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HomeMy WebLinkAbout2001-08-06-Regular MinutesWAUKEE CITY COUNCIL MINUTES August 6,2001 (1)Call to Order -The August 6,2001 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,Mike Watts,Bill Peard and Wayne Johnson. (3)Open Forum -Veronica Stalker,Superintendent of the Waukee School System,She came forth to acknowledge the support and cooperation of the City during the last six months when the school was building the track and rocking the area behind the Middle School.In appreciation of the Department of Public Works efforts during that time,Dr.Stalker presented to all staff of the department a free ticket to the first home game of the season,In addition,John Gibson, Director of Public Works,was given a Waukee Sweatshirt to be worn when the weather turns a little colder ..., (4)Agenda Additions /Approval-No changes,Motion made by Nick Gruber and second by Marvin Berger to approve the agenda as written.Ayes:All Nays:None. Motion carried 5-0, (5)Consent Agenda- A.Approve July 13 &31 Payroll and Bill List B.Approve City Council Minutes for July 11 &July 16 C.Approve Outdoor Service for Triatomic,Inc.doing business as The Bank Marvin Berger moved Mike Watts second to approve all items.Ayes:Gruber,Berger, Watts,Peard,Johnson.Nays:None,Motion carried 5-0, BILL LIST 8/2/01 NO DEBT ENTERED BANKERS TRUST COMPANY ICMA IPERS -POLICE AUG '01 SINKING FUND XFE ICMA ICMA IPERS IPERS PD IPERS PDIPERS STATEW/H STATE W/H $80,050,00 $500.20 $500,20 $2,748.15 $3,123,53 $2,382.96 $2,530,78 $2,181.26 $2,693,67 IPERS TREASURER,STATE OF IOWA POLICE OPERATIONS ALLEGRA BUSINESS COMMUNICATIONS STATEMENTS SCHOOL LICENSE GUIDELINE KENWOOD RADIO SER #21100 REPLACE 2 WAY ANTENNA CA RADIO REPAIR RADIO REPAIR $113,31 $34,28 $1,550,00 $86,30 $50,00 $55,50 NEWMIC $92.00 RADIO REPAIR $50.00 RADIO REPAIR $50.00 REPLACE 2 WAY ANTENNA CA $63.00 NEW CAR SCANNER ANTENNA $49.95 ELECTRONIC ENGINEERING C MIC/REMOTE SPEAKER $96.00 EVIDENCE COLLECTION AND SUPPLIES $55.11 FASTPRO INTERNATIONAL IN GLASS CLEANING WIPES $14.90 FESLERS INC NEW PATROL CAR EQUIPMENT $385.03 GALL'S INC EQUIP NEW PATROL CAR $172.98 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $6,379.05 LAW ENFORCEMENT EQUIPMENT SAFETY TUBE/CRUISER MATE $38.95 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $184.00 MC LEOD USA JUL '01 STATEMETN-POLICE $395.24 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $153.98 MID AMERICAN ENERGY JUL '01 STATEMENT-POLICE $568.52 MIDWEST OFFICE TECHNO LOG TYPEWRITER MAINTENANCE $114.00 MIGHTY TIDY CLEANING JUL '01 CLEANING-POLICE $450.00 OLSON'S BODY &PAINT EXPLORER DOOR LATCH ASSY $68.00 CROWN VIC CAGE INSTALL $407.00 OMB POLICE SUPPLY CLIPBOARD/MAG POUCH $58.94 PANTS $54.49 QUALITY FORD OF WDM KEYS $10.00 EXPLORER REPAIRS $518.78 SULLIVAN,TIM INSTALL RADAR EQUIP NEW $439.92 INSTALL RADAR EQUIP NEW $452.32 SW SERVICES CONSULTING $245.00 UNIVERSITY PHOTO PHOTO DEVELOPING $19.94 PHOTO DEVELOPING $10.12 USIINC OPTI CLEAR POUCHES $81.51 VIDEO SERVICE OF AMERICA POLAROID FILM $65.13 WAUKEE AUTO WASH CARWASH TOKENS $210.00 FIRE PROTECTION JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $277.35 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $30.60 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $14.72 MID AMERICAN ENERGY JUL '01 STATEMENT $753.63 TEAM TWO INC JUN '01 BILLING $294.06 STREET LIGHTING MID AMERICAN ENERGY JUL '01 STATEMENT $5,947.55 JUL '01 STATEMENT $626.44 TRAFFIC SIGNAL LIGHTS IOWA SIGNAL &ELECTRIC C RAISED BEACON $50.00 MID AMERCAN ENERGY JUL '01 STATEMENT $374.78 JUL '01 STATEMENT $110.13 BUILDING INSPECTION ACADEMIC CAPITAL GROUP I AUG '01 COMPUTER LEASE $149.78 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $1,664.10 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $37.33 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $26.72 RICHARDSON,BETH JUL '01 MILEAGE $5.44 JUL '01 MILEAGE $5.10 2 JUL '01 MILEAGE $14.62 JUL '01 MILEAGE $6.12 TRIPLETI OFFICE ESSENTIAL OFFICE SUPPLIES $22.34 FOLDERS $54.11 SPECIAL ASSESSMENT SIDWALK PROG DALLAS COUNTY NEWS JUL '01 STATEMENT $129.76 VEENSTRA &KIMM INC JUL '01 STATEMENT $4,485.00 HIGHWAY 6 STREET LIGHT SA PROJECT DALLAS COUNTY NEWS JUL '01 STATEMENT $99.97 SNYDER &ASSOCIATES INC JUN '01 STATEMENT $2,350.50 WARIOR LANE IMPROVEMENT PROJECT VEENSTRA &KIMM INC JUL '01 STATEMENT $2,250.00 UNIVERSITY AVE WIDENING PROJECT CITY OF WEST DES MOINES UNIV AVE WIDENING $102,279.00 LIBRARY SERVICES JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $1,386.75 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $41.25 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $14.72 WELLS FARGO -LIBRARY PE JUL '01 PETTY CASH $205.78 DALLAS COUNTY NEWS JUL '01 STATEMENT $56.22 ENGINEERING RESOURCE GRO LIBRARY BOUNDARY &TOPO $1,680.00 FEH ASSOCIATES INC LIBRARY FEES $14,750.00 TEAM SERVICES INC LIBRARY SUBSURFACE EXPLO $1,840.00 PARKS ANN EAR EQUIPMENT INC MOWERfTRIMMER REPAIRS $91.61 MOWERfTRIMMER REPAIRS $114.55 MOWERfTRIMMER REPAIRS $68.85 BERGFELD RECREATION INC PARK EQUIPMENT $5,972.00 BIG BEAR EEQUIPMENT INC OIL FILTER $34.00 CAPITAL SANITARY SUPPLY TRASH BAGS $230.55 TRASH BAGS $45.56 DOWELL,DON TENT RENTAL $200.00 J &M DISPLAYS INC 2001 FIREWORKS $5,980.00 GIFT CERTIFICATE -$25.00 JEMINT JAMS FIRE