
for work completed on the HickmanRoadTrunk Sewer Project.After due consideration by the
Council,the Mayorput the question on the motion and the roll being called,the following
namedCouncilmenvoted:
Ayes:Bailey,Clark,Duroy,Gruber and Scott
Nayes:Nonerecorded
Motion ca=ied 5 to O.
Steve Pierce asked the Council to consider a supplemental contract for the finishing
work on the HickmanRoadTrunk Sewer Project to be complet·edin the Spring with GM
Contracting furnishing a cash bond and to final out the project.Staff was directed to
have the necessary paperwork completed for Council consideration at the December7th
Council meeting..
Class C Liquor License -The Old Bank.Mbtion by CouncilmanGruber and seconded by
CouncilmanDuroy to approve issuing a Class C liquor license to The Old Bank.Motion
ca=ied 5 to O.
Radiant Heating System.Bids for heating the newmaintenance building were received from
Bell Brothers Heating &Air Conditioning and from Radiant Sales Corporation.After due
consideration by the Council,a motion was madeby CouncilmanScott and seconded by
CouncilmanBailey to accept the bid from Bell Brothers in the amountof $5,778.00 to heat
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the new maintenance building.Motion carried 5 to o.
Holiday Turkeys And HaII5.To enhance worker productivity and as a small token of the
Council and City's appreciation of all City staff's dedicated work ethic,a motion was
made by Councilman Gruber and seconded by Councilman Bailey to approve the purchase of
turkeys or hams for all full-time City employees and part-time employees regularly
scheduled to work 20 hours or more per week,cost not to exceed $20.00 per person.
Motion carried 5 to o.
City Office Hours 12/24 and 12/31.Motion by Councilman Gruber and seconded by Councilman
Duroy to close city offices at noon on 12/24 and 12/31 in conformity with traditional
business practices.Motion carried 5 to O.
Tine Management Study.Brian explained a program offered thru Iowa State University
Extension Service where all city departments and personnel usage is reviewed and
recommendations for staffing are made to the Council to better plan future staffing needs
at a cost of $500.00.Motion by Councilman Scott and seconded by Councilman Bailey to
approve the ISU Extension Service personnel study at a cost of $500.00.Motion
carried 5 to O.
lldjounmecrt.There being no further business to consider,Councilman Gruber moved and
Councilman Scott seconded to adjourn.
Motion carried 5 to O.Meeting adjourned at 7:49 P.M.
ATTEST:
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The December 7,1992 Waukee City Council regular meeting was called to order at 7.08 P.M.
by Mayor Floyd Rosenkranz with Bob Barrett present and taking minutes.
Roll was taken and the following Councilmen were present:Don Bailey,Jr.,Ray Clark,
Frank Duroy,Nick Gruber and Curtis Scott.
Staff and guests present were:Brian Redshaw,Chuck Christianson,Dan White,Steve Pierce,_
Paul E.Huscher,Don Henson,Mark Gruber and Marilyn Rutz.
Agenda Additions.None
Approval of 11/16 and 11/30 Minutes.Motion by Councilman Duray and seconded by Councilman
Scott to approve the minutes of November 16,1992 and November 30,1992 as presented.
Motion carried 5 to O.
Open Forum.Don Henson,Fire Chief,spoke to the Council to explore ideas to improve
the fire station.Ideas discussed ranged from remodeling the existing station;demolishing
the present building and building a larger station at the present site;purchasing a
site and building a new station;or building a new station on land the City presently
owns.The lot size of the present fire station site does not make the first two options
feasible;attention will be directed to exploring the last two options.
Bill Presentation.Motion by Councilman Duroy and seconded by Councilman Clark to
approve payment of claims submitted totaling $47,598.40.Motion carried 5 to O.
Vendor
ARATEX SERVICES
ASPLUNDH TREE EXPERT
ATLANTIC BOTTLING
BAER AG.
BANKERS LEASING
ROBERT BARRETT
BEN FRANKLIN
BINGS OFFICE SUPPLY
BLUE CROSS
BRODERICK ANIMAL CLINIC
BRCWN SUPPLY
BUSINESS CCMMUNlCATIONS
CLASSIC FLORAL
COPY SYSTEMS
DALLAS COUNTY NEWS
DAWSON
DEMCO
OM ASPHALT
DM WATERWORKS
ELECTRONIC ENGINEERING
Purpose
POLICE MAT CLEANING
ONE-CALL
VENDING MACHINE SUPPLIES
BOOTS
COPIER PAYMENT
EXPENSES
SUPPLIES
OFFICE SUPPLIES
INSURANCE
SERVICES
SUPPLIES
RADIO SERVICE
SERVICES
COPIER MAINTENANCE
11/92 PUBLICATIONS
BOCKS
OFFICE SUPPLIES
ROAD MATERIAL
WATER USAGE
PAGERS,MONTHLY SERVICE
Amount
$45.00
104.33
133.20
76.00
57.61
17 .01
110.20
20.22
10,406.91
10.00
1,295.65
205.00
23.00
30.42
297.83
97.61
317.05
402.25
9,121.06
83.80
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