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HomeMy WebLinkAbout1994-07-11-Regular Minutes-17 - THE JULY 11,1994 WAUKEE CITY COUNCIL REGULAR MEETING WAS CALLED TO ORDER AT 7:00 PM AT CITY HALL BY MAYOR CHET CHEDESTER WITH BOB BARRETT TAKING MINUTES. ROLL WAS TAKEN AND THE FOLLOWING COUNCIL MEMBERS WERE PRESENT,DON BAILEY,JR.,FRANK DUROY,NICK GRUBER,MONICA LIHS AND TERRY STRAIN. STAFF AND GUESTS IN ATTENDANCE:BRIAN REDSHAW,PAUL E.HUSCHER,BILL FORBES,MARY WHITE, JOHN KURSITIS,LARRY WEAVER,SHERRY WEAVER,BEN PHILLIPS,MIKE BARNES,DOUG SALTSGAVER ,RICK Ross,BOB TRISSEL,SCOTT LAIRD,SUSAN LAIRD,BONNIE HYDA,DENNIS DOLMAGE,LEON KOEPPEL,JAY HOSKINSON,JIM THOMPSON,MARVIN BERGER,TOM MEHL,GARY HOWARD,JOHN SMIDT, LARRY SPONSLER,LEROY COFFEY AND PAT COFFEY. AGENDA ADDITIONS.IRRIGATION METERS (23B).ON A VOICE VOTE THIS ITEM WAS ADDED TO THE AGENDA 5 TO 0. OPEN FORUM.SCOTT AND SUSAN LAIRD INFORMED THE COUNCIL OF PROBLEMS WITH RAW SEWAGE BACKUP INTO THEIR BASEMENT,THE DATE OF THE BACKUPS,THEIR ATTEMPTS TO RECTIFY THE PROBLEM,CITY WORKERS EFFORTS IN REMOVING DEBRIS FROM,THE SEWER LINES AND THE RESPONSES RECEIVED FROM,THE CITY'S INSURANCE CARRIER,THE LAIRD'S INSURANCE CARRIER AND FROM THE SEWER LINE INSTALLATION CONTRACTDR CORRELL CONTRACTORS,INC.MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO PAY THE LAIRDS $502.55 FOR THEIR SEWER BACKUP DAMAGE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER, LIHS AND STRAIN.NAYS'NONE.MOTION CARRIED 5 TO 0. THE CITY ATTORNEY WAS ASKED TO ADD REQUIRING OF A SANITARY SEWER BACKFLOW CHECK VALVE IN THE CITY'S BUILDING CODE ORDINANCES. COUNCILMAN BAILEY PROVIDED A LIST OF GRANTS THAT HAVE BEEN AWARDED TO THE CITY AND TO THE LIBRARY IN THE PAST FEW YEARS AND MENTIONED THAT THE CITY HAS ALSO APPLIED FOR OTHER THINGS GOING FOR IT,THAT THE POSITIVES SHOULD BE EMPHASIZED AND THAT KNOWN MISINFORMATION SHOULD CEASE BEING DISTRIBUTED. MAYOR CHEDESTER STATED THAT HE WOULD CONTACT THE DALLAS COUNTY NEWS AND FURNISH THEM WITH THE CORRECT INFORMATION THAT COUNCILMAN BAILEY HAS PROVIDED. CONSENT AGENDA. A.BILL PRESENTATION.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO APPROVE PAYMENT OF CLAIMS SUBMITTED LESS THE $312.00 CLAIM FROM BABICH,MCCONNELL & RENZO FOR A CLAIMS TOTAL OF $124,547.94.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES' BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS,NONE.MOTION CARRIED 5 TO 0. VENDOR PURPOSE AMOUNT AT &T AMERICAN MEDIA CORP AMERICAN WATERWORKS Assoc ANN EAR EQUIPMENT,INC. ARATEX SERVICES ARCHER TV BAKER &TAYLOR BOOKS BANKERS TRUST COMPANY BARCO MUNICIPAL PRODUCTS BATTERY WAREHOUSE BERGFELD RECREATION,INC BIBLIOGRAPHICAL CENTER BLUE CRoss/BLUE SHIELD BORDER'S BOOK SHOP BORDART Co BUSINESS COMMUNICATIONS C.GREEN CONTRACTOR LONG DISTANCE SERVICE MATERIALS A\~WA MEMBERSHIP TORO MOWER ENTRANCE MAT CLEANING VCR CAMERA MATERIALS MONTHLY P&I DEPOSIT HOMELITE BLOWER BATTERIES BASKETBALL OUTFITS LDR STORAGE 07/94 PREMIUM MATERIALS BOOK PLATES RADIO REPAIRS CURB REPAI R $34.05 150.73 73.00 3,240.00 78.68 895.15 50.34 32,867.00 895.15 124.89 1,900.00 .93 9,206.97 335.96 16.18 405.00 150.00 CIn,INC. CAPITAL CITY EQUIPMENT CARPENTER UNIFORM Co CELLULAR ADVANTAGE INC. CENTRAL IOWA REGIONAL LIBRARY CHICAGO &NORTH WESTERN TRANS CITY OF JOHNSTON COpy SYSTEMS,INC. CU LLI GAN DALLAS COUNTY NEWS DAWSON DM ASPHALT &PAVING Co DES MOINES REGISTER DES MOINES WATER WORKS DM SANITARY SUPPLY Co DORRIAN HEATING &COOLING DORSEY &WHITNEY EAGLE RESEARCH CORP ELECTRONIC ENGINEERING Co EMPLOYEE ASSISTANCE PROGRAM FARM &FAMILY CENTER FINANCIAL PRODUCTS CORP FRANK LI N viA TTS FULLER STANDARD SERVICE GAS PRODUCTS SALES GREAT AMERICAN OUTDOOR MARK GRUBER H.B.LEISEROWITZ Co HACH COMPANY HALLETT MATERIALS RON HARTMAN FAST PRO INTERNATIONAL INC HOLT TIRE SERVICE INC. PAUL E.HUSCHER PAUL R.HUSCHER IA MUNICIPAL WORKERS INGRAM BOOK COMPANY IA DEPT OF ECONOMIC DEV IA METHODIST MEDICAL CENTER IA PIPELINE ASSOCIATES MIDWEST POWER IA STATE EDUCATION Assoc IA STATE UNIVERSITY IA WATER POLLUTION CONTROL Assoc JIM'S JOHNS KAY UNIFORMS LAVINE'S SALES Co LEAGUE OF IOWA MUNICIPALITIES LEASE CONSULTANTS CORP LGI LOGAN CONTRACTORS SUPPLY LI NDA MACK -18 - MOUTHPIECE BLADES,WASHERS JACKETS 2 CELLULAR PHONES DATABASE SERIALS UNIVERSITY RR LIGHTS 05/94 STREET CLEANING MONTHLY COPIER MAINTENANCE WATER 06/94 PUBLICATIONS f1ATERIALS COLD MIX SUBSCRIPTION 06/94 USAGE FLAGS,URINAL SCREENS REFRIGERATOR REPAIR BOND LEGAL SERVICES GRAIN DRYER METERS MONTHLY PAGING,REPAIRS ANNUAL PREMIUM DUMP CART,COOLERS