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HomeMy WebLinkAbout2001-04-16-Regular MinutesWAUKEE CITY COUNCIL MINUTES APRIL 16,2001 Call to Order -Mayor Donald L.Bailey,Jr.,called to April 16,2001 meeting of the Waukee City Council to order at 7:00PM. Roll Call-Roll call was taken.Mayor Bailey and Council members Nicholas C.Gruber, Marvin Berger,Mike Watts and Wayne Johnson were present.Councilman Bill Peard was absent.Also present were City Administrator Mark Arentsen,City staff,City Engineer Mikelis Bredis and members of the public. Open Forum -Mayor Bailey inquired as to whether any members of the public wished to comment on items not on the agenda.No comments were registered by members of the public. Agenda Addition!Agenda Approval-A motion was made by Gruber,seconded by Berger to approve the agenda as presented.Motion passed unanimously. Consent Agenda -City Treasurer Linda Burkhart stated that there were three Police Department bills payable to Fesslers Inc.which should be deleted from the bill list.These bill are in the amount of $485.00,$296.00 and $63.10.With these deletions,bills presented for payment total $269,716.75.Payroll presented for approval totals $48,689.56.A motion was made by Gruber, seconded by Berger to approve the consent agenda including the bills,payroll and City Council minutes from April 2 and April 4,2001.Mayor Bailey called for a roll call vote.Ayes;Gruber, Berger,Watts,Johnson.Nays;None.Motion approved. BILL LIST 4/13/01 NO DEPT ENTERED BANKERS TRUST COMPANY BRENTWOOD DEVELOPMENT CO TREASURER STATE OF IOWA APRIL '01 TRANSFER GAS REIMBURSEMENT MAR '01 WATER SALES TAX MAR '01 SEWER SALES TAX MAR '01 GAS SALES TAX POLiCE OPERATIONS ALLEGRA LETIERHEAD ENVELOPES CITATION/COMPLAINT BKS/C CONSULTING TAMPER GUARD/SEAT BELT C MAR '01 POLICE STATEMENT ANNUAL FIRE EXT SERVICE FIRST LINE SUPERVISION S 4/2001-3/2002 INSURANCE 1ST QTR 2001 UNEMPLOYMENT DEC 2000 ADDITIONAL BUTIERFIELD MANAGEMENT FESLER INC HEARTLAND CO-OP IA FIRE EQUIPMENT COMPANY IA LAW ENFORCEMENT ACADE INSURANCE ASSOC OF IOWA IOWA WORKFORCE DEVELOPMENT IPERS -REGULAR 1 $19,200.00 $195.73 $2,958.68 $184.60 $2,580.99 $86.90 $83.99 $136.06 $187.50 $135.44 $1,236.47 $239.75 $405.00 $6,644.49 $348.33 $10.00 KENNY &GYL COMPANY DCALS FOR CAR &MOTORCYC $350.00 LIGHTNING POWDER CO INC TRANSPORT HOOD $53.40 MAINSTAY SYSTEMS INC APRIMAY/JUN-SYSTEM PC MA $330.00 MCLEOD USA MONTHLY PD STATEMENT $404.35 OLSON BROTHERS MAR '01 POLICE STATEMENT $118.30 QUALITY FORD OF WDM KEYS $6.00 SIOUX SALES COMPANY ORGANIZERS $97.40 STOREY-KENWORTHY COMPANY SUPPLIES $119.40 SUPPLIES $127.45 SULLIVAN,TIM INSTALL RADAR EQUIPMENT $399.42 INSTALL RADAR EQUIPMENT $249.30 SUNCOM MAR '01 CELL PHONE $203.60 WAUKEE MUNICIPAL UTILITIES 1300 LA GRANT PKWY $643.10 WIEGERT,SCOD CONSULTING $227.50 FIRE PROTECTION ADAMS DOOR COMPANY BUILDING REPAIRIMAINTENA $50.00 REPAIR DOOR $450.00 CIRCUIT BOARD $216.25 CAPITAL SANITARY SUPPLY CUSTOM CAR WASH $43.00 CUMMINS GREAT PLAINS OIUFILTERILUBE $165.00 ED M FELD EQUIPMENT CO OPERATING SUPPLY $511.83 SCOD CYL &VALVE ASSEMB $1,210.00 1ELECTRICALENGINEERING&OPERATING SUPPLY $166.00 BULB $16.30 J FREIGHTLINER OF DM INC TRUCK REPAIRIMAINTENANCE $316.25 HAMMER MEDICAL SUPPLY-CL 02 K CYL CONTENTS/01 M T $110.00 HEARTLAND CO-OP MAR '01 FIRE STATEMENT $1,121.15 HEARTLAND TECHNOLOGY INC OPERATING SUPPLIES $210.50 HYVEE 25 LBS ICE $5.98 FILM PROCESSING $11.94 FILM PROCESSING $3.35 IA STATE UNIVERSITY TRAINING $30.00 ILLOWA COMMUNICATIONS PROGRAMMING $35.00 INSURANCE ASSOC OF IOWA 4/2001-3/2002 INSURANCE $14,726.71 INTERSTATE ALL BADERY C BADERY $150.00 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $84.76 MCLEOD USA MARCH MONTHLY STATEMENT $199.47 MIGHTY TIDY CLEANING FIRE CLEANING $100.00 NEXTEL FEB &MARCH STATEMENT $25.40 PMX MEDICAL NF IV SETS $82.00 IV SOULTION $24.72 SPRING VALLEY RADIO CORP YEARLY PAGER SERVICE $215.46 REMOVAL OF RADIO/SIREN R $135.00 JSERVICE$15.00 STRAUSS SAFE AND LOCK CO WAFER LOCK &KEYS $17.00 SUNCOM MAR '01 CELL PHONE $50.90 TRIPLED OFFICE ESSENTIAL TAPE CARTRIDGE $12.99 2 ULTIMATE AUTOMOTIVE SERV TANKER REPAIRS $397.37 VERIZON WIRELESS 1 ST RESPONDER CELL PHONE $30.87 WAUKEE MUNICIPAL UTITLITIES 1300 LA GRAND PKWY $852.47 STREET LIGHTING MID AMERICAN ENERGY MONTHLY STATEMENT $8.50 WEBSTER ELECTRIC LOCATING $75.00 TRAFFIC SIGNAL LIGHTS IA SIGNAL &ELECTRIC CO SIGNAL REPAIR $56.00 SIGNAL RENTAL $150.00 MID AMERICAN ENERGY MONTHLY STATEMENT $31.07 BUILDING INSPECTION ACADEMIC CAPITAL GROUP I APR '01 COMPUTER LEASE $149.78 ALLEGRA CITATIONICOMPLAINT BKSIC $136.00 INSURANCE ASSOC OF IOWA 412001-312002 INSURANCE $103.98 IOWA WORKFORCE DEVELOPMENT 1 ST QTR 2001 UNEMPLOYMENT $66.72 OLSON BROTHERS MAR '01 STATEMENT $21.00 RICHARDSON,BETH MILEAGE $5.10 SUNCOM MAR '01 CELL PHONE $50.90 TRIPLETI OFFICE ESENTIAL OFFICE SUPPLIES $6.79 LIBRARY SERVICES BRENTON STATE BANK MARCH PETIY CASH -LIBRARY $220.74 CENTER POINT PUBLISHING MATERIAL $44.12 CENTRAL IOWA REGIONAL LIB SUMMER RDNG WRKSHP-DEVON $13.50 CHIVERS MATERIALS $62_37 COMPUSA INC SPEAKER CORDILSTA GRANT $4.44 CREATIVE DATAPRODUCTS SUPPLIES $265.88 GALE GROUP.THE MATERIAL $146.10 HIGHSMITH COMPANY POSTERS,BAGS &MISC $30.22 IMAGING TECHNOLOGIES COPIER MAINTENANCE $84.00 INGRAM LIBRARY SERVICES BOOK DISCUSSION BOOKS $16.74 MATERIAL BOOK DISCUSSION $126.00 CREDIT MEMO -$3.98 CREDIT MEMO -$210.15 MATERIALS $3.57 MATERIALS $13.72 MATERIALS $2.39 MATERIALS $5.39 MATERIALS $2.99 MATERIALS $30.62 MATERIALS $11.97 MATERIALS $15.34 MATERIALS $12.39 MATERIALS $10.59 MATERIALS $191.06 3 MATERIALS $50.93 MATERIALS $232.06 MATERIALS $17.73 MATERIALS $50.10 MATERIALS $32.36 MATERIALS $3.59 MATERIALS $26.92 MATERIALS $15.31 MATERIALS $14.27 MATERIALS $27.67 MATERIALS $161.52 MATERIALS $13.17 MATERIALS $11.97 MATERIALS $21.21 MATERIALS $28.40 MARC RECORDS FOR FEB $39.02 INSURANCE ASSOC OF IOWA 4/2001-3/2002 INSURANCE $515.19 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $88.44 MACK,LINDA BUTIERFL Y GARDEN PROGRAM $25.00 DINNER FOR PROGRAM LECTU $8.35 MILEAGE REIMBURSEMENT $3.15 MCLEOD USA MARCH MONTHLY STATEMENT $135.43 MID AMERICAN ENERGY MONTHLY STATEMENT $252.18 1MURPHY·PETERSEN,DEVON WALKMANILSTA GRANT $26.45 MILEAGE REIMBURSEMENT $28.83 J NETINS INTERNET SERVICE $21.95 OFFICE DEPOT CREDIT PLAN SUPPLIES $103.94 DESK &CHAIRILSTA GRANT $339.97 ULVERSCROFT MATERIALS $33.98 MATERIALS $16.14 US POSTAL SERVICE ROLL STAMPS $34.00 WAUKEE MUNICIPAL UTILITIES 500 6TH STFi $366.45 PARKS HEARTLAND CO-OP MAR '01 STATEMENT $1,045.81 INSURANCE ASSOC OF IOWA 4/2001·3/2002 INSURANCE $2,320.15 IOWA WORKFORCE DEVELOPMENT 1 ST QTR 2001 UNEMPLOYMENT $19.47 SUNCOM MAR '01 CELL PHONE $10.82 WAUKEE MUNICIPAL UTILITIES 3557TH STR $69.73 1215 6TH STR $67.94 SOLID WASTE COLLECTION &RECYCLING WASTE MANAGEMENT OF IOWA MAR '01 CURB SERVICE $12,850.69 PUBLIC WORKS IARAMARKUNIFORMSERVICESMATSERVICE$33.40 INSURANCE ASSOC OF IOWA 1/2001-3/2002 INSURANCE $2,923.68 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $53.58 4 MCLEOD USA MARCH MONTHLY STATEMENT $40.49 OLSON BROTHERS MAR '01 STATEMENT $43.50 SAGE PUBLICATIONS INC SUBSCRIPTION $25.00 SUNCOM MAR '01 CELL PHONE $50.90 WATER UTILITY GRAYBAR METER WIRE $542.64 HEARTLAND CO-OP MAR '01 STATEMENT $90.50 IA ASSOCIATION OF STUDENT BOOK $55.00 IA ONE CALL MAR '01 STATEMENT $52.00 INSURANCE ASSOC OF IOWA 4/2001-3/2002 INSURANCE $2,233.89 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $30.56 JERRY'S HOMES INC REFUND -1430 PRIMROSE LN $25.36 JOHNSTON DIST CO INC OIUFILTERS/LUBE $9.60 OIUFILTERS/LUBE $22.15 OIUFILTERS/LUBE $19.57 OIUFILTERS/LUBE $17.11 OIUFILTERS/LUBE $9.99 OIUFILTERS/LUBE $15.52 KINKO'S INC WATER TOWER PRINTING $164.30 MCLEOD USA MARCH MONTHLY STATEMENT $40.49 MENARDS CONCRETE FORM $13.30 MUNICIPAL SUPPLY MARKING PAINT/REPAIR CLA $864.05 CAST COUPLING $453.60 METROTECH REPAIR $115.00 OLSON BROTHERS MAR '01 STATEMENT $46.50 R-WAY CONCRETE CONCRETE $200.00 STREET REPAIR $173.25 SUNCOM MAR '01 CELL PHONE $10.82 MAR '01 CELL PHONE $50.90 U OF I HYGIENIC LAB 1ST QTR 2001 WATER TESTING $132.00 US FILTERIWATERPRO METER STOP $157.74 USA BLUE BOOK HYDRANT METER $699.58 WAUKEE MUNICIPAL UTILITIES 355 7TH STR $69.74 1205 6TH ST $164.55 1205 6TH ST $35.35 1215 6TH STR $67.93 1207 6TH STR $126.82 SANITARY SEWERS &TREATMENT FAC CONTINENTAL RESEARCH COR BACTODOSE $435.02 DALLAS COUNTY NEWS MAR '01 STATEMENT $278.35 HEARTLAND CO-OP MAR '01 STATEMENT $103.28 IA ONE CALL MAR '01 STATEMENT $52.00 INSURANCE ASSOC OF IOWA 4/2001-3/2002 INSURANCE $982.26 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $40.58 JOHNSTON DIST CO INC OIUFILTERS/LUBE $9.60 OIUFILTERS/LUBE $22.15 5 OIUFILTERS/LUBE $19.57 OIUFILTERS/LUBE $17.10 OIUFILTERS/LUBE $9.99 OIUFIL TERS/LUBE $15.52 MCLEOD USA MARCH MONTHLY STATEMENT $275.09 MID AMERICAN ENERGY MONTHLY STATEMENT $403.46 SUNCOM MAR '01 CELL PHONE $10.82 MAR '01 CELL PHONE $50.88 UTILITY CONSULTANTS INC TESTING $847.00 WAUKEE MUNICIPAL UTILITIES 355 7TH STR $69.73 230 HWY 6 $329.49 1215 6TH STR $67.94 1300 6TH STR $126.75 1207 6TH STR $126.82 GAS UTILITY CIGMA LLC PRIMER $85.87 GROEBNER &ASSOCIATES IN PMTI-CREDIT -$612.50 GAS PIPE $896.04 HEARTLAND CO-OP MAR '01 STATEMENT $864.40 IAONE CALL MAR '01 STATEMENT $52.00 INSURANCE ASSOC OF IOWA 4/2001-3/2002 INSURANCE $4,008.39 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 INSURANCE $104.46 1JERRY'S HOMES INC REFUND -1430 PRIMROSE LN $217.20 KINKO'S INC GAS PRICES PRINTING $13.20 MCLEOD USA MARCH MONTHLY STATEMENT $80.98 MUNICIPAL SUPPLY GAS REGISTERS $392.65 PLUMB SUPPLY COMPANY SPLIT RING HANGER $8.67 PIPE $48.00 PIPE $24.00 SUNCOM MAR '01 CELL PHONE $10_82 MAR '01 CELL PHONE $152.70 US ENERGY SERVICES INC FEB '01 CREDIT -$20,383.85 MARCH STATEMENT $163,369.44 WASTE MANAGEMENT OF IOWA MAR '01 ROLL OFF CONTAIN $256.32 WAUKEE MUNICIPAL UTILTIES 3557TH STR $69.73 1205 6TH STR $35.35 1215 6TH STR $67.93 1207 6TH STR $126.82 UTILITY BILLING ACADEMIC CAPITAL GROUP I APRIL '01 COMPUTER LEASE $74.89 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $27.90 STREETS DEPARTMENT )DANRAITI ROADSTONE $1,714.13 GREENSLADES TOWING TOWING $80.00 HEARTLAND CO-OP MAR '01 STATEMENT $1,062.43 6 HOTSY CLEANING SYSTEMS PRESSURE WASHER REPAIR $99.30 IA DEPT OF TRANSPORTATION SIGN POSTS $1,515.08 INSURANCE ASSOC OF IOWA 4/2001-3/2002 INSURANCE $3,901.47 IOWA WORKFORCE DEVELOPMENT 1ST OTR 2001 UNEMPLOYMENT $67.25 KAR PRODUCTS BOLTS $237.49 MAJONA CORPORATION REPAIR GRADER WING $290.00 MENARDS MAILBOX REPAIR $46.73 MAILBOX REPAIRS $174.55 OLD DOMINION BRUSH DIRT SHOE RUNNER $99.85 PRAXAIR CYliNDER RENTAL $97.45 ROAD MACHINERY &SUPPliES GUDER BROOMS $226.00 SUN COM MAR '01 CELL PHONE $10.82 MAR '01 CELL PHONE $101.80 TRIPLED OFFICE ESSENTIAL FILE CABINET KEY $14.29 VAN-WALL EQUIPMENT INC CREDIT -$93.34 WAUKEE MUNICIPAL UTiliTIES 1207 6TH STR $126.83 ZUEGKER UBC GRADER BLADES $264.36 MAYOR AND COUNCIL INSURANCE ASSOC OF IOWA 4/2001-3/2002 insurance $2,970.06 IOWA WORKFORCE DEVELOPMENT 1ST OTR 2001 UNEMPLOYMENT $10.92 ADMINISTRATiON ACADEMIC CAPITAL GROUP I APR '01 COMPUTER LEASE $299.54 ANE COMPUTER SERVICES NETWORK MAINTENANCE $150.00 INSTALL ANTI-VIRUS SOFTW $500.00 ARAMARK UNIFORM SERVICES MAT SERVICE $41.37 MATS/AIRFRSH $59.75 CLASSIC FLORAL &GIFTS FUNERAL FLOWERS -DLUHOS $61.50 FUNERAL FLOWERS -APPLEGA $61.50 CRYSTAL CLEAR BODLED WA BODLED WATER $5.80 DALLAS COUNTY NEWS DEPUTY CITY CLERK AD $59.00 MAR '01 STATEMENT $1,090.13 INSURANCE ASSOC OF IOWA 4/2001-3/2002 INSURANCE $8,046.98 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $150.11 KINKO'S INC COPIES/PRINTING $2.50 MBNA AMERICA BUSINESS CA MAR '01 STATEMENT-ARENTSE -$390.05 MCLEOD USA MARCH MONTHLY STATEMENT $378.59 MIGHTY TIDY CLEANING FEB COMM CENTER CLEANING $110.00 MARCH COMM CENTER CLEAN $110.00 SUNCOM MAR '01 CELL PHONE $50.90 TRIPLED OFFICE ESSENTIAL OFFICE SUPPliES $49.48 WAUKEE MUNICIPAL UTiliTIES 410 6TH STR $182.54 FINANCIAL ADMINISTRATION ACADEMIC CAPITAL GROUP I APR '01 COMPUTER LEASE $74.89 BURKHART,liNDA FLOOR MATIBOOK SHELF/COA $115.97 IOWA WORKFORCE DEVELOPMENT 1ST OTR 2001 UNEMPLOYMENT $40.00 7 IPERS -POLICE DEC 2000 ADDITIONAL $21.85 LASER QUIPT PRINTER REPAIR $109.00 SCHMIDT,ANN CMS COMP USERS GROUP MEE $25.00 ECONOMIC DEVELOPMENT DALLAS COUNTY NEWS MAR '01 STATEMENT $103.00 IOWA WORKFORCE DEVELOPMENT 1ST QTR 2001 UNEMPLOYMENT $66.00 SUNCOM MAR '01 CELL PHONE $50.90 ENGINEERING SUNCOM MAR '01 CELL PHONE $50.90 GRAND TOTAL $269,716.75 CHECK ISSUED PRIOR TO COUNCIL APPROVAL NO DEPT ENTERED WAUKEE STATE BANK EQUIP REVOLVING CD $62,660.70 PDLICE OPERATIONS WELLS FARGO -PETTY CASH APRIL '01 PETIY CASH $159.56 WATER UTILITY IA RURAL WATER ASSOCIATION BACKFLOW TESTER CERT CLA $475.00 SANITARY SEWERS &TREATMENT FACI MIDWEST COUNTRY ESTATES 1999/2000 SEWER REFUND $1,801.60 ADMINISTRATION MBNA AMERICAN BUSINESS CA MAR '01 STATEMENT-SMITH $460_03 FINANCIAL ADMINISTRATION PURCHASE POWER POSTAGE $552.10 GRAND TOTAL $66,108.99 PAYROLL 4/13/01 ALLARD,RICHARD H $255.35 ANDERSON,BRYCE J $184.24 ARENTSEN,MARK J $1,693.90 ARMSTRONG,KEITH D $378.05 BELL,RODGER E $294.13 BERGER,MARVIN D $88.53 BOSWELL,KRISTIN A $177_94 1BREUER,GREGORY A $1,131.09 BRUECKEN,ALYSSA J $38.05 BURKHART,LINDA S $1,109.70 CONN,DAVID R $200.40 8 CROSS,MADHEW A DAGGED,WILLIAM J DAVISSON,DELORES J DESHANE,MICHAEL DEZEEUW,DAVID S DLUHOS,JOHN F DODGE,JUSTIN 0 DONALD LEE BAILEY,JR. DOWELL,DENNIS 0 EFTPS FICA MEDICARE FEDERAL FICA MEDICARE $167.60 $938.11 $198.18 $32.32 $1,003.45 $83.44 $708.35 $327.28 $1,065.71 $11.16 $2.62 $5,131.34 $6,058.92 $1,417.04 $756.88 $728.86 $1,442.90 $92.22 $1,602.78 $119.59 $113.12 $599.27 $916.10 $949.59 $370.00 $97.51 $704.82 $400.00 $300.00 $55.34 $155.14 $902.61 $781.17 $760.28 $707.93 $743.67 $138.99 $88.53 $331.45 $1,541.59 $877.33 $87.27 $226.26 $813.36 $394.33 $266.04 $947.06 $923.82 FORD,ELIZABETH A GENTOSI,MICHAEL P GIBSON,JOHN R GRUBER,NICHOLAS C GUNDERSON,JODY T HANES,DENNIS 0 HARVEY,WILLIAM M HEIMANN,RONALD L HERRICK,ROBERT 0 HORKEY,ROBIN R HOWELL,MADHEW C JOHNSON,WAYNE M KELLER,CHRISTOPHER M LELAND PERKINS LIFE INS PREM. LORBER,MARK D MACK,LINDA M MAPES,TROY M MARCHANT,JOEY L MURPHY-PETERSEN,DEVON M OLSON,SCOD A PATRICK,KEVIN PEARD,WILLIAM F PERKINS,LELAND E PHILLIPS,LARRY J POPP,SHAWN 0 PROEHL,GREGORY J PUTNEY,STEPHEN L RICHARDSON,ELIZABETH A ROBINSON,CLINT H ROBINSON,KIMBERLY A ROYER,TIMOTHY L SCHEDLER,RODNEY A 9 SCHLAEFER,ROGER U SCHMITT,MARK J SCHROEDER,MELANIE L SHELLEY,CHRISTOPHER P SPENCER,JEFFREY A STEINKE,KURT M STEPHENS,CLINT R TIMOTHY ROYER TORGERSON,LISA A VANHORN,JARED A VANPELT,ROBERT T VAN ZEE,DIANNA L WARMOUTH,GEOFFREYJ WATTS,MICHAEL L WEAVER,CHAD E WHITE,DANNY L WILLIAMS,MIKE E WINTERS,TROY S $87.27 $525.42 $245.00 $336.15 $719.55 $271.51 $84.04 $100.00 $239.63 $116.36 $200.40 $731.65 $67.87 $88.65 $83.02 $1,017.49 $386.01 $756.83 ) GRAND TOTAL $48,689.56 Mayor's Report -Mayor Bailey noted that City of Wankee Code Enforcement Officer Dennis Dowell was the City of West Des Moines Employee of the Year in 1991.Mayor Bailey announced that Dick Nesselroad has been selected as the 2001 Citizen of the Year.Mr. Nesselroad is a long time Waukee resident and assists with many organizations including much time spent helping with functions at the Community Center.Mr.Nesselroad hauled the last load of coal taken out of the Waukee coal mine in 1949. 