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Home My WebLink About2001-02-05-Regular MinutesThe February 5,2001 Waukee City Council Regular Meeting was called to order at 7:00PM at City Hall by Mayor Donald L.Bailey,Jr. 1RollwastakenandthefollowingCityCouncilmemberswerepresent:Nick Gruber, Marvin Berger,Wayne Johnson,Mike Watts and Bill Peard. Mayor Bailey announced an open forum and indicated that this forum was intended for citizens to address the City Council for items not on the agenda.There were no comments. A motion was made by Gruber,with a second by Johnson to approve the Agenda as presented,except that item 10 should be moved,and become item 7a ..Ayes:Gruber, Johnson,Peard,Watts and Berger. The Consent Agenda addressed the following items: A.Approve Payroll &Bill List -Mark indicated that the payroll that was placed on the desks of the elected officials was the correct list;the list in the packet is not correct. B.Approve 1.22.01 City Council Minutes Motion by Gruber,second by Peard to approve the consent agenda.Ayes:Gruber,Peard, Watts,Berger and Johnson.Motion carried 5-0. W~~=1 J NO DEBT ENTERED ICMA ICMA $317.54 ICMA $317.54 IPERS IPERS $2,773.66 IPERS $2,920.48 IPERS $236.25 IPERS·POLICE PDIPERS $2,568.97 PDIPERS $2,457.88 TREASURER,STATE OF IOWA STATEW/H $2,160.26 STATEW/H $2,330.65 STATE W/H $119.81 POLICE OPERATIONS ARAMARK UNIFORM SERVICES MAT GRIPPER/MAT SCRAPER $43.02 FASTPRO INTERNATIONAL IN PLASTIC BAN/ANTISEPTIC S $24.00 GALL'S INC REMOTE-SPEAKER/HOLSTER $130.96 IA DEPT OF PUBLIC SAFETY QUARTERLY IOWA SYSTEM US $855.00 INTOXIMETERS INC FUEL CELL RE /MECH DIAP $256.25 METLIFE SMALL BUSINESS C FEB 01 LIFE INSURANCE $139.26 1 MIGHTY TIDY CLEANING JAN '01 PD CLEANING $450.00 NIMCOINC TRAINING MATERIAL $59.95 QUALITY FORD OF WDM EXPLORER/SERVICE $881.76 1 MANIFOLD/GASKET $197.50 CROWN VIC/SERVICE $157.95 98 FORD CROWN VIC/SERVICE $320.30 SPRINT PCS SRO $52.72 TREADWAY GRAPHICS BIKE BOTILE $278.25 UNIVERSITY PHOTO FILM/DEVELOPING $2.50 FILM/DEVELOPING $23.10 VERIZON WIRELESS MONTHLY STATEMENT $82.19 FIRE PROTECTION GENTOSI,MIKE WINTER FIRE SCHOOL $100.00 GROSS,LEONARD WINTER FIRE SCHOOL $100.00 HOWELL,MATI WINTER FIRE SCHOOL $100.00 IA STATE UNIVERSITY WINTER FIRE SCHOOL $90.00 MCLEOD USA MONTHLY STATEMENT $179.00 METLIFE SMALL BUSINESS C MFEB '01 LIFE INSURANCE $14.72 PUTNEY,STEVE WINTER FIRE SCHOOL $100.00 ROBINSON,CLINT WINTER FIRE SCHOOL $100.00 SPENCER,JEFF WINTER FIRE SCHOOL $100.00 VAN PELT,ROB WINTER FIRE SCHOOL $100.00 WILLIAMS,MIKE WINTER FIRE SCHOOL $100.00 TRAFFIC SIGNAL LIGHTS IA SIGNAL &ELECTRIC CO REPLACE TRAFFIC BULB $56.00 BUILDING INSPECTION METLIFE SMALL BUSINESS CO FEB .01 LIFE INSURANCE $26.72 LIBRARY SERVICE COMMERCIAL FEDERAL BANK MONTHLY STATEMENT $3.66 MA TIEL.COM CREDIT -$19.95 MCLEOAD USA MONTHLY STATEMENT $129.85 METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $14.72 PARKS METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $7.36 PUBLIC WORKS ARAMARK UNIFORM SERVICE MAT SERVICE $32.70 MAT SERVICE $32.70 MAT SERVICE $32.70 MAT SERVICE $32.70 FASTPRO INTERNATIONAL IN FIRST AID $40.35 MCLEOD USA MONTHLY STATEMENT $39.00 MENARDS ICE MELT $32.88 METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $7.36 WATER UTILITY BROWN SUPPLY CO INC HYDRAND MAKERS $875.00 MAJONA CORPORATION STEEL RACK $445.00 2 MCLEOD USA MONTHLY STATEMENT $39.00 ]MENARDS BOARDS &SCREWS $152.58 METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $7.36 MUNICIPAL SUPPLY HYDRANT REPAIR KIT $208.80 NORTHERN TOOL &EQUIPMENT GENERATOR $1,069.98 RED WING SHOE STORE STEEL TOE BOOTS $137.70 STAR EQUIPMENT LtD TRASH PUMP $1,098.18 SUCTION HOSE/DISCHARGE H $260.90 US FILTERIWATERPRO REPAIR TOUGHGUN $96.71 W W GRAINER INC TRUCK TOOL BOX $369.00 SANITARY SEWERS &TREATMENT FACI AMERICAN FENCE CO OF IOWA CHAINLINK FENCE W/BARBWI $5,760.00 MCLEOD USA MONTHLY STATEMENT $264.90 METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $7.36 PARKSON CORPORATION LIMIT SWITCH $96.00 GAS UTILITY ELECTRONIC ENGINEERING C CR MEMO -$4.50 PAGERS $90.00 FEDERAL EXPRESS CORP DRUG TEST KITS $30.42 FISHER CONTROLS INTL INC RELIEF VALVE $314.50 GROEBNER &ASSOCIATES IN LYCOFIT COUPLINGS &WIRE $462.34 METER BEND -$222.50 }PMn 2''Ix1/2''c.090 240 -$925.00 METER BARS $5,130.00 HAWYKEY TRUCK EQUIPMENT SNOW PLOW &BODY $21,630.00 JAMES W BELL CO INC JACK $149.99 MCLEOD USA MONTHLY STATEMENT $78.00 METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $20.72 PLUMB SUPPLY COMPANY CUnlNGOIL $32.58 QWEST JAN.STATEMENTI EAST TB $38.95 VERMEER SALES &SERVICE TOOL CABLE ASSEMBLY $57.88 STREET DEPARTMENT BROWN SUPPLY CO INC 12 VOLT BULBS $5.64 CENTRAL TRAILER SERVICE TRUCK WASH $9.84 DAN RAin INC ICE CONTROL SAND $190.75 GRAINGER ELECTRIC TAPE $28.92 HALLEn MATERIALS ICE CONTROL SAND $281.11 HAWKEYE TRUCK EQUIPMENT DUMP BODY VIBRATOR $1,000.00 RETURN SPRING $19.78 JERICO SERVICES INC LIQUID CALCIUM CHLORIDE $1,210.00 JOHN DAY COMPANY SUPPLIES $8.64 KAR PRODUCTS BOLTS,BULBS,WASHERS $256.30 METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $14.72 O'HALLORAN INTERNATIONAL BLOWER SWITCH $12.41 )WIPER ASSY $60.15 PRAXAIR NOV '00 SUPPLIES $28.91 SUPPLIES -$86.94 3 DEC '00 SUPPLIES $29.70 ROAD MACHINERY &SUPPLIES GUTIER BROOMS $231.42 SUPERIOR SIGNALS INC WHELEN -2 OUTLET $97.60 SWANEY EQUIPMENT COMPANY CABLE $136.46 ADMINISTRATION ARAMARK AIRFRSH/MAT SCRAPER/MAT $39.64 AIRFRSH/MAT GRIPPER/MAT $41.37 MAT SCRAPER/GRIPPER/AIRF $46.31 ARENTSEN,MARK FEB '01 AUTO ALLOWANCE $250.00 CAPITAL SANITARY SUPPLY TRASH BAGS $101.35 PAPER TOWELS $76.24 INTERNATIONAL INSTITUTE 2001 MEMBERSHIP DUES $100.00 MCLEOD USA MONTHLY STATEMENT $361.32 METLIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $49.08 ECONOMIC DEVELOPMENT GUNDERSON,JODY FEB '01 TRAVEL ALLOWANCE $250.00 MET LIFE SMALL BUSINESS C FEB '01 LIFE INSURANCE $7.36 SMITH,JOSHUA FEB '01 AUTO ALLOWANCE $250.00 CITY ATTORNEY HUSCHER,PAUL E FEB '01 AUTO ALLOWANCE $1,000.00 GRAND TOTAL $65,614.37 PAYROLL 1/31/01 ARENTSEN,MARK J $1,813.76 BOSWELL,KRISTIN A $186.71 BREUER,GREGORY A $1,336.76 BREUCKEN,ALYSSA $9.51 BURKHART,LINDA S $1,318.04 CROSS,MATIHEW A $189.34 DAGGETI,WILLIAM J $976.38 DAVISSON,DELORES J $107.24 DEZEEUW,DAVID S $1,395.76 DIANNA VAN ZEE $50.00 DODGE,JUSTIN D $926.76 DOWELL,DENNIS $1,320.50 EFT[S FEDERAL $6,616.98 FICA $6,405.80 MEDICARE $1,498.14 FEDERAL $400.58 FICA $310.00 MEDICARE $72.50 FORD,ELIZABETH A $892.43 GENTOSI,MICHAEL P $867.32 GIBSON,JOHN R $1,442.90 GUNDERSON,JODY $1,602.78 $1,695.86 4 HEIMANN,RON L HERRICK,ROBERT D HORKEY,ROBIN R KELLER,CHRISTOPHER M LELAND PERKINS LIFE INS PREM MACK,LINDA M MAPES,TROY M MARCHANT,JOEY L MORGAN,ALBERTA MURPHY-PETERSEN,DEVON OLSON,SCOD A PERKINS,LELAND E PHILLIPS,LARRY J POPP,SHAWN D RICHARDSON,ELIZABETH A ROBINSON,KIMBERLY A ROYER,TIMOTHY SCHEDLER,RODNEY A SCHROEDER,MELANIE L SMITH,JOSHUA A SPENCER,JEFFREY A TIMOTHY ROYER VAN ZEE,DIANNA L WHITE,DANNY L WINTER,TROY S LIFE INS PREM GRAND TOTAL BILLS PAID PRIOR TO 2/1/01 POLICE OPERATIONS BRENTON BANK -P.C.POLICE PEDY CASH BUILDING INSPECTIONS MBNA AMERICA BUSINESS CA JAN '01 STATEMENT-GUNDERS PUBLIC WORKS MBNA AMERICA BUSINESS CA JAN '01 STATEMENT -GIBSON MAYOR AND COUNCIL MBNA AMERICA BUSINESS CA JAN '01 STATEMENT-GUND ADMINISTRATION MBNA AMERICA BUSINESS CA JAN '01 STATEMENT-ARENTSE ECONOMIC DEVELOPMENT 5 $719.13 $1,318.05 $1,101.79 $896.95 $400.00 $300.00 $55.34 $948.95 $926.46 $974.17 $460.58 $832.77 $1,005.99 $620.19 $1,541.59 $998.06 $948.19 $273.18 $1,403.56 $945.32 $182.84 $1,318.77 $858.08 $100.00 $876.22 $987.41 $1,045.67 ) $53,475.31 $163.90 $394.27 $79.47 $13.76 $19.95 1 EYE-BAHN INTERACTIVE COMP DIGITAL ENHANCEMENT $330.00 MBNA AMERICA BUSINESS CA JAN '01 STATEMENT-GUNDERS $577.65 GRAND TOTAL $1,579.00 UNPAID PRESENTED 215/01 POLICE OPERATIONS FESLERS INC SWITCH/BATIERYS $54.98 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMI $4,540.43 MID AMERICAN ENERGY MONTHLY STATEMENT $750.51 NEXTEL EMERGENCY MGMT RADIO $57.28 VERIZON WIRELESS GREG CELL PHONE $41.31 VISA JAN '01 STATEMENT-FORD $13.90 JAN '01 STATEMENT-PHILLIPS $0.07 JAN '01 STATEMENT-BREUER $0.24 FIRE PROTECTION BRENTON BANK CITY HALL PETTY CASH $11.16 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $206.36 KINKO'SINC CARBONLESS FORMS/FIRE DEP $41.74 MID AMERICAN ENERGY MONTHLY STATEMENT $994.86 STREET LIGHTING MID AMERICAN ENERGY MONTHLY STATEMENT $1,027.11 MONTHLY STATEMENT $31.41 TRAFFIC SIGNAL LIGHTS MID AMERICAN