ANNUAL COMPUTER MAINTENANCE MATERIALS 06/94 PURCHASES GAS STOPS ARM 06/94 BUILDING PERMITS CANDY AND GUM POCKET PAL PH TESTER PEA GRAVEL 06/94 CITY HALL CLEANING MEDICAL SUPPLIES TIRE REPAIR 07/94 RETAINER 06/94 PROFESSIONAL SERVICE INSTALLMENT #1 MATERIALS ANNEXATION PUBLICATION DRUG TEST MISCELLANEOUS GAS PIPE WORK MONTHLY SERVICE BOOKMARKS WATER TREATMENT DPS CONFERENCE IWPCA ANNUAL CONFERENCE 06/94 RENTAL NAVY FEMALE COVER POLICE SUPPLIES DUES COPIER PAYMENT #5 WATER TESTING 8#SLEDGE VIDEOS 35.63 109.80 1,895.75 816.00 5.05 3,853.41 2,600.00 18.18 35.85 187.42 33.39 587.25 44.20 15,537.10 239.06 109.60 3,359.07 607.95 138.04 1,050.00 294.94 3,657.00 62.00 275.67 837.00 33.87 104.00 20.67 90.60 97.83 500.00 33.50 25.00 500.00 570.00 1,429.00 1135.21 32.40 15.85 328.07 ~,119.08 6.00 100.00 100.00 40.00 67.50 35.40 749.00 72.31 117.75 15.79 64.87 THE MEL STRAUB CORP MESA PRODUCTS,INC. METRO SALES COMPANY Moss BROTHERS,INC. MUNICIPAL SUPPLE NIGHT MAGIC INC. OLSON BROTHERS PAY LESS CASHWAYS,INC. QUALITY FORD OF WDM GENEX R-WAY CONCRETE RADIO SHACK REDDEN-MILLER,INC. JENNIFER RYNEARSON SAFETy-KLEEN CORP DUSTIN STEVENS THE BUILDING INSPECTORS THE LIBRARY CORPORATION THE STATE CHEMICAL MFG CO. JOY TOFTE LAND TOYNE'S IA FIRE TRUCK SERVICE TRIPLETT OFFICE ESSENTIALS UNITED STATES CELLULAR US ENERGY SERVICES,INC. US POSTAL SERVICE US WEST CELLULAR US WEST COMMUNICATIONS U OF I HYGIENIC LAB UTILITY CONSULTANTS UTILITY EQUIPMENT COMPANY VAN-viALL EQUIPMENT,INC. VISA WAL-MART WASTE MANAGEMENT OF IOWA WATERPRO SUPPLIES CORP WAUKEE HARDWARE WAUKEE LAUNDROMAT WAUKEE MUNICIPAL GAS JOHN WESSELMANN DEBRA VIITYK TOTAL ApPROVAL OF JUNE 6TH AND 2~TH MINUTES. COUNCILMAN STRAIN,TO APPROVE THE JUNE PRESENTED.THE MAYOR ASKED FOR A ROLL STRAIN.NAYS:NONE.r10TION CARRIED 5 -19 - CITATIONS VIATER SUPPLIES ~IETRO WALL MAP GASKET,PLUG WATER METERS,SUPPLIES FIREWORKS ~6/94 PURCHASES CONCRETE MIX LUBE,OIL AND FILTER OXYGEN AND ACETYLENE CONCRETE COUNCIL MEETING TAPES MONTHLY COPIER MAINTENANCE SUMMER READING PROGRAM CLEANING SUPPLIES FIRE REPORTS (28) 06/94 BUILDING PERMITS UNION PAC UPDATE CUSTOM STRAPPER SUPPLIES AND MILEAGE COATS,PANTS,VESTS,AIR BAGS OFFICE SUPPLIES CELLULAR SERVICE NATURAL GAS Box RENTAL,STAMPS CELLULAR SERVICE ~6/94 PHONE SERVICE 2ND QTR WATER TESTING 06/94 SEWER TESTING GEN PIT SET PARTS WATER SEMINAR SRC SUPPLIES ~6/94 SERVICES VARIOUS SUPPLIES 06/94 PURCHASES DAMAGED CLOTHING ~6/94 GAS SERVICE IWPCA ANNUAL CONFERENCE ~6/94 LIBRARY CLeANING 346.50 575.13 103.60 1~.96 3,0~7.28 3,5~0.~0 635.46 47.32 26.84 39.45 1,333.25 16.14 110.84 15.00 71.50 14~.00 636.~0 35.00 135.54 71.27 1,456.00 189.80 25.32 11 ,~~4.85 50.50 31.32 439.48 9~.00 627.00 69.15 217.00 242.87 43.87 361.30 125.00 578.86 312.92 76.60 143.16 121i1.~1iI $124,547.94 MOVED BY COUNCILMAN DUROY,SECONDED BY 6TH AND JUNE 21i1THCOUNCIL MEETING MINUTES AS CALL VOTE:AYEs:BAILEY,DUROY,GRUBER,L!HS TO iii. AND WAIVER OF BUILDING PERMIT FEES ON CONCESSION STAND.MOVED BY COUNCILMAN DUROY, SECONDED BY COUNCILMAN GRUBER,TO WAIVE THE BUILDING PERMIT FEE OF $265.~~FOR CONSTRUCTION OF A NEW CONCESSION STAND AT THE HIGH SCHOOL FOOTBALL/SOCCER FIELD. MAYOR ASKED FOR A ROLL CALL VOTE:AYES.BAILEY,DUROY,GRUBER,L!HS AND STRAIN. NONE.MOTION CARRIED 5 TO iii. THE NAYS: BUILDING PERMIT EXTENSION -HIGH SCHOOL BP93-~63~.MOVED BY COUNCILMAN STRAIN, SECONDED BY COUNCILMAN DUROY,TO EXTEND BUILDING PERMITS BP93-1i1631i1AND BP93-1i1631 UNTIL -20 - SEPTEMBER 30,1994 TO ALLOW COMPLETION OF THE HIGH SCHOOL ADDITION AND REMODELING AND THE CONSTRUCTION OF THE NEW ELEMENTARY SCHOOL.THE MAYOR ASKED FOR A ROLL CALL VOTE: AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. FY93-94 AUDIT BID CONSIDERATION.CITY STAFF REPORTED CONTACTING THE STATE AUDITORS OFFICE ABOUT THEIR BID FOR PERFORMING THE FY93-94 FINANCIAL AND IN FAIRNESS TO THE OTHER BIDDERS THE STATE WOULD NOT SUBMIT ANOTHER BID NOR LOWER THEIR BID AMOUNT WITHOUT THE CITY REJECTING ALL BIDS RECEIVED AND THEN REQUESTING NEW BIDS OR SIMPLY HIRING THE STATE TO PERFORM THE AUDIT.STAFF REVIEWED THE BIDS RECEIVED LAST MEETING, 1 YEAR 3 YEARS $9,500 $24,900 10,850 30,385 16,000 46,400 MARTENS &COMPANY SCHOENAUER,MUSSER &Co STATE AUDITORS OFFICE MOVED BY COUNCILMAN BAILEY TO AWARD THE STATE AUDITORS OFFICE A CONTRACT TO PERFORM THE FY93-94 FINANCIAL AUDIT AT A COST NOT TO EXCEED $16,000.00.THE MOTION DIED FOR LACK OF A SECOND. MOVED BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY, PERFORM THE FY93-94 FINANCIAL AUDIT TO MARTENS &COMPANY, MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY AND GRUBER. STRAIN.MOTION FAILED 2 TO 3. TO AWARD A 1 YEAR CONTRACT TO CPA,P.C.FOR $9,500.00.THE NAYS:BAILEY,LIHS AND MOVED BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO AWARD A 1 YEAR CONTRACT TO PERFORM THE FY93-94 FINANCIAL AUDIT TO MARTENS &COMPANY,CPA,P.C.FOR $9,500.00.