1 Resolution Approving Site Plan for Dr.Kurtz'Dental Office -The Planning &Zoning Commission met at 6:30PM this evening and approved the revised site plan.Tom Woods of Kester Construction stated that the site plan has been revised to include stone on the lower portion of the building."Coins"will be included on the building comers.They intend to use the tile like roof material shown earlier but may change to an asphalt shingle.All V &K comment letter issues have been addressed.Sidewalks will be constructed on Warrior Lane as part of the building construction project.Sidewalks on Venture Drive will be bonded since there is no development east of the dental office at this time.A motion was offered by Watts seconded by Johnson to approve the revised site plan as presented.Mayor Bailey called for a roll call vote. Ayes;Watts,Johnson,Gruber,Berger.Nays;None.Motion approved. THE CITY OF WAUKEE,IOWA RESOLUTION 01-55 1INTHENAMEOFANDBYAUTHORITYOFTHECITYOFWAUKEE,IOWA 10 APPROVING SITE PLAN FOR KURTZ DENTAL BUILDING WHEREAS,Dr.Lisa Kurtz proposes to construct a 4,000 sq.ft.dental office at 85 North Warrior Lane,AND, WHEREAS,a revised site plan has been presented to the City which includes exterior stone and block materials which me consistent with the Waukee City Code,AND, WHEREAS,the Planning &Zoning Commission has reviewed and approved the revised site plan,AND, WHEREAS,the City supports the development of this project, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 16th day of April,2001 that it hereby approves the revised site plan for the Kurtz Dental Building presented to the Council at the April 16,2001 City Council meeting. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYE NAY ABSENT X X X X X Resolution Approving MPO Work Plan and Assessment -Tom Kane Metropolitan Planning Organization Executive Director stated that the assessment for the MPO is staying at $.48 per capita using the 1990 census.At the time the upcoming MPO budget was developed,there was some uncertainty as to whether the 2000 census results would be available for use in the new budget's cost apportionment,The assessment resulting from next budget will be $.60 using the 2000 census figures.Mayor Bailey stated that the City would like MPO help in funding the University Avenue widening.A motion was offered by Berger,seconded by Johnson to approve the MPO Work Plan and assessment.Mayor Bailey called for a roll call vote.Ayes;Berger, Johnson,Watts,Gruber.Nays;None.Motion passed. RESOLUTION 01-56 11 APPROVING METROPOLITAN PLANNING ORGANIZATION WORK PROGRAM AND ASSESSMENT I WHEREAS,the City of Waukee is a member of the Des Moines Area Metropolitan Planning Organization,as organized under Iowa Code Chapter 28E,AND, WHEREAS,annually,the Des Moines Area Metropolitan Planning Organization requests its member governments to approve,by resolution,the Unified Planning Work Program and budget for the Fiscal Year beginning July 1,2001,AND, WHEREAS,the budget to support the Unified Planning Work Program is funded by federal funds and member government assessments,and that the assessment rate is set at $0.48 per capita,by approval of the member governments in 1995,AND, WHEREAS,at least a majority of the Des Moines Are metropolitan Planning Organization member governments must approve the Unified Planning Work Program and budget, NOW THEREFORE BE IT RESOLVED that the Waukee City Council in session this 16th day of April,2001 hereby approves the Des Moines Area Metropolitan Planning Organization Unified Planning Work Program and budget for Fiscal Year 2002,beginning July 1,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson ROLL CALL VOTE X X AYE NAY ABSENT X X X Public Hearing -Rezoning of John &Emily Clark Property,14475 University Avenue from A-I to R-l.Mayor Bailey inquired as to whether any written comments had been received ) on this subject.City Administrator Mark Arentsen stated that none had been received.Mayor Bailey inquired as to whether there were any oral comments to be offered at this time.None were made.A motion was made by Gruber seconded by Berger to close the hearing.Mayor 12 Bailey called for a roll call vote.Ayes;Gruber,Berger,Watts,Johnson.Nays;None.Motion passed. Resolution Approving Rezoning of Clark Property -Duane Kothe stated that he will be moving a house currently located at 12891 University onto this property.A motion was offered by Watts,seconded by Gruber to approve the rezoning.Mayor Bailey called for a roll call vote. Ayes;Watts,Gruber,Berger,Johnson.Nays;None.Motion carried. THE CITY OF WAUKEE,IOWA RESOLUTION 0-57 IN TIlE NAME AND BY THE AUTHORITY OF TIlE CITY OF WAUKEE,IOWA WHEREAS,John and Emily Clark are the owners of the property at 14475 University Avenue, AND, WHEREAS,the Clarks have requested a rezoning of their property to allow for placement of a single family residence on the lot,AND, WHEREAS,the Planning &Zoning Commission recommends the proposed rezoning, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 16th day of April,2001 that it hereby approves the rezoning request. DonaldL.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson ROLL CALL VOTE X X AYE NAY ABSENT X X X Public Hearing Regarding Designation of Expanded Waukee Urban Renewal Area and on Proposed Urban Renewal Plan Amendment.Mayor Bailey inquired as to whether any written 13 had been received on this subject.Arentsen stated none had been received.Mayor Bailey inquired as to whether there were any oral comments to be offered at this time.An audience member stated that the legal description was incorrect,Community Development Director Jody Gunderson stated that this legal description includes only those areas which are being added to the District and does not describe the total District area.Mayor Bailey asked for Gunderson to point out the area being added on the City map.Bailey stated that this issue had been discussed for several months by the Council.A motion was then made by Gruber,seconded by Berger to close the hearing.Mayor Bailey called for a roll call vote.Ayes;Gruber,Berger,Watts, Johnson.Nays;None.Motion passed. Resolution to Declare Necessity and Establish an Urban Renewal Area,Pursuant to Section 403.4 of the Code of Iowa and Approve Urban Renewal Plan Amendment for 2001 Addition to the Waukee Urban Renewal Area.A motion to approve the Plan amendment was offered by Gruber,seconded by Watts.Mayor Bailey called for a mil call vote.Ayes;Gruber, Watts,Johnson,Berger.Nays;None.Motion carried. RESOLUTION NO.01-58 A RESOLUTION TO DECLARE NECESSITY AND ESTABLISH AN URBAN RENEWAL AREA,PURSUANT TO SECTION 403.4 OF THE CODE OF IOWA AND APPROVE URBAN RENEWAL PLAN AMENDMENT FOR 2001 ADDITION TO THE WAUKEE URBAN RENEWAL AREA ]WHEREAS,as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa (the "Urban Renewal Law"),a municipality must adopt a resolution finding that one or more slums,blighted or economic development areas exist in the municipality and that the rehabilitation,conservation,redevelopment,development or combination thereof,of such are or areas is necessary in the interest of the public health,safety or welfare of the residents of the municipality;and WHEREAS,this Council created the Waukee Urban Renewal Area (the "Urban Renewal Area");and WHEREAS,studies have been conducted which show the desirability of expanding the Urban Renewal Area to add and include all the property within the legal description set out in Exhibit A hereto;and WHEREAS,studies found that sufficient need exists to warrant finding the area shown in Exhibit A an economic development area;and WHEREAS,notice of a public hearing by the City Council of the City of Waukee,Iowa, on the question of establishing the area shown in Exhibit A hereto as an urban renewal mea and on a proposed urban renewal plan amendment for the 2001 Addition to the Waukee Urban Renewal Area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa,and the Council has conducted said hearing;and I 14 WHEREAS,the proposed urban renewal plan amendment was submitted to and approved by the Planning and Zoning Commission of the City of Waukee; WHEREAS,copies of the urban renewal plan amendment,notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan amendment were mailed to Dallas County,Van Meter and Waukee Community School Districts and the Des Moines Area Community College;the consultation meeting was held on the 2nd day of April,2001;and responses to any comments or recommendations received following the consultation meeting were made as required by law; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.An economic development area as defined in Chapter 403 of the Code of Iowa,is found to exist in the City of Waukee within the boundaries set out in Exhibit A hereto. Section 2.The area identified in Section 1 hereof is hereby declared to be an urban renewal area,in conformance with the requirements of Chapter 403 of the Code of Iowa,and is hereby designated the 2001 Addition to the Waukee Urban Renewal Area. Section 3.The rehabilitation,conservation,redevelopment,development or a combination thereof,of this area is necessary in the interest of the public health,safety or welfare of the residents of the City of Waukee,Iowa. Section 4.The amendment to the urban renewal plan for the Waukee Urban Renewal Area incorporating this area,attached hereto and made a part hereof,is hereby in all respects approved. Section 5.All resolutions or parts hereof in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved April 15,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk EHIBIT A -Legal Description 15 AMENDMENT TO URBAN RENEWAL BOUNDARIES WAUKEE,IOWA I Walnut TWP,T79N,R26W Add the following: The S 879.53 feet of the W 1,671.75 feet of SW Yo of Section 34 including Centennial Park,a public park; The E 390.94 feet of the S 922.34 feet of the SE '4 of the SW '4 of Section 33. Windfield Commercial Plat 1,an official plat,except Lot 11 of said plat; That part of the Southeast Quarter of Section 26,Township 79 North,Range 26 West of the Fifth P.M.,Waukee,Dallas County,Iowa,more particularly described as follows: Commencing at the Southeast Comer of Section 26,Township 79 North,Range 26 West of the Fifth P.M.;thence N 89°59'46"W along the South line of the SE '4 of said Section 26 for 262.60 feet;thence N 00°00'14"E for 60.00 feet to a point on the Northerly right- of-way line of University Avenue and being the point-of-beginning;thence N 00°22'23"J E for 265.91 feet to a point on the Southerly line of Country Club Meadows,an official plat in Waukee,Dallas County,Iowa;thence S 89°59'01"W along the Southerly line of said plat for 300.08 feet;thence S 00°23'23"W for 265.80 feet to a point on the Northerly right-of-way line of University Avenue;thence S 89°59'46"E along said right- of-way line for 300.16 feet to the point-of-beginning.This parcel contains 1.83 acres. Boone TWP,T78N,R26W Add the following: The S 'h of the S Y2 of Section 7,and the SW Yo of the SW 14 of Section 8,and a part of Section 18 all located N ofl-80 and within the Van Meter Community School District. Street Right-of-Way Add the following: Full right-of-way width of Ashworth Drive except the portion of the right-of-way currently included in the Urban Renewal Area; Laurel Street between Ninth Street and Tenth Street;Maple Street between Seventh Street and Tenth Street;Walnut Street except that portion of the right-of-way currently included in the Urban Renewal Area;Locust Street between Ashworth Drive and Ninth Street;Cherry Street between Fifth Street and Eighth Street;School Street;Denlee Drive;Bel-Aire Drive between Third Street and Warrior Lane;Waukee Avenue between First Street and Third Street; ) 16 Christopher A venue between First Street and Third Street;Corene A venue between First Street and Third Street; Tenth Street between Maple Street and Hickman Road (Highway6);Ninth Street between Locust Street and Ashworth Dri ve;Eight Street between Cherry Street and Ashworth Drive;Seventh Street;Fifth Street between Cherry Street and Locust Street; Fourth Street between south lot line of Lot 1,Estates Plat 1,an official plat and Ashworth Drive; Third Street between Northview Drive and Ashworth Drive;Kaylin Drive between Northview Drive and Ashworth Drive;Second Street between Corene Avenue and Ashworth Drive;First Street between Corene Avenue and Northview Drive. Delete the following: Full right-of-way width of Ute Avenue (R22)located within unincorporated area of Dallas County between 312lh Place and the North line of the S \12 of NW y"of Section 