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Home My WebLink About2001-07-16-Regular MinutesWAUKEE CITY COUNCIL MINUTES July 16,2001 (1)Call to Order -The July 16 2001 meeting of the Waukee City Council was called to order by Mayor Bailey at 7:00 PM.The Mayor asked for a roll call. (2)Roll Call-The following members were present:Mayor Donald L.Bailey,Jr,and Council members Nicholas Gruber,Marvin Berger,Bill Peard and Wayne Johnson.Councilman Mike Watts absent. (3)Open Forum -(1)The Mayor wanted to thank Wayne Johnson,the Park Board and City staff for the long hard work on the Fourth of July Celebration.It was one of the best we have ever had.Wayne Johnson accepted the Mayor's accolades on behalfofthe Park Board and introduced three members of the Board.Wayne also thanked the Board for their efforts towards the celebration.Except for the fireworks display,profits exceeded the expenditures this year.The Mayor indicated we need to encourage more people to participate,to share the experience of working on this project.(2)Connie Steffen from the Des Moines Water Works gave a quick overview ofthe new utility billing.(3) Steven Blumenthal,540 6th Street wished to address the street light project.He was informed that the public hearing for the streetlight project would be on August 6,2001. (4)Agenda AdditionfApproval-No additions or changes were mentioned.Mayor Bailey requested a motion to approve agenda as presented.Nick Gruber moved to approve.Marvin Berger second.Mayor Bailey requested a voice vote:Ayes:All,Nays: None.Motion carried 4 -O. (5)Consent Agenda - A.Approve June 29th Payroll and Bill List B.Approve Minutes of July 2 City Council Minutes C.Approve Beer sales including Sunday sales Renewal for Casey Marketing Co.doing business as Casey's General Store #59 Approve Liquor,Wine or Beer including Sunday sales Renewal for Triatomic Inc doing business as The Bank Mayor Bailey introduced the consent agenda and asked for a motion to approve all items. Bill Peard so moved.Marvin Berger second.Roll Call:Berger,Gruber,Peard,Johnson. Nayes:none.Motion carried 4 -O. Bill List: CLAIMS REGISTER REPORT NO DEPT ENTERED BANKERS TRUST COMPANY GELINA,NICOLE TREASURER STATE OF IOWA rut '01 SINKING FUND XFE IRRIGATION METER REFUND ruN '01 SEWER TAXrun'01 WATER TAX ruN '01 GAS TAX TOTAL 86,462.10 80,050.00 80.00 190.56 2,873.47 3,268.07 TOT ACCR .00NODEPTENTERED POLICE OPERATIONS CARPENTER UNIFORM CO CLEMENT COMMUNICA COMMERCIAL LIGHTING LTD COpy SYSTEMS INC DES MOINES REGISTER FASTPRO INTERNATIONAL IN FESLERSINC ]A MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK lOW A WINDSHIELD REPAIR JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE MAINSTAY SYSTEMS INC METLIFE SMALL BUSINESS C MID AMERICAN ENERGY MIGHTY TIDY CLEANING QUALITY FORD OF WDM SIOUX SALES COMPANY SONGSMYTHE PRODUCTIONS UNITROL VEENSTRA &KIMM INC VIDEO SERVICE OF AMERICA VISA WAUKEEMUNICIPALUT~ITI WEBSTER ELECTRIC 110 POLICE OPERATIONS WARNING SIRENS FESLERSINC 111 WARNING SIRENS FIRE PROTECTION CARPENTER UNIFORM CO ELECTRONIC ENGINEERING C IOWA MUNICIPALITIES WORK lOW A MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN 1 MADISON NATIONAL LIFE METLIFE SMALL BUSINESS C MID AMERICAN ENERGY PMXMEDICAL SPRING VALLEY RADIO CORP SUPPLYNET VISIONARY SYSTEMS LTD WAUKEE MUNICIPAL UTILITI UNIFORMS UNIFORMS TEAMWORK POSTER PROGRAM LIGHTBULBS COPIER MAINTENANCE SUBSCRIPTION-POLICE ADV~ EQUIPMENT SIREN POLE INSTALLATION LIGHTS rtn,'01 WORK COMP PREM. mL'OI INSTALL #1 WORK WINDSHIELD REP AIR mL'OI HEALTH INSURANCE rut.'01 LT DISABILITY IN POWERPOINT SOFTWAREnn.'01 LIFE INSURANCE ruN '01 STATEMENT ruN '01 CLEANING SERVICE SCRUBIBUFFIW AX TILE FLOOR ALIGNMENT REPAIRS UNITROL SIREN VIDEO CABLE &LABOR REPAIRS OF SIREN UN '01 STATEMENT VHSTAPES ruNE '01 STATEMENT-FORD rtnr '01 STATEMENT SIREN INSTALLATION TOTAL 19,911.00 TOT ACCR SIREN POLE INSTALLATION TOTAL 9.99 TOT ACCR UNIFORMS HJL '01 TOWER SERVICE rut,'01 WORK COMP PREM.nn.'01 INSTALL #1 WORK mL'OI HEALTH INSURANCE mL'OI LTDISABILITYINnn.'01 LIFE INSURANCE ruN '01 STATEMENT CLAIMS REGISTER REPORT 140 FIRE PROTECTION SUPPLIES REPAIRS REPAIRS REPAIRS CABLES FIREHOUSE SOFTWARE 01-02 run '01 STATEMENT 293.70 222.98 160.82 62.50 66.81 47.45 24.05 49.47 7,390.01 49.47 1,003.89 429.82 42.50 6,379.05 184.00 130.00 131.90 541.22 450.00 202.99 109.95 370.41 687.50 47.99 97.87 288.00 169.00 6.95 79.70 191.00 .00 9.99 .00 73.90 60.00 136.12 58.28 277.35 30.60 14.72 717.42 144.99 48.00 55.77 220.00 12.50 560.00 105.64 140 FIRE PROTECTION STREET LIGHTING MID AMERICAN ENERGY 160 STREET LIGHTING TRAFFIC SIGNAL LIGHTS MID AMERICAN ENERGY 161 TRAFFIC SIGNAL LIGHTS BUILDING INSPECTION ACADEMIC CAPITAL GROUP I HOL,CAROL "CINDY IOWA MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE METLIFE SMALL BUSINESS C RICHARDSON,BETH 190 BUILDING INSPECTION IDOT HIGHWAY 6 PROJECT WINDFIELD DEVELOPMENT II 202 IDOT HIGHWAY 6 PROJECT TOTAL 2,515.29 TOT ACCR .00 ruNE '01 STATEMENT TOTAL 1,025.67 1,025.67 TOT ACCR .00 ruNE '01 STATEMENT TOTAL 157.86 157.86 TOT ACCR .00 JUL '01 COMPUTER LEASE EASEMENT AGREEMENT COPIE JUL '01 WORK COMP PREM. JUL '01 INSTALL #1 WORK JUL '01 HEALTH INSURANCE JUL '01 LT DISABILITY IN JUL '01 LIFE INSURANCE ruN '01 MILEAGE TOTAL 2,040.49 TOT ACCR 149.78 12.00 102.09 43.71 1,664.10 37.33 26.72 4.76 .00 DOT STORM SEWERREIMB.52,000.00 TOTAL 52,000.00 TOT ACCR .00 SPECIAL ASSESSMENT SIDEWALK PROG VEENSTRA &KIMM INC ruN '01 STATEMENT 205 SPECIAL ASSESS.SIDEWALKPROG TOTAL 6,279.00 6,279.00 TOT ACCR .00 HIGHWAY 6 STREET LIGHT SA PROJECT SNYDER &ASSOCIATES INC ruN '01 STATEMENT 208 HIGHWAY 6 STREET LIGHT SAPROJ.TOTAL 1,714.00 LIBRARY SERVICES IOWA MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE METLIFE SMALL BUSINESS C 310 LIBRARY SERVICES PARKS "TOASTER"BAND ANNEAR EQUIPMENT INC CARPENTER UNIFORM CO CLASSIC FLORAL &GIFTS CONCRETE SUPPLY INC DAN RAITT INC FAST INC IOWA MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE 1,714.00 TOT ACCR .00 JUL '01 WORK COMP PREM. JUL'OI INSTALL #1 WORK JUL '01 HEALTH INSURANCE JUL '01 LT DISABILITY IN JUL '01 LIFE INSURANCE TOTAL 1,457.01 TOT ACCR 4TH JULY CELEBRATION TRIMMER REPAIR SHIRTS FLOWERS FOR CITIZEN YEAR CLAIMS REGISTER REPORT 410 PARKS CURB GRINDING VOLLEYBALL COURT SAND TRIMMER PARTS JUL '01 WORK COMP PREM. JUL '01 INSTALL #1 WORK JUL '01 HEALTH INSURANCE JUL '01 LT DISABILITY IN 17.02 7.29 1,386.75 31.23 14.72 .00 1,850.00 33.95 174.19 39.50 942.50 184.63 2.31 38.21 01.99 55.47 17.94 MARTIN'S FLAG COMPANY MENARDS FLAGS &POLES 179,11 FORM BOARDS 107,55 BOARDS 28,70 JUL '01 LIFE INSURANCE 11.78 JUNE '01 STATEMENT 20,79 JUN '01 987-9772 60,06 CONCRETE 669,75 CONCRETE 552,00 PORTABLE SPRINKLER &HOSE 656,00 SOD CUTTER RENTAL 85,77 JUN '01 STATEMENT 2,011.30 JUN '01 STATEMENT 12.70CR JUN '01 STATEMENT 24.06 REFURBISH CHRISTMAS LIGHTS 1,180.00 MOSQUITO CONTROL 750.00 MOSQUITO CONTROL 750.00 01-02 PARTNER YOUTH CAMP 6,000.00 TOTAL 16,734.86 TOT ACCR .00 METLIFE SMALL BUSINESS C MID AMERICAN ENERGY QWEST R-WAY CONCRETE SUMMIT SUPPLY CORP UNITED RENTALS VEENSTRA &KIMM INC WAUKEE MUNICIPAL UTILITIES WAYNE MANU.CO WILSON BROTHERS PEST CON YMCA OF GREATER DM 410 PARKS STORM SEWERS SMITHS SEWER SERVICE INC 530 STORM SEWERS CLEAN STORM TILE TOTAL 345.00 345.00 TOT ACCR .00 SOLID WASTE COLLECTION &RECYCLING SOUTH DALLAS COUNTY LAND SETTLEMENT AGREEMENT 9,000.00 540 SOLID WASTE COLLECT.&RCYC TOTAL 9,000.00 TOT ACCR .00 CEMETERY WALNUT TOWNSHIP 570 CEMETERY JUN '01 ANNUAL CEMETERY 1,000,00 TOTAL 1,000.00 TOT ACCR ,00 PUBLIC WORKS ARAMARK UNIFORM SERVICES MAT SERVICE-PUB.WORKS CAPITAL SANITARY SUPPLY PAPER PLATES FASTPRO INTERNATIONAL IN FIRST AID SUPPLIES FIRST AID SUPPLIES IOWAMUNICIPALITIESWORK JUL'Ol WORK COMP PREM. IOWA MUNICIPALITIES WORK JUL '01 INSTALL #1 WORK JOHN DEERE HEALTH PLAN I JUL '01 HEALTH INSURANCE LASER QUIPT PRINTER REPAIRS MADISON NATIONAL LIFE JUL '01 LT DISABILITY IN MBNA AMERICA BUSINESS CA JUN '01 STATEMENT-GIBSON METLIFE SMALL BUSINESS C JUL '01 LIFE INSURANCE MID AMERICAN ENERGY JUNE '01 STATEMENT UNITED STATES CELLULAR JUN '01 STATEMENT 600 PUBLIC WORKS TOTAL 1,195.59 TOT ACCR CLAIMS REGISTER REPORT 651 WATER UTILITY 34.40 20.92 42.40 11.85 102.09 43.71 277.35 135.00 30.32 167.41 7.36 310.00 12.78 .00 WATER UTILITY A!VlERICANWATERWORKS ASSO CARPENTER UNIFORM CO lOW A MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE 377.00 174.19 170.15 72.85 887.52 17.50 01-02 ANNUAL DUES SHIRTS JUL '01 WORK CaMP PREM. JUL '01 INSTALL #1 WORK JUL '01 HEALTH INSURANCE JUL '01 LT DISABILITY IN METLIFE SMALL BUSINESS C MID AMERICAN ENERGY VEENSTRA &KlMM INC WAUKEE MUNICIPAL UTILITIES WINTERS,TROY 651 WATER UTILITY WI.'01 LIFE INSURANCE ruNE '01 STATEMENT ruNE '01 STATEMENT ruNE '01 STATEMENT ruN '01 STATEMENT ruN '01 STATEMENT nrn '01 STATEMENT ruN '01 STATEMENT ruN '01 STATEMENT IOWA RURAL WATER