WORKS MUSIC/SET UP $500.00 JIMS JOHNS PORTABLE UNITS/4TH JULY $950.00 .JOHN DEERE HEALTH PLAN I AUG '01 LIFE INSURANCE $55.47 MADISON NATIONAL LIFE AUG '01 LIFE INSURANCE $17.94 MENARDS TOOLS $46.26 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE -$79.49 MID AMERICAN ENERGY JUL '01 STATEMENT $20.00 NORTHERN TRAILER JACK $26.99 QWEST JUL '01 STATEMENT 987·97 $60.06 R·WAY CONCRETE CONCRETE $193.88 CONCRETE $564.00 VEENSTRA &KIMM INC JUL '01 STATEMENT $115.00 WASTE MANAGEMENT OF IOWA JUL '01 SERVICE·CENTENNI $185.32 COMMUNITY CENTER ARAMARK UNIFORM SERV MAT SERVICE-COMM CENTER $44.92 MID AMERICAN ENERGY JUL '01 STATEMENT $291.51 MIGHTY TIDY CLEANING JUL '01 CLEANING·COMM CE $110.00 SERVICE MASTER CARPET CLEANIGN·COMM $157.04 3 CEN PUBLIC WORKS ARAMARK UNIFORM SERVICES MAT SERVICE-PUBLIC WORKS $34.40 AT&T JUL '01 STATEMETN/9870-08 $15.01 FASTPRO INTERNATIONAL IN FIRST AID SUPPLIES $13.90 FIRST AID SUPPLIES $59.70 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $277.35 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $30.32 MBNA AMERICA BUSINESS CA JUL '01 STATEMETN-GIBSON $119.36 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $7.36 MID AMERICAN ENERGY JUL '01 STATEMENT $401.01 UNITED STATES CELLULAR JUL '01 STATEMENT $65.28 WATER UTILITY E H WACHS COMPANY VALVE TURNER $4,639.65 HACH COMPANY WATER TESTING CHEMICALS $71.90 IOWA DEPT OF NATURAL RES FY2002 WATER SUPPLY FEE $662.79 IOWA ONE CALL JUN '01 STATEMETN $265.50 JUN '01 CREDIT NOT IN AR -$37.50 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $887.52 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $17.50 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $8.83 MID AMERICAN ENERGY JUL '01 STATEMENT $606.49 JUL '01 STATEMENT $4.39 MUNICIPAL SUPPLY LOCATE FLAGS $417.90 SIENKNECHT,KRISTAL GASIWATER DEPOSIT REFUND $50.00 US FILTERIWATERPRO METERS $2,481.00 METERS $554.58 METERS $1,341.00 METERS $793.50 VEENSTRA &KIMM INC JUL '01 STATEMENT $6,242.58 SANITARY SEWERS &TREATMENT FACI FASTPRO INTERNATIONAL IN LATEX GLOVES $29.70 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $887.52 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $21.72 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $8.83 MID AMERICAN ENERGY JUL '01 STATEMENT $459.56 JUL '01 STATEMENT $4.39 JUL '01 STATEMENT $5,098.04 QWEST JUL '01 STATEMNT 987-60 $42.39 VEENSTRA &KIMM INC JUL '01 STATEMENT $801.08 GAS UTILITY DODGE,JUSTIN JEANS $82.85 GROEBNER &ASSOCIATES IN MAIN SCRAPERS $1,645.67 CLAMPS &CLAMP KIT $3,881.29 BURIAL TAPE $99.54 REPAIR TAPE $154.37 FUSE ON TEES $795.05 HAND,RAY GAS DEPOSIT REFUND $50.00 HEALTHCOMP EVALUATION SE DRUG TESTS $75.00 IOWA DEPART OF COMMERCE FY01 ASSESS IA ENERGY $1,680.00 IOWA ONE CALL JUN '01 STATEMENT $265.50 JUN '01 CREDIT NOT IN AREA -$37.50 4 IOWA PIPELINE ASSOC INC LEAK REPAIR $192.70 SUBDIVISION GAS MAIN $16,320.53 GAS MAIN INSTALLATION $11,182.74 LEAK REPAIR $335.48 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $1,996.92 MADISON NATiONAL LIFE AUG '01 DISABILITY INSUR $55.58 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $29.56 MID AMERICAN ENERGY JUL '01 STATEMENT $220.19 JUL '01 STATEMENT $4.39 MID LAND EQUIPMENT COMPA HYD HOSE $56.32 PLUMB SUPPLY COMPANY STEEL PIPE $26.76 STEEL PIPE $5.98 STEEL PIPE $16.72 QWEST JUL '01 STATEMENT 987·08 $39.38 JUL '01 STATEMENT 440-63 $36.77 SIENKNECHT,KRISTEL GASiWATER DEPOSIT REFUND $50.00 TESNET DRUG TESTING $18.00 UNITED STATES CELLULAR JUL '01 STATEMENT $72.39 VEENSTRA &KIMM INC JUL '01 STATEMENT $281.00 ZIEGLER INC HYDHOSE $60.37 UTILITY BILLING ACADEMIC CAPITAL GROUP I AUG '01 COMPUTER LEASE $74.89 BUDGET STORAGE RENTAL AUG '01 STORAGE $40.00 INVENSYS METERING SYSTEM SYSTEM SUPPORT 9/01-9/02 $750.00 STREETS DEPARTMENT BARCO MUNICIPAL PRODUCTS CAUTION TAPE $86.42 BROWN SUPPLY CO INC MARKING FLAGS $13.00 BRUSKE PRODUCTS INC BROOMS &BRUSHES $186.71 BUSINESS COMMUNICATIONS RADIO REPAIR $85.00 DAN RAITT INC RIP RAP $193.91 DES MOINES ASPHALT &PAV COLD MIX $1,001.25 ELECTRICAL ENGINEERING E MIN LAMP $8.22 ELLIOTT EQUIPMENT CO AI CLEANER HOUSING $270.66 FAST INC STR ROPE $31.63 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $1,442.22 LOGAN CONTRACTORS SUPPLY PAPER CUPS $9.90 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $35.42 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $15.19 MID AMERICAN ENERGY JUL '01 STATEMENT $4.39 MID STATES FORD INC REPAIR LINKAGE $159.16 MINER DUST CONTROL DUST CONTROL $1,233.72 MOSS BROTHERS INC KEY $5.65 PLUMB SUPPLY COMPANY TANK REPAIRS $5.79 PRAXAIR WELDING GAS $22.85 QUICK SUPPLY CO EROSION CONTROL $628.50 R·WAY CONCRETE CONCRETE $654.50 CONCRETE $577.50 CONCRETE $462.00 CONCRETE $308.13 TRAFFIC MARKING SERVICE TRAFFIC STRIPES $7,328.60 5 ZIEGLER INC GRADER BLADES $264.36 GRADER BLADES $132.18 HYDE HOSE $67.48 ADMINISTRATION ACADEMIC CAPITAL GROUP I AUG '01 COMPUTER LEASE $224.65 ANE COMPUTER SERVICES COMPUTER MAINTENANCE $100.00 COMPUTER MAINTENANCE $150.00 COMPUTER MAINTENANCE $225.00 COMPUTER MAINTENANCE $175.00 ARAMARK UNIFORM SERVICES MAT SERVICE-CITY HALL $55.56 MAT SERVICE-CITY HALL $55.56 ARENTSEN,MARK AUG '01 AUTO ALLOWANCE $250.00 BAKER COMMUNICATIONS PHONE $192.47 BUDGET STORAGE RENTAL AUG '01 TORAGE $40.00 DALLAS COUNTY NEWS JUL '01 STATEMENT $2,495.62 IOWA LEAGUE OF CITIES FY2002 