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,GRUBER,LIHS AND STRAIN.NAYS:BAILEY. COUNCILMAN BAILEY FEELS THAT THE CITIZENS HAVE EXPRESSED THEIR DESIRE FOR AN AUDIT BY THE STATE REGARDLESS OF THE ADDITIONAL COST.MOTION CARRIED 4 TO 1. USED CAR SALES IN R-2 ZONE.GARY HOWARD SPOKE TO THE COUNCIL REQUESTING THAT HE BE ALLOWED TO SECURE AN IOWA AUTOMOBILE DEALERS LICENSE TO ENABLE HIM TO HAVE EASIER ACCESS TO AUTOS SOLD AT AUCTION SO THAT THE MAY CONTINUE ENJOYING HIS HOBBY OF CLEANING OF AND DETAILING AUTOS AND THEN DISPOSING OF THEM.CURRENT CITY ORDINANCE WILL NOT ALLOW FOR AN AUTO DEALER WITHIN AN R-2 ZONE AND THE COUNCIL HAS NO DESIRE TO AMEND THE ORDINANCE fO ALLOW SUCH A USE WITHIN AN R-2 DISTRICT. PLANNING &ZONING -DUROY. A.JOHN SMIDT -HUNTER HOLLOW PLAT &BUILDING REQUEST.DUE TO ACTION APPROVED AT THE JUNE 6 COUNCIL MEETING REQUIRING RECOMMENDATIONS FROM THE PLANNING &ZONING COMMISSION BE HELD OVER ONE COUNCIL MEETING BEFORE CONSIDERATION AND DUE TO THE FACT THAT THE PLANNING &LONING COMMISSION ACTED ON THIS PROPOSAL AT THEIR JUNE 28 MEETING,THE EARLIEST THAT THE COUNCIL COULD TAKE ANY ACTION WOULD BE JULY 25. B.PRELIMINAIlY Pl.AT -WINDSOIl WEST.THE PARKS COMMITTEE APPROVES ACCEPTANCE OF CASH IN LIEU OF PARKLAND SET ASIDE.MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCIL GRUBER, TO APPROVE THE PRELIMINARY PLAT OF WINDSOR WEST.THE MAYOR ASKED FOR A ROLL CALL VOTE: AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.110TION CARRIED 5 TO 0. C.CONSTRUCTION Pl.ANS -WINDSOR WEST.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO APPROVE THE CONSTRUCTION PLANS OF WINDSOR WEST.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE. MOTION CARRIED 5 TO 0.ID.WINDFIELD ELECTRIC Pl.AN.THIS ITEM lIAS TABLED UNTIL THE JULY 25 COUNCIL MEETING TO ALLOW JOHN KURSITIS TIME TO REVIEW THE PLAN. -21 - E.WINDFIELD GRADING PLAN.THE DEVELOPERS ARE PROPOSING TO CHANGE THE WATER DETENTION METHOD IN PLAT III.THE COUNCIL ASKED THAT THE DEVELOPER PLANS BE SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND TO REPORT BACK TO THE COUNCIL. COUNCILMAN DUROY MOVED,SECONDED BY COUNCILWOMAN lIHS,TO ACCEPT THE PRINTED MINUTES OF THE JUNE 28 PLANNING &ZONING COMMISSION MEETING.THE MAYOR ASKED FOR A ROLL CALL VOTE, AYEs:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS,NONE.WHEREUPON,THE f1AYOR DECLARED THE RESOLUTION DULY ADOPTED,AS FOLLOWS: RESOLUTION No.399 PROVIDING FOR THE ISSUANCE OF EXCHANGE WARRANTS TO EVIDENCE AMOUNTS PAYABLE FOR THE CONSTRUCTION OF THE 1993 HICKMAN WEST INDUSTRIAL PARK IMPROVEMENTS PROJECT WHEREAS,THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA (THE "CITY"),HAS PREVIOUSLY ISSUED WARRANTS IN THE AGGREGATE PRINCIPAL AMOUNT OF $725,000 (HEREINAFTER REFERRED TO AS THE "WARRANTS"),BEARING INTEREST AT THE RATE OF 3.25% PER ANNUM,WHICH WERE ISSUED FOR THE PURPOSE OF PAYING COSTS IN CONNECTION WITH THE CONSTRUCTION OF THE 1993 HICKMAN WEST INDUSTRIAL PARK IMPROVEMENTS PROJECT (THE "PROJECT");AND WHEREAS,THE WARRANTS ARE SCHEDULED TO MATURE ON AUGUST 1,1994;AND WHEREAS,THE CITY INTENDS TO REFUND THE WARRANTS THROUGH THE ISSUANCE OF BONDS OR NOTES,BUT THE FINANCING PROCEEDS WILL NOT BE AVAILABLE TO THE CITY BY AUGUST 1,1994;AND WHEREAS,THE OWNERS OF THE WARRANTS ARE IN AGREEMENT TO EXTEND THE MATURITY DATE OF THE WARRANTS TO AUGUST 1,1995,ON THE CONDITION THAT THE CITY PAY ACCRUED INTEREST ON THE WARRANTS DUE ON AUGUST 1,1994,AND ISSUE EXCHANGE WARRANTS (THE "EXCHANGE WARRANTS")UNDER THE TERMS SET FORTH BELOW IN EXCHANGE AND REPLACEMENT OF THE WARRANTS; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, IOWA,AS fOllOWS, SECTION 1.IT IS IN THE BEST INTERESTS OF THE CITY TO EXTEND THE MATURITY DATE OF THE WARRANTS TO AUGUST 1,1994,AND INFURTHERANCE THEREOF,THE EXCHANGE WARRANTS ARE HEREBY ORDERED TO BE PREPARED,EXECUTED AND ISSUED IN THE AGGREGATE PRINCIPAL AMOUNT OF $725,000,DATED AUGUST 1,1994,IN THE DENOMINATION OF $5,000 EACH,OR ANY INTEGRAL MULTIPLE THEREOF,BEARING INTEREST AT THE RATE OF 4.50%PER ANNUM,PAYABLE AS PROVIDED IN THE EXCHANGE WARRANTS,UNLESS PREPAID IN ACCORDANCE WITH THEIR TERMS.THE EXCHANGE WARRANTS SHALL BE PAYABLE FROM SUCH FUND OR FUNDS AS ARE