TRA1NIN TOTAL 9,165.98 TOT ACCR SANITARY SEWERS &TREATMENT FACILITY DES MOINES BOLT STAINLESS STEEL BOLTS IOWA MUNICIPALITIES WORK rtn.'01 WORK COMP PREM. IOWA MUNICIPALITIES WORK nn.'01 INSTALL #1 WORK JOHN DEERE HEALTH PLAN I WI.'01 HEALTH INSURANCE MADISON NATIONAL LIFE rtn,'01 LT DISABILITY IN METLIFE SMALL BUSINESS C WL '01 LIFE INSURANCE MID AMERICAN ENERGY ruNE '01 STATEMENT ruNE '01 STATEMENT ruNE '01 STATEMENT QWEST rtm '01 987-6084 VEENSTRA &KlMM INC ruN '01 STATEMENT WAUKEE MUNICIPAL UTILITIES ruN '01 STATEMENT ruN '01 STATEMENTnrn'01 STATEMENT ruN '01 STATEMENT ruN '01 STATEMENT 652 SANITARY SEWERS &TREATMT FAC TOTAL 6,860.66 TOT ACCR GAS UTILITY ACCURATE DEVELOPMENT CARPENTER UNIFORM CO DRESSER IND -DMD MOONEY ENERGY ECONOMICS GROEBNER &ASSOCIATES IN HEALTHCOMP EVALUATION SE IOWA MUNICIPALITIES WORK lOW A MUNICIPALITIES WORK IOWA PIPELINE ASSOC INC JOHN DEERE HEALTH PLAN I KELLER,CHRISTOPHER M MADISON NATIONAL LIFE MATT PARROTT &SONS CO METLIFE SMALL BUSINESS C MID AMERICAN ENERGY MUNICIPAL SUPPLY PLUMB SUPPLY COMPANY QWEST GAS REFUND-760 OAKLEAF I. SHIRTS REGULATOR REPAIR PARTS METER TESTS BURlALTAPE TRACER WIRE GAS PIPE DRUG TEST WL '01 WORK COMP PREM. WL'OIINSTALL#1 WORK WELD GAS SERVICE WL '01 HEALTH INSURANCE JEANS WL 'OILTDISABILITY IN CLAIMS REGISTER REPORT 654 GAS UTILITY SERVICE CALLIWORK ORDER WL '01 LIFE INSURANCE ruNE '01 STATEMENT ruNE '01 STATEMENT MARKING PAINT &FLAGS BALL VALVE rtrn '01 STATEMENT 987-08 11.78 347.54 9.68 193.88 6,534.60 12.70CR 180.75 24.06 6.18 171.00 .00 36.70 170.15 72.85 887.52 21.72 11.78 4,567.39 9.67 62.13 31.69 753.40 12.70CR 48.17 24.06 169.95 6.18 .00 224.78 174.19 325.14 2,355.00 478.11 279.26 4,211.17 50.00 204.16 87.40 142.79 1,996.92 25.00 55.58 229.88 47.20 364.51 9.68 421.80 3.88 18.49 TESTNET UNITED STATES CELLULAR WAUKEE MUNICIPAL UTILITIES 654 GAS UTILITY UTILITY BILLING ACADEMIC CAPITAL GROUP I BUDGET STORAGE RENTAL 655 UTILITY BILLING STREETS DEPARTMENT CARPENTER UNIFORM CO FACTORY MOTOR PARTS CO lOW A MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I KANSAS STATE BANK LOGAN CONTRACTORS SUPPLY MADISON NATIONAL LIFE METLIFE SMALL BUSINESS C MID AMERICAN ENERGY R-WAYCONCRETE SPRAYER SPECIALTIES INC VEENSTRA &KIMM INC WAUKEE MUNICIPAL UTILITI 710 STREETS DEPARTMENT MAYOR AND COUNCIL CLASSIC FLORAL &GIFTS GREATER DES MOINES PARTN lOW A MUNICIPALITIES WORK lOW A MUNICIPALITIES WORK TRIPLETT OFFICE ESSENTIALS WEBLINK WIRELESS 810 MAYOR AND COUNCIL ADMINISTRATION ACADEMIC CAPITAL GROUP I ANECOMPUTERSERVICES ARAMARK UNIFORM SERVICES ARENTSEN,MARK BUDGET STORAGE RENTAL BURKHART,LINDA CAROL "CINDY"HOL DRUG TESTING JUN'OI STATEMENT JUN'OI STATEMENT JUN '01 STATEMENT JUN '01 STATEMENT TOTAL 11,799.35 TOT ACCR WVOI COMPUTER LEASE WL '01 STORAGE TOTAL 114,89 TOT ACCR SHIRTS RADIATOR JUL '01 WORK CaMP PREM. JUL '01 INSTALL #1 WORK WL '01 HEALTH INSURANCE JUL '01 STREET SWEEPER L REBAR JUL'OI LTDISABILITYIN WL '01 LIFE INSURANCE JUNE '01 STATEMENT CONCRETE CONCRETE SPRAYER PARTS JUN '01 STATEMENT JUN '01 STATEMENT TOTAL 11,932.34 TOT ACCR FLOWERS BEVERLY BERGER DC ODYSSEY-BAILEY DC ODYSSEY-PEARD DC ODYSSEY-GRUBER WL '01 WORK CaMP PREM. WL '01 INSTALL #1 WORK CASSETTE TAPES WL '01 MAYOR'S PAGER TOTAL 3,815.18 TOT ACCR WL '01 COMPUTER LEASE COMPUTER SERVER MAINT. SERVER MAINTENANCE CLAIMS REGISTER REPORT 830 ADMINISTRATION CITY HALL MAT SERVICE MAT SERVICE-COMM CENTER WL '01 TRAVEL ALLOWANCE WL '01 STORAGE JUN '01 MILEAGE EASEMENT-JOHN CLARK EASEMENT-CITY OF WAUKEE 15,00 61.86 12.71CR 24.07 6.19 .00 74.89 40.00 .00 174.18 137.63 1,003.89 429.82 1,442.22 7,591.36 342.38 35.42 19.14 9.68 346.50 346.50 9.44 38.00 6.18 .00 40.00 1,200.00 1,200.00 1,200.00 17.02 7,29 30.96 119.91 .00 299.54 375.00 125.00 48.31 42.63 250.00 40.00 26.86 16.00 26.00 DALLAS COUNTY NEWS DES MOINES AREA METRO PL DES MOINES REGISTER GAZETTE COMMUNITIONS GLASS ACT GREATER DES MOINES P ARTN HOL,CAROL "CINDY INTERNATIONAL INSTITUTE IOWA CITY/COUNTY MAN ASS lOW A LEAGUE OF CITIES IOWA MUNICIPALITIES WORK lOW A MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I LITHO GRAPHICS PRINT COM MADISON NATIONAL LIFE MERRITT COMPANY INC METLIFE SMALL BUSINESS C MID AMERICAN ENERGY MIGHTY TIDY CLEANING PIN OAK GALLERY QWEST TESTNET TRIPLETT OFFICE ESSENTIA VEENSTRA &KIMM INC WAUKEE MUNICIPAL UTILITI 830 ADMINISTRATION FINANCIAL ADMINISTRATION ACADEMIC CAPITAL GROUP I IOWA MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK MADISON NATIONAL LIFE METLIFE SMALL BUSINESS C J PITNEY BOWES TRIPLETT OFFICE ESSENTIA 840 FINANCIAL ADMINISTRATION ECONOMIC DEVELOPMENT CHAMBER MAP PROJECT EASEMENT-MARK ANDERSON D EASEMENT-PHILIP BRODERIC EASEMENT-DOWNING DEVELOP EASEMENT -DOWNING DEVELOP EASEMENT-DOWNING DEVELOP PAPER COPIES STATEWIDE UREAN DESIGN FY02 MPO MEMBER ASSESSME CITY PLANNER AD CITY PLANNER AD CITY HALL WINDOW CLEANING CHOOSE DES MOINES COMM COPIES 01-02 ANNUAL MEMBERSHIP 01-02 MEMBERSHIP DUES 01-02 ANNUAL DUES WL '01 WORK COMP PREM. WL'OlINSTALL#l WORK WL '01 HEALTH INSURANCE WL Y '01 NEWSLETTER WL '01 LT DISABILITY IN KITCHEN/BATHROOMS FLOOR WL '01 LIFE INSURANCE JUNE '01 STATEMENT APRIL '01 COMM CENTER CL MAY '01 COMM CENTER CLEAN US OPEN PRINTS FRAMING JUN '01 987-8390 DRUG TEST CREDIT -PAPER WALL NAME PLATE-PAARDEKO HANGING FOLDERS COPY PAPER PAPER OFFICE SUPPLIES JUN '01 STATEMENT JUN '01 STATEMENT TOTAL 10,648.91 TOT ACCR WL '01 COMPUTER LEASE WL '01 WORK COMP PREM. WL '01 INSTALL #1 WORK WL '01 LT DISABILITY IN UL '01 LIFE INSURANCE .CLAIMS REGISTER REPORT 840 FINANCIAL ADMINISTRATION 01-02 EQUIPMENT MAINTENA 01-02 POSTAGE MACHINE MA OFFICE SUPPLIES TOTAL 684.75 TOT ACCR AD FOR CHAMBER MAP 16.00 36.00 6.00 11.00 11.00 59.20 230.32 1,637.28 638.48 134.20 50.00 1,000.00 1.00 90.00 65.00 969.00 68.06 29.14 1,386.75 361.00 89.14 650.00 41.72 897.78 110.00 110.00 274.50 24.97 15.00 19.96CR 39.80 21.96 131.60 19.95 17.84 114.00 61.84 .00 74.89 34.03 14.57 23.52 7.36 199.00 104.00 227.38 .00 296.10 FEDERAL EXPRESS CORP GREATER DES MOINES PARTN GUNDERSON,JODY IOWA COMMERCE MAGAZINE IOWA MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE MBNA AMERlCA BUSINESS CA METLIFE SMALL BUSINESS C PERRY CHIEF,THE VEENSTRA &KlMM INC 850 ECONOMIC DEVELOPMENT CITY ATTORNEY DICKlNSON MACKAMAN TYLER BUSCHER,PAULE 860 CITY ATTORNEY ZONING DEPARTMENT RDG CROSE GARDNER SHUKER 870 ZONING DEPARTMENT ENGINEERlNG IOWA METHODIST MEDICAL C IOWA MUNICIPALITIES WORK IOWA MUNICIPALITIES WORK JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE OFFICE FURNITURE USA VEENSTRA &K1MM INC 890 ENGINEERlNG GRAND TOTALS RECAP TOTALS FUND TOTALS 010 GENERALFUND 060 ROAD USE TAX FUND 110 DEBT SERVICE FUND 111 SPECIAL ASSESSMENTS 322 WARNING SIRENS PROJECT FUND 324 HIGHWAY 6 IDOTPROJECT SHIPPING DC ODYSSEY-GUNDERSON WL'Ol TRAVEL ALLOWANCE SUBSCRIPTION WL '01 WORK COMP PREM. IUL '01 INSTALL #1 WORK IUL'Ol HEALTH INSURANCE IUL '01 LT DISABILITY IN ruN '01 STATEMENT WL '01 LIFE INSURANCE SUBSCRIPTION RENEWAL ruN '01 STATEMENT TOTAL 3,050.48 TOT ACCR MAY '01 UNION NEGOT DALTON LITIGATION '00-'01 LEGAL CASES WL '01 LEGAL SERVICES TOTAL 8,370.25 MAY '01 STATEMENT TOTAL 3,490.04 PHYSICALillRUG TEST-FREEM IUL '01 WORK COMP PREM. IUL '01 INSTALL #1 WORK WL '01 HEALTH INSURANCE IUL '01 LT DISABILITY IN DESK-CONSTRUCTION INSPEC nrn '01 STATEMENT TOTAL 7,992.71 EXPENDED 279,773.40 EXPENDED 84,435.09 11,932.34 53,512.00 3,305.00 9.99 52,000.00 CLAIMS REGISTER REPORT 330 CITY WIDE SA SIDEWALK PROJECT 6,279.00 333 HIGHWAY 6 STREET LIGHT SA PROJECT 1,714.00 510 WATERUTILITYFUND 20,834.45 520 SEWER UTILITY FUND 13,880.82 521 UNIVERSITY AVE TRUNK SEWER PROJECT 6,935.00 524 HICKMAN ROAD SEWER EXTENSION PROJECT 753.40 540 GAS UTILITY FUND 15,067.42 570 UTILITY BILL FUND 114.89 590 SOLID WASTE COLLECTION &RECYCLING FUND 9,000.00 23.92 1,200.00 250.00 19.95 34.03 14.57 526.97 31.73 500.35 7.36 29.00 116.50 .00 5,889.00 312.50 168.75 2,000.00 TOT ACCR .00 3,490.04 TOT ACCR .00 168.25 102.09 43.71 554.70 18.86 800.00 6,305.10 TOT ACCR .00 LIQUID ACCRUAL LIQUID ACCRUAL ****279,773.40 PAID PRIOR TO COUNCIL APPROVAL NO DEPT ENTERED 47402 WAUKEE MUNICIPAL UTILITI UTILITY PAY CITY REC'D/S NO DEPT ENTERED TOTAL 5,172.56 TOT ACCR FIRE PROTECTION 47404 WELLS FARGO -CITY HALL PETTY CASH REIMBURSEMENT 140 FIRE PROTECTION TOTAL 23.20 TOT ACCR PARKS 47404 WELLS FARGO -CITY HALL PETTY CASH REIMBURSEMENT 410 PARKS TOTAL 1.88 TOT ACCR UTILITY BILLING 47404 WELLS FARGO -CITY HALL PETTY CASH REIMBURSEMENT 655 UTILITYBlLLING TOTAL 1.20 TOT ACCR MAYOR AND COUNCIL 47404 WELLS FARGO -CITY HALL PETTY CASH REIMBURSEMENT 810 MAYOR AND COUNCIL TOTAL 100.00 TOT ACCR ADMlNlSTRA TION 47403 WEAVER,CHAD MOVlNG/RELOCATIONEXP 47404 WELLS FARGO -CITY HALL PETTY CASH REIMBURSEMENT 830 ADMINISTRATION TOTAL 1,562.05 TOT ACCR GRAND TOTALS EXPENDED 6,860.89 LIQUID ACCRUAL RECAP TOTALS FUND TOTALS 010 GENERALFUND 510 WATER UTILITY FUND 