ANNUAL SERVICE FE $100.00 JOHN DEERE HEALTH PLAN I AUG '01 HEALTH INSURANCE $1,386.75 LASER QUIPT FAX REPAIRfTONER $43.00 LITHO GRAPHICS PRINT COMM AUG '01 NEWSLETIER $361.00 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $89.14 MBNA AMERICA BUSINESS CA JUL '01 STATEMETN-ARENTS $305.95 JUL '01 STATEMETN·GUNDER $139.90 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $63.80 MID AMERICAN ENERGY JUL '01 STATEMENT $258.92 JUL '01 STATEMENT $615.36 PAARDEKOOPER,CATHY JUL '01 MILEAGE/EXPENSES $53.99 QWEST JUL '01 STATEMENT 987-83 $47.98 ROTARY QTRLY DUES-ARENTSEN $125.00 SELECT OFFICE SYSTEMS SERVICE PLAN OVERAGE COP $1,282.04 STAPLES FOR COPIER $66.00 SIGNS NOW FOR LEASE SIGN $46.50 SULLIVAN,CURT JUL '01 MILEAGE $6.80 TRIPLETI OFFICE ESSENTIAL CREDIT-ENVELOPES -$29.54 COPY PAPER $31.70 COPY PAPER $126.80 OFFICE SUPPLIES $52.94 PEN REFILLS $9.16 STAPLER/PAPERCLIPS/PAPER $40.41 WALL NAME PLATE-WEAVER $39.80 POST IT NOTES/FOLDERS $13.83 LEGAL PADS $18.26 WASTE MANAGEMENT OF IOWA JUN '01 STATEMENT PRO PL $238.64 WEAVER,CHAD JUL '01 MILEAGE $14.62 JUL '01 MILEAGE $14.96 FINANCIAL ADMINISTRATION ACADEMIC CAPITAL GROUP I AUG '01 COMPUTER LEASE $74.89 BURKHART,LINDA JUL '01 MILEAGE $7.14 JUL '01 MILEAGE $6.12 MADISON NATIONAL LIFE AUG '01 DISABILITY INSUR $23.52 METLIFE SMALL BUSINESS C AUG '01 LIFE INSURANCE $7.36 PITNEY BOWES QTRLY METER RENTAL $195.00 6 TRIPLETT OFFICE ESSENTIAL ECONOMIC DEVELOPEMTN ACADEMIC CAPITAL GROUP I DALLAS COUNTY DEVELOPMENT DALLAS COUNTY NEWS GUNDERSON,JODY JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE MBNA AMERICA BUSINESS CA METLIFE SMALL BUSINESS C VEENSTRA &KIMM INC CITY ATTORNEY HUSCHER,PAUL E ENGINEERING BUSINESS COMMUNICATIONS JOHN DEERE HEALTH PLAN I MADISON NATIONAL LIFE METLIFE SMALL BUSINESS C VEENSTRA &KIMM INC GRAND TOTAL PAID PRIOR TO CO APPROVAL POLICE OPERATIONS VISA FIRE PROTECTION WELLS FARGO -CITY HALL PARKS WAUKEE LIONS CLUB WELLS FARGO -CITY HALL ADMINISTRATION RIGHARDSON,BETH SECRETARY OF STATE,CHES WELLS FARGO -CITY HALL GRAND TOTAL PAROLL 7/13 &1/31 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 OFFICE SUPPLIES $60.00 AUG '01 COMPUTER LEASE FY 2002 MEMBERSHIP #1 OF JUL '01 STATEMENT AUG '01 AUTO ALLOWANCE AUG '01 HEALTH INSURANCE AUG '01 DISABILITY JUL '01 STATEMETN-GUNDER AUG '01 LIFE INSURANCE JUL '01 STATEMENT $74.89 $1,922.25 $19.84 $250.00 $526.97 $31.73 $115.26 $7.36 $489.70 AUG '01 LEGAL SERVICES $2,000.00 RADIO INSTALLATION AUG '01 HEALTH INSURANCE AUG '01 DISABILITY INSUR AUG '01 LIFE INSURANCE JUL '01 STATEMENT $118.00 $554.70 $18.86 $22.08 $10,517.90 $378,108.66 JUL '01 STATEMENT/FORD $101.69 JUL '01 PETTY CASH $5.55 4TH JULY CARNIVAL TICKETS JUL '01 PETTY CASH $400.00 $49.50 COFFEEMAKER NOTARY APPLICATION- VANZEE JUL '01 PETTY CASH $52.98 $30.00 $135.31 $775.03 $1,697.98 $1,697.98 $327.28 $88.53 $561.48 $622.90 $228.72 $158.27 $1,282.46 $1,333.46 $79.57 $71.64 $427.13 7 $713.96 BURKHART,LINDA S $1,149.43 $1,365.21 BYRN,JACQUELINE M $473.34 $528.28 DAGGETT,WILLIAM J $936.13 $974.24 DAVISSON,DELORES J $89.76 $145.43 DEZEEUW,DAVID S $940.95 $1,248.29 DODGE,JUSTIN D $689.98 $820.59 DOWELL,DENNIS D $1,066.90 $1,275.87 EFTPS FEDERAL $6,346.15 FICA $6,957.50 MEDICARE $1,627.18 FEDERAL $7,630.25 FICA $7,883.34 MEDICARE $1,843.62 EMBREE,NICHOLAS F $200.06 $721.26 FORD,ELIZABETH A $758.07 $893.89 FREEMAN,BRADLEY W $1,158.41 $1,658.67 FRENCH,TRAVIS J $538.04 $446.20 GENTOSI,MICHAEL P $908.93 $865.52 GIBSON,JOHN R $1,452.61 $1,452.61 GRUBER,NICHOLAS C $92.22 GUNDERSON,JODY T $1,509.09 $1,509.09 HARRINGTON,ADAM J $631.67 $772.05 HEIMANN,RONALD L $597.47 $613.63 HERRICK,ROBERT D $916.58 $1,153.51 HOI FELDT,JENNIFER L $524.23 $721.26 JODY GENDERSON $100.00 $100.00 JOHNSON,WAYNE M $97.51 JONES,HARRY N $183.89 $351.07 KELLER,CHRISTOPHER M $922.19 $859.78 KIENE,MATT R $500.67 8 $712.13 LELAND PERKINS $400.00 $300.00 $400.00 $300.00 LIFE INS.PREM.$55.34 $55.34 LUDWIGS,MICHAEL R $844.59 $879.54 MACK,LINDA M $948.11 $948.11 MAPES,TROY M $778.57 $923.37 MARCHANT,JOEY L $778.12 $910.03 MAREAN,NICHOLAS A $376.30 $721.26 MURPHY-PETERSEN,DEVON M $749.03 $883.02 OLSON,scorr A $743.67 $879.99 PAARDEKOOPER,CATHERINE $822.94 $978.17 PEARD,WILLIAM F $88.53 PERKINS,LELAND E $200.65 $505.98 PHILLIPS,LARRY J $1,538.45 $1,538.45 POPP,SHAWN D $832.71 $1,017.35 RICHARDSON,ELIZABETH A $830.23 $966.13 ROBINSON,CLiND H $171.80 ROBINSON,KIMBERLY A $248.30 $240.96 ROYER,TIMOTHY L $947.06 $1,137.91 SCHEnLER,RODNEY A $825.93 $983.99 SCHMln,MARK J $257.66 SCHROEDER,MELANIE L $91.42 $115.19 SPENCER,ARTHUR D $360.36 $360.36 SPENCER,JEFFREY A $759.18 $869.14 SULLIVAN,CURT D $477.99 $546.21 SWAIN,CURTIS B $523.50 $686.98 TIMOTHY ROYER $100.00 $100.00 9 WILLIAMS,MIKE E WINTERS,TROY S $539.79 $633.45 $732.82 $876.14 $88.65 $998.92 $1,157.78 $523.50 $414.38 $897.26 $1,113.74 $86.15 $868.67 $880.34 TORGERSON,LISA A VAN ZEE,DIANNA L WAns,MICHAEL L WEAVER,CHAD E WEBB,BRANDON P WHITE,DANNY L GRAND TOTAL $119,015.62 (6)Mayor's Report:Received a complaint concerning the DMWW billing.Mark Arentsen is working on that and will be taking all calls concerning the change in the billing procedure for the near term.Attended the Mid-Iowa Development Fund meeting. Projects and ways to fund them were discussed.Building permits on commercial projects are down quite a bit;while