ENERGY MONTHLY STATEMENT $322.57 BUILDING INSPECTION BRENTON BANK CITY HALL PETIY CASH $53.20 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $1,238.30 VERIZON WIRELESS DENNIS-CELL PHONE $51.33 LIBRARY SERVICES JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $1,031.92 PARKS JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $206.38 MID AMERICAN ENERGY MONTHLY STATEMENT $20.76 PUBLIC WORKS CAPITAL SANITARY SUPPLY PAPER TOWELS-TOILET PAPER $138.05 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $206.38 MID AMERICAN ENERGY MONTHLY STATEMENT $327.36 UNITED STATES CELLULAR CELL PHONE -GIBSON/ROYER $103.74 WATER UTILITY OM WATER WORKS LAB ANALYSIS $15.00 6 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $619.15 ~lMIDAMERICANENERGYMONTHLYSTATEMENT$743.73 MONTHLY STATEMENT $67.62 UNITED STATES CELLULAR CELL PHONE-ONE CALL PHONE $61.22 SANITARY SEWERS &TREATMENT FACI ALLIED SYSTEMS INC DIALER REPAIR $345.00 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $619.15 MID AMERICAN ENERGY MONTHLY STATEMENT $4,987.40 MONTHLY STATEMENT $67.62 MONTHLY STATEMENT $164.53 SMITH'S SEWER SERVICE IN LABOR TO HYDROJET LINE $295.00 USA BLUE BOOK 5'COREPRO BOnOM SECTION $44.80 GAS UTILITY JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $1,444.68 MID AMERICAN ENERGY MONTHLY STATEMENT $367.12 MONTHLY STATEMENT $67.61 NOVA GRAPHICS UTILITY REFUND $26.76 UNITED STATES CELLULAR CELL PHONE -GIBSON/ROYER $103.74 CELL PHONE -ON CALL PHONE $61.22 UTILITY BILLING BRENTON BANK CITY HALL PEnY CASH $0.50 BUDGET STORAGE RENTAL FEB '01 RENTAL $40.00 1JOHNDEEREHEALTHPLANIFEB'01 HEALTH INS PREMIUM $206.38 STREETS DEPARTMENT CT FARM &COUNTRY STEEL CABLE $256.06 HALLEn MATERIALS ICE CONTROL SAND $415.17 ICE CONTROL SAND $302.74 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $1,031.92 MID AMERICAN ENERGY MONTHLY STATEMENT $67.61 ADMINISTRATION BRENTON BANK CITY HALL PEnY CASH $41.60 BUDGET STORAGE RENTAL FEB '01 RENTAL $40.00 INSURANCE ASSOC OF IWOA EMPLOYEE DISHONESTY BOND $69.00 JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $1,238.30 KC HOLDINGS INC FEB '01 RENTAL $5,217.79 MID AMERICAN ENERGY MONTHLY STATEMENT $190.31 MONTHLY STATEMENT $427.94 VERIZON WIRELESS CELL PHONE-ARENTSEN $63.67 ECONOMIC DEVELOPMENT JOHN DEERE HEALTH PLAN I FEB '01 HEALTH INS PREMIUM $392.13 GRAND TOTAL $31,573.84 I 7 Mayor's Report:The Mayor received a letter from David Feehan from the Downtown Community Alliance thanking the City.The Mayor indicated that he had received the latest building permit report.Mayor Bailey said that he had talked with Councilman Ted Ohmart regarding the MPO and asked that any councilmember who had a question with him,to please call him.The Mayor read letters from several Waukee area students. Resolution:Approve Participation in Central Iowa Regional Drinking Water Commission.The purpose of joining the Central Iowa Regional Drinking Water Commission is to enable Wankee to jointly plan and coordinate implementation for water supply,treatment,distribution and storage facilities for the benefit of the parties and their respective customers.Motion by Peard,second by Watts to approve participation in the Central Iowa Regional Drinking Water Commission.Ayes:Peard,Watts,Gruber,Berger and Johnson.Motion carried 5-0. RESOLUTION 01·13 CENTRAL IOWA REGIONAL DRINKING WATER COMMISSION MASTER AGREEMENT THIS AGREEMENT,is made and entered into by the Board of Water Works Trustees of the City of Des Moines,Iowa,the Board of Water Works Trustees of the City of Urbandale,iowa,the Board of Water works Trustees of the City of West Des Moines,Iowa and such other county boards of supervisors,city councils,utility boards,water district boards of directors and other entities (the parties)which shall elect to accept this Agreement and shall execute from time to time,a document so stating. WHEREAS,tbe parties are duly organized public agencies in the State ofIowa,which parties wish to jointly exercise certain powers,privileges or authorities under the provisions of chapter 28E of the Code of Iowa,and WHEREAS,the parties hereto believe that creation of a region-wide commission to perform certain water facilities planning activities in coordination