570 UTILITY BILL FUND **** LIQUID ACCRUALEXPENDED 1,687.13 5,172.56 1.20 6,860.89 ARENTSEN,MARK J BAILEY JR,DONALD L BERGER,MARVIN D BORMANN,ADAM W BOSWELL,KRISTIN A BREUER,GREGORY A BRUECKEN,ALYSSA J BURGER,RICK D BURKHART,LINDA S BYRN,JACQUELINE M DAGGETT,WILLIAM J DAV1SS0N,DELORES J DEZEEUW,DA V1D S DODGE,JUSTIN D DONALD LEE BAILEY,JR. DOWELL,DENNIS D PAYROLL PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE PAYROLL EXPENSE ACH PAYROLL EXPENSE 5,172.56 .00 23.20 .00 1.88 .00 1.20 .00 100.00 .00 1,500.00 62.05 .00 1,694.85 .00 88.53 710.63 257.09 1,235.54 30.91 610.22 1,257.73 520.64 901.02 118.12 1,024.29 755.28 327.28 1,170.50 EFTPS FEDERAL 6,789.49 FICA 7,288.50 MEDICARE 1,704.60 EMBREE,NICHOLAS F PAYROLL EXPENSE 545.76 FORD,ELIZABETH A PAYROLL EXPENSE 829.07 FREEMAN,BRADLEY W ACH PAYROLL EXPENSE 1,116.17 FRENCH,TRAVIS J PAYROLL EXPENSE 622.55 GENTOSI,MICHAEL P PAYROLL EXPENSE 798.19 GillSON,JOHN R ACHPAYROLLEXPENSE 1,442.90 GRUBER,NICHOLAS C PAYROLL EXPENSE 92.22 GUNDERSON,JODY T PAYROLL EXPENSE 1,502.78 HARRINGTON,ADAM J PAYROLL EXPENSE 627.29 HEIMANN,RONALD L PAYROLL EXPENSE 660.23 HERRICK,ROBERT D PAYROLL EXPENSE 988.57 HOIFELDT,JENNIFER L PAYROLL EXPENSE 603.20 JODY GUNDERSON 100.00 JOHNSON,WAYNE M PAYROLL EXPENSE 97.51 JONES,HARRY N PAYROLL EXPENSE 373.05 KELLER,CHRISTOPHER M PAYROLL EXPENSE 745.63 KIENE,MATT R PAYROLL EXPENSE 774.61 LELAND PERKINS 400.00 300.00 LIFE INS.PREM.LIFE INS PRE 55.34 LUDWlGS,MICHAEL R PAYROLL EXPENSE 852.76 MACK,LINDA M PAYROLL EXPENSE 902.61 MAPES,TROY M PAYROLL EXPENSE 1,071.41 MARCHANT,JOEY L PAYROLL EXPENSE 908.42 MAREAN,NICHOLAS A PAYROLL EXPENSE 459.60 MURPHY-PETERSEN,DEVONM PAYROLL EXPENSE 770.95 OLSON,SCOTT A ACH PAYROLL EXPENSE 811.94 PAARDEKOOPER,CATHERINE PAYROLL EXPENSE 937.52 PEARD,WILLIAM F PAYROLL EXPENSE 88.53 PERKINS,LELAND E PAYROLL EXPENSE 462.00 PHILLIPS,LARRY J ACH PAYROLL EXPENSE 1,542.50 POPP,SHAWN D PAYROLL EXPENSE 1,051.82 RICHARDSON,ELIZABETH A PAYROLL EXPENSE 898.29 ROBINSON,CLINT H PAYROLL EXPENSE 255.56 ROBINSON,KIMBERLY A PAYROLL EXPENSE 319.57 ROYER,TIMOTHY L PAYROLL EXPENSE 1,087.30 SCHETTLER,RODNEY A PAYROLL EXPENSE 945.32 SCHROEDER,MELANIE L PAYROLL EXPENSE 186.51 SPENCER,ARTHUR D PAYROLL EXPENSE 102.26 SPENCER,JEFFREY A PAYROLL EXPENSE 788.89 SULLIVAN,CURT D PAYROLL EXPENSE 591.08 SWAIN,CURTIS B PAYROLL EXPENSE 578.08 TIMOTHY ROYER 100.00 TORGERSON,LISA A PAYROLL EXPENSE 323.14 VANZEE,DIANNA L PAYROLL EXPENSE 804.62 WATTS,MICHAEL L PAYROLL EXPENSE 88.65 WEBB,BRANDON P PAYROLL EXPENSE 465.53 WHITE,DANNY L ACH PAYROLL EXPENSE 977.98 WILLIAMS,MIKE E PAYROLL EXPENSE 86.45 WINTERS,TROY S PAYROLL EXPENSE 996.92 EXPENDED LIQUID ACCRUAL GRAND TOTALS 58,616.50 RECAP TOTALS FUND TOTALS 010 GENERAL FUND 060 ROAD USE TAX FUND 51 0 WATER UTILITY FUND 520 SEWER UTILITY FUND 540 GAS UTILITY FUND 570 UTILITY BILL FUND **** EXPENDED LIQUID ACCRUAL 41,466.54 6,322.36 2,384.99 1,614.40 5,636.73 1,191.48 58,616.50 (6)Mayor's Report -Once again thanks to the Park Board and City Staff.Received a complaint concerning the existing Municipal Code and sweet com peddlers on a public street.The Council needs to direct any questions concerning that issue to Mark Arentsen. Received a letter from Curt Schade and will table until rezoning issue is resolved. Received a response from the State Auditor's Office.Mark Arentsen indicated that once the City has filed a protest,which it has done,the State Auditor's Office will establish a date for a public hearing in the City.At this time the City will present its reasons for not paying the bill in full as submitted.Then the Auditor issues a ruling.At that time,the City will need to decide the next step.The Mayor has visited with Staff and citizens concerning the downtown proj ect and wants to stress that staff need to work closely with downtown businesses on this project.Street finance report due September 30.Staff has contacted Sandy Swallow in California concerning the issue of annexation for a parcel south of the City.Hopefully this will be resolved through phone calls or letters;however, a trip to California has not been ruled out. (7)Motion:Confirmation a/Fire Chief Limited discussion.Bill Peard moved to confirm Mark Schmitt as Fire Chief.Marvin Berger second.Roll Call:Ayes:Peard,Berger,Gruber, Johnson.Nays:None.Motion carried 4 -O. (8)Public Hearing:On the Sale a/Urban Renewal Bonds published in the paper on July 5,2001 Dallas County opened.No written correspondence received.No oral comments received.Mark explained that approximately 9 months ago the City established an Urban Renewal Area and amended it a couple months ago to include much of the undeveloped areas of the City along Hickman Rd.,south along Alice's Road to where it would extend to the Interstate and then along theInterstate.All ofthe property that has been annexed is in that Urban Renewal area. Properties in the Urban Renewal Area include Gilcrest Jewett Lumber,McDonald's and Greenview Corporate at the far East end of town.Those properties are generating enough revenue now to allow the City to borrow about $2,000,000 from the tax generated from those properties,which is then being used to fund improvements that are in that same Urban Renewal District.The action taken tonight approves the borrowing and allows the City to proceed with the projects discussed in previous council meetings.About $600,000 will go for the Triangle downtown redevelopment and another $20,000 from the water system fund will improve the water system in that same area.The anticipated interest rate is about 4.5%.Mayor requested a motion and second to close the public hearing.Nick Gruber moved.Wayne Johnson second. Roll Call:Ayes:Gruber,Johnson,Berger,Peard.Ayes:None.Motion carried 4 -O. (9)Resolution:Approving Sale of Urban Renewal Bonds.J eanie Vanda present from PFM. They distributed a tabulation of five bids with many participating banks and underwriters submitted on the Urban Renewal Bonds.The winning bid was Dain Rauscher Inc.of West Des Moines with coupons and a price that yields a cost to the City of 4.56%.Harris Trust out of Chicago submitted the next lowest bid at 4.61 %.The highest bid was Griffin Kubic out of Chicago at 4.80%.From the activity generated by the sale of these bonds,it looks like the City prices very close to an A-credit rating.This is a good indication of how the market views the City in terms of its management and its growth potential.The coupons range from 4.0%in 2003 to a 4.8%in 2016 and are available through DainRauscher Inc.in West Des Moines.These bonds have a double tax exemption -proceeds exempt from federal and state taxes.Marvin Berger moved to approve the resolution to provide for the sale and issuance of $2,000,000 General Obligation Urban Renewal Bonds,Series 2001 C to Dain Rausher,Inc.Bill Peard Second.Roll call:Ayes:Berger,Peard,Johnson,Gruber,Nayes:None.Motion carried 4 -O. RESOLUTION NO.01-118 Providing for the sale and issuance of$2,000,000 General Obligation Urban Renewal Bonds,Series 200lC, and providing for the levy oftaxes to pay the same WHEREAS,notice of the proposed action of the City Council of Waukee,Iowa (the "City")to institute proceedings for the issuance of $2,000,000 General Obligation Urban Renewal Bonds,Series 200lC (the "Bonds"), was heretofore giveu pursuantto the provisions of Chapter 403 of the Code ofIowa and Division III of Chapter 384 of the Code ofIowa for the purpose of planoing,undertaking and carrying out an urban renewal project within the Waukee Urban Renewal Area,consisting of sidewalk,storm sewer,sanitary sewer,paving and park improvements, and hearing was held thereon;and WHEREAS,pursuant to Notice of Sale of the Bonds heretofore given in strict compliance with the provisions of Chapter 75 of the Code of Iowa,sealed bids for the purchase of the Bonds were received and canvassed on behalf of the City at the time and place fixed therefor and the substance of such sealed bids noted in the minutes;and WHEREAS,upon final consideration of all bids,the bid of Dain Rauscher Incorporated,West Des Moines, Iowa,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,as follows: Section 1.The bid referred to in the preamble hereof is hereby accepted,and the Bonds,maturing on June 1 in each of the years,in the respective principal amounts and bearing interest at the respective rates,as follows:: Interest Rate Principal Interest Rate Principal Year Per Annum Amount Year Per Annum Amount 2003 4.00%$70,000 2010 4.20%$150,000 2004 4.00%$85,000 2011 4.30%$160,000 2005 4.00%$100,000 2012 4.40%$165,000 2006 4.00%$120,000 2013 4.50%$175,000 2007 4.00%$125,000 2014 4.60%$180,000 2008 4.00%$135,000 2015 4.70%$190,000 2009 4.10%$145,000 2016 4.80%$200,000 are hereby awarded and authorized to be issued to the said bidder at the price specified in such bid,together with accrued interest. Section 2.The form of agreement of sale of the Bonds is hereby approved,and the Mayor and City Clerk are hereby authorized to accept and execute the same for and on behalf of the City and to affix the City seal thereto. Section 3.The Bonds shall be in the denomination of $5,000 each,or any integral multiple thereof, shall be dated December 1,2001,and shall become due and payable and bear interest as set forth in Section 1 hereof. Bankers Trust Company,N.A.,Des Moines,Iowa,is hereby designated as the Bond Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the "Bond Registrar"or the "Paying Agent". The City reserves the right to call and redeem 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 particnlar part of those Bonds to be redeemed shall be selected 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 Bond Registrar will issne and deliver 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 right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided,shall cease to bear interest on the redemption date. 