LEGALLY AVAILABLE FOR SAID PROJECT,INCLUDING BUT NOT LIMITED TO ,FUND OR PROCEEDS FROM THE SALES OF GENERAL OBLIGATION BONDS OR NOTES;SEWER REVENUE BONDS OR NOTES;WATER REVENUE BONDS OR NOTES;AND/OR THE FUTURE NET REVENUES OF THE MUNICIPAL WATERWORKS AND/OR SANITARY SEWER SYSTEMS OF THE CITY. -22 - SECTION 2.THE CITY RESERVES THE RIGHT TO PREPAY THE EXCHANGE WARRANTS IN WHOLE OR IN PART OF ANY DATE PRIOR TO MATURITY UPON TERMS OF PAR AND ACCRUED INTEREST.THE EXCHANGE WARRANTS MAY BE CALLED IN PART IN ONE OR MORE UNITS OF $5,000.IF LESS THAN THE ENTIRE PRINCIPAL AMOUNT OF ANY EXCHANGE WARRANT IN A DENOMINATION OF MORE THAN $5,000 IS TO BE REDEEMED,THE CITY CLERK WILL ISSUE AND DELIVER TO THE REGIStERED OWNER THEREOF,UPON SURRENDER OF SUCH ORIGINAL EXCHANGE WARRANT,A NEW EXCHANGE WARRANT OR WARRANTS,IN ANY AUTHORIZED DENOMINATION,IN A TOTAL AGGREGATE PRINCIPAL AMOUNT EQUAL TO THE UNREDEEMED BALANCE OF THE ORIGINAL EXCHANGE WARRANT.NOTICE OF SUCH REDEMPTION AS AFORESAID IDENTIFYING THE EXCHANGE WARRANT OR WARRANTS (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 10 DAYS PRIOR TO SUCH REDEMPTION DATE. ALL OF SUCH EXCHANGE WARRANTS 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 3.THE MAYOR AND CITY CLERK ARE HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER THE EXCHANGE WARRANTS IN EXCHANGE AND CANCELLATION OF THE WARRANTS AND TO ENTER INTO WHATEVER OTHER DOCUMENTS ARE REQUIRED BY THE OWNERS OF THE WARRANTS TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION,AND THE CLERK IS HEREBY AUTHORIZED AND DIRECTED TO PAY INTEREST DUE ON THE WARRANTS ON AUGUST 1, 1994. SECTION 4.THE EXCHANGE WARRANTS SHALL BE DELIVERED IN EXCHANGE AND SUBSTITUTION FOR THE WARRANTS AND UPON SUCH EXCHANGE,THE WARRANTS SHALL BE CANCELLED AND DESTROYED. SECTION 5.THE EXCHANGE WARRANTS SHALL BE IN THE FORM SUBSTANTIALLY AS SET J FORTH IN THE FORM ATTACHED TO THIS RESOLUTION AND SHALL BE PAYABLE AS TO PRINCIPAL AND INTEREST IN ACCORDANCE WITH THE TERMS SET FORTH THEREIN. SECTION 6.THE CITY SHALL MAINTAIN AS CONFIDENTIAL THE RECORD OF IDENTITY OF OWNERS OF THE EXCHANGE WARRANTS,AS PROVIDED BY SECTION 22.7 OF THE CODE OF IOWA. SECTION 7.THE CITY CLERK IS HEREBY DESIGNATED AS THE REGISTRAR AND PAYING AGENT WITH RESPECT TO THE EXCHANGE WARRANTS. SECTION 8.IT IS THE INTENTION OF THE CITY THAT INTEREST ON THE EXCHANGE WARRANTS BE AND REMAIN EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES PURSUANT TO THE APPROPRIATE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986,AS AMENDED,AND THE TREASURY REGULATIONS IN EFFECT WITH RESPECT THERETO (ALL OF THE FOREGOING HEREIN REFERRED TO AS THE "INTERNAL REVENUE CODE").IN FURTHERANCE THEREOF THE CITY COVENANTS TO COMPLY WITH THE PROVISIONS OF THE INTERNAL REVENUE CODE AS THEY MAY FROM TIME TO TIME BE IN EFFECT OR AMENDED AND FURTHER COVENANTS TO COMPLY WITH APPLICABLE FUTURE LAWS,REGULATIONS,PUBLISHED RULINGS AND COURT DECISIONS AS MAY BE NECESSARY TO INSURE THAT THE INTEREST ON THE EXCHANGE WARRANTS WILL REMAIN EXCLUDED FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES.ANY AND ALL OF THE OFFICERS OF THE CITY ARE HEREBY AUTHORIZED AND DIRECTED TO TAKE ANY AND ALL ACTIONS AS MAY BE NECESSARY TO COMPLY WITH THE COVENANTS HEREIN CONTAINED. THE CITY HEREBY DESIGNATES THE EXCHANGE WARRANTS AS "QUALIFIED TAX EXEMPT OBLIGATIONS"AS THAT TERM IS USED IN SECTION 265(B)(3)(B)OF THE INTERNAL REVENUE CODE. -23 - SECTION 9.ALL RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH BE AND THE SAME ARE HEREBY REPEALED,TO THE EXTENT OF SUCH CONFLICT. PASSED AND APPROVED JULY 11,1994. CLAIRE L.CHEDESTER,MAYOR ATTEST: BRIAN J.REDSHA\~,CITY CLERK PUBLIC SAFETY REPORT -GRUBER. 4TH AND 5TH STREET ONE-WAY DURING SCHOOL HOURS.COUNCILMAN GRUBER REPORTED ON THE JUNE PUBLIC SAFETY COMMITTEE MEETING DISCUSSION OF CONTROLLING TRAFFIC FLOW AROUND THE MIDDLE AND ELEMENTARY SCHOOLS DURING THE UPCOMING SCHOOL YEAR.REPRESENTATIVES OF SCHOOL ADMINISTRATION,THE SCHOOL BOARD,POLICE DEPARTMENT AND THE STUDENT SAFETY COMMITTEE PARTICIPATED IN THE DISCUSSION.THE RECOMMENDATION FROM THIS GROUP IS TO CONTROL TRAFFIC FLOW BY MAKING 4TH STREET ONE-WAY SOUTHBOUND FROM LOCUST STREET TO NORTHVIEW DRIVE,CHERRY STREET ONE-WAY EASTBOUND FROM 6TH STREET TO 5TH STREET,5TH STREET ONE-WAY NORTHBOUND FROM CHERRY STREET TO ASHWORTH DRIVE,AND LOCUST STREET CLOSED TO ALL TRAFFIC EXCEPT SCHOOL BUSES BETWEEN 4TH AND 5TH STREETS.THESE TRAFFIC RULES WOULD BE IN EFFECT DURING SCHOOL DAYS ONLY AND ONLY BETWEEN THE HOURS OF 7:30AM.AND 4:30PM.THE COMMITTEE ALSO DISCUSSED HAVING A CROSSING GUARD ON 4TH STREET.COUNCILMAN GRUBER STATED THAT DURING THE FIRST WEEK OF SCHOOL ILLEGALLY PARKED AUTOS WOULD BE GIVEN WARNINGS ONLY BUT AFTER THE FIRST WEEK TICKETS WOULD ISSUED.MOVED BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE CHANGE TO BE CONSIDERED AT THE JULY 25TH MEETING AND TO NOTIFY RESIDENTS OF THE SURROUNDING AREA OF THE PROPOSED CHANGE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES: BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.