with other regional planning entities is beneficial to the customers they serve,and WHEREAS,the parties hereto believe that creation of the same region-wide agency to perform certain services on behalf of the parties could be beneficial to the customers they serve, NOW,THEREFORE,BE IT REMEMBERED that for the mutual promises,covenants,and considerations herein contained the parties have entered into the following agreement under the provisions of Chapter 28E of the Code of Iowa to provide for the joint exercise of powers,to wit: A.General Provisions I.The foregoing recitals are a part of this agreement and shall be so construed. 2.The purposes of this agreement are to (1)enable the parties to jointly plan and coordinate implementation for water supply,treatment,distribution and storage facilities for the benefit of the parties and their respective customers and to (2)enable the parties to jointly provide services in a cost-effective manner to each other. 3.Nothing in this agreement shall be construed so as to limit or supersede the powers and authority of any of the parties. 8 4.Nothing in this agreement shall be construed as to limit,supersede or in any other manner affect any type of agreement between any of the parties,or between one or more of the parties and any other entity.IB.Central Iowa Regional Drinking Water Commission 1.There is hereby created the Central Iowa Regional Drinking Water Commission (the Commission),which shall provide planning activities for water supply,treatment, distribution and storage facilities when the location,extent and type of such facilities shall,in general,impact two or more of the parties. 2.The Commission may provide such other services to one or more of the parties as the parties from time to time may request or accept,upon offer by the Commission,without limitation. C.Governance of the Commission 1.The Commission shall be governed by a Board of Directors (the Board),consisting of one representative of each of the parties.The parties may choose their representative in any manner not prohibited by laws of the State of Iowa.Each member of the Board shall be duly elected or appointed official of a party. 2.Except for the initial terms,terms of the members of the Board shall be four years in length,staggered so that no more than one-fourth of the member's terms shall expire at anyone time.Terms shall begin upon the member's appointment by the governing body of a party and shall end on December 31 of a year.The shortest initial term shall expire on December 31,2001 and the other initial member terms shall expire in the following years on December 31.The initial members shall determine their individual term lengths by lottery among themselves.I 3.Uncompleted terms shall be filled by the respective party in the same manner as full terms. 4.Actions of the Board shall be determined by a simple majority of the members present at a meeting and a quorum of the Board shall be a simple majority oftbe full membership of the Board. 5.The Board shall establish specific rules under which it and the Commission will operate, which rules shall be in consonance with this agreement and laws of the State of Iowa. 6.Ex-officio,non-voting members of the Board shall,initially,be the chief Executive Officer/General Manager of the Des Moines Water Works,the General Manager of the Urbandale Water Department and the General Manager/Secretary of the West Des Moines Water Works.Additional ex-officio,non-voting members may be added to the Board as it may direct,from time to time.These members shall be full time employees of a party. D.Methods of completing Tasks of the Commission 1.The Commission may employ such resources as it shall deem necessary to complete the facilities planning tasks enumerated herein and such tasks as the parties may,from time to time,request or the Commission may elect to offer to the parties. J2.The commission may procure staff-type resources through agreement with one or more of the parties,through agreement with other area governmental entities,through usual employment practices resulting in individuals becoming full or part-time employees, 9 hiring one or more firms or individuals on a consulting basis or by other means as shall be determined by the Board.Combinations of any of these methods may also be ntilized. 