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 appeariog on the bond 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 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 priocipal of and interest on the Bonds. 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 prioted 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 signatrue shall nevertheless be valid and sufficient for all purposes,the same as if such officer had remained in office until delivery. 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 Bond Registrar,and after such registration payment of the principal thereof and interest thereon shall be made to the registered owners,their legal representatives or assigns.Each Bond shall be transferable only upon the registration books of the City upon presentation to the Bond Registrar,together with either a written instrnment of transfer satisfactory to the Bond Registrar or the assignment form thereon completed and duly executed by the registered owner or the dnly 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, The Bonds shall not be valid or become obligatory for any pnrpose until the Certificate of Authentication thereon shall have been signed by the Bond Registrar. 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 continue to act as securities depository for the Bonds or the City determines not to continue the book-entry system for recording ownership interests io the Bonds 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. 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. The City will have no responsibility or obligation to such Participants or the persons for 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 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 4.The form of Bonds shall be substantially as follows: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DALLAS CITY OF WAUKEE GENERAL OBLIGATION URBAN RENEWAL BOND, SERIES 200lC No. $--- RATE MATURlTY DATE BOND DATE CUSIP August 1,2001 The City of Waukee (the "City"),in the County of Dallas,State of Iowa,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 "Bond 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 matnrity 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 will 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 Bond Registrar. This Bond is one of a duly authorized series of bonds (the "Bonds")issned by the City pursuant to and in strict compliance with the provisions of Chapters 384 and 403 of the Code of Iowa,2001,and all laws amendatory thereof and supplementary thereto,and in conformity with a resolution of the City Council duly passed,approved and recorded for the purpose of defraying the cost of planning,undertaking and carrying out an urban renewal project within the Waukee Economic Development District,consisting of the construction of improvements to the Hart Center recreation facility. The City reserves the right to call and redeem part or all of the Bonds maturing in each of the years 2010 to 2016,inclusive,prior to and in any order of matnrity 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 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 Bond Registrar will issue and deliver 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 right of redemption and as to which notice as aforesaid shall have been given and for the redemption of wbich fonds are duly provided,shall cease to bear interest on the redemption date. 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 Bond Registrar,after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Bond Registrar, together with either a written instrument of transfer satisfactory to the Bond Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The City,the Bond 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 Bond 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 or to be 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 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 August I,2001. CITY OF WAUKEE,IOWA By (Facsimile Signature) Mayor Attest: (Facsimile Signature) City Clerk Registration Date:(Registration Date) BOND REGISTRAR'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 Bond Registrar By (Signature) 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 JTTEN as tenants in common as tenants by the entireties as joint tenants with right of survivorship and UTMA ----;-:::----c------(Cust) As Custodian for --cccc--c~~---~~ (Minor) under Uniform Transfers to Minors Act not as tenants in common _ (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. Dated:_ Signature gnaranteed: (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 institutious 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 5.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 Bond Registrar for registration,authentication and delivery to the purchaser,as determined by the City Council,upon receipt of the purchase price thereof,with accrued interest thereon,and all action heretofore taken in connection with the sale and award of the Bonds is hereby ratified and confirmed in all respects. Section 6.As required by Chapter 76 of the Code of Iowa,and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on the Bonds as it falls due, and also to pay and discharge the principal thereof at maturity,there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds or any of them are outstanding,a tax sufficient for that purpose,and in furtherance of this provision,but not in limitation thereof,there be and 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$228,529; For collection in the fiscal year beginning July 1,2003, sufficient to produce the net annual sum of$I68,670; For collection in the fiscal year beginning July 1,2004, sufficient to produce the net annual sum of$I80,270; For collection in the fiscal year beginning July 1,2005, sufficient to produce the net annual sum of $196,270; For collection in the fiscal year beginning July 1,2006, sufficient to produce the net annual sum of$I96,470; For collection in the fiscal year beginning July 1,2007, sufficient to produce the net annual sum of $201,470; For collection in the fiscal year beginning July 1,2008, sufficient to produce the net annnal snm of $206,070; For collection in the fiscal year beginning July 1,2009, sufficient to produce the net annual sum of$205,125; For collection in the fiscal year beginning July 1,2010, sufficient to produce the net annual sum of $208,825; For collection in the fiscal year beginning July 1,2011, sufficient to produce the net annual sum of $206,945 For collection in the fiscal year beginning July 1,2012, sufficient to produce the net annual sum of $209,685; For collection in the fiscal year beginning July 1,2013, sufficient to produce the net annual sum of $206,810; For collection in the fiscal year beginning July 1,2014, sufficient to produce the net annual sum of $208,530; For collection in the fiscal year beginniug July 1,2015, sufficient to produce the net annual sum of$209,600. Section 7.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 bereby authorized.When annually entering such taxes for collection,the County Auditor shall include the same as a part 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 sball be deposited into such special account and used to pay interest due on the Bonds on the first interest payment date. Section 8.The interest or principal and both of them falling due in any year or years sball, 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. Section 9.