~10TION CARRIED 5 TO 0. THE STREET COMMITTEE WILL BE MEETING ON JULY 16TH TO DISCUSS THE PICKUP AND DROPOFF POINTS THAT THE SCHOOL IS CONSIDERING AROUND TOWN. PETTY CASH FUND ORDINANCE -2ND READING.MOVED BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN DUROY,TO HAVE ORDINANCE No.2183 "AN ORDINANCE TO AMEND CHAPTER 111, FINANCES AND RECORDS OF THE CITY,BY AMENDING SECTION 111.4,PETTY CASH FUND,WAUKEE MUNICIPAL CODE,TO INCREASE THE MAXIMUM AMOUNT OF THE PETTY CASH FUND FROM $100.00 TO $200.00"BE READ BY THE CITY CLERK FOR THE SECOND TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.t40TION CARRIED 5 TO 0. ORDINANCE No.2183 AN ORDINANCE TO AMEND CHAPTER 111,FINANCES AND RECORDS OF THE CITY,BY AMENDING SECTION 111.4,PETTY CASH FUND,WAUKEE MUNICIPAL CODE,TO INCREASE THE MAXIMUM AMOUNT OF THE PETTY CASH FUND FROM $100.00 TO $200.00. SECTION 1.AMENDMENT.SECTION 111.4,WAUKEE MUNICIPAL CODE IS HEREBY AMENDED BY STRIKING THEREFROM "$100.00"AND INSERTING IN LIEU THEREOF "$200.00",SO THAT SECTION 111.4 WILL READ AS FOLLOWS: SECTION 111.4.PETTY CASH FUND.THE CLERK SHALL BE CUSTODIAN OF A PETTY CASH FUND NOT TO EXCEED $200.00 FOR THE PAYMENT OF SMALL CLAIMS FOR MINOR PURCHASES,COLLECT-ON-DELIVERY TRANS- PORTATION CHARGES,AND SMALL FEES CUSTOMARILY -24 - PAID AT THE TIME OF RENDERING A SERVICE FOR WHICH PAYMENTS THE CLERK SHALL OBTAIN SOME FORM OF RECEIPT OR BILL ACKNOWLEDGED AS PAID BY THE VENDOR OR HIS AGENT.AT SUCH TIME AS THE PETTY CASH FUND IS APPROACHING DEPLETION,THE CLERK SHALL DRAW A WARRANT/CHECK FOR REPLENISHMENT IN THE AMOUNT OF THE ACCUMULATED EXPENDITURES AND SAID WARRANT AND SUPPORTING DETAIL SHALL BE SUBMITTED TO THE COUNCIL AS A CLAIM IN THE USUAL MANNER FOR CLAIMS AND CHARGED TO THE PROPER FUNDS AND ACCOUNTS.IT SHALL NOT BE USED FOR SALARY PAYMENTS OR OTHER PERSONAL SERVICES OR PERSONAL EXPENSES. I 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 COUNCIL THIS 11TH DAY OF JULY,1994,AND APPROVED THIS 11TH DAY OF JULY,1994. CLAIRE L.CHEDESTER,MAYOR ATTEST: BRIAN J.REDSHAW,CITY CLERK MOVED BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN DUROY,TO DISPENSE WITH THE RULE REQUIRING CONSIDERATION AT TWO PREVIOUS MEETINGS PRIOR TO THE MEETING OF FINAL ACTION. THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN. NAYS:NONE.MOTION CARRIED 5 TO 0. MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO PUT ORDINANCE #2183 ENTITLED "AN ORDINANCE To AMEND CHAPTER 111,FINANCES AND RECORDS OF THE CITY,By AMENDING SECTION 111.4,PETTY CASH FUND,WAUKEE MUNICIPAL CODE,To INCREASE THE MAXIMUM AMOUNT OF THE PETTY CASH FUND FROM $100.00 TO $200.00"UPON ITS FINAL PASSAGE AND ADOPTION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0.WHEREUPON THE MAYOR DECLARED ORDINANCE #2183 DULY ADOPTED AND PASSED. OFFICIAL BOND ORDINANCE -2ND READING.MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE ORDINANCE NO.2184 "AN ORDINANCE TO AMEND CHAPTER 107, SECTION 107.8,BY AMENDING SECTION 107.8,AMOUNT OF BONDS,WAUKEE MUNICIPAL CODE,TO PROVIDE THAT BONDS OF THE MAYOR,CLERK AND TREASURER SHALL BE $250,000.00;AND PROVIDING I FOR BLANKET BONDS FOR OTHER OFFICERS,AS THE COUNCIL DEEMS NECESSARY"BE READ BY THE CITY CLERK FOR THE SECOND TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY, DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. -25 - ORDINANCE No.2184 AN ORDINANCE TO AMEND CHAPTER 107,SECTION 107.8,BY AMENDING SECTION 107.8,AMOUNT OF BONDS,WAUKEE MUNICIPAL CODE,TO PROVIDE THAT BONDS OF THE MAYOR,CLERK AND TREASURER SHALL BE $250,000.00; AND PROVIDING FOR BLANKET BONDS FOR OTHER OFFICERS,AS THE COUNCIL DEEMS NECESSARY. SECTION 1.AMENDMENT.SECTION 107.8,WAUKEE MUNICIPAL CODE IS HEREBY AMENDED BY STRIKING SAID SECTION AND INSERTING IN LIEU THEREOF THE FOLLOWING: SECTION 107.8 AMOUNT OF BONDS.EACH OFFICER NAMED SHALL BE BONDED IN AN AMOUNT NOT LESS THAN: MAYOR $250,000.00 CLERK $250,000.00 TREASURER $250,000.00 THE COUNCIL SHALL PROVIDE BY RESOLUTION FOR ANY BLANKET SURETY BOND FOR ANY OTHER OFFICER