The URL can be used to link to this page

Home My WebLink About1993-01-18-Special Minutes-206- Pennanent Status Fbr Bob Barrett.Motion by CouncilmanBailey and seconded by Councilman Duray to put Bob Barrett on permanent full-time status with a salary increase to $24,000.00 retroactive to 12/1/92.The Mayorput the question on the motion and the roll being called the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy and Scott.Nayes:none recorded.Motion carried 5 to O. Gas Oontract Bid.Motion by CounciJJmanDurcy and seconded by CouncilmanClark to direct City Attorney Huscher to draft an instrument designating Iowa Pipeline as the Gas Department contractor for 1993.Motion ca=ied 5 to O. Carrnittee Reports. Public Safety-Gruber.Report at next meeting. Planning &ZOning-Bailey.The committee discussed the sign ordinance;John Kursitis of Veenstra &Kimmproposed updating zoning ordinances.The _proposal will be presented at the next Council meeting. Parks-SCott.Next committee meeting is January 22. Soutb£ork Association-Clark.CouncilmanClark will see that each Councilmanreceive a copy of the Southfork Association meeting minutes. Utilities-Duray.Utilities Committeemeeting was cancelled. Mayor's Report.No report. lIdministrator's Report.No report. Mjou:o:JIreIlt.Motion by CouncilmanGruber and seconded by CouncilmanDuroy to adjourn. Motion ca=ied 5 to O.Meeting adjourned at 9:52 P.M. ATTEST: City Clerk The January 18,1993 Waukee City Council special meeting was called to order at 7:04 P.M.by MayorFloyd Rosenkranz with Bob Ba=ett present and taking minutes. - Roll was taken and the following Councilmenwere present:Ray Clark,Frank Duroy, Nick Gruber and Curt Scott.CouncilmanDonBailey,Jr.was absent. Staff and guests present were:Brian Redshaw,Paul E.Huscher,Steve Pierce,John Kursitis Robin Horkey,Dennis Dolmage,Joanna Werch,Dennis Gardiner,Jerry Smith,Janet Blazanin,Mike DeAnda,Carl McReynolds,Jeanie McReynolds,NormRiggs,Dr.Jerry Stubben,Gene Stanbrough,Dan Cosgriff,Marilea Morris,Pat Mo=is and Ca=ie Andrews. Approva1of 1/4 MirnItes.Motion by CouncilmanGruber and seconded by Councilman Clark to approve the minutes of the January 4th Council meeting as presented.Motion carraed 4 to O. Agenda Additions.Alice's Road Waterline survey. cpm Fonm.None Guests: N::mn Riggs -Time Study.NormRiggs and Dr.Jerry Stubben of ISU explained the services offered by ISU would include a work/time/duty study,interviews of employees and Councilmen,analyze responses,and then make recommendationson cu=ent staffing and criteria to be used for future staffing increases.The cost of this service would be expenses -estimated to be between $200.00 and $500.00.The Council directed staff to arrange for the study. Jerry Oliver -Countrry Club Plat III.Gene Stanbrough spoke to the Council requesting Council support for a continuous street from Boone Drive through Country Club Woods Plat III and running North and continuing into Country Club West Plat 1.After discus ion ,motion by CouncilmanScott and seconded by CouncilmanClark to support the request.Motion carried 4 to o. - Dan Cosgriff -Sidewall:Insta1lation.Dan explained that occupancy perm:Ltsare not issued until sidewalks are properly installed.During winter months is a bad time to concrete and asked that temporary occupancy permits be issued with permanent ones issued when sidewalks can be poured in the spring.Motion by Counc.i.IrnanDuroy and seconded by CouncilmanGruber to issue temporary occupancy permits when sidewalks are not in place during winter months.Motion carried 4 to O. Dennis Gardiner -FY91-92Audit.Dennis reviewed the audit report.Movedby Councilman -207- Scott and seconded by Councilman Duroy to accept the report.The Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes: Clark,Duroy,Gruber and Scott.Nayes:None recorded.Absent:Bailey.Motion ca=ied 4 to o. Bill Presentation.Motion by Councilman Duroy and seconded by Councilman Gruber to approve payment of claims submitted totaling $42,570.93.Motion carried 4 to O. VENDCR PURPOSE AMOUNT ARATEXSERVICES POLICE MAT CLEANING $26.75 ARNOLDMOTORSUPPLY PARTS 99.08 ASPLUNDHTREE EXPERT ONE-CALL 47.55 ATLANTIC BOTTLING CO.VENDINGMACHINESUPPLIES 33.30 BAKER &TAYLORBOOKS BOOKS 23.18 BANKERSLEASING COPIER PAYMENT 57.06 ROBERTBARRETT EXPENSES 19.00 BINGS OFFICE SUPPLY OFFICE SUPPLIES 58.49 BOB BRCWNCHEVROLET PARTS 18.01 BRCWNSUPPLY SUPPLIES 2,096.00 BUSINESS CCMM.RADIO REPAIR 115.00 CLASSIC