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 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 court decisions 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 Intemal Revenue Code. Section 10,Continuing Disclosure. (a)Purnose 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 covenauts aud agreements for the benefit of the Owners (as hereiuafter defmed)from time to time of the outstanding Bonds.The City is the only "obligated person"with respect to the Bonds within the meaning of 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 may 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 coustitute 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)Information To Be Disclosed.The City will provide,in the mauner set forth in subsection (c)hereof,either directly or indirectly through an agent designated by the City,the following information at the following times: (I)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 fmancial information and operating data with respect to the City (the "Disclosure Information"): (A)The audited fmancial 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 as modified in accordance with the govemmental accounting standards promulgated by the Goverurnental 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,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 fmancial 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 goverurnental 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 Notwithstanding the foregoing paragraph,if the audited financial statements are not available by the date specified,the City shall provide on or before such date unaudited fmancial statements in the format reqnired 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 fmancial statements. Any or all of the Disclosure Information may be incorporated by reference,if it is updated as required hereby,from other docmnents,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 any 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 ifthe City includes in the Disclosure Information a statement to such effect;provided,however,if such operations have 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 replacement operations would be a Material Fact (as defmed in paragraph (3)hereof),then,from and after such determination,the Disclosure Information shall include such additional specified data regarding the replacement operations. 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 fmaneial 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 defmed): (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 reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Bond or,if not disclosed,would significantly alter 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 ofthe 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)(l)at the time speeified thereunder; (B)the amendment or supplementing of this section pursuant to subsection (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); (D)any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared;and (E)any change in the fiscal year of the City. (c)Manner of Disclosure.The City agrees to make available the information described in subsection (b)to the following entities by telecopy,overnight delivery,mail or other means,as appropriate: (I)the information described in paragraph (I)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 described 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 Bondowuer,to any Bondowuer who requests in writing such information,at the time of transmission under paragraphs (I)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)Tenn;Amendments;Interpretation. (I)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 fmal 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,withont notice to (except as provided in paragraph (c)(3)hereof)or the consent of the Owuers 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,nature or stains 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 Rille;(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 (i)(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 Bondowuers under the Rule. If the Disclosure Information is so amended,the City agrees to provide,contemporaneously with the effectiveness of such amendment,an explanation of the reasons for the amendment and the effect,if any,of the change in the type offmancial 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 II. extent of such conflict. All resolutions or parts thereof in conflict herewith are hereby repealed to the Passed and approved July 16,2001. Mayor Attest: City Clerk (1 O)Resolution:Approving sale of Library Bonds:The library bonds also go out 15 years.Have higher coupons due to the double tax exemption on the Urban Renewal Bonds.Six bids were received for these bonds.The high bid was submitted by Banker's Bank of St.Louis at 4.85%.The low bid was submitted by Harris Trust representing a consortium or an underwriting syndicate of Wells Fargo Brokerage Services,LLC,First Tennessee of Kansas City and Kirlin Securities,Inc.at a net interest cost and a true interest rate of 4.717%.This bid was again well represented by banks from the region. The total cost of issuance for the two bond issues is about $40,000.The net interest cost for the Library bonds is about $2400 less than the Urban Renewal bonds.This difference results from the fact that the Library bonds are more front loaded in the sense that they are paid off a little bit sooner resulting in the savings of $2,400.Nick Gruber moved to approve the sale of the Library bonds.Bill Peard second.Roll call:Ayes:Gruber,Peard, Berger,Johnson.Nays:None.Motion carried 4 -O. RESOLUTION NO.01-119 Providing for the sale and issuance of $2,000,000 General Obligation Library Bonds,Series 200 lB,and providing for the levy of taxes to pay the same WHEREAS,the City of Waukee,Iowa (the "City"),has heretofore proposed to contract indebtedness and issue General Obligation Library Bonds pursuant to the provisions of Division III of Chapter 384 of the Code oflowa for the purpose of constructing,equipping and furnishing a new municipal library and has called a special City election to vote on the question of issuing such bonds,at which election the proposition was adopted by a vote in favor equal to at least 60%of the total votes cast for and against the proposition;and WHEREAS,pursuant to Notice of Sale of the Bonds heretofore given in strict compliance with the provisions of Chapter 75 of the Code of Iowa,sealed bids for the purchase of the Bonds were received and canvassed on behalf of the City at the time and place fixed therefor and the substance of such sealed bids noted in the minutes;and WHEREAS,upon fmal consideration of all bids,the bid of Harris Trust and Savings Bank, Chicago,Illinois,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,as follows: Section 1.The bid referred to in the preamble hereof is hereby accepted,and the Bonds, maturing on June 1 in each of the years,in the.respective principal amounts and bearing interest at the respective rates,as follows: Principal Interest Rate Principal Interest Rate Year Amount Per Annum Year Amount Per Annum 2003 $105,000 4.10%2010 $145,000 4.40% 2004 $110,000 4.125%2011 $150,000 4.50% 2005 $115,000 4.125%2012 $155,000 4.60% 2006 $120,000 4.125%2013 $165,000 4.70% 2007 $125,000 4.125%2014 $175,000 4.80% 2008 $130,000 4.15%2015 $180,000 4.85% 2009 $135,000 4.30%2016 $190,000 4.90% are hereby awarded and authorized to be issued to the said bidder at the price specified in such bid,together with accrued interest. Section 2.The form of agreement of sale of the Bonds is hereby approved,and the Mayor and City Clerk are hereby authorized to accept and execute the same for and on behalf of the City and to affix the City seal thereto. Section 3.The Bonds shall be in the denomination of $5,000 each,or any integral multiple thereof,shall be dated August I,2001,and shall become due and payable and bear interest as set forth in Section I hereof. Bankers Trust Company,N.A.,Des Moines,Iowa,is hereby designated as the Bond Registrar and Paying Agent for the Bonds and may be hereinafter referred to as tbe "Bond Registrar"or the "Paying Agent". 11,e City reserves the right to call and redeem 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 I,2009,or on any date thereafter upon terms of par and accrued interest.!fless 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 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 Bond Registrar will issue and deliver 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 right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided,shall cease to bear interest on the redemption date. 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 30-day months.Payment of interest on the Bonds shall be made to the registered owners appearing on the bond 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 lawfu1 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 uf the Paying Agent. 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. 