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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 ] I1 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 2 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. 4 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. 6 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. 8 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 1 I9