FLORAL SERVICES 48.00 BRAD CURTIS LIGHT BULBS 4 .18 DALLAS CO.NEWS LEGAL PUBLICATIONS 274.38 DEMoo SUPPLIES 16.48 DM REGISTER SUBSCRIPTION 22.75 DMWATERWORKS WATERUSAGE 12,153.97 EMP SUPPLIES 64.08 FARMER'S COOP 12/92 PURCHASES 645.08 FESLER'S VEST 472.28 FORMANFORD GLASS WINDOWREPAIR 179.00 FULLER STANDARD 12/92 PURCHASES 224.87 GCMOS 1993 DUES 25.00 GALLS'S INC.JACKET 96.48 GARDINER&CO.FY91-92 AUDIT 6,000.00 GAS PRODUCTSALES GAS SUPPLIES 785.40 HACH CCMPANY PHENOLPHTHALEIN 19.10 HALLETT CONSTRUCTION ICE CONTROLSAND 617 .85 FASTPRO SUPPLIES 183.55 HELEN HOM AUDIO CASSETTES 49.31 PAUL R HUSCHER PROFESSIONAL SERVICES 512.00 INGRAMBOOK CO.BOOKS 308.33 IACP 1993 DUES 100.00 IA FIRE EQUIPMENT EXTINQUISHER REPAIR 85.87 MIDWESTPOWER 1/93 USAGE 2,283.17 IA WINDSHIELD REPAIR WINDSHIELD REPAIR 29.50 JONES LIBRARY SALES ADJUSTABLESHELVES 120.00 K-L PARTS SUPPLIES 160.07 KAR PRODUCTS SUPPLIES 340.40 KIRKWOODCCMMCOLLEGE TRAINING 50.00 ERIC KORPANTY LIBRARY PROGRAM 17.47 LINDA KORPANTY LIBRARY PROGRAM 47.26 LAVINE'S SALES CO.POLICE SUPPLIES 75.00 TONI LESTlNA EXPENSES 13.52 LINDA MACK EXPENSES 9.36 MAINTENANCEENGINEER BALLASTS 276.60 MARTINMARIETTA AGGREG ROADSTONE 3,067.84 METROTECH LINE TRACER 2,647.52 MIDWESTOFFICE TECH ANNUALCOPIER MAINT.810.00 ALISSA MILLS EXPENSES 133.81 OLSON BROTHERS 12/92 PURCHASES 1,140.54 ORKIN PEST CONTROL MONTHLYSERVICE 25.00 PDR DESK REFERENCE 57.90 PAYLESS CASHWAYS SUPPLIES 1,187.17 QUALITY FORD SERVICE,REPAIRS 267.66 GENEX OXYGEN 153.88 RADIO SHACK COMPUTERMAINT.12.53 GENENEREDSHAW PROGRAMSUPPLIES 14.50 FLOYDROSENKRANZ MEETING EXPENSE 9.50 SPORTSMAN'S ATLAS ICWA ATLAS 18.75 THE STATE CHEMICAL SUPPLIES 388.12 JOY TOFTELAND EXPENSES 40.08 TRUCKEQUIP PARTS 131.00 U.S.CELLULAR ANTENNA 20.90 US POSTAL SERVICE POSTAGE,PERMITS 179.00 U.S.WEST COMM.12/92 SERVICE 77.53 U OF I 4th QTR TESTING 90.00 -208- UTILITY CONSULTANTS DIANNAVANZEE VANDERHAAG'S WASHPOINTE WASTEMANAGEMENT WAUKEEHARDWARE WAUKEEMUNIGAS DEBRAWITYK TOTAL 12/92 LABTESTING EXPENSES HOIST,TOPPER 12/92 SERVICES 12/92 SERVICES 12/92 PURCHASES 12/92 SERVICE LIBRARYCLEANING 200.00 8.26 1,799.00 41.20 257.00 515.75 257.76 115.00 $42,570.93 Councilman Bailey arrived at 8:11 P.M. Jlbrth 10th Street Waterline Project.Steve Pierce reviewed the proposed water project, answered questions,and recommended acceptance of the bid from Holbrook Construction in the amount fo $24,798.00 for installation of the waterline.Motion by Councilman Gruber and seconded by Councilman Clark to approve the Ho'Ibr'ook Construction quote of $24,798.00 for installatio of the North lOth Street Water Main Extension.The Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark,Duray,Gruber and Scott.Nayes:none recorded.Motion carried 5 to O. Matters Regarding Armexation Pending Before the City Developrent Board.Paul Huscher reported that he will be attending the City Developnent Board Meeting to discuss amending our involuntary annexation petition in order to allow completion of annexation agreement with Urbandale. Backflow Prevention Ordinance.Hold until February 1st meeting. Ordinance A!rending 303.64.Moved by Councilman Clark and seconded by Councilman Scott to have "Ordinance No.2167.An Ordinance To Amend Chapter 303,Waukee Municipal Code, Land Subdivision Regulations,By Amending Section 303.64,Preliminary Plat To Provide For Monument Signs In Residential Districts For Directory Purposes."be read for the third time.The Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nayes: None recorded.Motion carried 5 to O.Brian read the following ordinance: ORDINANCENO.2167 ANORDINANCETO AMENDCHAPTER303,WAUKEEMUNICIPALCODE,LANDSUBDIVISION REGULATIONS,BY AMENDINGSECTION303.64,PRELIMINARYPLATTO PROVIDEFORMONl.MENTSIGNS IN RESIDENTIALDISTRICTSFORDIRECTORYPURPOSES. BE IT ORDAINEDby the Council of the City of Waukee: - Section 1. Regulations,is the following: §303.64.Location and name of the subdivision to be approved;Location and names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land; and if subdivider desires,in any residence district,application for approval of any monument directory sign or signs varying in size or any other respect from the provisions of §301.23,Waukee Municipal Code. Section 2.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,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. Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided bylaw. 