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 be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Bond Registrar,and after such registration payment of the principal thereof and interest thereon shall be made to the registered owners,their legal representatives or assigns.Each Bond shall be transferable only upon the registration books of the City upon presentation to the Bond Registrar,together with either a written instrument of transfer satisfactory to the Bond Registrar or the assigument form 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 oflowa. The Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Bond Registrar. 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 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.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. 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. The City will have no responsibility or obligation to such Participants or the persons for 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 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 4.The form of Bonds shall be substantially as follows: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DALLAS CITY OF WAUKEE GENERAL OBLIGATION LffiRARY BOND, SERIES 200IB No. $,--- RATE MATURITY DATE BOND DATE CUSIP August I,2001 The City of Waukee (the "City"),in the County of Dallas,State of Iowa,for value received, promises to pay on the matruity 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 "Bond 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 Jnne 1 and December I of each year,commencing December 1,2001,except as the provisions hereinafter set forth with respect to redemption prior to matruity 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 011 such registration books.Interest shall be calculated on the basis ofa 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 beeu signed by the Bond Registrar. This Bond is one of a duly authorized series of bonds (the "Bonds")issued by the City pursuant to and in strict compliance with the provisions of Division III of Chapter 384 and Chapter 76 of the Code of Iowa,2001,and all laws amendatory thereof and supplementary thereto,and in conformity with a resolution of the City Council duly passed,approved and recorded for the purpose of defraying the cost of constructing,equipping and furnishing a new municipal library . The City reserves the right to call and redeem part or all of the Bonds matruing in each of the years 2010 to 2016,inclusive,prior to and in any order of maturity on June I,2009,or on any date thereafter upon tenus 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 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 Bond Registrar will issne and deliver 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 right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided,shall cease to bear interest on the redemption date. 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 Bond Registrar,after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Bond Registrar, together with either a written instrument of transfer satisfactory to the Bond Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The City,the Bond 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 dne hereon and for all other purposes,and the City,the Bond 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 ofIowa,to exist,to be had,to be done or to be 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 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 August 1,2001. CITY OF WAUKEE,IOWA By (Facsimile Signature) Mayor Attest: (Facsimile Signature) City Clerk (Facsimile Seal) Registration Date:(Registration Date) BOND REGISTRAR'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 Bond Registrar By (Signature) Authorized Officer STATEMENT OF INSURANCE Financial Guaranty Iusurance Company ("Financial Guaranty")has issued a policy containing the following provisions with respect to the City of Waukee,Iowa,$2,000,000 General Obligation Library Bonds,Series 200lE,dated July 1,2001 (the "Bonds"),such policy being on file at the principal office of Bankers Trust Company,N.A.,Des Moines,Iowa,as paying agent (the "Paying Agent"): Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to the Bondholders that portion of the principal of and interest on the Bonds which is then due for payment and which the issuer of the Bonds (the "Issuer")shall have failed to provide.Due for payment means,with respect to principal (or accreted value in the case of capital appreciation bonds),the stated maturity date thereof,or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date on which the payment of principal of the Bonds is due by reason of call for redemption (other than mandatory sinking fund redemption),acceleration or other advancement of maturity,and with respect to.interest,the stated date for payment of such interest. Upon receipt of telephonic or telegraphic notice,subsequently confirmed in writing,or written notice by registered or certified mail,from a Bondholder or the Paying Agent to Financial Guaranty that the required payment of principal or interest has not been made by the Issuer to the Paying Agent,Financial Guaranty on the due date of such payment or within one business day after receipt of notice of such nonpayment,whichever is later,will make a deposit of funds,in an account with State Street Bank aod Trust Company,N.A.,or its successor as its agent (the "Fiscal Agent"),sufficient to make the portion of such payment not paid by the Issuer.Upon presentation to the Fiscal Agent of evidence satisfactory to it of the Bondholder's right to receive snch payment and any appropriate instroments of assignment required to vest all of such Bondholder's right to such payment in Financial Guaranty,the Fiscal Agent will disburse such amount to the Bondholder. As used herein the term "Bondholder"means the person other than the Issuer or the borrower(s)of bond proceeds who at the time of nonpayment of a Bond is entitled under the terms of such Bond to payment thereof. The policy is non-cancellable for any reason. FINANCIAL GUARANTY INSURANCE COMPANY ABBREVIATIONS The following abbreviations,when used in this Bond,shall be constroed as though they were written out in full according to applicable laws or regulations: TEN COM TENENT as tenants in common as tenants by the entireties UTMA _~_ (Cust) As Custodian for _ IT TEN as j oint tenants with right of survivorship and not as tenants in common (Minor) under Uniform Transfers to Minors Act (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. Dated:_ 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 wi th the name of the registered owner as it appears on this Bond in every particular,without alteration or enlargement or any change whatever. Section 5.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 Bond Registrar for registration,authentication and delivery to the purchaser,as determined by the City Council,upon receipt of the purchase price thereof,with accrued interest thereon,and all action heretofore taken in connection with the sale and award of the Bonds is hereby ratified and confirmed in all respects. Section 6,As required by Chapter 76 of the Code oflowa,and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on the Bonds as it falls due, and also to pay and discharge the principal thereof at maturity,there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds or any of them are outstanding,a tax sufficient for that purpose,and in furtherance of this provision,but not in limitation thereof,there be and 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 $268,804; For collection in the fiscal year beginning July I,2003, sufficient to produce the net annual sum of $195,043; For collection in the fiscal year beginning July 1,2004, sufficient to produce the net annual sum of $195,505; For collection in the fiscal year beginning July I,2005, sufficient to produce the net annual sum of$195,762; For collection in the fiscal year beginning July 1,2006, sufficient to produce the net annual sum of $195,812; For collection in the fiscal year beginning July 1,2007, sufficient to produce the net annual sum of$195,655; For collection in the fiscal year beginning July 1,2008, sufficientto produce the net annual sum of $195,260. For collection in the fiscal year beginning July I,2009, sufficient to produce the net annual sum of$199,455. For collection in the fiscal year beginning July 1,2010, sufficient to produce the net annual sum of$198,075. For collection in the fiscal year beginning July 1,2011, sufficient to produce the net annual sum of$196,325. For collection in the fiscal year beginning July 1,2012, sufficient to produce the net annual sum of$199,195; For collection in the fiscal year beginning July 1,2013, sufficient to produce the net annual sum of $20 1,440; For collection in the fiscal year beginning July 1,2014, sufficient to produce the net annual sum of $198,040; For collection in the fiscal year beginning July 1,2015, sufficient to produce tbe net annual sum of$199,310. Section 7.A certified copy of this resolution shall be filed with tbe County Auditor of Dallas County,and said Auditor is hereby instructed to enter for collection and assess tbe tax hereby authorized.When annually entering such taxes for collection,the County Auditor shall include the same as a part 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 8.