3.The Commission may procure office space,equipment and supplies in any manner authorized by the Code of Iowa,except eminent domain. E.Financing I.The Board shall cause to be prepared an annnal budget,which shall be approved by the board.Snch budgets shall be for periods beginning on Jannary 1 of a year and shall be adopted by the Board prior to November 1 of the year preceding the year covered by the bndget.The first snch budget shall be for the year beginning January 1,2001. 2.The cost of facility planning activities shall be apportioned among the parties on the basis of the ratio each party's retail customer accounts to the total retail customer accounts of all the parties,using the most recent data available. 3.The costs of the various services shall be determined on a per piece,per account or per transaction basis,inclnding all applicable costs of the Commission,and shall be computed so as fully cover the cost of providing the service plus an overhead allowance as determined by the Board.The cost of each service shall be computed so as fully cover the cost of providing the service plus an overhead allowance as determined by the Board. The cost of each service shall be uniform to each of the parties. a.The Board shall determine cost-sharing methods to recover the costs of research and development-type activities. 4.The parties intend that the Commission be self ...supporting,not relying upon any source of revenue,other than those listed above,interest received from its investments and revenue bonds issued in accordance with the provisions of Chapter 28E or 28F of the Code of Iowa, 5.Fnnds of the Commission shall be invested at interest at all times and shall be secured as provided for by the Code of Iowa, 6.Parties joining the Commission on or before ,shall not be charged an entrance fee.The Board shall determine one-time entrance fees to be charged to parties joining the Commission after Such fees may be changed from time to time,at the discretion of the Board, F.Term of this Agreement I.Any party may terminate its participation in this agreement by vote of its governing body. Such decision shall be communicated to the Board in writing on or before July I of a year for a termination to become effective as the following January I.Terminations shall not be effective at any other time.No monetary refund of any kind shall be given. 2,The agreement shall be binding upon the successors and assigns of the parties. 3,The agreement shall terminate on January 1,2100,or earlier,if the total number of parties hereto drops to two as of an earlier January 1. G.Amendments I.Amendments to this agreement shall become effective upon approval of a majority of the parties at the time of the amendments. 10 1.Acceptances shall be substantially in the form of Exhibit A attached hereto.This document,together with the acceptances by the parties,shall be construed as one agreement as though each of the parties had signed the same document.Each party shall receive one fully signed copy of this agreement and its acceptance. 1 H.Acceptances 1.Ownership of Assets 1.Except for assets procured by the Commission through the normal course of business,all assets of the parties shall remain with the parties. J.Recordation 1.When this agreement has been approved by the Board of Water Works Trustees of the City of Des Moines,Iowa,the Board of Water Works Trustees of the City of West Des Moines,Iowa and the Board of Water Works Trustees of the City of Urbandale,Iowa,the agreement shall be filed with the Iowa Secretary of State and with the county recorders (or auditors)of each of the counties in which the three parties 'transact business. 