1\mendllent.Chapter 303,Waukee Municipal Code,Land Subdivision hereby amended by deleting Section 303.64,and inserting in lieu thereof Passed by the City Council of the City of Waukee,Iowa,this __---'day of ,1993, and approved this day of ,1993. Floyd Rosenkranz Floyd Rosenkranz,Mayor ATTESTED: Brian J.Redshaw Brian J.Redshaw,Ci ty Clerk Motion by Councilman Clark and seconded by Councilman Gruber that the aforementioned ordinance now be put upon its final passage and adoption and the roll being called,the -209- following named Councilmen voted:Ayes:Bailey,Clark,Duray,Gruber and Scott.Nayes: None recorded.Motion carried 5 to O.Whereupon,the Mayor declared the motion duly ca=ied and the ordinance duly adopted. Official Position Ordinance.Councilman Bailey introduced "An Ordinance To Establish Policy As To Adoption Of An "Official Position",And To Provide Procedure For Adoption Of An "Official Position"Of The City Of Waukee,Iowa."Moved by Councilman Scott and seconded by Councilman Clark that the aforementioned ordinance be read the Mayor put the question on the motion and the roll being called,the following named Councilmen voted:Ayes:Bailey,Clark,Duray,Gruber and Scott.Nayes:None recorded.Motion carr-ted 5 to O.Whereupon,the Mayor declared the motion duly carried and declared that said ordinance had been given its initial passage.Brian read the following ordinance: ORDINANCENO.---- AN ORDINANCETO ESTABLISHPOLICYAS TO ADOPTIONOF AN "OFFICIAL POSITION"ANDTO PROVIDEPROCEDUREFORADOPTIONOF AN "OFFICIAL POSITION"OF THE CITY OF WAUKEE,ICWA. BE IT ORDAINEDby the Council of the City of Waukee: Section 1.The City of Waukee,Iowa,shall have no official position on any issue of any kind or nature,unless and until such official position shall have been established by ordinance of the City of Waukee,Iowa,duly enacted and published as provided by law, which shall,in said ordinance,describe the issue and specifically set forth the position of the City of Waukee,as the "Official Position"of the City of Waukee,Iowa. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,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. Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this day of _~,1993, and approved this day of ,1993. Floyd Rosenkranz Floyd Rosenkranz,Mayor ATTESTED: Brian J.Redshaw Brian J.Redshaw,City Clerk RISE Application.John Kursitis reviewed the RISE application and answered questions. Councilman Gruber moved adoption of the following resolution,seconded by Councilman Clark: RESOLUTION237 WAUKEECITY COUNCIL WHEREAS,the City Council of the City of Waukee has determined that developnent of an industrial park in the vicinity of Highway 6 and Alice's Road is in the best interest of the City to promote industrial developnent and provide tax base in the community,and WHEREAS,to serve the industrial park,paving of Alice's Road,a public street,is warranted,and WHEREAS,commitments have been made by the Ken Bratney Co.and Alexander & Associates to relocate to the proposed industrial park located adjoining Alice's Road and WHEREAS,to finance the project the City is apploying for RISE:Competitive Rating Funding for Local Developnent Projects,and NCW,THEREFORE,BE IT RESOLVEDTHAT: -210- 1.The City Council of the City of Waukeeendorses paving of approximately 4,340 linear feet of Alice's Road. 2.Alice's Road,a public street,is dedicated for pUblic use. 3.The City Council has jurisdictional responsibilities for the proposed improved street and will continue to maintain the street in the future. Passed and approved this 18th day of January,1993,by the City Council of the City of Waukee,Iowa. Floyd Rosenkranz Floyd Rosenkranz ATTESTED: Brian J.Reshaw Brian J.Redshaw,City Clerk After due consideration,the Mayorput the question on the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nayes:none recorded.Motion carried 5 to o.Whereupon,the Mayordeclared the resolution duly adopted and signed approval thereto. Organic Technologies PIoposal.After due consideration the Council decided not to adopt the new program proposal. Final Payment-Holbrook Construction.Motion by CouncilmanDuroy and seconded by CouncilmanScott to approve final payment to Holbrook Construction for the Alice's ,\,i."9 RoadWater Main Extension in the amount $23,639.50 less retainage of $1.18.98.The Mayorput the question on the motion and the roll being called the following named Councilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nayes:none