building permits overall are up.The Mayor inquired about the 28E agreement with the school system.Attended an MPO meeting.This meeting as in previous meetings elicited concerns about the overall perception of projects,which take place outside of Polk County.Wayne Johnson reported that the Park Board met and discussed the 28E Agreement.He had a list of items the board wanted in that agreement and would present those to Paul Huscher,who will construct the agreement. (7)Motion:Setting Council meeting dates for remainder of August and September: August 27 special meeting,September 10 and 24 regular meetings.Limited discussion. Bill Peard moved to approve these meeting dates.Wayne Johnson second.Roll call: Ayes:Peard,Johnson,Gruber,Berger,Watts.Nays:None Motion carried:5 -O. (8)Resolution:Approving Annexation Request for Larry L.Snyder and Patricia A.Beal- Snyder &providing transitional tax reliefpursuant to Iowa Code 368.7(2).Limited discussion.Nick Gruber moved to approve.Bill Peard second.Roll call:Ayes:Gruber, Peard,Berger,Watts,Johnson.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-125 APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY,INCLUDING NON- CONSENTING PROPERTY,AND PROVIDING A TRANSITION FOR THE IMPOSITION OF TAXES IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,State of Iowa,is a duly organized municipal corporation AND, WHEREAS,the City of Waukee,Iowa has received an Application for Voluntary Annexation from Larry L.Snyder and Patricia A.Beal-Snyder,property owners of certain real estate under the ownership of said petitioner,located in Dallas County,Iowa,and shown on the map identified as Exhibit "A"attached hereto and made a part hereof and legally described as follows: East 330.0 feet of the South 735.49 feet of the W1I2 of the SW1I4 of Section 4 Township 078 North,Range 26 West of the 5'"P.M. Containing 5.5 acres,more or less,subject to road easement over the South 0.5 acres 10 thereof;Hereinafter to be known as Parcel "A"in the SWI/4 of Section 4,T78N,R26W WHEREAS,such property collectively adjoins the City as required by Chapter 368,Code of Iowa,1999, AND, WHEREAS,all notification has been carried out pursuant to Chapter 368,Code of Iowa,1999,AND, WHEREAS,it is in the best interests of the City and public that said property be annexed to the City of Waukee,at this time,AND, WHEREAS,on March 20,2000,the City Council adopted a policy,pursuant to Section 368.7(2)of the Iowa Code,to provide a transition for the imposition of City taxes to properties taxed and utilized as residential properties within an annexation area (the "Annexation Policy"),AND, WHEREAS,the following described property is taxed and utilized as a residential property,and is included in the area to be annexed under the Annexation Resolution: Parcel "A"in the SWII4 of Section 4 Township 078N,Range 26W,Dallas County,Iowa WHEREAS,pursuant to the Annexation Policy and Section 368.7(2)of the Iowa Code,it is appropriate to provide a transition for imposition of City taxes in accordance with the following formula,as set forth in Section 427B.3(1-5)of the Code ofIowa:75%for the first year,60%the second year,45%the third year, 30%the fourth year,and 15%the fifth year. NOW THEREFORE,the City Council of the City of Waukee does resolve as follows: SECTION 1.The Application for Voluntary Annexation is hereby approved and said property described as Parcel"A"in the SW 1/4 Section 4 Township 78N,Range 26W,Dallas County,Iowa shall be annexed to the City of Waukee,Iowa,in accordance with Chapter 368,Code ofIowa,1999,and such property shall hereinafter become and be part of the City of Waukee,Iowa. SECTION 2.The Mayor and City Administrator/Clerk are hereby authorized and directed to prepare and execute all documents necessary for this annexation and are directed to file the same with the City Development Board as required by the Code of Iowa. SECTION 3.A transition for imposition of taxes shall be proved to the above-described residential property pursuant to the formula set forth in Section 427B.3(1-5)of the Code ofIowa,1999 and shall be applied in the levy and collection only of City taxes. SECTION 4.This Resolution's transition for imposition of taxes shall be effective upon completion of annexation proceedings before the City Development Board;and thereafter,the City Clerk is hereby directed to file a copy of this Resolution with the Offices of the Dallas County Recorder,Auditor,Assessor and Treasurer. Passed and adopted by the City Council on August 6,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X ABSENT (9)Public Hearing:On the Resolution of Necessity for the Hickman Road Arterial Street Lighting Project.Nick Gruber moved to open the public hearing.Wayne Johnson second.Roll call:Ayes:Gruber,Johnson,Berger,Watts,Peard.Nays:None.Motion carried 5 -O.Written comments:four letters,two from Lon Hawbaker representing Paul Hawbaker and Timothy Hogan representing Regency Interests,which are Laurel Properties,LLC.,and Windfield Development II,LLC.The four letters were read into the record.Oral comments were received from Mike Roberts,Rick Ross,Larry Squire, 11 David Plorins,Steve Blumenthaul,Tim Hogan,Ed Butler,Phil Broderick regarding the proposed assessment including assessment of church