OR EMPLOYEE THAT THE COUNCIL DEEMS NECESSARY.THE CITY SHALL PAY THE PREMIUM ON ALL OFFICIAL BONDS. SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISION 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 COUNCIL THIS 11TH DAY OF JULY,1994,AND APPROVED THIS 11TH DAY OF JULY,199Q. CLAIRE L.CHEDESTER,MAYOR ATTEST: BRIAN J.REDSHAW,CITY CLERK MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO DISPENSE WITH THE RULE REQUIRING CONSIDERATION AT TWO PREVIOUS MEETINGS PRIOR TO THE MEETING OF FINAL ACTION. THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN. NAYS:NONE.MOTION CARRIED 5 TO 0. MOVED BY COUNCILWOMAN LIHS,SECDNDED BY COUNCILMAN BAILEY,TO PUT ORDINANCE No.2184 "AN ORDINANCE To AMEND CHAPTER 107,SECTION 107.8,By AMENDING SECTION 107.8,AMOUNT OF BONDS,WAUKEE MUNICIPAL CODE,To PROVIDE THAT BONDS OF THE MAYOR,CLERK AND TREASURER -26 - SHALL BE $250,000.00;AND PROVIDING FOR BLANKET BONDS FOR OTHER OFFICERS,As THE COUNCIL DEEMS NECESSARY·UPON ITS FINAL PASSAGE AND ADOPTION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO fl. WHEREUPON THE MAYOR DECLARED ORDINANCE 12184 DULY ADOPTED AND PASSED.IFIRECODEORDINANCE-1ST READING.MOVED BY COUNCILMAN DUROY, BAILEY,TO TABLE THIS ITEM UNTIL THE JULY 25 COUNCIL MEETING. ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN. CARRIED 5 TO 0. SECONDED BY COUNCILMAN THE MAYOR ASKED FOR A NAYS:NONE.MOTI ON HICKMAN ROAD TRUNK SEWER EXTENSION.COUNCILMAN DUROY SPOKE TO THE COUNCIL ABOUT THE NEED TO BEGIN CONSIDERING EXTENDING THE HICKMAN ROAD TRUNK SEWER EAST FROM WARRIOR LANE TO THE HICKMAN WEST INDUSTRIAL PARK.MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO AUTHORIZE VEENSTRA &KIMM TO UPDATE THE COST OF INSTALLING THE SEWER LINE AND TO EXPLORE THE DISTRIBUTION OF THE COSTS TO THE BENEFITED AREA.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS,NONE.MOTION CARRIED 5 TO 0. INMAN TOWNHOUSE PROJECT PLAN CHECK FEE.MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO WAIVE ANY PLAN CHECK FEE FOR THE INMAN TOWNHOUSE PROJECT. MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN. NONE.MOTION CARRIED 5 TO 0. THE NAYS: MOVED BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN DUROY,TO HAVE THE CITY ATTORNEY OR THE PLANNING &ZONING COMMISSION REVIEW THE CITY'S CONTRACT WITH THE BUILDING INSPECTORS AND TO RECOMMEND ANY MODIFICATIONS TO THE COUNCIL.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS,NONE.MOTION CARRIED 5 TO 0. DON SPRY PARKING LOT.BILL FORBES WILL MEET WITH DON SPRY,BRIAN,MIKE YONKER AND ELDER &SONS AND MAKE A RECOMMENDATION TO THE COUNCIL. UTILITY COMMITTEE REPORT -LIHS. A.YARD WASTE SEPARATION AGREEMENT.COUNCILWOMAN LIHS REPORTED THAT THE JUNE 11TH COMMITTEE MEETING MINUTES WERE IN THE COUNCIL PACKETS;THAT THE AGREEMENT WITH ORGANIC TECHNOLOGIES CORPORATION WAS DISCUSSED;THAT MICHELLE HILLMAN OF WASTE MANAGEMENT REVIEWED CHARGES TO THE CITY FOR RECYCLING;AND THAT ADEL RECEIVED A GRANT FROM IOWA DNR TO PURCHASE INDIVIDUAL RECYCLING BINDS. THE COMMITTEE RECOMMENDS PAYING SYRVET $98.70 FOR THEIR COST INCURRED BY HAVING CENTRAL IOWA HEATING COMPANY CHECK THEIR GAS METER.THE COMMITTEE FEELS THAT THIS IS THE CITY'S PROBLEM AND THE COMMITTEE WANTS IT MADE KNOWN THAT THEY THOUGHT IT WAS REALLY RIDICULOUS THAT THE CORRESPONDENCE WAS DATED JANUARY AND MARCH AND HERE IT IS JULY TRYING TO FINISH UP SOMETHING WITH THIS COMPANY.(BE IT NOTED THAT ON FEBRUARY 7,1994 THE COUNCIL VOTEDoTO5TOPAYSYRVET,INC.$98.70 FOR THIS SAME ITEM BASED ON INFORMATION THAT THE METER HAD BEEN MISREAD AND THAT SYRVET CONTACTED A HEATING &COOLING FIRM TO CHECK THEIR METER BEFORE THEY NOTIFIED THE CITY.)COUNCILWOMAN LIHS MOVED THAT THE CITY REIMBURSE SYRVET $98.70 FOR THE COST OF CHECKING THEIR GAS METER,SECONDED BY COUNCILMAN DUROY.THE MAYOR ASKED FOR A ROLL CALL VOlE,AYES,DUROY,LIHS AND STRAIN.NAYS,BAILEY AND GRUBER.MOTION CARRIED 3 TO 2. MOVED BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN BAILEY,TO ACCEPT THE JUNE 11TH I UTILITY COMMITTEE MEETING MINUTES ..THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,BAILEY, DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.fioTION CARRIED 5 TO 0. IRRIGATION METERS. IRRIGATION METERS. COUNCILMAN BAILEY ASKED IF THERE WAS A WAITING LIST TO RECEIVE HE WAS INFORMED OF CURRENT PROCEDURES FOR HANDLING METER REQUESTS -27 - AND THAT ON OCCASION THERE COULD BE A DELAY OF UP TO A WEEK.IN THE INSTANCE THAT DON WAS CONTACTED ABOUT HE WAS INFORMED THAT THE CITIZEN CALLED CITY HALL A WEEK AGO FRIDAY AT LI:59PM.ASKING FOR A