recorded. Motion carried 5 to O. Motion by CouncilmanDuroy and seconded by CouncilmanClark to accept the Alice's RoadWater Main Extension.Motion carried 5 to O. Alice's Road.Maintenance Bond.Motion by CouncilmanScott and seconded by Councilman Duroy to approve the pUblic improvementmaintenance bond for the Alice's RoadWater Main Extension project.Motion ca=ied 5 to O. Hickman Road Service Project Final Acceptance.Motion by CouncilmanClark and seconded by CouncilmanScott to adopte Resolution #238 accepting the work for the HickmanRoad Trunk Sewer Project for purposes of levying the special assessments.After due consideration by the Council,the Mayorput the question upon the motion and the roll being called,the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott.Nayes:none recorded.Motion carr-Led 5 to O.Whereupon,the Mayordeclared said motion duly carried and the resolution adopted,as follows: RESOLUTIONNO.238 Accepting work covering the HickmanRoad Trunk Sewer Project WHEREAS,on December7,1992,this Council accepted the work on the Project for purposes of making payment to the contractor;and WHEREAS,it is now appropriate to accept the work for purposes of levying special assessments;and WHEREAS,the Project Engineers have dUly filed a certificate in accordance with Section 384.58 of the Code of Iowa showing that they have inspected completed work for the Project and that the same has been performed in compliance with the terms of the contract and showing the total cost thereof: NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.It is hereby found and determined that the work of constructing the Project has been duly and fully completed by the contractor in accordance with the term of the contract,and the same is hereby accepted and approved. Section 2.It is hereby found and determined that the total cost of said Project is in the total amount of $317,684.99,of which the sum of $317,684.99 shall be assessed against private property within the assessable district. Section 3.The Project Engineers are hereby instructed to prepare the final schedule of assessments,as provided in Section 384.59 of the Code of Iowa. -211- Section 4.All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed,to the extent of such conflict. Passed and approved January 18,1993. Floyd Rosenkranz Floyd Rosenkranz,Mayor ATTEST: Brian J.Redshaw Brian J.Redshaw,City Clerk Public Safety -GnIDer.The Council received copies of the First Responders equipment inventory and a recap of the calls responded to in 1992. Final AssesSIIEIltsPlats &SChedules.CouncilmanScott proposed and movedthe adoption of the resolution confirming and levying the special assessments,directing that the samebe certified to the County Treasurer and directing publication and mailing of the notice,all as required by Section 384.60 of the Codeof Iowa,seconded by Councilman Duroy,After due consideration by the Council,the Mayorput the question upon the motion and the roll being called,the following nameCouncilmenvoted:Ayes:Bailey, Clark,Duroy,Gruber and Scott.Nayes:none recorded.Motion carried 5 to O. Whereupon,the Mayordeclared said motion duly carried and said resolution adopted,as follows: RESOLUTIONNO.239 Adopting Final Assessment Schedule for the HickmanRoad Trunk Sewer Project and Amending, Confirming and Levying the Assessments WHEREAS,heretofore and in strict compliance with Chapter 384 of the Codeof Iowa, this Council did,pursuant to a Resolution of Necessity duly adopted,order the construction of the HickmanRoad Trunk Sewer Project,such improvementhaving been duly completed,the work accepted and the Project Engineers having filed the final assessment schedule,which has been fully considered by this Council; NCW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.The final assessment schedule filed by the Project Engineers covering the HickmanRoad Trunk Sewer Pro'ject;is hereby amendedas follows: NONE Section 2.The aforementioned final assessment schedule,as amended,is hereby approved and adopted. Section 3.Each and all of the assessments upon the benefited property in the amountsand upon the various lots and tracts described in such final assessment schedule are hereby confirmed and levied. Section 4.Each of such assessments in the ameunt of Fifty Dollars ($50.00)or mere is hereby divided into 10 equal installments,as near as maybe. Section 5.All unpaid installments shall bear interest at the