property,the project as a whole, defining the recipients of the benefit and financing possibilities.The general consensus was that the project was needed for the safety of the general public and only minimally,if at all,benefited the property owners who were being assessed.The assessment was calculated at 100%against the property owners rather than 25%Cityl75%property owner or 50/50 or 75/25.Most felt that this was an extremely egregious assessment for a benefit,which,in their estimation,would benefit them little,if at all.When the question was asked as to the amount,or percentage the property owners felt would be reasonable, Jeff Downing,John Broderick,Ed Butler,Jim Phillips,Bill Kausalik,Carol Crowe,Steve Blumenthaul,Tim Hogan and Joe Schmidt responded.The overwhelming sentiment was that the Highway 6 Street Lighting Project was a public safety issue for the population traversing the highway daily and not an economic benefit or a very minimal benefit for the property owners along the highway.Most felt this was a benefit to all residents of Waukee and surrounding communities.Several suggested that this be funded with TIP or general obligation funding.The Council participated in this discussion freely and were pleased with the response to the proposed resolution of necessity.As was mentioned by Bob Josten,Counsel for this project,the procedure as dictated by state law is such that a proposal with assessment amounts must be presented to those being assessed prior to the bid procedure of receiving,accepting and letting;so the actual amount needed for any one project is really unknown until after the bidding process.The amount proposed as the assessment value is the maximum assessment amount.That amount can be reduced at any time during the procedure up to the final assessment.Further discussion by the Council and input from Mark Arentsen,City Administrator,indicated a desire by all to see the project completed before winter.To do that the Council would have to proceed with the proposed project tonight rather than delaying it until the next meeting.Mayor Don Bailey requested a motion to close the public hearing.Wayne Johnson so moved. Bill Peard second.Roll call:Ayes:Johnson,Peard,Gruber,Berger,Watts.Nays:None. Motion carried:5 -O. (lO)Resolution:Approving the Resolution of Necessity for the Hickman Road Arterial Street Lighting Project.Limited discussion.Wayne Johnson moved to approve the resolution.Marvin Berger second.Roll call:Ayes:None.Nays:Johnson,Berger, Gruber,Peard.Watts abstained.Motion failed:4 -0 with one abstention Proposed Resolution of Necessity WHEREAS,this Council has adopted a preliminary resolution in accordance with Section 384.42 of the Code of Iowa,covering the Hickman Road Arterial Street Lighting Project (the "Project");and WHEREAS,pursuant thereto,the Project Engineers have prepared preliminary plans and specifications,an estimated total cost of the work and a plat and schedule,including the valuation of each lot as determined by this Council,and the same have been duly adopted and are now on file with the City Clerk; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa: Section I.It is hereby found and determined to be necessary and for the best interest of the City and its inhabitants to proceed with the Project,and to assess a portion of the cost to the property benefited thereby. 12 Section 2.The Project shall constitute a single improvement and shall consist generally of the installation of approximately 73 roadway lighting poles;approximately 6 control stations; approximately 2,000 feet of 2 inch conduit;and electrical circuits and other associated fixtures and appurtenances thereto to provide a fully operational roadway lighting system along U.S.Highway 6IHickman Road from approximately 600 feet west of 10th Street to approximately 3200 feet east of Alice's Road. It is considered that the following described property will be benefitted by this improvement and should be specially assessed: A PART OF SECTIONS 26,27,28,29,33,34,AND 35 OF TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY, lOW A,AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 29;THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 29,600 FEET;THENCE NORTH TO A POINT BEING 75 FEET NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF U.S.HWY 6IHICKMAN ROAD;THENCE EASTERLY ALONG A LINE BEING 75 FEET NORTH OF AND PARALLEL WITH SAID NORTHELRY RIGHT OF WAY LINE THROUGH SAID SECTIONS 29,28,27,AND 26 TO A POINT BEING 600 FEET EAST OF THE WEST LINE OF THE SOUTHEAST \4 OF THE SOUTHWEST \4 OF SAID SECTION 26;THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID SECTION 26,SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 35;THENCE EAST ALONG SAID NORTH LINE OF SECTION 35 TO A POINT BEING 555 FEET EAST OF THE NORTH \4 CORNER OF SAID SECTION 35;THENCE SOUTH TO A POINT BEING 75 FEET SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID U.S.HIGHWAY 6lHICKMAN ROAD;THENCE WESTERLY ALONG A LINE BEING 75 FEET SOUTH OF AND PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY LINE THROUGH SAID SECTIONS 35,34,AND 33 TO A POINT ON THE WEST LINE OF SAID SECTION 33;THENCE NORTH ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SECTION 33,SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 