METER,WAS TOLD THAT WE WOULD GET ONE READY FOR THEM AS SOON AS WE COULD,IT WAS READY THE FOLLOWING MONDAY,SHE WAS CALLED AND INFORMED THAT THE METER WAS AVAILABLE FOR PICKUP,AND THE METER IS STILL IN CITY HALL. PARKS COMMITTEE -STRAIN.COUNCILMAN STRAIN HIGHLIGHTED THE PRINTED MINUTES OF THE JUNE 28TH PARKS COMMITTEE MEETING MINUTES;THE COUNCIL NEEDS TO TAKE ACTION TO RECTIFY THE EASEMENT ON ROGER SCHLAEFER'S PROPERTY;THE PARKS COMMITTEE RECOMMENDS ACCEPTING CASH IN LIEU OF PROPERTY FROM THE WINDSOR WEST DEVELOPMENT;ROGER SCHLAEFER HAS RESIGNED FROM THE PARKS COMMITTEE AND COUNCILMAN STRAIN ASKED THAT NOTICE OF THE VACANCY BE INCLUDED IN THE NEXT CITY NEWSLETTER;VIRGINIA CLARK WAS THANKED FOR ALL HER TIME WORKING WITH THE FLOWERS ON THE TOWN TRIANGLE AND THE CENTENNIAL PARK;AND THE PARKS COMMITTEE WOULD LIKE A REPORT ON THE PARKLAND DEDICATION INVESTMENT ACCOUNT. MOVED BY COUNCILMAN STRAIN,SECONDED COMMITTEE MEETING MINUTES.THE MAYOR GRUBER,LIHS AND STRAIN.NAYS:NONE. BY COUNCILMAN DUROY,TO RECEIVE THE JUNE 28TH PARKS ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY, MOTION CARRIED 5 TO 0. MAYOR'S REPORT.MAYOR CHEDESTER:INFORMED THE COUNCIL OF THE DISTRIBUTION OF COUNCIL PACKETS;REPORTED ON A LETTER RECEIVED FROM MR.EASON CONCERNING THE PAVING OF BOONE DRIVE AND THE INSTALLATION OF A SIDEWALK FROM THE NEW ELEMENTARY SCHOOL TO SOUTHFORK; UNIVERSITY AVENUE SEWERLINE INSTALLATION NEEDS TO BE LOOKED INTO;DEVELOPMENT IMPACT FEES NEED TO BE WORKED ON;ASKED ABOUT STATUS OF GRANT APPLICATION FOR SIREN SYSTEM IMPROVEMENTS;THANKED THE UTILITY COMMITTEE FOR THEIR WORK IN REDUCING THE YARD WASTE PICKUP COSTS;REPORTED THAT JULY 18-22 THERE WILL BE A FREE WASTE TIRE PICKUP;JAY HOSKINSON REPORTED ON PLANS OF THE QUASQUICENTENNIAL CELEBRATION,ACTIVITIES PLANNED, ESTIMATED COSTS TO PUT ON THE CELEBRATION,AND THE USE OF THE PROFITS GENERATED BY THE FESTIVAL.COUNCILMAN DUROY MOVED,SECONDED BY COUNCILWOMAN LIHS,TO INCREASE THIS YEARS CITY DONATION TO THE BUSINESS ASSOCIATION BY $1,000.00 TO MAKE THIS YEARS DONATION A TOTAL OF $1,750.00.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER, LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0;REPORTED THAT THE SPECIAL CENSUS SETS THE POPULATION OF WAUKEE AT 3,411;DALLAS COUNTY IS ATTEMPTING TO ESTABLISH A DOG FUND TO SNIFF OUT DRUGS AND TO TRACK AND LOCATE ESCAPED PRISONERS AND MISSING PERSONS; AND QUESTIONED THE RECIPIENT OF THE BUDGETED ICE CREAM SOCIAL FUNDS AND STATED THAT THIS IS AN AREA THAT NEED TO BE ADDRESSED AT THE NEXT BUDGETING CYCLE. ADMINISTRATOR'S REPORT. A.GOVERNING BODY RULES PROCEDURE.BRIAN EXPLAINED WHAT THE DOCUMENT WAS AND ASKED THAT TIlE COUNCIL REVIEW IT AND SUBMIT ANY SUGGESTED CHANGES FOR CONSIDERATION AT THE NEXT COUNCIL MEETING. B.BOONE DRIVE WATER FEEDER MAIN ALIGNMENT. WITH DES MOINES WATER WORKS ABOUT THE WATER BOONE DRIVE TO SERVICE WAUKEE AND BACK EAST JOHN KURSITIS REPORTED ON HIS CONTACTS FEEDER MAIN FROM THE NEW STORAGE TANK ALONG ALONG UNIVERSITY TO FEED THE METRO AREA. TREASURER'S REPORT. A.CASH BALANCE YEAR END.THE CHECKING ACCOUNTS HAVE NOT YET BEEN BALANCED. B.SINKING FUND/RESERVE FUND MONTHLY ACCRUAL AMOUNT.IN THE BILL LIST WAS THE FIRST MONTHLY INSTALLMENT FOR WATER AND SEWER REVENUE BOND PRINCIPAL AND INTEREST OF $32,867.00.BOB PRESENTED A PAYMENT PLAN TO ELIMINATE THE $104,622 SHORTAGE IN THE REQUIRED PRINCIPAL AND INTEREST RESERVE REQUIREMENTS BY APRIL 1995. -28 - RIGHT-OF-WAY PURCHASE -225 6TH STREET.THE CITY ADMINISTRATOR WAS INSTRUCTED TO WRITE A LETTER TO THE PROPERTY OWNER ADVISING THEM THAT IF THEY WOULD ASSUME ALL COSTS IN RELATION TO THE TRANSFER OF THE PROPERTY THEN THE COUNCIL WOULD GIVE THEIR REQUEST FURTHER CONSIDERATION. MATTERS REGARDING ANNEXATION PENDING BEFORE THE CITY DEVELOPMENT BOARD.UPON RECOMMENDATION OF THE CITY ATTORNEY,MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO ENTER INTO CLOSED SESSION PURSUANT TO IOWA CODE SECTION 21.51cl "To DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE ITS DISCLOSURE WOULD BE LIKELY TO PREJUDICE OR DISADVANTAGE THE POSITION OF THE GOVERNMENTAL BODY IN THAT LITIGATION".THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,L!HS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL ENTERED CLOSED SESSION AT 11:58PM WITH THE MAYOR,CITY COUNCIL,CITY ATTORNEY,CITY ADMINISTRATOR AND CITY TREASURER IN ATTENDANCE. MOTION BY SESSION. STRAIN. 