rate of 8.25%per annumfrom January 18,1993 (that being the date of acceptance of the work for purposes of levying the assessments);provided,however,that any such assessments maybe paid in full or in part without interest within 30 days after the date of the first publication of the Notice of Filing of the Final Assessment Schedule with the County Treasurer, such payments to be madeat the office of the City Clerk. Section 6.The first installment of the unpaid assessments shall be due and payable at the office of the County Treasurer of Dallas County on the first day of July,1993, and shall becomedelinquent after the 30th day of September,1993,and then bear the same interest with the same penalties as ordinary taxes. Section 7.Succeeding installments shall becomedue and payable in like manner on the first day of July in each of the years 1994 to 2002,inclusive. Section 8.All assessments in the amcunt of less than Fifty Dollars ($50.00) shall becomedue and payable in full on the first day of July,1993. Section 9.All unpaid installments of any assessment may be paid in full on any date,in which case interest shall be computedon the outstanding balance to the first -212- day of December following the date of such payment;and additional annual installations may be paid after the current installment has been paid before December 1 without interest. Section 10.The City Clerk is hereby authorized and directed to certify and file the final assessment schedule,herein referred to,with the County Treasurer of Dallas County. TIle City Clerk shall thereupon give notice of such certification and filing by publication once each week for two successive weeks in a legal newspaper printed wholly in the English language,published at least once weekly and of general circulation in Waukee,Iowa,the first publication to be not more than 15 days after the date of filing of the said schedule with said County Treasurer. TIle City Clerk shall also mail said notice by ordinary mail to each property owner whose property is subject to assessment for said improvement,said notice to be mailed on or before the second publication of said notice. Section 1..Such notice shall be in form substantially as follows: NOTICE OF FILING OF FINAL ASSESSMENT SCHEDULE FOR THE HICKMAN ROAD TRUNK SEWER PROJECT WAUKEE,IOWA TO WHCM IT MAY CONCERN:Take notice that the City CouncTO of the City of Waukee, Iowa,has adopted the final assessment schedule covering the Hickman Road Trunk Sewer Project,which was duly certified to the County Treasurer of Dallas County,Iowa,on the 19th day of January,1993,all in accordance with Section 384.60 of the Code of Iowa. All of the property within the following described boundaries shall be assessed by reason of such improvement project: An area in Sections 28 and 33,Township 79 North,Range 26 West of the 5th Principal Meridian located in the City of Waukee,Dallas County,Iowa,more particularly desribed as follows: Commencing at the east quarter corner of Section 28,Township 79 North,Range 26 West;thence west along th east-west centerline of said Section 28 six hundred and sixty (660)feet;thence south parallel to the east line of Section 28 to a point six hundred and sixty (660.0)feet north of the south line of Section 28;thence west parallel to the south line of Section 28 to a point ninety-three and four tenths (93.4)feet west of the north-south centerline of Section 28;thence south two hundred twenty-nine and five tenths (229.5)feet;thence west sixty (60.0)feet;thence south three hundred ninety-seven and five tenths (397.5)feet to the north right-of-way line of Iowa Highway 6 (Hickman Road);thence east along said north right-of-way line two hundred thirty and one tenth (230.1)feet; thence south eighty-three (83.0)feet to the northwest corner of Lot 26,Mary Ann Estates Plat 2;thence east seven hundred six and ninety-two hundredths (706.92) feet;thence south two hundred two (202.0)feet;thence west six hunred ninety-three (693.0)feet;thence south one hundred sevety (170.0)feet to the southwest corner of said Lot 26;thence east six hundred ninety-three (693.0)feet to the southeast corner of Lot 25,Mary Ann Estates Plat 2;thence south along the east line of Mary Ann Estates Plat 4 and Mary Ann Estates Plat 3 to the northeast corner of Outlot Y,Mary Ann Estates Plat 3;thence northwesterly along the northerJ_y line of said Outlot Y twenty-seven and thirteen one hundredth (27.13)feet,thence southerly along the westerly line of said Outlot Y one hundred ninety-nine and sixty-six one hundredth (199.66)feet to the southwest corner of said Outlot Y located on the north right-of-way line of the Chicago and Northwestern Railroad; thence southeast along the north right-of-way line of said Railroad to the east line of Section 33,Township 79,North,Range 26 West,thence north along the east line of Section 33 to northeast corner of Section 33,said corner also being the southeast corner of Section 28,Township 79 North,Range 26 West;thence north along the east line of Section 28 to the east quarter corner of Section 28, said quarter corner being the point of beginning,except for highway right-of-way, streets and roads. - Any assessment may be paid in full or in part without interest within 30 days after the date of the first publication of this notice,such payments to be made at the office of the City Clerk.Assessments in the amount of Fifty Dollars ($50.00)or more which are not paid in full within the aforementioned time period will be divided into 10 equal annual installments due on the first day of July,canmencing July 1,1993.All unpaid special assessments will draw annual interest at 8.25%canputed initially from the date of acceptance of the work on the Hickman Road Trunk Sewer Project to December L 1993,and thereafter computed from the December 1 immediately preceding the due dates of the respective installments to th December 1 next following the due dates of -213- the respective installments.Each installment will be delinquent on September 30th following its due date and will draw additionally the same delinquent interest and the samepenalties as ordinary taxes. Anyproperty owner may elect to pay 1/2 of any annual installment of principal and interest of the special assessment in advance with the second semiannual paymentof ordinary taxes collected in the year preceding the due date of such installment. Reference is hereby made to said final assessment schedule for a description of the particular lots or tracts and the amountof the final assessment thereon,as determined and fixed by the Council. By order of the City Council of the City of Waukee,Iowa. Brian J.Redshaw City Clerk Section 12.All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed,to the extent of such conflict. Passed and approved this 18th day of January,1993. Floyd Rosenkranz Floyd Rosenkranz,Mayor ATTEST: Brian J.Redshaw Brian J.Redshaw,City Clerk Sewer Generator Conversion.Hold until February 1st meeting. Hearing on $16OKBonds.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 Mayorcalled for any written or oral objections,and there being none,the Mayor announcedthat the Council may authorize the loan agreement in the amount as published. After due consideration and discussion,CouncilmanClark introduced the resolution next hereinafter set out and movedits adoption,seconded by CouncilmanBailey.The Mayorput the question upon the adoption of said resolution,and the roll being called, the following namedCouncilmenvoted:Ayes:Bailey,Clark,Duroy,Gruber and Scott. Nayes:none recorded.Motion carried 5 to 0.Whereupon,the Mayordeclared the resolution dUly adopted as hereinafter set out. RESOLUTIONNO.240 Approvingand authorizing a Loan Agreementand providing for the issuan"e of $160,000 General Obligation Water Notes and providing for the levy of taxes to pay the same WHEREAS,pursuant to the provisions of Section 384.24Aof 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 amountof $160,000 (the "LoanAgreement") to provide funds to pay the cost,to that extent,of the construction,reconstruction, irrprovement,extension and equipping of the Municipal WaterworksSystem of the City, including the refunding of outstanding Warrants previously issued by the City to pay costs in connection therewith,and has published notice of the proposed action and has held a hearing thereon,and the Council may now authorize the Loan Agreementin the amountas published; NiJiII,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 Agreementwith Ruan Securities Corporation,Des Moines,Iowa,as lender (the "Lender"),in substantially the form as had been placed on file with the Council,providing for a loan to the City in the principal amountof $160,000,at a discount of $3,200,for the purpose or purposes set forth in the preamble hereof. The Mayorand City Clerk are hereby authorized