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. Section 9.It is the intention of the City that interest on the Bonds be and remain exclnded from gross income for federal income tax pnrposes pursnant to the appropriate provisions of the Intemal Revenne Code of 1986,as amended,and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code").In furtherance thereof,the City covenants to comply with the provisions of the Intemal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws,regulatioas,published rulings and court decisions 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 Intemal Revenue Code. Section 10.Continuing Disclosure. (a)Purnose and Beneficianes.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 the Rnle for purposes of identifying the entities with respect to which contiauing disclosure must be made. Currently,the City is compliant with its Continning Disclosure reqnirements.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 persoa aggrieved thereby, including the Owners of any outstanding Bonds,may take whatever action at law or in equity may 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 lire 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)Information 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 at the following times: (I)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 operatiag dala with respect to the City (the "Disclosure Information"): (A)The audited fmaucial statemeuts of the City for such fiscal year,accompauied by the audit report aud opiuiou of the accountant or government auditor relating thereto,as perruitted or required by the laws of the State of Iowa,which finaucial 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 as modified in accordance with the governmental accounting standards promulgated by the Governmental 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 aud the effect thereof,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 finaucial 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 Notwithstanding the foregoing paragraph,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 fmancial 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 Muuicipal Securities Rulemaking Board.The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any 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 have been replaced by other City operations with respect to which data is not included in the Disclosure Information and the City deterruines that certain specified data regarding such replacement operations would be a Material Fact (as defmed in paragraph (3)hereof),then,from aud after such determination,the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as perruitted 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 fmancial information or operating data provided. (2)In a timely marmer,notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defmed): (A)Principal and interest payment delinquencies; (B)Non-payment related defaults; (C)Unscheduted 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; (1)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 reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Bond or,if not disclosed,would significantly alter 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)(I)at the time specified thereunder; (B)the amendment or supplementing of this section pursnant to subsection (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); (D)any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared;and (E)any change in the fiscal year of the City. (c)Manner of Disclosure.The City agrees to make available the information described in subsection (b)to the following entities by telecopy,overnight delivery,mail or other means,as appropriate: (I)the information described in paragraph (I)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 described 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 (I)or (2)of this subsection (c),as the case may be,Of,if such information is transmitted with a subsequent time of release,at the time such information is to be released. (d)Term;Amendments;Interpretation. (I)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,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 (i)(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 nnder the Rule. If the Disclosure Information is so amended,the City agrees to provide,contemporaneously with the effectiveness of such amendment,an explanation of the reasons for the amendment and the effect,if any,of the change in the type of fmancial information or operating data being provided hereunder. (3)This section is entered into to comply with the continuing disclosure provisions of the Rille and should be construed so as to satisfy the requirements of paragraph (b )(5)of the Rule. Section II. extent of such conflict. All resolutions or parts thereof in conflict herewith are hereby repealed to the Passed and approved July 16,2001. Mayor Attest: City Clerk (ll)Discllssion:Request from Locust/Walnut St.property owners to abandon alley.Jim Thompson submitted a petition signed by neighbors whose homes border the alley to vacate the alley.He indicated that the neighborhood homes have maintained the alley through the years.Fred Dunsmore,another neighbor,apparently has experienced a number of cars driving back and forth in the alley behind his house.John Gibson has indicated that this alley can be vacated;however,the utility companies,who have an easement by means of that alley must have access through that area at any time for as long as needed.Nick Gruber moved to receive and file and to forward this request to staff for appropriate action.Bill Peard second.Roll call:Ayes:Gruber,Peard,Berger, Johnson.Nays:None.Motion carried 4 -O. (12)Receive and File:Conceptual Design of Library.Discussion included the overall design of the building,a future addition,elevation and the sanitary sewer hook-up off Warrior Lane,sidewalks and traffic pattern in parking.Bill Peard moved to receive and file.Marvin Berger second.Roll call:Ayes:Peard,Berger,Gruber,Johnson.Nays: None.Motion carried:4 -O. (13)Resolution:Approving Seal Coat Bids.Black Top Surface Inc.from Humboldt is the low bidder.No further discussion.Gruber moved to approve resolution.Johnson second.Ayes:Gruber,Berger,Peard,Johnson.Motion carried:4-0. RESOLUTION 01-120 RESOLUTION ACCEPTING BLACKTOP SERVICE COMPANY'S BID FOR STREET PATCHING AND SEAL COATING WHEREAS,the City of Waukee desiring to provide a street maintenance program for the safety of it's citizens;AND WHEREAS,the City having requested a bid submittal for street patching and seal coating on July 9,2001; AND WHEREAS,Blacktop Service Company of Humboldt,Iowa having submitted the low bid of$67.75 per ton for installation of A.C.C.patch material,$0.79 per square yard of single seal and $1.65 per square yard of double seal;AND NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby accept the bid of Blacktop Services Company for street patching and seal coating on this 16th day of July 2001. Donald L.Bailey,Jr.,Mayor ATTEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Jolmson X (14)Resolution:Approving Veenstra &Kimm as engineers for Warrior Lane improvements phase I &II Will want to include the rest of Warrior Lane north of the Library site up to the 5 way stop and will present a second resolution for the design of the remainder of the street.Nick Gruber moved to approve.Bill Peard second.Roll call: Ayes:Gruber,Peard,Berger,Johnson.Nays:None.Motion carried:4 -O. RESOLUTION 01·121 RESOLUTION APPROVING AGREEMENT WITH VEENSTRA &KIM FOR THE WARRIOR LANE IMPROVMENTS PROFESSIONAL ENGINEERING SERVICES WHEREAS,the City Council having approved the Warrior Lane Improvements in the Capitol Improvement Projects;AND WHEREAS,the City desiring to complete the project in the summer of 200 1;AND WHEREAS,Veenstra &Kimm have proposed to do the Design Services in the amount of $I 5,000, General Services for $3,500 and the Review and Staking Services not to exceed $9,500; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve the agreement with Veenstra &Kinnn for the Warrior Lane Improvements Professional Engineering Services on this 16th day ofJuly 2001. 