29 AND THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL PUBLIC RIGHT OF WAYS,PUBLIC USE AREAS AND RESIDENTIAL PARCELS. Section 3.It is hereby found and determined that there are now on file in the office of the City Clerk an estimated total cost of the proposed work and a preliminary plat and schedule showing the amount proposed to be assessed to each lot by reason of the Project. Section 4.This Council will meet at 7:00 o'clock p.m.,on the 6th day of August,2001,at the City Hall,in the City,at which time and place it will hear the property owners subject to the proposed assessment or assessments and interested parties for or against the Project,its cost,the assessment thereof or the boundaries of the properties to be assessed. Section 5.Unless a property owner files objections with the City Clerk at the time of the hearing on this resolution of necessity,the property owner shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using the special assessment procedure. Section 6.All resolutions,parts of resolutions,or actions of the Council in conflict herewith are hereby repealed,to the extent of such conflict. Defeated this sixth day of August,2001. I3 Donald L.Bailey,Jr.Mayor Attest: Mark J.Arentsen,City Clerk ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Walts Wayne Johnson AYE NAY X X X ABSENT ABSTAIN X X (ll)Motion:Ordering City Clerk to file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule with the County Treasurer of Dallas County for the Hickman Road Arterial Street Lighting Project The previous resolution failed;therefore, this motion is moot. (12)Resolution:Ordering preparation of detailed plans,specifications,notice of hearing,notice to bidders and form of contract for the Hickman Road Arterial Street Lighting Project After discussion concerning the need for this project and the methods of funding other than assessment,Bill Peard moved to proceed with this resolution in that the City should proceed with seeking bids for the Street Lighting Project and funding will be determined prior to the letting of the bids on August 27.Mike Watts second.Roll call:Ayes:Peard,Watts,Gruber,Berger,Johnson.Nays:None.Motion carried 5 -O. RESOLUTION NO.01-127 Ordering Preparation of Detailed Plans,Specifications,Notice of Hearing,Notice to Bidders and Form of Contract WHEREAS,this Council has adopted a final Resolution of Necessity in connection with the Hickman Road Arterial Street Lighting Project (the ''Project);and WHEREAS,detailed plans and specifications,notice of hearing and notice to bidders and form of contract should now be prepared and filed with the City Clerk; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.The Project Engineers are hereby instructed to prepare and file with the City Clerk detailed plans and specifications covering the Project. Section 2.The Project Engineers and the City's Bond Counsel are hereby instructed to prepare and file with the City Clerk notice of hearing and notice to bidders and form of contract covering the Project. Section 3. repealed. All resolutions or parts of resolutions in conflict herewith are hereby Passed and approved this sixth (6"')day of August,2001. 14 Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (13)Resolution:Approving detailed plans and specifications,notice of hearing,notice to bidders and form of contract;and setting August 27'11 as the date for hearing thereon and the receipt of bids therefore for the Hickman Road Arterial Street Lighting Project Nick Gruber moved to approve this resolution.Marvin Berger second.Roll call:Ayes: Gruber,Berger,Watts,Peard,Johnson.Nays:None.Motion carried 5 -0. RESOLUTION NO.01-128 Approving Detailed Plans and Specifications,Notice of Hearing,Notice to Bidders and Form of Contract;and Setting Date for Hearing thereon and the Receipt of Bids therefore WHEREAS,this Council has adopted final Resolution of Necessity in connection with the Hickman Road Arterial Street Lighting Project (the "Project");and WHEREAS,detailed plans and specifications,notice of hearing and notice to bidders and form of contract have been prepared and filed by the Project Engineers for such project and have been examined by this Council;and WHEREAS,it is necessary to fix a time and place of public hearing on the proposed plans,specifications and form of contract and estimate of cost for the Project and to advertise for sealed bids for the Project; NOW,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa, as follows: Section 1.The detailed plans and specifications,notice of hearing and notice to bidders and form of contract and estimate of cost referred to in the preamble hereof are hereby approved. Section 2.The amount of the bid security to accompany each bid is hereby fixed at 10%of the amount of the proposal Section 3.The City Council hereby delegates to the City Clerk the duty of receiving,opening and tabulating the bids for the construction of the Project,on the 23rd day of August,2001,at 1:00 o'clock p.m.,at the office of the City Clerk at the Waukee City Hall,230 Highway 6,Waukee Iowa 50263,Waukee,Iowa.The 27th day of August, 2001,at 7:00 o'clock p.m.,at the Council Chambers,City Hall,Waukee,Iowa,is hereby fixed as the time and place of hearing on the proposed plans,specifications,form of contract and estimate of cost for the Project,and also as the time and place of considering bids received by the City Clerk in connection therewith. 