8,T78N,R26W, of the 5th Principal Meridian;and a segment of Ute Avenue located within the unincorporated area of Dallas County between a point 339.6 feet south of the Northwest corner of the NE y"of the SW y"of Section 8,T79N,R26W of the 5th Principal Meridian and a point 397.8 feet North of the Northwest Corner of the NE y"of the SW 1,4 of said Section 8. Donald L.Bailey,Ir.,Mayor Attest: Mark I.Arentsen,City Administrator/Clerk ROLLCALL AYES NAYS ABSENT Nicholas Gruber Marvin Berger Mike Watts Bill Peard Wayne Iohnson x X X X X 17 Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2001 Addition to the Waukee Urban Renewal Are,Pursuant to Section 403.19 of the Code of Iowa Councilman Gruber introduced the Ordinance.A motion was made by Berger seconded by Watts to have the first reading of the Ordinance in title only.Mayor Bailey called for a roll call vote.Ayes;Berger,Watts,Gruber,Johnson.Nays;None.Motion approved.Arentsen read to ordinance in title only.This was followed by a motion by Gruber,seconded by Watts to waive the 2nd and 3n1 reading.Mayor Bailey called for a roll call vote.Ayes;Gruber,Watts, Johnson,Berger.Nays;None.Motion approved.This was followed by a motion by Gruber seconded by Berger to put the Ordinance on its final passed.Mayor Bailey called for a roll call vote.Ayes;Gruber,Berger,Watts,Johnson.Nays;None.Motion approved ORDINANCE NO.2344 AN ORDINANCE PROVIDING FOR THE DIVISON OF TAXES LEVffiD ON TAXABLE PROPERTY IN THE 2001 ADDITION TO THE WAUKEE URBAN RENEWAL AREA,PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA WHEREAS,in 2000,the City Council enacted an ordinance entitled "An Ordinance Providing For the Division Of Taxes Levied On Taxable Property In The Waukee Urban Renewal Area of the City of Waukee,Iowa,Pursuant To Section 403.19 of the Code of Iowa"Pursuant To Section 403.19 of the Code ofIowa";and WHEREAS,pursuant to that ordinance,the Waukee Urban Renewal Area in the City of Waukee was designated a "tax increment area";and 1 WHEREAS,the City council now desires to increase the size of the "tax increment area"by adding additional property; BE IT ENACTED by the council of the City of Waukee,Iowa: Section 1.Purpose.The purpose of this ordinance is to provide for the division of taxes levied on the taxable property in the 2001 Addition to the Waukee Urban Renewal Area of the City of Waukee,Iowa,each year by and for the benefit of the state,city,county,school districts or other laxing districts after the effecti ve dale of this ordinance in order lo create a special fund to pay the principal of and interest on loans,moneys advanced to or indebtedness,including bonds proposed to be issued by the City of Waukee to finance projects in the such area. Section 2.Definitions.For use within this ordinance the following terms shall have the following meanings: "City"shall mean the City of Waukee,Iowa. "County"shall mean the County of Dallas,Iowa. J"Urban Renewal Area Amendment"shall mean the 2001 Addition to the Waukee Urban Renewal Area of the City of Waukee,Iowa,the boundaries of which are set out below,approved by the City council by resolution adopted on the 16th day of April,2001: 18 Section 3.Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area Amendment.After the effective date of this ordinance,the taxes levied on the taxable property in the Urban Renewal Area Amendment each year by and for the benefit of the State of Iowa,the City,the County and any school district or other taxing district in which the Urban Renewal Are Amendment is located,shall be divided as follows: (a)that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area Amendment,as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City certifies to the county Auditor the amount of loans,advances,indebtedness,or bonds payable from the special fund referred to in paragraph (b)below,shall be allocated to and when collected be paid into the fund for the respective taxing district as taxed by or for said taxing district into which all other property taxes are paid.For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban Renewal Area Amendment on the effective date of this ordinance,assessment roll applicable to property in the annexed territory as of January 1 of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban Renewal Area Amendment to include the annexed area,shall be used in determining the assessed valuation of the taxable property in the annexed area. (b)that portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the City to pay the principal of and interest on loans,moneys advanced to or indebtedness,whether funded, refunded,assumed or otherwise,including bonds issued under the authority of Section 403.9(1),of the Code of Iowa,incurred by the City to finance or refinance,in whole or in part,projects in the Urban Renewal Area Amendment, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the taxing district without limitation by the provisions of this ordinance.Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area Amendment exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in subsection (a)of this section,all of the taxes levied and collected upon the taxable property in the Urban Renewal Area Amendment shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes.When such loans,advances,indebtedness,and bonds,if any,and interest thereon,have been paid,all money thereafter received from taxes upon the taxable property in the Urban Renewal Area Amendment shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. ©the portion of taxes mentioned in subsection (b)of this section and the special fund into which that portion shall be paid may be irrevocably pledged by the City for the payment of the principal and interest on loans,advances,bonds issued under the authority of Section 403.9(1)of the Code of Iowa,or indebtedness incurred by the City to finance or refinance in whole or in part projects in the Urban Renewal Area Amendment. 19 (d)as used in this section,the word "taxes"includes,but is not limited to,all levies on an ad valorem basis upon land or real property. )Section 4.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5.Saving 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 6.Effective Date.This ordinance shall be effective after its final passage, approval and publication as provided by law. Passed and approved by the Council of the City of Waukee,Iowa,on the 16th day of April,2001. Donald L.Bailey,Jr.,Mayor Attest: ] Mark J.Arentsen,City Administrator/Clerk Public Hearing Regarding Authorizing and Approving a Single Loan Agreement in the Amount of $950,000,and Providing for the Sale and Issuance of $950,000 General Obligation Corporate Purpose Bonds,Series 2001A,and for the Levy of Taxes to Pay the Same Mayor Bailey asked if the Hickman Road street lighting should be included in this borrowing.Arentsen stated that it is possible that additional funds above the $225,000 allocated in the borrowing may be needed to complete this project.Councilman Watts asked if the $225,000 was the cost of the lights or the amount that would be assessed to property owners. Arentsen stated it was the cost of the lights.Mayor Bailey stated that he expects the rents which the City collects from the other tenants in the City Hall building,estimated at $65,000 per year, to be applied to the debt service on this issue and not be used to fund operating budget items. Arentsen stated that the debt service on this note is just under $100,000 per year.Watts inquired as to whether the City would be paying any back taxes that the owner had requested several months ago.Arentsen stated that there are no back taxes covered in the offer to purchase.A motion was then offered by Johnson,seconded by Watts to close the hearing.Mayor Bailey called for a roll call vote.Ayes;Johnson,Watts,Gruber,Berger.Nays;None.Motion passed. 20 Resolution Authorizing and Approving a Single Loan Agreement in the Amount of $950,000,and Providing for the Sale and Issuance of $950,000 General Obligation Corporate Purpose Bonds,Series 2001A,and for the Levy of Taxes to pay the Same Scott Sanders of Public Financial Management stated that the sale of the Bonds occurred earlier today.There were four participants in the sale.The low bid was submitted by Bankers Bank and Waukee State Bank with au interest rate at 4.77%.Mayor Bailey asked if there was a prepayment penalty.Sanders stated that the bonds are callable without penalty after eight years. A motion was offered by Gruber seconded by Berger to approve the Resolution.Mayor Bailey called for a roll call vote.Ayes;Gruber,Berger,Johnson,Watts.Nays;None.Motion approved. RESOLUTION NO.01-59 AUTHORIZING AND APPROVING A SINGLE LOAN AGREEMENT IN THE AMOUNT OF $950,000,AND PROVIDING FOR THE SALE AND ISSUANCE OF $950,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS,SERIES 2001A, AND FOR THE LEVY OF TAXES TO PAY THE SAME WHEREAS,pursuant to the provisions of Section 384.24A of the Code of Iowa and in lieu of calling an election thereon,notice was duly published and healing has been held on the proposal of the City of Waukee,Iowa (the"City"),to contract indebtedness and enter into a loan agreement in the principal amount of $700,000 for the purpose of paying the cost,to that extent, of the acquisition of an office building for use as a city hall (the "City Hall Loan Agreement"); and no petition being filed with the City Clerk asking that the question of entering into the City Hall Loan Agreement be submitted to the qualified electors of the City;the City has determined to enter into the City Hall Loan Agreement;and WHEREAS,thereafter the City proposed to enter into a loan agreement in the principal amount of $250,000 pursuant to the provisions of Section 384.24A of the Code of Iowa for the purpose of paying the cost,to the extent,of the acquisition,construction,improvement and installation of street lighting fixtures,connections,and facilities;and the acquisition and installation of an emergency warning sirens (the "Corporate Purpose Loan Agreement"),and has published notice of such proposal and has held a hearing thereon;and WHEREAS,pursuant to Section 384.28 of the Code of Iowa,the City Council determined to combine the City Hall Loan Agreement and the Corporate Purpose Loan Agreement and enter into a single loan agreement in the amount of $950,000 (hereinafter referred to as the "Loan Agreement"),and to advertise the sale of General Obligation Corporate Purpose Bonds,Series 2001A (the "Bonds"),in the principal amount of $950,000 to be issued in evidence of the City's obligation under the Loan Agreement; WHEREAS,pursuant to advertisement of sale,bids for the purchase of the Bonds were received and canvassed on behalf of the City and the substance of such bids noted in the minutes; and,upon final consideration of all bids,the bid of ,is the best,such bid proposing the lowest interest cost to the City; NOW,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa, as follows: 21 Section 1.The City shall enter into the Loan Agreement with the aforesaid bidder,as lender (the "Lender"),in substantially the form as will be placed on file with the Council, providing for a loan to the City in the principal amount of $950,000,at a discount of $,for the purpose or purposes set forth in the preamble hereof. The Mayor and City Clerk are herby authorized and directed to sign the Loan Agreement on behalf of the City,and the Loan Agreement is hereby approved. Section 2.The bid of the Lender referred to in the preamble is hereby accepted,and the Bonds,dated April Ifi,2001,maturing on June I in each of the years,in the principal amounts, in the denomination of $5,000 each or any integral multiply thereof,and bearing interest at the respective rates as follows: Principal Interest Rate Principal Interest Rate Year Amount Per Annum Year Amount Per Annum 2003 $50,000 -_%2010 $70,000 --% 2004 $55,000 -_%2011 $70,000 --% 2005 $55,000 -_%2012 $75,000 --% 2006 $55,000 2013 $80,000 --% 2007 $60,000 -_%2014 $80,000 --% 2008 $60.000 -_%2015 $85,000 --%I2009$65,000 -_%2016 $90,000 --%) are hereby awarded to the Lender at the price specified in such bid,together with accrued interest,and the Bonds are hereby authorized to be issued. Section 3.The form of agreement of sale (the "Sale Agreement")of the Bonds to the Lender is hereby approved,and the Mayor and City Clerk are hereby authorized to execute the Sale Agreement for and on behalf of the City. Bankers Trust Company,N.A.,Des Moines,Iowa,is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the "Registrar"or the "Paying Agent".The City shall enter into an agreement (the "Registrar/Paying Agent Agreement")with the Registrar,in substantially the form as has been placed on file with the Council;the Mayor and City Clerk are hereby authorized and directed to sign the RegistrarlPaying Agent Agreement on behalf of the City;and the Registrar/Paying Agent Agreement is hereby approved. The City reserves the right to prepay part or all of the Bonds maturing in each of the years 2010 to 2016,inclusive,prior to and in any order of maturity on June 1,2009,or on any date thereafter upon terms of par and accrued interest.If less than all of the Bonds of any like maturity are to be redeemed,the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot.The Bonds may be called in part in one or more units of $5,000.If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed,the Registrar will issue and deliver to the registered owner thereof,upon surrender of ) 22 such original Bond,a new Bond or Bonds,in any authorized denomination,in a total aggregate principal amount equal to the unredeemed balance of the original Bond.Notice of such redemption as aforesaid identifying the Bond or Bonds (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 30 nor more than 60 days prior to such redemption date.All of such Bonds as to which the City reserves and exercises the light of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided,shall cease to bear interest on the redemption date. All of the interest on the Bonds shall be payable semiannually on the first day of June and December in each year,commencing December 1,2001.Interest shall be calculated on the basis of a 360-day year comprised of twelve 3D-day months.Payment of interest on the Bonds shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid by check or draft mailed to the registered owners at the addresses shown on such registration books.Principal of the Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presentation and surrender of the Bond or bonds at the office of the Paying Agent. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk and shall have the City's seal impressed or printed thereon,and shall be fully registered Bonds without interest coupons.In case any officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes,the same as if such officer had remained in office until delivery. The Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar. The Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar,and after such registration,payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns.Each Bond shall be transferable only upon the registration books of the City upon presentation to the Registrar,together with either a written instrument of transfer satisfactory to the Registrar or the assignment from thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 4.Notwithstanding anything above to the contrary,the Bonds shall be issued initially as Depository Bonds,with one fully registered Bond for each maturity date,in principal amounts equal to the amount of principal maturing on each such date,and registered in the name of Cede &Co.,as nominee for The Depository Trust Company,New York,New York ("DTC"). On original issue,the Bonds shall be deposited with DTC for the purpose of maintaining a book- entry system for recording the ownership interests of its participants and the transfer of those interests among its participants (the "Participants").In the event that DTC determines not to 23 continue to act as securities depository for the Bonds or the City determines not to continue the book-entry system for recording ownership interests in the Bonds with DTC,the City will discontinue the book-entry system with DTC,the City will discontinue the book-entry system with DTC.If the City does not select another qualified securities depository to replace DTC (or a successor depository)in order to continue a book-entry system,the City will register and deliver replacement bonds in the form of fully registered certificates,in authorized denominations of $5,000 or integral multiples of $5,000,in accordance with instructions from Cede &Co.,as nominee for DTC.In the event that the City identifies a qualified securities depository to replace DTC,the City will register and deliver replacement bonds,fully registered in the name of such depository,or its nominee,in the denominations as set forth above,as reduced from time to time prior to maturity in connection with redemptions or retirements by call or payment,and in such event,such depository will then maintain the book-entry system for recording ownership interests in the Bonds. ! 1 Ownership interest in the Bonds may be purchased by or through Participants.Such Participants and the persons for whom they acquire interests in the Bonds as nominees will not receive certificated Bonds,but each such Participant will receive a credit balance in the records of DTC in the amount of such Participant's interest in the Bonds,which will be confirmed in accordance with DTC's standard procedures.Each such person for which a Participant has an interest in the Bonds,as nominee,may desire to make arrangements with such Participant to have all notices of redemption or other communications of the City to DTC,which may affect such person,forwarded in writing by such Participant and to have notification made of all interest payments. JTheCitywillhavenoresponsibilityorobligationtosuchParticipantsorthepersonsfor whom they act as nominees with respect to payment to or providing of notice for such Participants or the persons for whom they act as nominees. As used herein,the term "Beneficial Owner"shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Bonds. DTC will receive payments from the City,to be remitted by DTC to the participants for subsequent disbursement to the Beneficial Owners.The ownership interest of each Beneficial Owner in the Bonds will be recorded on the records of the participants whose ownership interest will be recorded on a computerized book-entry system kept by DTC. When reference is made to any action which is required or permitted to be taken by the Beneficial Owners,such reference shall only relate to those permitted to act (by statute, regulation or otherwise)on behalf of such Beneficial Owners for such purposes.When notices are given,they shall be sent by the City to DTC,and DTC shall forward (or cause to be forwarded)the notices to the Participants so that the Participants can forward the same to the Beneficial Owners. Beneficial Owners will receive written confirmations of their purchases from the Participants acting on behalf of the Beneficial Owners detailing the terms of the Bonds acquired. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and the Participants who act on behalf of the Beneficial Owners.Beneficial Owners will not receive certificates representing their ownership interest in the Bonds,except as specifically ) 24 provided herein.Interest and principal will be paid when due by the City to DTC,then paid by DTC to the Participants and thereafter paid by the Participants to the Beneficial Owners. Section 5.The bonds shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DALLAS CITY OF WAUKEE GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2001A No.$.~~~- RATE MATURITY DATE Bond DATE CUSIP April 15,2001 The City of Waukee (the "City"),in the County of Dallas,State ofIowa,for value received,promises to pay on the maturity date of this Bond to or registered assigns,the principal sum of DOLLARS in lawful money of the United States of America upon presentation and surrender of this Bond at the office of Bankers Trust Company,N.A.,Des Moines,Iowa (hereinafter referred to as the "Registrar"or the "Paying Agent"),with interest on said sum,until paid,at the rate per annum specified above from the date of this bond,or from the most recent interest payment date on which interest has been paid,on June 1 and December 1 of each year,commencing December 1, 2001,except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto.Interest on this bond is payable to the registered owner appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date,and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books.Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Registrar. This bond is one of a series of General Obligation Corporate Purpose bonds,Series 200 lA,(the "Bonds")issued in the aggregate principal amount of $950,000 by the City to evidence its obligation under a certain loan agreement,dated as of April 15,2001 (the "Loan Agreement"),entered into by the City for the purpose of providing funds to pay costs of the acquisition of an office building for use as a city hall;the acquisition,construction,improvement 25 and installation of street lighting fixtures,connections,and facilities;and the acquisition and installation of an emergency waming sirens.)The Bonds are issued pursuant to and in strict compliance with the provisions of Chapter 384 and Chapter 76 of the Code of Iowa,2001,and all other laws amendatory thereof and supplemental thereto,and in conformity with a resolution of the City Council authorizing and approving the Loan Agreement and providing for the issuance and securing the payment of the Bonds (the "Resolution"),and reference is hereby made to the Resolution and the Loan Agreement for a more complete statement as to the source of payment of the Bonds and the rights of the owners of the Bonds. The City reserves the right to prepay part or all of the Bonds maturing in each of the years 2010 to 2016,inclusive,prior to and in any order of maturity on June 1,2009,or on any date thereafter upon terms of par and accrued interest.If less than all of the Bonds of any like maturity are to be redeemed,the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot.The bonds may be called in part in one or more units of $5,000.If less than the entire principal amount of any bond in a denomination of more than $5,000 is to be redeemed,the Registrar will issue and deli vel.'to the registered owner thereof,upon surrender of such original Bond,a new Bond or Bonds,in any authorized denomination,in a total aggregate principal amount equal to the unredeemed balance of the original Bond.Notice of such redemption as aforesaid identifying the Bond or Bonds (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 30 nor more than 60 days prior to such redemption date.All of such Bonds as to which the City reserves and exercises the light 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. J This Bond is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the City in the office of the Registrar,after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Registrar,together with either a written instrument of transfer satisfactory to the Registrar or the assignment from hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The City,the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof,premium,if any,and interest due hereon and for all other purposes,and the City,the Registrar and the Paying Agent shall not be affected by any notice to the contrary. And It Is Hereby Certified and Recited that all acts,conditions and things required by the laws and Constitution of the State of Iowa,to exist,to be had,to be done and performed precedent to and in the issue of this Bond were and have been properly existent,had,done and performed in regular and due form and time;that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the City for the payment of the principal of and interest on this Bond as the same will respectively become due;that the faith, credit,revenues and resources and all the real and personal property of the City are irrevocably pledged for the prompt payment hereof,both principal and interest;and that the total I 26 indebtedness of the City,including this Bond,does not exceed any constitutional or statutory limitations. IN TESTIMONY WHEREOF,the City of Waukee,Iowa,by its City Council,has caused this Bond to be sealed with the facsimile of its official seal,to be executed with the duly authorized facsimile signature of its Mayor and attested with the duly authorized facsimile signature of its City Clerk,all as of April 15,2001. CITY OF WAUKEE,IOWA By _ Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Registration Date:_ REGISTRATAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. BANKERS TRUST COMPANY,N.A. Des Moines,Iowa Registrar Byl _ Authorized Officer ABBREVIATIONS The following abbreviations,when used in this Bond,shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM TENENT as tenants in common UTMA,_ as tenants by the entireties 27 JTTEN as joint tenants with right of survivorship and not as tenants in common (Custodian) As Custodian for _ (Minor) under Uniform Transfers to Minors Act 1 (State) Additional abbreviations may also be used though not in the list above. ASSIGNMENT For valuable consideration,receipt of which is hereby acknowledged,the undersigned assigns this Bond to (please print or type name and address of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE And does hereby irrevocably appoint ,Attorney,to transfer this Bond on the books kept for registration thereof with full power of substitution. Date:_ Signature guaranteed: (Signature guarantee must be provided in accordance with the prevailing standards and procedures of the registrar and Transfer Agent.Such standards and procedures may require signatures to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.) NOTICE:The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular,without alteration or enlargement or any change whatever. Section 6.The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible,and thereupon they shall be delivered to the Registrar for registration,authentication and delivery to the Lender,upon receipt of the loan proceeds,and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects.j 28 Section 7.For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same become due,there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds are outstanding,a tax sufficient for that purpose,and in furtherance of this provision,but not in limitation thereof,there is hereby levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years,to-wit: For collection in the fiscal year beginning July 1,2002 sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2003, sufficient to produce the net annual sum of $_ For collection in the fiscal year beginning July 1,2004 sufficient to produce the net annual sum of $_ For collection in the fiscal year beginning July 1,2005, sufficient to produce the net annual sum of $_ For collection in the fiscal year beginning July 1,2006, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2007, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2008, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2009, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2010, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2011, sufficient to produce the net annual sum of $._ For collection in the fiscal year beginning July 1,2012, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2013, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2014, sufficient to produce the net annual sum of $,_ For collection in the fiscal year beginning July 1,2015, 29 sufficient to produce the net annual sum of $._ Section 8.A certified copy of this resolution shall be filed with the county Auditor of Dallas County,and said Auditor is hereby instructed to enter for collection and assess the tax hereby authorized.When annually entering such taxes for collection,the County Auditor shall include the same as a putt of the tax levy for Debt Service Fund purposes of the City and when collected,the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever.Any amount received by the City as accrued interest on the Bonds shall be deposited into such special account and used to pay interest due on the Bonds on the first interest payment date. Section 9.The interest or principal and both of them falling due in any year or years shall,if necessary,be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected,reimbursement shall be made to such current funds in the sum thus advanced. The City hereby pledges the faith,credit,revenues and resources and all of the real and personal property of the City for the full and prompt payment of the principal of and interest on the Bonds. Section 10.It is the intention of the City that interest on the Bonds 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 J 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 the applicable future laws,regulations,published rulings and COUltdecisions as may be necessary to insure that the interest on the Bonds 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 Bonds as "Qualified Tax Exempt Obligations"as that term is used in Section 265(b)(3)(B)of the Internal Revenue Code. Section 11.Continuing Disclosure.Continuing Disclosure. (a)Purpose and Beneficiaries.To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "SEC")under the Securities Exchange Act of 1934 (17 C.F.R.