2.When this agreement is accepted from time to time by another governmental entity, documentation of such acceptance shall be filed with the Iowa Secretary of State and with the county recorders (or auditors)of each of the counties in which the governmental entity transacts business. K.Disposition of Assets upon Termination of this Agreement 1.Upon termination of this agreement,all assets of the Commission shall be sold at public auction to the highest bidders and the proceeds of such sales shall be returned to each of the parties existing as the date of the auction. } 2.Payments to the parties from the proceeds of such auction shall be allocated on the basis of the total amount of funds paid to the Commission during the five full years immediately preceding such auction. IN WITNESS WHEREOF,the parties hereto affix our hands and seals on this __day of _____,2000. BOARD OF WATER WORKS TRUSTEES OF THE CITY OF DES MOIENS,IOWA By _ John A.Crivaro,Sr. Chairperson Attest:IL.D.McMullen II CEO and General Manager BOARD OF WATER WORKS TRUSTEES OF THE CITY OF rnrnANDALE,lOW A By _ John L.McCune Chairperson Attest: Richard A.Foust General Manager BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WEST DES MOINES,IOWA By,_ W.Kent Gaer Chairperson Attest: L.R.Anderson General Manager and Secretary EXIllBIT A ACCEPTANCE OF CENTRAL IOWA REGIONAL DRINKING WATER COMMISSION MASTER AGREEMENT ____________,an _ in the State of Iowa,hereby accept and agrees to be bound by the terms and conditions of the Central Iowa Regional Drinking Water commission Master Agreement,originally dated pm the 17"'day of October, 2000,by the Board of Water Works Trustees of the City of Des Moines,Iowa,the Board of Water Works Trustees of the City of Urbandale,Iowa and the Board of Water Works Trustees of the City of West Des Moines,Iowa. Dated this 5th day of February 2001. 12 CITY OF WAUKEE IOWA By,_ Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator ROLLCALL A YES NAYS ABSENT Nicholas Gruber Marvin Berger Mike Watts Bill Peard Wayne Johnson x X X X X Receive/File:Report on Amending Urban Renewal Area:After a discussion on how to incorporate right-of-ways into the City without picking up residential valuations and to fund sidewalks,there was a motion by Berger and a second by Peard to receive/file this report.Ayes:Berger,Peard,Johnson,Gruber and Watts.Motion carried 5-0. Motion:To Dismiss Annexation Moratorium Agreement with City of West Des Moines: Several councilmembers were upset that Ted Ohmart,a councilmember from West Des Moines did not help the City of Waukee in acquiring MFO funding for the Alice's Road/105th Street interchange project.Due to this perceived slight,Watts made a motion, with a second by Peard to dismiss the annexation moratorium agreement with the City of West Des Moines.Motion carried 5-0. Ordinance:Approve Floodplain Zoning Ordinance.This item was tabled until a later meeting. Resolution:Setting Public Hearing Date on March 5,2001 for Budget Hearing/Approval. Motion by Berger,second by Gruber to approve March 5,2001 as Budget Hearing/Approval Date.Ayes:Berger,Gruber,Watts,Peard and Johnson.Motion carried 5-0. The City of Waukee,Iowa )IN THE NAME AND BY AUTHORITY OF THE CITY OF WAUKEE,IOWA 13 RESOLUTION SETTING PUBLIC HEARING DATE ON MARCH 5,2001 AT 7:00 PM FOR BUDGET HEARINGIPROPOSAL WHEREAS, WHEREAS, WHEREAS, RESOLUTION 01-14 The City of Waukee,Iowa has been diligently working on their Fiscal Year 200112002 Budget;and §384.I6(2)[1999]Code of Iowa stipulates that a budget must be certified to the county auditor and not less than ten days before the date set for the hearing,the clerk shall make available a sufficient number of copies of the detailed budget to meet the requests of taxpayers and organizations,and have them available for distribution at the offices of the mayor and clerk and at the city library;and §384.16(3)[1999]of the Code of Iowa stipulates the council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice of the hearing not less than ten nor more than twenty days before the hearing in a newspaper. NOW,THEREFORE,the City of Waukee,Iowa does hereby set the Public Hearing Date for the Fiscal Year 200112002 Budget for March 5,2001 at 7PM at Waukee City Hall. Attest: IN TESTIMONY WHEREOF,I have hereunto subscribed my name and caused the Great Seal for the City of Waukee,Iowa to be affixed.Done this 8'h day of January in the year of our Lord Two Thousand One. Mayor Donald L.Bailey,Jr. Mark Arentsen,City Administrator/Clerk ROLLCALL Nicholas Gruber Marvin Berger Mike Watts Bill Peard Wayne Johnson A YES NAYS ABSENT