15 Section 4.The City Clerk shall publish notice of hearing and notice to bidders,the same being in the form hereinabove approved and substantially as attached to this resolution,which publication shall be made in a legal newspaper of general circulation in the City,which publication shall be not less than 4 days nor more than 20 days before the date set for hearing and receiving such bids. Section 5.All resolutions or parts of resolutions in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved this sixth (6th)day of August,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (14)Public Hearing:On the Resolution of Necessity for the 2001 Sidewalk Improvement Project Phase 11.Motion to open public hearing moved by Johnson.Watts second.Roll call:Ayes:Johnson,Watts,Gruber,Berger,Peard.Nays:None.Motion carried 5 -O. No written comments were received.Richard Sande of 45 Sixth Street brought an issue to the Council concerning a sidewalk from his driveway north to the Highway right-of- way,which was there prior to the improvement of Highway 6.Although,Council members,staff and interested individuals present remembered that sidewalk,the Iowa DOT said it had not been there prior to the construction of a four lane from a two lane and would not replace it.After some discussion,it was decided to replace the sidewalk and bill the Iowa DOT.If the Iowa DOT does not pay for it,the City will.Mike Watts moved to close the public hearing.Marvin Berger second.Roll call:Ayes:Watts, Berger,Johnson,Peard,Gruber.Nays:None.Motion carried:5 -O. (15)Resolution:Approving the Resolution of Necessity for the 2001 Sidewalk Improvement Project Phase II After the discussion in the public hearing,this resolution was modified to include the language:...at the completion of the project,if the DOT has not acted to correct their error,the City of Waukee will fund that portion of the assessment originally assessed to Richard Sande.Mike Watts moved to approve the resolution as changed.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Berger, Peard,Johnson.Nays:None.Motion carried 5 -O. RESOLUTION NO.01·129 Resolution of Necessity WHEREAS,this Council has adopted a preliminary resolution in accordance with Section 384.42 of the Code of Iowa,covering the 2001 Sidewalk Improvements Project- Phase II (the "Project");and WHEREAS,pursuant thereto,the Project Engineers have prepared preliminary plans and specifications,an estimated total cost of the work and a plat and schedule,including the 16 valuation of each lot as determined by this Council,and the same have been duly adopted and are now on file with the City Clerk; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa: Section I.It is hereby found and determined to be necessary and for the best interest of the City and its inhabitants to proceed with the Project,and to assess a portion of the cost to the property benefited thereby. Section 2.The Project shall constitute a single improvement and shall consist of the removal of areas of deteriorated existing sidewalk and the construction of new sidewalk 4 feet wide and 4 inches thick along the east right-of-way line of 6th Street from Highway 6 to Ashworth Drive to replace deteriorated sections of sidewalk and to construct sidewalk at locations where no sidewalk presently exists.In locations of driveways,the sidewalk will be 8 inches thick.Sidewalk 4 inches thick will be of portland cement concrete and sidewalk 8 inches thick will be of M-4 portland cement concrete.The improvements also include excavation and surface restoration associated with the construction of new sidewalk It is considered that the following described property will be benefited by this improvement and should be specially assessed: All West 195.75 feet of the east 1035.75 feet of the north 195 feet of the Northeast Quarter of the Northwest Quarter in Section 33,T79N,R26W. Lot 6 in Block 2 and Lot 6 in Block 7 of Waukee Ist Addition. All south Waukee 1st Addition in Block 7 north of the railroad between Lot 6 in Block 7 and the Chicago,Milwaukee &St.Paul Railroad. Parcels A and B,and Lot 1 and 2 in Block 8 of Waukee (original town). Section 3.It is hereby found and determined that there are now on file in the office of the City Clerk an estimated total cost of the proposed work and a preliminary plat and schedule showing the amount proposed to be assessed to each lot by reason of the Project. Section 4,Unless a property owner files objections with the City Clerk at the time of the hearing on this resolution of necessity,the property owner shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using the special assessment procedure. Section 5.All resolutions,parts of resolutions,or actions of the Council in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved the 6th day of August,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk 17 ROLL CALL VOTE Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYE X X X X X NAY ABSENT (16)Motion:Ordering the City Clerk to file certified copies of the Resolution of Necessity and Preliminary Plat and Schedule with the County Treasurer of Dallas County for