§240.15c2-12),relating to continuing disclosure (as in effect and interpreted ) from time to time,the "Rule"),which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the . Owners (as hereinafter defined)from time to time of the outstanding Bonds.The City is the only "obligated person'with respect to the Bonds within the meaning of 30 the Rule for purposes of identifying the entities with respect to which continuing disclosure must be made. Currently,the City is compliant with its Continuing Disclosure requirements.However, the City inadvertently failed to comply with previous undertakings under the Rule with respect to its Series 1998 and 1999 General Obligation Bonds.The required Annual Reports were filed as of April 2001,and the failure to timely file has been reported in accordance with the Rule.The City has implemented procedures to assure future compliance. If the City fails to comply with any provisions of this section,any person aggrieved thereby,including the Owners of any outstanding Bonds,may take whatever action at law or in equity appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section,including an action for a writ of mandamus or specific performance,Notwithstanding anything to the contrary contained herein,in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section,"Owner"or "Bondowner"means,with respect to a Bond,the registered owner or owners thereof appearing in the registration records maintained by the Registrar or any "Beneficial owner"(as hereinafter defined)thereof,if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar.As used herein, "Beneficial Owner"means,with respect to a Bond,any person or entity which (i)has the power,directly or indirectly,to vote or consent with respect to,or to dispose of ownership of,such Bond (including persons or entities holding Bonds through nominees,depositories or other intermediaries),or (b)is treated as the owner of the Bond for federal income tax purposes. (b)InfOlmation To Be Disclosed.The City will provide,in the manner set forth in subsection (c)hereof,either directly or indirectly through an agent designated by the City,the following information as the following times: (1)On or within 270 days after the end of each fiscal year of the City, commencing with the fiscal year ending June 30,2001,the following financial information and operating data with respect to the City (the "Disclosure Information") (A)The audited financial statements of the City for such fiscal year,accompanied by the audit report and opinion of the accountant or government auditor relating thereto,as permitted or required by the laws of the State of Iowa,which financial statements shall contain balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended,showing in comparative form such figures for the preceding fiscal year of the City,prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board or as otherwise provided under Iowa law,as in effect from time to time,or if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City,noting the discrepancies there from and the effect thereof, 31 and certified as to accuracy and completeness in all material respects by the fiscal officer of the City;and )(B)To the extent not included in the financial statements referred to in paragraph (A) hereof,information of the type set forth below,which information may be unaudited,but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge,which certification may be based on the reliability of information obtained from governmental or other third party sources: City Property Values Trend of Valuations Larger Taxpayers Direct Debt Indirect General Obligation Debt Debt Ratios Tax Rates Tax Levies and Tax Collections jNotwithstandingtheforegoingparagraph,if the audited financial statements are not available by the date specified,the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and,within 10 days after the receipt thereof,the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference,if it is updated as required hereby,from other documents,including official statements,which have been submitted to each of the repositories hereinafter referred to under subsection (b)or the SEC.If the document incorporated by reference is a final official statement,it must be available from the Municipal Securities Rulemaking Board.The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If ally part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued,such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect;provided,however,if such operations has been replaced by other City operations with respect to which data is not included in the Disclosure Information and the City determines that certain specified data regarding such J replacement operations would be a Material Fact (as defined in paragraph (3)hereof), then,from and after such determination,the Disclosure Information shall include such additional specified data regarding the replacement operations. 32 If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1)or subsection (d),then the City shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary,an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2)In a timely manner,notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A)Principal and interest payment delinquencies; (B)Non-payment related defaults; (C)Unscheduled draws on debt service reserves reflecting financial difficulties; (D)Unscheduled draws on credit enhancements reflecting financial difficulties; (E)Substitution of credit or liquidity providers,or their failure to perform; (F)Adverse tax opinions or events affecting the tax-exempt status of the security; (G)Modifications to rights of security holders; (H)Bond calls; (I)Defeasances; (J)Release,substitution,or sale of property securing repayment of the securities; and (K)Rating changes. As used herein,a "Material Fact"is a fact as to which a substantial likelihood exists that a reasonable prudent investor would attach important thereto in deciding to buy,hold or sell a Bond or,if not disclosed,would significantly after the total information otherwise available to an investor from the Official Statement,information disclosed hereunder or information generally available to the public.Notwithstanding the foregoing sentence,a "Material Fact"is also an event that would be deemed "material"for purposes of the purchase,holding or sale of a Bond within the meaning of applicable federal securities laws,as interpreted at the time of discovery of the occurrence of the event. (3)In a timely manner,notice of the occurrence of any of the following events or conditions: (A)the failure of the City to provide the Disclosure Information required under paragraph (b)(1)at the time specified thereunder; (B)the amendment or supplementing of this section pursuant to subsectioin (d),together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C)the termination of the obligations of the City under this section pursuant to subsection (d); 33 (0)any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared;and I (E)any change in the fiscal year of the City. (C)Manner of Disclosure.The City agrees to make available the information desctibed in subsection (b)to the following entities by telecopy,ovemight delivery,mail or other means,as appropriate; (1)the information desctibed in paragraph (1)of subsection (b),to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Iowa as contemplated by the Rule (the "State Depository"),if any; (2)the information desctibed in paragraphs (2)and (3)of subsection (b),to the Municipal Securities Rulemaking Board and to the State Depository,if any;and (3)the information described in subsection (b),to any rating agency then maintaining a rating of the Bonds and,at the expense of such Bondowner,to any Bondowner who requests in writing such information,at the time of transmission under paragraphs (1)or (2)of this subsection (c),as the case may be,or,if such information is transmitted with a subsequent time of release,at the time such information is to be released.) (d)Term;Amendments;Interpretation. (1)The covenants of the City in this section shall remain in effect so long as any Bonds are outstanding.Notwithstanding the preceding sentence,however,the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that,because of legislative action or final judicial or administrative actions or proceedings,the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds or securities firms recommending the Bonds to prospective purchasers while the Bonds are outstanding to be in violation of the Rule or other applicable requirements of the securities Exchange Act of 1934,as amended,or any statutes or laws successory thereto or amendatory thereof. (2)This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time,without notice to (except as provided in paragraph (C)(3)hereof)or the consent of the Owners of any Bonds,by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel,who may rely on certificates of the City and others and the opinion may be subject to customary qualifications,to the effect that:(i)such amendment or supplement (a)is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, ) 34 nature or status of the City or the type of operations conducted by the City,or (b)is required by,or better complies with,the provisions of paragraph (b )(5)of the Rule;(ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b )(5)of the Rule at the time of the primary offering of the Bonds,giving effect to any change in circumstances applicable under clause (ii)(a)and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering;and (iii)such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended,the City agrees to provide, contemporaneously with the effecti veness of such amendment,an explanation of the reasons for the amendment and the effect,if any,of the change in the type of financial information or operating data being provided hereunder. (3)This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b )(5)of the Rule. Section 12 All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved April 16,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLLCALL AYES NAYS ABSENT Nicholas Gruber Marvin Berger Mike Watts Bill Peard Wayne Johnson x X X X X Public Hearing On Ordinance to Establish Fees Applicable to the University Avenue 35 Trunk Sewer Connection Fee District Mayor Bailey inquired as to whether any written comments had been received on this matter.Arentsen stated that no written comments had been received.Mayor Bailey inquired as to whether anyone had any oral comments to offer at this time.Mary White,670 Boone Drive,asked if any property owners were individually notified outside of the public notice printed in the newspaper.Arentsen stated that there were not notifications to individual property owners.Mayor Bailey asked if individual notification was a legal requirement.City Attorney Paul Huscher stated that individual notification was not required.Attorney Huscher stated that property owners were previously notified when the enabling ordinance for this issue was adopted.Councilman Watts asked what a residential connection fee was.City Engineer Miklas Bredis stated that the fee depends on the property location.Properties in the western portion of the district pay less than the eastern properties. Mayor Bailey stated that the taxpayers have funded the payments on the loan for this issue since connections fees are payable only as land develops.Any payments received in excess of what is needed to fund this note should be reimbursed to the General Fund.A motion was then offered by Gruber seconded by Johnson to close the public hearing.Mayor Bailey called for a roll call vote.Ayes;Gmber,Johnson,Berger,Watts.Nays;None.Motion approved. 