HomeMy WebLinkAbout1996-02-05-Regular MinutesThe February 5,1996 Waukee City Council meeting was called to order at 7:00pm by Mayor
Donald L.Bailey,Jr.,with Toni Lestina taking minutes.]
Roll Call.A roll call vote was taken and the following Council members were present:Nick
Gruber,Robyn S.Heath,Monica Lihs,Dan Lugar and Terry Strain.
Open Forum.Mayor Bailey thanked the school district,Waukee Rescue and city staff for their
efforts during the snow storm of January 26th.
Agenda Additions -Agenda Approval.Motion by Councilman Strain,seconded by
Councilman Gruber,to approve the agenda.The Mayor asked for a roll call vote:Ayes:Strain,
Gruber,Lugar,Lihs and Heath.Nays:None.Motion carried 5 to O.
Consent Agenda -A)1/22/96 Council Minutes;B)Salary &Bill Presentation;and C)Set a
date for rezoning oflots 1 -7 Sunrise Meadows,for February 26,1996.
Salary list for January 31,1996
Robert P.Barrell
Gregory A.Breuer
James E.De Will,Jr.
David S.DeZeeuw
Robert G.Evans
Elizabeth A.Ford
Patricia J.Gerlovich
Lisa M.Gukeisen-Thielen
Robert D.Herrick
Kenneth E.Hopper
Robin R.Horkey
Toni L.Lestina
Linda M.Mack
Terence P.McNamara
Larry J.Phillips
Timothy L.Royer
Nathan G.Ruble
Kurt A.Rueckel
Joy E.Tofteland
Dianna L.Van Zee
John C.Wesselmann
Danny L.White
Brenton Bank
Telco Community Credit Union
OM Metro Credit Union
$520.61
$956.05
$1,055.49
$1,195.53
$738.58
$604.38
$44.32
$243.04
$1,031.79
$1,013.37
$708.30
$593.03
$608.86
$950.60
$1,020.93
$1,303.20
$161.02
$1,155.68
$547.17
$562.86
$731.16
$794.18
$6,367.46
$460.00
$230.61
]
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Unipac Service Corporation
Clerk of District Court
Treasurer -State of IA
IPERS
IPERS
Total
Sill lis!for January 31,1996
AT&T
Aramark Uniform Services
Bankers Trust Company
Banknote Printing,Inc.
Blue Cross/Blue shield
Carpenter Uniform Co
Copy Center
Copy Systems,Inc.
OM Register
Electronic Engineering Co
Emergency Medical Prod
Erdman,Alan
G Neil Companies
Gall's Inc.
Grimes Family Care Center
Gruber,Mark L.
Hartman,Ron &Jane
Huscher,Paul E.
IA Fire Chiefs Association
MidAmerican Energy
IAOne Call
IA State Printing Div
Jim Coons Trucking
Law Enforcement Equipment
Law Enforcement Systems
Momar
Payless Cashways,Inc
PCNet Services,Inc.
Philiy's Finest
Polk County Fire Chiefs
Quill Corporation
$115,00
$124.09
$2,208.83
$2,894.96
$2,172.41
$31,113.51
Long distance service
Entrance mat cleaning
Monthly P &I deposit
Envelopes
Monthly premium
Jumpsuit
Film processing
Monthly copier maintenance
OM Register (52 weeks)
Batteries
Thermoscan Pro-1
Straw bales for ice rink
Labor law posters
Speaker and grille
EMT physical exam
1/96 building permits
1/96 city hall cleaning
2/96 retainer
IA Fire Chiefs Assoc.
Monthly service
12/95 One call service
95 Code of IA supplement
100.17 ton sand
Accident report kit
Evidence zip lock bags
4g1 Wash N Shine
Lumber
Cable and Labor
Pizza for gas leak crews
Polk County Fire Chiefs
Office supplies
$17.21
$44.05
$35,285.00
$218.80
$9,817.73
$97.95
$3.30
$22.26
$91.00
$94.00
$308.00
$300.00
$211.56
$219.93
$161.00
$322.50
$400.00
$500.00
$25.00
$5,578.54
$36.40
$73.50
$220.37
$21.95
$51.90
$57.74
$2.00
$74.00
$77.20
$15.00
$187.83
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Radio Shack
Redden-Millers,Inc.