x X X X X 14 Receive/File:Report on Dallas County Development.Mark gave a brief report on Dallas County Development and discussed the current activities with the organization.Motion by Gruber,second by Johnson to receive/file the Dallas County Development report, ) Ordinance:Approving Amendment for §218.2(B)of the Waukee Municipal Code (Snow Removal).This item was tabled until a later meeting. Ordinance:Approving Amendment for §103.4 of the Waukee Municipal Code (Civil Penalties). The Ordinance was introduced by Councilman Gruber,Motion by Peard,with a second by Berger to have the first reading of the Ordinance in title only.Ayes:Peard,Berger, Gruber,Watts and Johnson.Mark read the Ordinance in title only- AN ORDINANCE TO AMEND CHAPTER 100,SECTION 103.4(B),WAUKEE MUNICIPAL CODE,BY DELETING THEREFROM THE WORDS UNDER "SCHEDULE OF CIVIL PENALTIES"PROVIDING PENALTIES FOR FIRST, SECOND AND SUBSEQUENT MUNICIPAL INFRACTIONS,AND INSERTING IN LIEU THEREOF PENALTY PROVISIONS FOR FIRST OFFENSE,$500;SECOND AND SUBSEQUENT OFFENSES,$750. JMotionbyGruber,second by Watts to waive the 2nd and 3'd reading of the Ordinance. Motion by Gruber,second by Berger to have the Ordinance put on final passage.Ayes: Gruber,Berger,Watts,Peard and Johnson.Motion carried 5-0.Mayor Bailey declared the Ordinance duly adopted. ORDINANCE 2337 AN ORDINANCE TO AMEND CHAPTER 100,SECTION 103.4B,WAUKEE MUNICIPAL CODE,BY DELETING THEREFROM THE WORDS UNDER "SCHEDULE OF CIVIL PENALTIES"PROVIDING PENALTIES FOR FIRST, SECOND,AND SUBSEQUENT MUNICIPAL INFRACTIONS,AND INSERTING IN LIEU THEREOF PENALTY PROVISIONS FOR FIRST OFFENSE,$500.00; SECOND AND SUBSEQUENT OFFENSES,$750.00. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WAUKEE AS FOLLOWS: Section 1.Chapter 100,Section 103.4B,Waukee Municipal code is hereby amended by deleting from subparagraph B thereof, Schedule of Civil Penalties First Offense Second Offense All other repeat offenses $50.00 $100.00 $200.00 15 And inserting in lien thereof the following: Schedule of Civil Penalties First Offense Second and each subsequent offense $500.00 $750.00 Section 2.Repealer.All ordinances or parts of ordinances in contlict with the provisions of this ordinance are hereby repealed. Section 3.Severabillty 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 npon its final passage,approval and publication as provided by law. Passed by the Conncil this 5ili day of February 2001,and approved this 5th day of February 2001. Donald Lee Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Resolution:Approving Purchase of Waukee Professional Plaza from K.c.Holdings,Inc. Motion by Gruber,second by Berger to approve purchase of the Waukee Professional Plaza for $900,000,contingent on Waukee's population reaching 5,000 with the 2000 Census.Motion by Gruber,second by Berger to approve purchase of Waukee Professional on April 5,2001 contingent on Waukee's 2000 Census #being above 5,000. Ayes:Gruber,Berger,Watts,Johnson and Peard.Motion carried 5-0. RESOLUTION 01-15 APPROVING PURCHASE OF WAUKEE PROFESSIONAL PLAZA FROM K.C. HOLDINGS,INC, WHEREAS,the City of Waukee currently occupies leased office space in the Waukee Professional Plaza,AND, WHEREAS,the Lease provides an option to the City of Waukee to purchase the Waukee Professional Plaza,AND, 16 WHEREAS,the City has negotiated a purchase price of $900,000 with the owner which is a price reduction of approximately $200,000 from the previonsly negotiated price,AND, WHEREAS,in consideration of the pnrchase price reduction,the City has signed a Development Agreement with KC.Holdings for the property immediately south of the Waukee Professional Plaza which would allow KC.Holdings to collect Tax Increment Benefits for up to 10 years or nntil all qualified expenses have been reimbursed to KC.Holdings,AND, WHEREAS,the negotiated price equates to a per square foot cost including land and all improvements of approximately $78 which is a significant savings when compared to the cost of new construction,AND, WHEREAS,the City will collect rents from the other building occupants of $4,354 per month, which payments will be used to reduce the City's debt service cost for the purchase,AND, WHEREAS,the