1 Ordinance Establishing Fees Applicable to University Avenue Trunk Sewer Connection Fee District Attorney Huscher stated that the City needs to establish the interest rate applicable to future connection fee payments.Attorney Robert Josten stated that 8%or 9%was a normal rate for this purpose.The maximum available is 9%.Mayor Bailey recommended using 9%. Gruber introduced ordinance.A motion was made by Johnson seconded by Watts to have the first reading of the ordinance in title only.Mayor Bailey called for a roll call vote.Ayes; Johnson,Watts,Berger,Gruber.Nays;None.Motion approved.Arentsen read the ordinance in title only stating the interest rate at 9%.Mayor Bailey asked that this issue be placed on the next agenda for further consideration. I Public Hearing On ordinance to Establish Fees Applicable to the University A venue Trunk Sewer Eastern Area Connection Fee District Mayor Bailey asked if any written comments had been received on this issue.Arentsen stated no.Mayor Bailey asked if there were any oral comments from the audience.None were offered.Mayor Bailey asked if all the fees for this area had been collected.Arentsen stated that he was not sure but felt the ordinance should be adopted to cover fees for this area regardless of when they were collected.A motion was then made by Gruber,seconded by Johnson to close the hearing.Mayor Bailey called for a roll call vote.Ayes;Gruber,Johnson,Berger,Watts.Nays;None.Motion approved. Ordinance Establishing Fees Applicable to the University Avenue Eastern Area Connection Fee District Councilman Johnson stated that this ordinance should also have an interest rate set at 9%.Councilman Gruber introduced the ordinance.A motion was then offered by Gruber seconded by Johnson to have the first reading in title only.Mayor Bailey called for a roll call vote.Ayes;Gruber,Johnson,Watts,Berger.Nays;None.Motion approved.Arentsen read the ordinance in title only indicating that the interest rate applicable to this ordinance will be 9%. Public Hearing Regarding Proposed Annexation Moratorium Agreement with the City of Urbandale Mayor Bailey asked if any written comments had been received on this matter. Arentsen stated no.Mayor Bailey asked if there were any oral comments.Mayor Bailey asked Gunderson to show the proposed moratorium line on the City map.No comments were offered. A motion was then made by Johnson,seconded by Berger to close the hearing.Mayor Bailey :1 36 called for a roll call vote.Ayes;Johnson,Berger,Watts,Gruber.Nays;None.Motion approved. At this point Mayor Bailey briefly excused himself from the meeting and asked Mayor Pro-Tern Johnson to chair the meeting until he returned. Resolution Approving the Proposed Annexation Moratorium Agreement with the City of Urbandale A motion was offered by Gruber seconded by Berger to approved the agreement. Mayor Pro-Tern Johnson called for a roll call vote.Ayes;Gruber,Berger,Watts,Johnson. Nays;None.Motion approved. RESOLUTION 01-60 APPROVING ANNEXATION MORATORIUM AGREEMENT WITH THE CITYOF URBANDALE WHEREAS,the City of Waukee and City of Urbandale are growing communities on the western side of the Des Moines metropolitan area,AND, WHEREAS,the two Cities wish to continue and enhance the cooperative relationship which currently exists between them,AND, WHEREAS,approving the proposed annexation moratorium agreement will eliminate a competitive atmosphere which could develop regarding properties which are close to the borders of the two communities,AND, WHEREAS,the communities agree that development pressure in the area covered by the agreement will not occur for at least several years, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 16th day of April,2001 that it hereby approves the proposed annexation moratorium agreement with the City of Urbandale. Mayor Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Nicholas C.Gruber Marvin Berger ROLL CALL VOTE X X AYE NAY ABSENT 37 Bill Peard Mike Watts Wayne Johnson x ]x X ReceivelFile Report on Warning Sirens Councilman Johnson asked about the map in the agenda packet.Councilman Gruber stated that the existing sirens can be expanded from six cells to ten cells.Councilman Watts stated that he had talked to Chief Phillips and the Chief suggested that another siren should be added at Centennial Park.JelTY Steele asked why he did not hear the sirens during the storms this past weekend.Mayor Bailey explained that the batteries in two of the sirens were weak and did not activate the siren.These have now been repaired.Councilman Gruber stated that the sirens will be tested weekly and that there are now extra batteries on hand.After further discussion a motion was offered by Berger seconded by Watts to receive/file the report.Mayor Bailey called for a roll call vote.Ayes;Berger,Watts, Gruber,Johnson.Nays;None.Motion approved. Motion Approving Sidewalk Construction Timetable Miklas Bredis referred people to the memo he prepared establishing the timetable.He stated that if several special Council meetings were held in the coming months,the sidewalks in the First StreetlBellAire area would be completed by the time school starts.A string line showing the location of the sidewalks has been set.The sidewalk location will be reviewed with the property owners to determine if any trees or other items are in the way and what will be done in those cases.A motion was offered by Gruber seconded by Watts to approve the timetable as submitted.Mayor Bailey called for a roll 1 call vote.Ayes;Gruber,Watts,Berger,Johnson.Nays;None.Motion approved.J Resolution Approving Selection of Audit Firm to Perform City Financial Audits for FY 2001,2002 and 2003 Mayor Bailey stated that two proposals for audit work had been received, one from the Auditor of the State of Iowa and one from Denman &Company.Mayor Bailey stated that he felt the State Auditor's Office had provided good service and because of that the City should accept the proposal submitted by the State Auditor.Gruber stated that the proposal submitted by Denman was $30,000 ($10,000 per year)less than the State Auditor and the City should accept the Denman proposal.He stated that the City of Ankeny and Ankeny Schools had used Denman for many years.Councilman Berger stated that the State Auditor's Office has a lot of work which contributed to the late deli very of the FY 2000 audit report,Mayor Bailey asked City Treasurer Linda Burkhart who she would recommend.She stated that it in her opinion it would be desirable to occasionally change audit films.Mayor Bailey asked if the change in staff referred to in the State's proposal would accomplish the change issue.Burkhart stated that the State would likely still use many of the same procedures as they have with the existing staff. Councilman Johnson stated that even if Denman billed for additional time,there was still a $10,000 per year difference between the two proposals.This would allow for a fair amount of additional work if needed.A motion was then made by Gruber to approve the proposal submitted by Denman &Company.Johnson asked if adopting the motion would lock the City into Denman's proposal.Arentsen stated that his recommendation would be for the Council to recommend one of the two firms.If the recommendation would be for Denman,then the City I should negotiate a contract with Denman for the Council's further consideration.Gruber amended his motion to direct the staff to develop an agreement with Denman.Mayor Bailey asked if this agreement would allow the City to discontinue using Denman if the City was not satisfied.Arentsen stated that would be one of the components to the agreement.Johnson then 38 seconded Gruber's motion.Mayor Bailey called for a roll call vote.Ayes;Gruber,Johnson, Berger,Watts.Nays;None.Motion carried. RESOLUTION 01·61 DESIGNATING DENMAN &COMPANY,LLP AS THE CITY AUDITOR FOR FISCAL YEARS 2001,2002 AND 2003. WHEREAS,the City of Waukee contract with the Auditor of State for audit services has expired,AND, WHEREAS,the City of Waukee has requested proposals for provision of audit services,AND, WHEREAS,the City received two responses to its request,AND, WHEREAS,City staff has reviewed the responses and recommends that the audit contract be awarded to Denman &Company,LLP, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 16th day of April,2001 that City staff is hereby directed to develop an agreement with Denman & Company for provision of City audit services for Fiscal Years 2001,2002 and 2003. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson ROLL CALL VOTE X X AYE NAY ABSENT X X X Resolution Approving Annexation of Dennis and Marilyn Dowell Property A motion was offered by Watts seconded by Gruber to approve the Resolution.Mayor Bailey called for a roll call vote.Ayes;Watts,Gruber,Johnson,Berger.Nays;None.Motion approved. RESOLUTION 01·62 RESOLUTION ASSENTING TO THE VOLUNTARY ANNEXATION OF THE DENNIS AND MARILYN DOWELL PROPERTY 39 WHEREAS,the City of Waukee,Dallas County,State of Iowa is a duly organized municipal corporation,AND, WHEREAS,there has been presented to the Waukee City Council an Application for Annexation,as required by Section 368.7,Code of Iowa,as amended,executed by Dennis and Marilyn Dowell,the owners of said real estate to be annexed,AND, WHEREAS,said real estate is adjacent to the existing City limits of the City of Waukee,Iowa, AND, WHEREAS,the City of Waukee desires to annex said territory upon the Application heretofore presented, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 16th day of April,200lthat the Application for Annexation of the Dennis and Marilyn Dowell property at 3393 Ute Avenue is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to immediately file this resolution with the Dallas County Auditor. JDonaldL.Bailey,Jr.,Mayor Attest; Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYE NAY ABSENT X X X X X Motion to Discuss Site Plan Guidelines for Planning &Zoning Commission Councilman Watts stated that the City should be establishing guidelines for the Hickman corridor since we are seeing more projects in that area.Arentsen stated that he and Gunderson would be meeting with Gary Lazano of RDG Crose Gardner Shukert about their recommendations for this area on I April 25.There would be a recommendation to the Planning &Zoning Commission and the City Council following the 25th meeting.Johnson stated that the Commission and Council should meet to jointly discuss this matter.Johnson made a motion directing the staff to develop a point system for use in evaluating projects along the Hickman corridor,This would then be used as a 40 basis for a meeting with the Planning &Zoning Commission preferably in May.Watts seconded the motion.Mayor Bailey called for a roll call vote.Ayes;Johnson,Watts,Berger,Gruber. Nays;None.Motion approved. Ordinance Adding Section 305 to the Waukee Municipal Code -Sign Regulations Gruber introduced the Ordinance.A motion was made by Watts seconded by Berger to have the first reading of the ordinance in title only.Mayor Bailey called for a roll call vote.Ayes;Watts, Berger,Gruber,Johnson.Nays;None.Motion approved.Arentsen read the Ordinance in title only.A motion was then offered by Gruber seconded by Berger to waive the 2nd and 3rd readings.Mayor Bailey called for a roll call vote.Ayes;Gruber,Berger,Watts,Johnson. Nays;None.Motion approved.A motion was then made by Gruber seconded by Johnson to put the Ordinance on its final passage.Mayor Bailey called for a roll call vote.Ayes;Gruber, Johnson,Berger,Watts.Nays;None.Motion approved. ORDINANCE NO 2343 AN ORDINANCE UNDER CHAPTER 305,WAUKEE MUNICIPAL CODE, ESTABLISHING A SIGNAGE ORDINANCE,PROVIDING FOR THE ADMlNISTRATION AND ENFORCEMENT THEREOF,AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONFLICT THEREWITH. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, IOWA: Section 305.1.Title.This Ordinance shall be known and may be cited and referred to as the "Sign Ordinance"of the City of Waukee,Iowa,and shall be referred to herein as "this ordinance." Section 305.2.Definitions.For the purpose of this ordinance certain terms and words are hereby defined.Words used in the present tense shall include the future,the singular number shall include the plural and the plural number includes the singular;the word "shall"is mandatory,and the word "may" is permissive;the word "person"includes a film,association,organization, partnership,trust,estate,company,or corporation as well as an individual. 1.Sign:Any device designed to inform or attract the attention of persons not on the premises on which the sign is located;provided, however,that the following shall not be included in the application of the regulations herein: A.Signs not exceeding one (1)square foot in area and bearing only property numbers,post office box numbers,names of occupants of premises,or other identification of premises not having commercial connotations; B.Flags and insignia of any government except when displayed in connection with commercial promotion; 41 C.Legal notices;identification,informational or directional signs erected,approved or required by govemmental bodies; D.Integral,decorative or architectural features of buildings, except letters,trademarks,moving parts or moving lights; E.Signs directing and guiding traffic and parking on private property,and bearing no advertising matter;not exceeding four (4) square feet in area. 2.Sign Area:The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed.Frames and structural members not bearing advertising matter shall not be included in computation of the surface area,except where such frames and structural members are used as an integral primary or subsidiary portion of the graphic,literal,or numerical display,such as forming a picture frame to facilitate continuity or providing contrasts to emphasize the intended purpose of the sign. 3.Sign,Exterior;A sign which directs attention to a business,profession, service,product or activity sold or offered upon the premises where such a sign is located.An exterior sign may be a sign attached flat against a building or ] structure,or projecting out from a building or structure or erected upon the roof of J a building or structure.An exterior sign may include any of the following: A.Fascia Sign:A single-faced building or wall sign which is directly attached to and parallel to its supporting wall. B.Projecting Sign:A double-faced building or wall sign projecting at right angles to its supporting wall. C.Marquee Sign:A sign attached to and contained within the perimeter of the face or valance of a marquee. D.Roof Sign:A sign attached upon or above a roof or parapet of a building. 