The Building Inspectors
US West Cellular
US West Communications
Veenstra &Kimm,Inc
VISA
Waukee Mini Storage
Waukee Municipal Gas
Total
1.2gb Eide HD kit
Monthly copier maintenance
1/96 building permits
Monthly cellular service
Monthly service
Monthly service
Office supplies
2/96 rental
Gas usage
$279.99
$61.58
$1,133.00
$64.25
$91.14
$6,466.82
$92.34
$45.00
$1,975.93
$64,745.77
Downing Development,LTD is requesting the rezoning of lot I -7 in Sunrise Meadows from R-2 (one
and two family)to R-4 (Row dwelling and condominium)to allow for the construction of town homes.
Lots I -7 are the southern most lots bordering the water way.A public hearing will be held on February
26,1996.
Motion by Councilman Gruber,seconded by Councilman Strain,to approve the consent agenda.The
Mayor asked for a roll call vote:Ayes:Gruber,Strain,Heath,Lihs and Lugar.Nays:None.Motion
carried 5 to O.
Refunding of 1992 Series Sewer Revenne Notes.Motion by Councilman Gruber,seconded by
Councilwoman Heath,to set the date for the public hearing by passing Resolution No.96-7.The Mayor
asked for a roll call vote:Ayes:Gruber,Heath,Strain,Lugar and Lihs.Nays:None.Motion carried 5 to
O.
RESOLUTION NO.96-7
To fix a date for a public hearing on a loan agreement in a principal amount not to exceed
$510,000
WHEREAS,the City of Waukee,in the County of Dallas,State ofIowa (hereinafter referred to
as the "City"),did heretofore establish a Municipal Sanitary Sewer System (the "Utility")in and
for the City which has continuously supplied sanitary sewer service in and to the City and its
inhabitants since its establishment;and
WHEREAS,the management and control ofthe Utility are vested in the council and no board of
trustees exists for this purpose;and
WHEREAS,the City heretofore issued $400,000 Sewer Revenue Notes,dated June I,1989,of
which $305,000 currently remain outstanding;and
WHEREAS,the City heretofore issued $700,000 Sewer Revenue Notes,dated June 1,1992,of
which $640,000 currently remain outstanding (the "Series 1992 Notes");and I3
WHEREAS,the City proposes to enter into a loan agreement (the "Loan Agreement")in a
principal amonnt not to exceed $510,000 pursuant to the provisions of Section 384.24A of the
Code oflowa for the purpose of paying the cost refunding $475,000 of the Series 1992 Notes
which are subject to prepayment on June 1,2001,and it is necessary to fix a date of meeting of
the Council at which it is proposed to take action to enter into the Loan Agreement and to give
notice thereof as required by such law;
NOW,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa,as
follows:
Section I.This Council shall meet on the 26th day of February 1996,at City Hall,in the City,
at 7:00 o'clock p.m.,at which time and place a hearing will be held and proceedings will be
instituted and action taken to enter into the Loan Agreement.
Section 2.The City Clerk is hereby directed to give notice ofthe proposed action on the Loan
Agreement setting forth the amount and purpose thereof,the time when and place where the said
meeting will be held,by publication at least once,and not less than four nor more than twenty
days before the meeting,in a legal newspaper which has a general circulation in the City.The
notice shall be in substantially the following form:
NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO
ENTER INTO A LOAN AGREEMENT AND BORROW MONEY IN A
PRINCIPAL AMOUNT NOT TO EXCEED $510,000
(REVENUE)
The City Council ofthe city of Waukee,Iowa,will meet on the 26th day of February,1996,at
City Hall,in the City,at 7:00 o'clock p.m.,for the purpose of instituting proceedings and taking action to
enter into a loan agreement (the "Loan Agreement")and borrow money in a principal amonnt not to
exceed $510,000 for the purpose of paying the cost of refunding $475,000 of the City's outstanding
Sewer Revenue Notes,dated June I,1992.
The Loan Agreement will not constitute a general obligation ofthe city,nor will it be payable in
any manner by taxation,but will rank on a parity with the city's presently outstanding $305,000 Sewer
Revenue Notes,dated June 1,1989,and the $165,000 unrefunded portion of the Series 1992 Notes;and
the Loan Agreement,together with any additional obligations of the city as may be hereafter issued and
outstanding from time to time ranking on a parity therewith,will be payable solely and only from the Net
Revenues of the Municipal Sanitary Sewer System of the City.
The Loan Agreement is proposed to be entered into pursuant to authority contained in Section
384.24A of the Code ofIowa.
At the aforementioned time and place,oral or written objections may be filed or made to the
proposal to enter into the Loan Agreement.After receiving objections,the Council may determine to
enter into the Loan Agreement,in which case,the decision will be final unless appealed to the District
Court within fifteen (15)days thereafter.
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By order of the City Council of the City of Waukee,Iowa.
Kurt Rueckel
City Clerk I
Section 3.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
Passed and approved February 5,1996.