Mayor and Council have determined that it is therefore in the City's interest to purchase the Waukee Professional Plaza,AND, WHEREAS,the purchase is contingent on the City'S population being in excess of 5,000 in the year 2000 census which would allow the City to bOlTOW$700,000 subject to a reverse referendum with the balance to be financed with cash reserves, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 5"'day of February,2001 that it hereby authorizes the purchase of the Waukee Professional Plaza from K.c.Holdings for the sum of $900,000 subject to the terms of the Development Agreement between K C.Holdings and the City of Waukee.] Attest:Donald L.Bailey,Jr.,Mayor Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYES NAYS ABSENT X X X X X Ordinance:Approving Waukee City Council Pay Increase.The City Council pay increase will be effective January 1,2002,with the pay going from $1,200 annually to $3,000 annually.The Ordinance was introduced by Berger,with a motion by Watts and a second by Johnson to have the I"reading of the Ordinance.Ayes:Watts,Johnson, Peard,Berger and Gruber.Motion carried 5-0. )AN ORDINANCE TO AMEND CHAPTER 110 OF THEW AUKEE MUNICIPAL CODE BY DELETING THE CHAPTER IN ITS ENTIRETY AND INSERTING IN 17 LIEU THEREOF THE FOLLOWING -THE SALARY OF EACH COUNCILPERSON SHALL BE $250.00 PER MONTH,HOWEVER,ANY COUNCILPERSON SERVING, AS MAYOR PRO-TEM SHALL ALSO BE PAID $250.00 FOR EACH MONTH INwmcnTHEYREMAlNAPPOINTEDASMAYORPRO-TEM. Motion by Watts,second by Johnson to waive the 2nd and 3'd reading of the Ordinance. Ayes:Watts,Johnson,Berger,Peard and Gruber.Motion carried 5-0.Motion by Watts, second by Johnson to put Ordinance on final passage.Ayes:Watts,Johnson,Berger, Peard and Gruber.Mayor Bailey declared the Ordinance duly adopted. ORDINANCE NO.2338 AN ORDINANCE TO AMEND CHAPTER 110 OF THE WAUKEE MUNICIPAL CODE BY DELETING THE CHAPTER IN ITS ENTIRETY AND INSERTING IN LIEU THEREOF THE FOLLOWING: BE IT ORDAINED by the Council of the City of Waukee: Section 1 Conncilmen.The salary of each councilperson shall be $250.00 per month,however,any councilperson serving,as mayor pro tern shall also be paid $250.00 for each month in which they remain appointed as mayor pro tern. nO.2 Mayor.The mayor shall receive a monthly salary of $400 per month. Treasurer.The compensation of the Treasurer shall be set by resolution of the Council. 110.4 Other Officers.The Compensation of all other officers and employees shall be set by resolution of the council. 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 of 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.The increases shall only take affect in January 2002. Passed by the City Council of the City of Waukee,Iowa,this 5"day of February 2001 and approved this 5" day of February 200 I. Attested:Donald L.Bailey,Jr. Mayor Mark J.Arentsen,City Administrator/Clerk (prior Amendment was Ordinance No.2232 on October 20,1997) 18 REPORTS:IA.Mark Arentsen -Mark discussed the Alice's RoadlHickman street lighting with the DOT;he also told the Council that he will be instituting a Purchase Order system. B.Joshua Smith -Joshua talked about the lease with Convergent Capital regarding our computer equipment;Joshua also talked about a meeting with Sugar Creek regarding their potential annexation into the City;Joshua also announced his resignation as Deputy City Administrator effective May 11,2001.He said he will become the City Administrator of Monticello,Iowa, C.Jody Gunderson -Jody talked about the downtown redevelopment project. D,Dennis Dowell-Dennis said that building permits were moving briskly, E.John Gibson -John talked briefly about the downtown area and Highway 6 Street lighting, F.City Attorney -Paul said he was dealing with same things -being sued,etc. G.Wayne Johnson -Invited residents to attend the next park board meeting on February 15 regarding the 4th Street Park. H.Bill Peard -No comment. L Mike Watts -No comment. J.Marvin Berger -Marvin talked briefly about the library, K.Nick Gruber -No comment. Motion by Gruber,second by Berger to adjourn the meeting.The Mayor asked for a voice-vote for adjournment;all were in favor.The meeting adjourned at 9:13 P.M,) Attest: v J 19