4.Sign,Free Standing or Post:Any sign erected or affixed in a rigid manner to one or more poles,posts or the ground,and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located,including signs,or sign devices indicating the business transacted, services rendered or goods sold or produced on the premises by an occupant thereof.A free standing or post sign may also include the following: A.Directory Sign:A sign containing the name of a building,complex or center and two or more identification signs or panels of the same size, color and general design,limited to one identification sign per occupant. I 42 B.Monument Sign:A structure,built on grade,that forms an integral part of the sign or its background.(See Attachment A for illustrations of sign area and sign types.) 5.Sign,Billboard:As used in this ordinance,billboard shall include all structures,regardless of the materials used in the construction of the same,that are erected,maintained or used for public display of posters,painted signs,wall signs (whether the structure be placed on the wall or painted on the wall itself), and pictures or other pictorial reading matter which advertise a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located. 6.Sign,Institutional Bulletin Board;An on-premises sign contammg a surface area upon which is displayed the name of a religious institution,school, library,public building,community center or similar institution and the announcement of its services or activities. 7.Sign,Temporary:A temporary sign is any sign not permanently attached to the ground,wall or building,and intended to be displayed for a short and limited period of time. 8.Sign,Home Occupation.No sign,other than one unlighted sign not over two (2)square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation,shalladvertise the presence or conduct of the home occupation. Section 305.3.Signs Permitted in All Zoning Districts.Signs hereinafter designated shall be permitted in all zoning districts. 1.Temporary Signs. A.Real Estate Signs.Signs advertising the sale,rental,or lease of the premises or part of the premises on which the signs are displayed.One non-illuminated sign,not to exceed eight (8)square feet,shall be permitted on each premises.Such signs shall not extend higher than four (4)feet above grade level or be closer than ten (10)feet to any property line unless located on the wall of a building.Such signs shall be removed within seven (7)days after the disposition of the premises. B.ConstlUction Signs.Signs identifying the architect,engineer, contractor or other individuals involved in the construction of a building and such signs announcing the character of the building enterprise or the purpose for which the building is intended but not including product advertising.One non-illuminated sign not to exceed fifty (50)square feet, shall be permitted per street frontage.Such sign shall not extend higher than ten (10)feet above grade level or be closer than ten (10)feet to any property line unless located on the wall of a building on the premises or on 43 a protective barricade surrounding the construction.Such signs shall be removed within one week following completion of construction. C.Political Campaign Signs:Signs announcing candidates seeking public political office or pertinent political issues.Such signs shall be confined to private property and shall be removed within one week following the election to which they pertain. D.Street Banners:Signs advertising a public event providing that specific approval is granted under regulations established by the City Council. E.Seasonal Decorations:Signs pertaining to recognized national holidays and national observances. F.Personal Announcement and Celebration Signs:Signs announcing births,anniversaries,weddings and similar celebrations. G.Banners,balloons and posters advertising an opening or closing of business and for special events providing that specific approval is granted by the City Council. 2.Public Signs:Signs of a non-commercial nature and in the public interest,) erected by or upon the order of a public officer in the performance of public duty, such as safety signs,danger signs,trespassing signs,traffic signs,memorial plaques,signs of historical interest and other similar signs,including signs designating hospitals,libraries,schools and other institutions or places of public interest or concern. A.Temporary Directional Signs Placed By City:Signs may be erected by the City of Waukee of a size not greater than 4 feet by 4 feet informing the public of means of access to areas within the City of Waukee to which normal access has been denied due to highway contruction. 3.Integral Signs:Signs for churches or temples,or names of buildings,dates of erection,monumental citations,commemorative tablets and other similar signs when carved into stone,concrete or other building material or made of bronze, aluminum,or other permanent type of construction and made an integral part of the structure to which they are attached. 4.Window Signs:Such signs which are displayed inside of a window or within a building,provided however,that lighted window signs shall be permitted only in those districts where lighted signs are permitted. 5.Monument Signs.One (I)freestanding monument identification sign shall be permitcd for each frontage of a lot,or one (I)sign for each three-hundred 44 (300)feet of street,whichever IS greater,subject to provision hereinafter specifically set out. 6.Interstate Conidor Signs. The following freestanding monument identification signs,shall be permitted within the following zoning districts by use: Zoning Maximumsize (sq.ft.)Maximum Minimum District Total/sian oortion Total Heioht (feet)Setback (feet) A-1 80 10 20 AR*40 10 15 C-1 180/54 15 15 C-1A 180/54 15 15 C-2 180/54 15 15 C-3 180/54 15 15 C-4 180/54 15 15 M-1 180/54 10 20 M-1A 180/54 10 20 M-2 180/54 10 20 R-1*40 10 15 R-2*40 10 15 R-3*40 10 15 R-4*40 10 15 R-5*40 10 15 R-6*40 10 15 :;:In areas so designated,the placement and erection of monument SIgns IS restricted to entry signs placed in the first lot upon entry into a new development,no other exceptions will be allowed or allowances made.Monument signs within developments are restricted in content to only allow for the name of the development and such artwork as may be in keeping with the residential nature of the area in question.The maximum begins at road grade;thus if the sign is placed 3' below road grade,then the sign can technically be 18'v.15'in height. Section 305.4.Signs Permitted in Specified Zoning Districts. 1.A-I Agricultural District. A.One board or sign not to exceed thirty-two (32)square feet in area referring to the construction,lease,hire,or sale of a building,premises,or lots;which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Signs,not exceeding 10 square feet in area,identifying the premises or indicating the product grown or material and equipment used on the premises. 2.R-l Single Family Residential District. 45 A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots;which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Institutional bulletin board signs. 3.R-2 Single Family Residential District. A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots;which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed. B.Institutional bulletin board signs. 4.R-3 Multi-family Residential District. A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots;which sign shall refer to property on which the sign is located,and I shall be removed as soon as the premises are sold or leased or construction I completed. B.Institutional bulletin board signs. C.One non-lighted sign not to exceed twelve (12)square feet in total area attached flat against the principal structure,indicating the name of the premises and/or the names of the occupants,shall be permitted. D.In lieu of C above,one monument or directory sign shall be permitted.Such sign shall not exceed sixteen (16)square feet in area and shall be set back at least twenty (20)feet from any public right-of-way or property line.Such sign may be indirectly or internally lighted. 5.R-4 Multi-family Residential District, A.One board sign not to exceed fifty (50)feet in area referring to the construction,lease,hire,or sale of a building,premises,or subdivision lots;which sign shall refer to property on which the sign is located,and shall be removed as soon as the premises are sold or leased or construction completed.I JB.Institutional bulletin board signs. 46 C.One non-lighted sign not to exceed twelve (12)square feet in total area attached flat against the principal structure,indicating the name of the premises andlor the names of the occupants,shall be permitted, D.In lieu of C above,one monument or directory sign shall be permitted.Such sign shall not exceed sixteen (16)square feet in area and shall be set back at least twenty (20)feet from any public right-of-way or property line.Such sign may be indirectly or internally lighted. 6.R-5 Planned Unit Development District. A.Such signs as shall be specifically included m the Final Development Plan approved by the City Council. 7.R-6 Mobile Home Residential District. A.One permanent identification sign shall be permitted at any entrance to a Mobile Home Park.Such sign shall be of ornamental metal, stone,masonry,or other permanent material and shall indicate only the name of such Mobile Home Park.Such sign shall not exceed one-hundred (100)square feet surface area. 8.C-l Community and Highway Service Commercial District. A.Exterior signs located on the street frontages of principal buildings referring only to a use or uses located within such building,and attached or integral thereto,provided that: (l)Such signs shall not have an aggregate surface area in excess of twenty (20)percent of the total surface area of the building elevation to which they are attached; (2)Signs which project out from the building more than eighteen (18)inches must be at least twelve (12)feet above grade and may project a maximum of six (6)feet; (3)No sign shall project more than four (4)feet above the roof line or parapet where one exists. B.One free standing or post sign refening only to a use or uses conducted on the premises may be erected in any yard abutting a public street,provided however: (1)That such sign shall not have a surface area in excess of one hundred (100)square feet on anyone side and not more than two sides of said sign shall be used for advertising purposes; 47 (2)That such sign located closer than ten (10)feet to the right-of-way line must be at least twelve (12)feet above grade. (3)A directory sign or monument sign may be substituted in place of a post sign,subject to the requirements set forth in (4)(a) above.A monument sign shall not be more than ten (10)feet in height and shall not be located closer than ten (10)feet to any property line. (4)The administrative official shall have the authority to prohibit the erection of any sign that interferes with visibility for either vehicular or pedestrian traffic. 9.C-IA Neighborhood Commercial District. A.Exterior signs located on the street frontages of principal buildings referring only to a use or uses located within such building,and attached or integral thereto,provided that: (1)Such signs shall not have an aggregate surface area in excess of twenty (20)percent of the total surface area of the building elevation to which they are attached; (2)Signs which project out from the building more than J eighteen (18)inches must be at least twelve (12)feet above grade and may project a maximum of six (6)feet; (3)No sign shall project more than four (4)feet above the roof line or parapet where one exists. B.One free standing monument identification sign referring only to a use or uses conducted on the premises is permitted for each frontage lot,or one sign for each 300 feet of street,whichever is greater,subject to the following provisions: (1)Such a sign may be attached to the building if it is in compliance with section 305.4(9)A and each subparagraph thereof; or such sign may be located within any required yard on a directory si gn. (2)The sign may be two-sided.Such sign shall not have a total surface in excess of one hundred eighty (180)square feet on any side,and not more than two sides of said sign shall be used for advertising purposes.The maximum height shall be fifteen (15)1 feet,and the maximum width shall be twelve (12)feet., (3)The sign must have a brick or stone base that measures at least 15%of the total height.The sign can be entirely or partially 48 surrounded by brick or stone.The sign portion must not exceed 70%of the total area.The sign portion must not exceet fifty-four (54)square feet in any case. (4)The sign portion by be construction of any material,but must consist only of the name and/or identifying logo of the individual business,building or complex,and product and/or services being offered.The entire monument may be in stone or brick with engraved,painted or attached lettering,however,that portion is still bound by the sign portion size restrictions. (5)Lighting.Signs may be lit internally or externally,but must avoid glare or reflection into adjacent property or onto a street or alley creating a traffic hazard.No exposed neon tube lighting or open light bulbs shall be permitted. C.Entry Monuments. A commercial development such as an office park or shopping center may erect one (1)monument with the name of the building,complex or center.To qualify for use of this sign,the development must be at least forty (40)acres (otherwise the monument identification sign requirements still apply).The allowable sizes are as follows: Acres 40-79 80-119 120-159 160-greater Maximum Square Footage 150 200 250 300 The maximum allowable size is 300 square feet,in any case.These monuments must be made up of at least fifty percent (50%)brick,stone or similar material.The sign may be erected in two places so as to surround an entryway;however,the square footage of the two pieces,when summed,must fit within the above requirements. 