and directed to sign the Loan Agreementon behalf of the City,and the Loan Agreementis hereby approved. -214- Section 2.General Obligation Water Notes (the "Notes")are hereby authorized to be issued in evidence of the obligation of the City under the LoanAgreement,in the total aggregate principal amountof $160,000,to be dated January 1,1993,in the denominationof $5,000 each,or any integral multiple thereof,maturing on June 1 in each of the years,in the respective principal amountsand bearing interest at the respective rates,as follows: Principal Interest Rate Amount Per Annum $15,000 3.50% $15,000 4.10% $20,000 4.50% $20,000 4.75% Year 1994 1995 1996 1997 Year 1998 1999 2000 2001 Principal Amount $20,000 $20,000 $25,000 $25,000 Interest Rate Per Annum 4.95% 5.15% 5.35% 5.50% Bankers Trust Companyof Des Moines,Iowa,is hereby designated as the Registrar and Paying Agent for the Notes and maybe hereinafter referred to as the "Registrar"or the "Paying Agent".- The City reserves the right to prepay part or all of the Notes maturing in each of the years 2000 and 2001,prior to and in inverse order of maturity of June 1,1999,or on any interest paymentdate thereafter upon terms of par and accrued interest.If less than all of the Notes of any like maturity are to be redemmed,the particular part of those Notes to be redeemedshall 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 amountof any Note in a denominationof more than $5,000 is to be redeemed,the Registrar will issue and deliver to the registered ownerthereof,upon surrender of such original Note,a newNote or Notes,in any authorized denomination,in a total aggregate principal amountequal to the unredeemedbalance of the original Note.Notice of such redemption as aforesaid identifying the Note or Notes (or portion thereof)to be redeemedshall be mailed by certified mail to the registered owners thereof at the addresses shownon 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 June 1,1993,and semiannually thereafter on the first day of June and Decemberin each year.Paymentof interest on the Notes shall be madeto the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the monthnext proceding the interest paymentdate and shall be paid by check or draft mailed to the registered owners at the addresses shownon such registration books.Principal of the Notes shall be payable in lawful moneyof the United States of Americato the registered ownersor 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 manualor facsimile signature of the Mayorand attested with the official manualor facsimile signature of the City Clerk and shall have the City's seal impressed or printed thereon, and shall be Fu.Hyregistered Notes without interest coupons.In case any officer whose signature or the facsimile of whosesignature 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 sameas if such officer had remained in office until delivery. The Notes shall not be valid or becomeobligatory 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 namesof the ownerson the registration books of the City kept by the Registrar,and after such registration,paymentof the principal thereof and interest thereon shall be madeonly to the registered owners or their legal representatives or assigns.Each Note shall be transferable 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 owneror 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 Codeof Iowa. Section 3.The Notes shall be in substantially the following form: (I\'ote form available in City Hall for viewing.) Section 4.The Notes shall be executed as herein provided as soon after the adoption of this resolution as maybe 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 ation heretofore taken in connection with the LoanAgreementis hereby ratified and confirmed in all respects. -215- Section 5.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 becomedue,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 year,to-wit: For collection in the fiscal year beginning July 1,1993, sufficient to produce the net annual sum $25,941; For collection in the fiscal year beginning July L 1994, sufficient to produce the net annual sumof $22,198; For collection in the fiscal year beginning July I,1995, "Cl .suff±t:±ent,ci:o.producerrhe net·,annua:E,SUl1I 0]';:$26,.583.;·',.,i For collection in the fiscal year beginning July 1,1996, sufficient to produce the net annual sumof $25,683; For collection in the fiscal year beginning July I,1997, sufficient to produce the net annual sumof $24,733; For collection in the fiscal year beginning July I,1998, sufficient to produce the net annual sumof $23,743; For collection in the fiscal year beginning July 1,1999, sufficient to produce the net annual sumof $27,713; For collection in the fiscal year beginning July 1,2000, sufficient to produce the net annual sumof $26,375. Section 6.