REAP Grant -Shared Use Agreement.On February 2nd Kurt Rueckel met with Dr.Stalker and
Kathleen Moench of the DNR about the schools proposed Shared Use Agreement.The DNR suggested
several changes.This Agreement still has the City being responsible for the development of the project
in some form,There is also language in the agreement which states that the school is responsible for the
construction and maintenance of the project.
Mayor Bailey questioned how much it would cost the city to insurance for this park.
The Council members would like to review the long range plans of this project.
Motion by Councilwoman Lihs,seconded by Councilman Lugar,to have Paul Huscher,City Attorney,
and the attorney representing the school to fine tune this agreement and have Mayor Bailey attend the
February 13th School Board Meeting.The Mayor asked for a roll call vote:Ayes:Lihs,Lugar,Gruber,
Strain and Heath.Nays:None.Motion carried 5 to O.
Developers Agreement -Enterprise Urban Renewal Area.Robert Josten suggested wording silimar
to the following agreement as a method of payment to payoff the debt incurred in the Enterprise
Business Park TIF.The advantage of this method is that the City does not have to issue Bonds that will
count against the city's debt capacity.
DEVELOPMENT AGREEMENT
The AGREEMENT is entered in to between the City of Waukee,Iowa (the "City")and Downing
Development,LTD (the "Developer")this __day of .1996.
WHEREAS,the City has established the Enterprise Business Park Urban Renewal Area,(the "Urban
Renewal Area")and has made provisions for incurring debt payable from incremental property taxes,
and
WHEREAS,the Developer is the owner of certain property,more particularly described on Exhibit A
hereto,which is located within the Urban Renewal Area (the "Property"),and
WHEREAS,the Developer will develop,sell,and construct,or cause to be constructed,various buildings
on seven (7)lots in this development,and
5 IWHEREAS,the Developer has requested that the City establish a method for rebating to the Developer
certain property taxes which will be paid by the owners of the lots in the Urban Renewal Area.
NOW,TIIEREFORE,in consideration of the mutual obligations contained in this Agreement,the parties
hereto agree as follows:
I.The developer agrees to complete construction of at least one $300,000 building on lot 7,by
November 15,1995;and construct or cause to be constructed buildings on the other six (6)lots
as soon as practical.
2.In recognition of the developer's willingness and promise to develop,sell,and to construct or
cause to be constructed buildings on all seven (7)of the lots in the Urban Renewal Area,the City
agrees to make an Economic Development Grant to the Developer in each fiscal year during the
term of this Agreement,pursuant to chapter 15A of the Code of Iowa,in an amount which
represents the total incremental property taxes paid by the owners of the lots in that fiscal year,
minus the amount of debt service taxes levied by the taxing jurisdictions.The grant payments
will be made for up to twenty (20)full tax years beginning with the taxes payable in the fiscal
year which begins Julyl,1997,or until the Developer has received total grant payments in the
amount not to exceed $852,000 but to be equal to the amount of actual expenditures as outlined
in the Urban Renewal Plan,plus 7.75%annual interest,whichever occurs first.The grants shall
not constitute a general obligation of the City.Grant payments to the Developer will be made
within thirty (30)days after receipt,by the City,of incremental property tax allocations from the
Dallas County Treasurer.
The Grant payments are subject to the following conditions:
A.Timely payments of property taxes by the Owners of the lots in the Urban Renewal Area
when due,and receipt of certification by the Dallas county Treasurer of receipt of the
full payments.
B.Submission of documentation satisfactory to the City that costs related to the project
have been paid in the amount not to exceed $852,000.
3.This Agreement may not be amended or assigned by either party without expressed written
permission of the other party.However,the city hereby gives its permission that the Developer's
rights to receive the Economic Development Grants hereunder may be assigned by the
Developer to a private lender without further action on the part of the city.The city agrees
further,not to unreasonably withhold its permission upon receipt of a request from the Developer
for assignments of all or any portion of its rights and obligations hereunder to another party and
to either approve or deny such request within sixty days after receipt of such request by the City
Administrator ofthe City.
4.This Agreement shall insure to the benefit of and be bindings upon the successors and assigns of
the parties.
5.This Agreement shall be deemed to be a contract made under the laws of the State ofIowa and
for all purposes shall be governed by and constructed in accordances with the laws of the State of
Iowa.
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6.This Agreement shall supersede any and all other Developer's Agreements associated with the
Enterprise Business Park Urban Renewal Area.ITheCityhascausedthisAgreementtobesigned,and the City's seal to be affixed in its name on its
behalf by its duly authorized officers,and the Developer has signed this Agreement,all as of the day and
date written above.