11:56PM. COUNCILMAN GRUBER.SECONDED BY THE MAYOR ASKED FOR A ROLL CALL NAYS:NONE.MOTION CARRIED 5 TO COUNCILMAN DUROY,TO COME OUT OF CLOSED VOTE:AYES:BAILEY,DUROY,GRUBER,L!HS 0.THE COUNCIL LEFT CLOSED SESSION AT AND SOUTH DALLAS COUNTY LANDFILL ASSOCIATION.UPON RECOMMENDATION OF THE CITY ATTORNEY, MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN STRAIN,TO ENTER INTO CLOSED SESSION PURSUANT TO IOWA CODE SECTION 21.51cl "To DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE ITS DISCLOSURE WOULD BE LIKELY TO PREJUDICE OR DISADVANTAGE THE POSITION OF THE GOVERNMENTAL BODY IN THAT LITIGATION".THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,L!HS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL ENTERED CLOSED SESSION AT 11:59PM WITH THE MAYOR,CITY COUNCIL,CITY ATTORNEY,CITY ADMINISTRATOR AND CITY TREASURER IN ATTENDANCE. MOTI ON BY SESSION. STRAIN. 12:12AM. COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO COME OUT OF CLOSED THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES.BAILEY,DUROY,GRUBER,LIHS NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL LEFT CLOSED SESSION AT AND MOTION BY COUNCILMAN GRUBER,SECONDED BY WITH THE CITY'S DEFENSE IN THIS MATTER. BAILEY,DUROY,GRUBER,LIHS AND STRAIN. COUNCILWOMAN LIHS,TO AUTHORIZE PAUL TO PROCEED THE MAYOR ASKED FOR A ROLL CALL VOTE:AYE: NAYS:NONE.f10TION CARRIED 5 TO 0. McHoSE LETTER.UPON RECOMMENDATION OF THE CITY ATTORNEY,MOTION BY COUNCILMAN STRAIN, SECONDED BY COUNCILMAN GRUBER,TO ENTER INTO CLOSED SESSION PURSUANT TO IOWA CODE SECTION 21.51cl "To DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE ITS DISCLOSURE WOULD BE LIKELY TO PREJUDICE OR DISADVANTAGE THE POSITION OF THE GOVERNMENTAL BODY IN THAT LITIGATION". THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY.GRUBER,LIHS AND STRAIN. NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL ENTERED CLOSED SESSION AT 12:16AM WITH THE MAYOR,CITY COUNCIL,CITY ATTORNEY,CITY ADMINISTRATOR AND CITY TREASURER IN ATTENDANCE. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO COME OUT OF CLOSED SESSION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL LEFT CLOSED SESSION AT 12:24AM.I -29 - PERSONNEL COMMITTEE -LIHS.MOVED BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN GRUBER,TO AUTHORIZE THE POLICE CHIEF TO HIRE PART-TIME POLICE HELP AS THE NEED ARISES. THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN. NAYS:NONE.MOTION CARRIED 5 TO 0. DISCUSSION WAS HELD ABOUT HIRING SOMEONE TO TAKE AND TRANSCRIBE COUNCIL MINUTES. INCENTIVE PAY PACKAGE.THERE IS APPARENTLY SOME CONFUSION AND MANY QUESTIONS ABOUT THE INCENTIVE PAY PACKAGE AND THE PERSONNEL COMMITTEE WILL BE GETTING A LETTER OUT EXPLAINING HOW THE PACKAGE IS GOING TO OPERATE. EMPLOYEE WATER POLICE.AN EMPLOYEE THAT DOES NOT CURRENTLY RESIDE WITHIN THE CITY LIMITS ASKED IF THE EMPLOYEE WATER BENEFIT COULD APPLY TO A FAMILY BUSINESS THAT WAS WITHIN THE CITY.THE COUNCIL EXPRESSED THE OPINION THAT THE WATER BENEFIT APPLIES ONLY TO THE EMPLOYEE'S RESIDENCE AND IS NOT TRANSFERABLE.THE COUNCIL ALSO EXPRESSED THE FEELING THAT THEY ARE TIRED OF EMPLOYEE COMPLAINTS ABOUT THE WATER POLICY AND THAT IF COMPLAINTS PERSIST THEN THE WATER BENEFIT COULD BE ELIMINATED ENTIRELY.PEER PRESSURE ON THOSE COMPLAINING SHOULD BE APPLIED TO RELIEVE THE COUNCIL OF THIS NAGGING PROBLEM. MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCIL GRUBER,TO ENTER INTO CLOSED SESSION PURSUANT TO IOWA CODE SECTION 21.51cl "To DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE ITS DISCLOSURE WOULD BE LIKELY TO PREJUDICE OR DISADVANTAGE THE POSITION OF THE GOVERNMENTAL BODY IN THAT LITIGATION".THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL ENTERED CLOSED SESSION AT 1:14AM WITH THE MAYOR,CITY COUNCIL AND CITY ADMINISTRATOR IN ATTENDANCE. MOVED BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO COME OUT OF CLOSED SESSION. THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:BAILEY,DUROY,GRUBER,LIHS AND STRAIN. NAYS:NONE.MOTION CARRIED 5 TO 0.THE COUNCIL LEFT CLOSED SESSION AT 1:36AM. BABICH,MCCONNELL &RENZO,P.C.MOVED BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO PROCURE THE SERVICES OF BABICH,MCCONNELL &RENZO,P.C.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO PAY THE CLAIM SUBMITTED BY BABICH,MCCONNELL &RENZE,P.C.IN THE AMOUNT OF $312.50.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:NONE.NAYS:BAILEY,DUROY,GRUBER,LIHS AND STRAIN.MOTION FAILED 0 TO 5. ADJOURNMENT.MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO ADJOURN. ON A VOICE VOTE THE MOTION CARRIED 5 TO 0.MEETING ADJOURNED AT 1:40AM. ~~~ CLAIRE L.CHEDESTER,MAYOR ATTEST: B CLERK