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.Whenannually entering such taxes for collection,the CountyAuditor shall include the same as a part of the tax levy for Debt Service FundpUIposes of the City and whencollected,the proceeds of the taxes shall be converted into the Debt Service Fundof the City and set aside therein as a special account to be used solely and only for the paymentof the principal of and interest on the Notes hereby authorized and for no other purpose...whatsoever.Any arrount 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 paymentdate. Section 7.The interest or principal and both of them falling due in any year or years shall,if necessary,be paid promptIy from current funds on hand in advance of taxes levied and whenthe taxes shall have been collected,reimbursementshall be madeto such current funds in the sumthus 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 prornptpaymentof the principal of and interest on the Notes. Section 8.It is the intention of the City that interest on the Notes be and remain excluded from gross incomefor federal incometax pUIposes 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 comp.Lywith the provisions of the Internal RevenueCodeas they may from time to time be in effect or amendedand further covenants to comp.Iywith the applicable future laws,regulations,published rulings and court decisions as maybe necessary to insure that the interest on the Notes will remain excluded from gross incomefor federal incometax purposes.Anyand all of the officers of the City are hereby authorized and directed to take any and all actions as maybe necessary to complywith the convenants herein contained. The City hereby designates the Notes as "Qualified Tax Exerrpt;Obligations" as that term is used in Section 265(b)(3)(B)of the Internal RevenueCode. Section 9.All resolutions or parts thereof in conflict herewith be and the sameare hereby repealed to the extent of such conflict. Passed and approved January 18,1993. Floyd Rosenkranz Floyd Rosenkranz,Mayor ATTEST: Brian J.Redshaw Brian J.Redshaw,City Clerk -216- ca1cium Application Proposal (Liquid).Onebid was received.Additional bids are to be sought and purchase included in FY93-94budget. zoning OJ:dinance Update.Proposal received from Veenstra &Kimmto review and update the zoning ordinances at a cost not to exceed $7,900.00.Motion by CouncilmanBailey and seconded by CouncilmanClark to review and update zoning ordinances at a cost not to exceed $7,900.00.Motion carried 5 to o. Alice's Road Waterline Survey.Brian has received 8 to 10 survey responses. Enployee Assistance Program.Hold until February 1st meeting. Enployee Handbook lIdoption.Motion by CouncilmanBailey and seconded by Councilman Gruber to adopt the employeehandbookas presented.The Mayorput the question upon the motion,and the roll being called,the following namedCouncilmenvoted:Ayes: Bailey,Clark,Gruber and Scott.Nayes:Duray.Motion carried 4 to l. Library Report -Clark.Copies of the Library Board of Trustees meeting minutes were distributed to the Council. 1Idministrator's Report.Motion by CouncilmanDuray and seconded by CouncilmanClark to retain the current billing practices of not prorating bills and processing final bill requests as time permits.Motion carried 5 to O. Motion by CouncilmanGruber and seconded by CouncilmanClark to direct Brian to notify all builders of the requirement to secure an occupancy permit before a structure is to be occupied and to see that this reminder is added to the building permit application Motion carried 5 to o. Brian was directed to begin the process to have a special census completed this year. Brian was directed to research of the need for an ordinance establishing method and time fram for disposal of abandonedproperty in rental units. Adjourrnrent.Motion by CouncilmanGruber and seconded by CouncilmanDuroy to adjourn. Motion carraed 5 to O.Meeting adjourned at 10:46 P.M. - ,F yd Roserfkranz MAYOR ATTESTED: ~t2 - -