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 X X X NAY ABSENT X X (15)Resolution:Approving pay estimate no.3 for the elevated storage.Marvin Berger moved to approve.Nick Gruber second.Wayne Johnson wanted to know the remaining amount owed.John Gibson responded that we are a little more than half done and the contract price is $491,000,so the remaining amount due is roughly $200,000.Mayor requested Roil cail:Ayes:Berger,Gruber,Peard,Johnson.Nays:None.Motion carried: 4 -O. RESOLUTION 01-122 APPROVING PAY ESTIMATE NO.3 FOR THE ELEVATED STORAGE TANK PROJECT WHEREAS,Diversified Coatings,Ltd having completed 46%of the 500,000 gallon elevated storage tank modification project;AND WHEREAS,Diversified Coatings have requested partial payment in the amouot of$98,562.50 for the work that has been completed;AND WHEREAS,Veenstra &Kimm have reviewed the partial pay estimate and recommend payment; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve Pay Estimate No.3 in the amount of $98,562.50 to Diversified Coating,Ltd.for the work completed ou the Elevated Storage Tank Project on this 16th day ofJuly 2001. 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 X (16)Resolution:Designating Veenstra &Kimm as engineers for the Triangle Redevelopment Phase I Once again the Mayor wants to ensure that the business owners surrounding the triangle area be part ofthe development phase and that the City maintain two way communication.Bill Peard moved to approve.Nick Gruber second.Roil cail: Ayes:Peard,Gruber,Johnson,Berger.Nays:None.Motion carried:4 -O. AYE X X X NAY ABSENT X THE CITY OF WAUKEE,IOWA RESOLUTION 01-123 APPROVING VEENSTRA AND KIMM AS ENGINEERS ON TRIANGLE REDEVELOPMENT PHASE I IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City ofWankee wishes to maiutain a commercially and socially viable dowutown triangle area AND, WHEREAS,the City of Waukee distributed a request for proposal to which Veenstra and Kimm replied AND, WHEREAS,Veenstra and Kimm's proposal has received approval from staff and Council for both cost and content. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 16th day of July,200 I that it hereby approves the hiring of Veenstra and Kimm as engineers on Triangle Redevelopment Phase 1. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Marvin Berger BiIl Peard Mike Watts Wayne Johnson X (17)Resolution:Approving the plat survey for lot 2 Hunsberger Proprietor Plat 1.This is the NE comer of the Interstate and R22.Marvin Berger moved to approve.Nick Gruber second.Roll call:Ayes:Berger,Gruber,Johnson,Peard.Nays:None.Motion carried 4 -O. AYE X X X NAY ABSENT X THE CITY OF WAUKEE,IOWA RESOLUTION 01-124 APPROVING THE PLAT OF SURVEY FOR LOT 2 HUNSBERGER PROPRIETOR PLAT 1 IN THE NAME AND BY AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,Steve Loots is the owner of Lot 2 Hunsberger Proprietor Plat I located at 3260 Ute Avenue, AND WHEREAS,Steve Loots presented a Plat of Survey of his property showiog a division of his property; AND WHEREAS,by dividing the area used for his business and the area used for agriculture would help decrease his taxes,AND WHEREAS,the Planniog and Zoning Conunission has approved the plat as submitted, NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 16th day of July, 2001 that it hereby approves the Plat of Survey submitted by Steve Loots for the property Lot 2 Hunsberger Proprietor Plat 1,3260 Ute Avenue. Donald L.Bailey Jr.,Mayor Attest: Mark J.Arentsen,City Administrator /Clerk ROLL CALL VOTE AYE Nicholas C.Gruber X Marvio Berger X Bill Peard X Mike Watts Wayne Johnson X NAY ABSENT X (18)Discussion:Regarding amendment to Chapter 301.3 in the City Municipal Code- definition of kennel.The dog and cat ordinance is in conflict with the present zoning ordinance.Paul Huscher recommends modifying the zoning ordinance and then the cat and dog ordinance can be changed accordingly.Dogs or cats must be registered in order to be "grandfathered"in under any proposed changes.Wayne Johnson recommended changing the kennel definition to:The keeping of any dogs,cats,or other household pets of mammal group regardless of number,for sale,breeding,boarding or treatment pmposes,except in an animal hospital,veterinary clinic,or pet shop,as may be permitted by law or the keeping of more than one (I)dog,cat,or other household pet,on vacant property used for business or commercial pmposes,shall constitute a kennel (in all districts other than residential.)The ordinance to be passed will defme the number of dogs,cats or other household pets in a residential setting and include in that a "grandfather clause"whereby the total number of cats and dogs in the household who have been licensed as of a certain date may continue to exceed the number set by the Council until the animals exceeding that number either expire or are removed from the premises.Mayor Bailey suggested that the public hearing and all three readings take place to give citizens the opportunity to approve or disprove.Paul Huscher will present to the council two modified ordinances at the next meeting for Council consideration. (19)Motion:Setting August 6,2001 as the public hearing date for rezoning of the Library site.No discussion.Gruber moved to approve.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Peard,Johnson.Nays:None.Motion carried 4 -O. (20)Motion:Setting August 6,2001 as the public hearing date for precinct changes.No discussion.Nick Gruber moved to approve.Bill Peard second.Roll call:Ayes:Gruber, Peard,Berger,Johnson.Nays:None.Motion carried 4 -O. (21)Motion:Setting August 6,2001 as the date for a public hearingfor the Downing Development Agreement -Enterprise Business Park Plat -3.Discussion centered around when the infrastructure on an undeveloped property should be completed and the time frame for completion.J ody Gunderson suggested that the issue is that the land is more developable when the developer is able to market that as platted lots with infrastructure in place as opposed to a green field.It is in the City's interest to approve the development agreement.This agreement allows the developer to install infrastructure at the developer's expense and then be reimbursed through the property taxes paid on the improved lots.The developer not the City assumes the risk and expense for improving the property.Wayne Johnson suggested that we stipulate a date for the beginning of construction of the infrastructure.Nick Gruber moved to approve.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Johnson,Peard.Nays:None.Motion carried 4 -O. REPORTS: City Administrator,Mark Arentsen:Recent annexations were approved by the City Development Board.We've added another 212 acres.We have about 8 different annexation properties that we're working on.Will be working on the computer lease. Want to set up a meeting with WDM on the annexation moratorium with them. Director of Economic Development,Jody Gunderson:Ray Clark assisted in the meeting with a group at Hawkeye Acres.The group seems very interested in annexation with Waukee.Annexation is filling in some of the gaps just north of the interstate as well. Public Works Director,John Gibson:The tower project lift will commence on Tuesday, 07-17 and be completed by next week at the latest.The recent drop in water pressure is a result of the high usage by all members of the DMWW A.A letter will go out this week asking people to conserve water usage during the peak demand times.Seal coat will be moving in;citizens whose streets will be coated have been notified. City Planner,Chad Weaver:Annexations have been discussed,redistricting -voting precincts will be discussed in the next meeting. Wayne Johnson,Park Board:Appreciate the kind words concerning the July 4th efforts of the Park Board.Was involved in preliminary discussions with Phil Broderick concerning his land,which borders Fourth Street and Centennial Parks.Mr.Broderick maybe willing to allow a realigmnent of University Ave.and provide the option on land,which borders a ravine adjoining both parks so that a continuous green space would be created between the two parks.Preliminary work to see if what is envisioned is possible will take place in the next few weeks.It was a very enjoyable meeting. Bill Peard,Chamber of Commerce:Has visited with Jeff Wearmouth and will be discussing with him the possibility of bringing out someone from the Greater DM Partnership for a presentation to the members. Marvin Berger,Planning and Zoning:Had three motions:1)Hunsberger Plat, 2)Rezoning of the Library and 3)Approval of the City's Comprehensive Plan rough draft. Nick Gruber,Library:Elected officers and discussed the library design at the last meeting. At this time Mayor asked for motion to adjourn.Gruber moved.Johnson second,Ayes: all.Nays:None.Motion carried 4-0. Meeting Adjourned at 9:08PM. 39