Motion by Councihnan Gruber,seconded by Councihnan Lugar,to have Kurt Rueckel check with Mr.
Josten to work out all the details and present to the Council at the 2/26/96 meeting.The Mayor asked for
a roll call vote:Ayes:Gruber,Lugar,Lihs,Heath and Strain.Nays:None.Motion carried 5 to O.
Waiving of Permit Fee -Resetting of Mobile Homes.Kurt Rueckel has received one request asking the
City to waive the permit fee for resetting of a mobile home.Some of the mobile home owners never
initially had to pay a permit fee to have their home set,because no permit was initially required.The
fees run around $135 for the permit.
Motion by Councilman Lugar,to charge permit fee only if the owners did not pay a permit fee originally,
and if previously paid a permit fee waive the City's portion only.The motion died for lack of a second.
The Council directed Kurt Rueckel to speak with the Building Inspectors about waiving their fees for the
mobile home owners that previously paid for a permit.
Kurt Rueckel has sent certified letters to 15 mobile home owners regarding the resetting or final
inspection of their mobile home.Currently,Kurt has received receipts that 9 of the 15 letters have been
received by the home owners.]
Windfield and Westfield Streets.John Wessel mann presented letters from Merchants Bonding
Company and Nuckolls Concrete Services,Inc.Regarding the problems with the streets in Windfield and
Westfield.
Motion by Councilman Lugar,seconded by Councilwoman Lihs to accept the report regarding the street
problems in Windfield and Westfield.The Mayor asked for a roll vote:Ayes:Lugar,Lihs,Heath,Strain
and Gruber.Nays:None.Motion carried 5 to O.
Preliminary Review of Proposed FY1996-97 Operating Budget.Kurt Rueckel presented the second
draft of the FY1996-97 Operating Budget to the Council.The Bndge Committee has met two times and
has made several suggestions.The tax rate in this proposal is the same as the current rate.Because of
the roll back the tax payers can expect to pay less City taxes.
Councilwoman Lihs would like to see the Library work towards the 6.77%budget increase instead of
II %in their latest proposal.
Motion by Councilwoman Lihs,seconded by Councilman Lugar,with recommendation from the Budget
Committee to ask the Library to work toward 6.77%increase.The Mayor asked for a roll call vote:
Ayes:Lihs,Lugar,Gruber,Heath and Strain.Nays:None.Motion carried 5 to O.
7 IMotionbyCouncilwomanLihs,seconded by Councilman Lugar,to set a date for a Special Council
meeting on February 15,1996 at 7:00pm to review the FYI 996-97 Operating Budget.The Mayor asked
for a roll call vote:Ayes:Lihs,Lugar,Heath,Gruber and Strain.Nays:None.Motion carried 5 to O.
Mayor's Report.Mayor Bailey reported he has talked with the Mayor of Altoona regarding the
possibility of Waukee and Altoona sharing a building inspector.
Mayor Bailey declared the week of February 12th tluough February 18th as Random Acts of Kindness
Week.
Attorney's Report.Paul reminded the Council about the 8th grade fund raiser Valentine's Dance on
February 17th.
Library Report.Councilman Strain presented a written report to the Council.
Parks Committee Report.Councilwoman Lihs presented a written report to the Council.
Planning &Zoning Commission.Councilwoman Heath presented a written report to the Council.
Motion by Councilwoman Lihs,seconded by Councilman Lugar,to accept the Committee reports,
Mayor's report and Attorney's report.The Mayor asked for a roll call vote:Ayes:Lihs,Lugar,Heath,
Strain and Gruber.Nays:None.Motion carried 5 to O.
Administrator's Report.Kurt Rueckel updated the Council regarding the Keller Property;stated the
preliminary estimate for the cost of the snow storm was $15,000;and the update the Council on the Post
Office relocation.
Annexation -Closed Session.Nothing to report.
South Dallas County Landfill -Closed Session.Motion by Councilwoman Lihs,seconded by
Councilman Gruber,to enter into closed session pursuant to the Iowa Code Section 21.15 (C)"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:Lihs,Gruber,Strain,Heath and Lugar.
Nays:None.Motion carried 5 to O.
The Council entered closed session at 9:l8p.m.
The Council came out of closed session at 9:35pm.
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The Council chose to move the budget meeting on the February 15th to 7:30pm.
)Motion to adjourn at 9:37pm by Councilman Lugar,seconded by Councilwoman Lihs.Upon voice vote
the motion passed 5 to O.
Attested:
Kurt A.Rueckel,City Clerk
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