10.C-2 Central Business District, A.Exterior signs only,located on the street frontages of principal buildings referring only to a use or uses located within such building,and attached or integral thereto,provided that: (I)Such signs shall not have an aggregate surface area in excess of twenty (20)percent of the total surface area of the building elevation to which they are attached; 49 (2)Signs may not project out from the building more than eighteen (18)inches.I(3)No sign shall project more than four (4)feet above the roof line or parapet where one exists. B.One free standing monument identification sign referring only to a use or uses conducted on the premises is permitted for each frontage lot,or one sign for each 300 feet of street,whichever is greater,subject to the following provisions: (1)Such a sign may be attached to the building if it is in compliance with section 305.4(1O)A and each subparagraph thereof;or such sign may be located within any required yard on a directory sign. (2)The sign may be two-sided.Such sign shall not have a total surface in excess of one hundred eighty (180)square feet on any side,and not more than two sides of said sign shall be used for advertising purposes.The maximum height shall be fifteen (15) feet,and the maximum width shall be twelve (12)feet. (3)The sign must have a brick or stone base that measures at 1 least 15%of the total height.The sign can be entirely or partially J surrounded by brick or stone.The sign portion must not exceed 70%of the total area.The sign portion must not exceet fifty-four (54)square feet in any case. (4)The sign portion by be construction of any material,but must consist only of the name and/or identifying logo of the individual business,building or complex,and product and/or services being offered.The entire monument may be in stone or brick with engraved,painted or attached lettering,however,that portion is still bound by the sign portion size restrictions, (5)Lighting.Signs may be lit intemally or extemally,but must avoid glare or reflection into adjacent property or onto a street or alley creating a traffic hazard.No exposed neon tube lighting or open light bulbs shall be permitted. C.Entry Monuments. A commercial development such as an office park or shopping center may erect one (1)monument with the name of the 1 building,complex or center.To qualify for use of this sign,the development must be at least forty (40)acres (otherwise the monument identification sign requirements still apply).The allowable sizes are as follows: 50 Acres 40-79 80-119 120-159 160-greater Maximum Square Footage 150 200 250 300 The maximum allowable size is 300 square feet,in any case.These monuments must be made up of at least fifty percent (50%)brick,stone or similar material.The sign may be erected in two places so as to surround an entryway;however,the square footage of the two pieces,when summed,must fit within the above requirements. 11.C-3 Planned Commercial Development Regulations. A.Signs will be permitted according to the following restrictions: (1)One monument sign on each street on which a business abuts shall be permitted.An exterior sign shall pertain only to a use conducted within the building.No sign may project over any street line (or extend more than six (6)feet over any building line) whether fixed to the building or any other structure.In no case shall any sign project more than four (4)feet above the roofline,or parapet wall. (2)On premises roof signs shall be permitted to a maximum of one hundred fifty (150)square feet.The back of said sign shall be effectively shielded from public view by a building wall,by backing the sign against another sign face,by grouping such signs in clusters to conceal the exposed backs,or by painting the exposed back a neutral color.All roof signs must adhere to the height limitations of this district. (3)The total area of all signs pertammg to the business conducted in any building,shall not exceed a total area of two hundred (200)square feet. 11.C-4 Office Park Commercial District. One nons elf-illuminated sign,not to exceed fifty (50)square feet in area denoting only the name of the building and use shall be permitted. Iu addition,one nons elf-illuminated nameplate not over four (4)square feet in area shall be permitted for each individual business or service and/or person engaged in a business or profession within the building. Said signs may be attached to the building or be located within any required yard on a directory sign. 51 12.M-1 Light Industrial District, Signs are permitted in this district as limited by C-1 District regulations. 13.M-1A Limited Industrial District. Signs are permitted in this district as limited by C-2 District regulations. 14.M-2 Heavy Industry District. Signs are permitted in this district as limited by M-1A District regulations. Section 305.5.Signs Prohibited in All Zoning Districts. 1.Obsolete Signs:Signs that advertise an activity,business,product or service no longer conducted on the premises on which the sign is located. 2.Banners,Balloons,Posters,etc.:Signs which contain or consist of banners,balloons,posters,pennants,ribbons,streamers,spinners,or other similarly moving devices,except as specifically provided in Section 301.8 1 (K.1.d.)hereof.These devices when not part of any sign shall also be prohibited.J 3.Portable Signs:Commercial signs that are not permanently anchored or secured to either a building or the ground. 4.Off-Premise Signs on Public Property:Off-premise signs located on public property which is being used for public purposes. 5.Flashing Signs:No flashing,blinking,or rotation lights shall be permitted for either permanent or temporary signs,except time and temperature signs and brief public announcement signs. 6.Moving Signs:No sign shall be permitted any part of which moves by any mechanical or electronic means. 7.Painted Wall Signs:Off-premise sIgns painted on building walls for commercial purposes. ) 52 8.Projecting Signs:Signs as defined in Section 301.3 9.Pole Signs:Except as specifically permitted,no pole sign shall be permitted within the City of Waukee. 10.Visibility at Intersections in Any Districts.On any comer lot in any district,no sign shall be erected,placed,or allowed to be situated in such a manner as materially to impede vision between a height of two and one-half (2 1(2)and ten (10)feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joing points along said street lines twenty-five (25)feet from the point of intersection of right-of-way lines Section 305.6.General Sign Regulations. 1.Conformance Required:Except as may be hereinafter specified,no sign shall be erected,placed,maintained,converted,enlarged, reconstructed or structurally altered which does not comply with all of the regulations established by this ordinance. 2.Maintenance:All signs shall be maintained in a good state of repair,including,but not limited to,the structural components,the lighting if any,the portion attaching the sign to the ground or structure,and the surface features. 3.Non-Conforming Signs:Where a sign exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area,use,height, setback,or other characteristics of the sign or its location on the lot,such sign may be continued so long as it remains otherwise lawful,subject to the following provisions: A.No such sign may be enlarged or altered in a way which increases its non-conformity;however,reasonable repairs and alterations may be permitted. B.Should such sign be destroyed by any means to an extent of fifty (50)percent or more of its replacement cost at time of destruction,it shall not be reconstructed except in conformity with the provisions of this ordinance. 4.Pelmit Required:A sign permit,signed by the owner and tenant, and approved by the administrative official,shall be required before the erection,construction,alteration,placing,or locating of all signs conforming with this ordinance. 53 5.Permit Not Required:A permit shall not be required for repainting without changing permanent wording,composition,or colors;or for non-structural repairs. 6.Plans:A copy of plans and specifications shall be submitted to the administrative official for each sign regulated by this ordinance.Such plans shall show sufficient details about size of the sign,location and materials to be used and such other data as may be required for the administrative official to determine compliance with this ordinance. I 7.Appeal:Any person or persons aggrieved by the decision of the administrative official to approve or disapprove a sign permit,as provided by this ordinance,may appeal such decision to the Board of Adjustment as provided by Section 301.28 of this ordinance. Section 305.7.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 305.8.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 305.9.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law,1 Passed by the Council this 2nd day of April,2001,and approved this 2nd day of April,2001. Donald L.Bailey,Jr. MAYOR Attest: Mark J.Arentsen,Clerk!Administrator Resolution Authorizing Participation in Central Iowa Regional Drinking Water Council Mayor Bailey stated that he supported this agreement but wanted to know if there is a way for the City to get out of the agreement if things did not work well. Johnson pointed out the termination language on page 4 of the agreement.Clive Public Works Director and Waukee resident Bart Weller said the City of Clive has some ) 54 questions about the agreement.Mayor Bailey asked if the agreement could be brought back at the next meeting.Weller pointed out that there is a Apli130 deadline for City action on the agreement.The Council also inquired about the fee that is listed in the agreement for communities which joint after March 31.A motion was made by Watts seconded by Gruber to table this item to the April 23 meeting.Mayor Bailey called for a roll call vote.Ayes;Gruber,Berger,Watts,Johnson.Nays;None.Motion approved. Motion to Appoint Representative to Central Iowa Regional Drinking Water Commission Board In light of the tabling of the previous item,a motion was made by Watts,seconded by Berger to table this item also.Mayor Bailey called for a roll call vote.Ayes;Watts,Berger,Johnson,Gruber.Nays;None.Motion approved. ReceivelFile Discuss City's Top Five Priorities for Metropolitan Council Mayor Bailey asked the Council members to forward to him their top five priorities which could be considered by the Metropolitan Council.Mayor Bailey suggested that the Polk CountylDallas County line and the Polk CountylWarren County line be eliminated.This would help the City obtain funding that has not been available to the City at this point. He supports joint purchasing efforts that are now underway. Reports City Administrator Mark Arentsen -Arentsen stated that interviews have been completed for the Deputy City Clerk position.A request for proposals for design efforts for the downtown redevelopment project have been sent to area planning films.The closing for the City Hall purchase will be set as early as possible.Agenda packets will be sent on Thursdays when the Deputy City Clerk begins work. Community Development Director Jody Gunderson -Mayor Bailey congratulated Gunderson on his recent advertising award while an employee of Lee County Development.The next Waukee Talkee will have a survey regarding interest in bus service to Waukee.The Alice's Road interchange justification study report is now about 95%complete.A packet will be assembled on the interchange project for the Washington D.C.trip. Treasurer Linda Burkhart -The budget amendment is now complete and will be scheduled for action at the May 7 meeting.The proposed amendment will be published in the April 26 Dallas County News. Public Works Director John Gibson -The Citywide garage sale is scheduled for May 5. The annual citywide cleanup will be the following week on May 12.Yard waste pickup will now occur on Mondays not Fridays.A construction inspector for the City has been hired and will start on April 30. City Engineer Miklas Bredit -He and John will be meeting with residents on Saturday regarding the sidewalk construction. 55 City Attorney Paul Huscher -He and Gunderson have met with the School District regarding a 28E agreement for Centennial Park development.Mayor Bailey thanked Huscher for his work on the Rotary Club variety show. Wayne Johnson,Park &Recreation Committee -The Easter egg hunt this past Saturday was very successful.Fareway Foods helped at the last minute with extra Easter candy. Mike Watts,Utility Committee -No meetings since the last Councp meeting. Marvin Berger,Planning &Zoning Committee -P&Z met earlier this evening and approved the dentist office site plan. Nicholas Gruber,Library Committee -The Library is investigating an internet access system which will require parents to establish parameters for their children's internet viewing at the library.He encouraged everyone to vote at the May 1 Library referendum. Adjournment A motion was offered by Berger,seconded by Gruber to adjourn.Motion passed unanimously.Mayor Bailey declared the meeting adjoumed at 9:07PM. ~< DonaldL.Bailey,Jr.,M#~--) Attest: 56