the 200i Sidewalk improvement Project Phase 11Nick Gruber moved to approve.Mike Watts second.Roll call:Ayes:Gruber,Watts,Berger,Peard,Johnson.Nays:None. Motion carried 5 -O. (17)Resolution:Ordering preparation of detailed plans,specifications,notice of hearing,notice to bidders andform of contractfor the 200i Sidewalk improvement Project Phase i1.Marvin Berger moved to approve.Wayne Johnson second.Roll call: Ayes:Berger,Johnson,Gruber,Watts,Peard.Nays:none.Motion carried 5 -O. RESOLUTION NO.01-130 Ordering Preparation of Detailed Plans,Specifications,Notice of Hearing,Notice to Bidders and Form of Contract WHEREAS,this Council has adopted a final Resolution of Necessity in connection with the 2001 Sidewalk Improvements Project -Phase II (the "Project);and WHEREAS,detailed plans and specifications,notice of hearing and notice to bidders and form of contract should now be prepared and filed with the City Clerk; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.The Project Engineers are hereby instructed to prepare and file with the City Clerk detailed plans and specifications covering the Project. Section 2.The Project Engineers and the City's Bond Counsel are hereby instructed to prepare and file with the City Clerk notice of hearing and notice to bidders and form of contract covering the Project. Section 3. repealed. All resolutions or parts of resolutions in conflict herewith are hereby Passed and approved this 6th day of August,200 1. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk ROLL CALL VOTE Nicholas C.Gruber Marvin Berger AYE X X NAY ABSENT 18 Bill Peard X Mike Watts X Wayne Johnson X (18)Resolution:Approving the order of detailed plans,specifications,notice of hearing, notice to bidders and form of contract for the 2001 Sidewalk Improvement Project Phase II and setting August 20 as date of public hearing &letting.Nick Gruber moved to approve.Peard second.Roll call:Ayes:Gruber,Peard,Berger,Watts,Johnson.Nayes: none.Motion carried 5 -O. RESOLUTION NO.01-131 Approving Detailed Plans and Specifications,Notice of Hearing,Notice to Bidders and Form of Contract;and Setting Date for Hearing thereon and the Receipt of Bids therefore WHEREAS,this Council has adopted final Resolution of Necessity in connection with the 2001 Sidewalk Improvements Project -Phase IJ (the ''Project'');and WHEREAS,detailed plans and specifications,notice of hearing and notice to bidders and form of contract have been prepared and filed by the Project Engineers for such project and have been examined by this Council;and WHEREAS,it is necessary to fix a time and place of public hearing on the proposed plans,specifications and form of contract and estimate of cost for the Project aud to advertise for sealed bids for the Project; NOW,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa, as follows: Sectiou 1.The detailed plans and specifications,notice of hearing and notice to bidders and form of contract and estimate of cost referred to in the preamble hereof are hereby approved. Section 2.The amount of the bid security to accompany each bid is hereby fixed at 10%of the amount of the proposal. Section 3.The City Council hereby delegates to the City Clerk the duty of receiving,opening and tabulating the bids for the construction of the Project,at the Council Chambers at the City Hall,230 Highway 6,Waukee,Iowa,at 10:00 a.m.on the 16th day of August,2001.The 20th day of August,2001,at 7:00 o'clock p.m.,at the Council Chambers,City Hall,Waukee,Iowa,is hereby fixed as the time and place of hearing on the proposed plans,specifications,form of contract and estimate of cost for the Project,and also as the time and place of considering bids received by the City Clerk in connection therewith. Section 4.The City Clerk shall publish notice of hearing and notice to bidders,the same being in the form hereinabove approved and substantially as attached to this resolution,which publication shall be made in a legal newspaper of general circulation in the City,which publication shall be not less than 4 days nor more than 20 days before the date set for hearing and receiving such bids. Section 5.All resolutions or parts of resolutions in conflict herewith are hereby repealed,to the extent of such conflict. Passed and approved this 6th day of August,2001. 19 Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (19)Public Hearing:Sidewalk Improvement Project Phase I Hearing &Letting Nick Gruber moved to open the public hearing.Mike Watts second.Roll call:Ayes:Gruber, Watts,Berger,Peard,Johnson.Nays:none.Motion canied 5 -O.No written comments. No oral comments.Marvin Berger moved to close the public hearing.Wayne Johnson second.Roll call:Ayes:Berger,Johnson,Gruber,Watts,Peard.Nays:none.Motion canied 5 -O. (20)Resolution:Finally approving and confirming plans,specifications,form of contract and estimate of cost for the 2001 Sidewalk Improvements Project Bill Peard moved to approve.Nick Gruber second.Roll call:Ayes:Peard,Gruber,Berger,Watts,Johnson. Nays:none.Motion canied 5 -O. RESOLUTION NO.01-132 Finally approving and confirming plans,specifications,form of contract and estimate of cost for the 2001 Sidewalk Improvements Project WHEREAS,this Council has heretofore approved plans,specifications,form of contract and estimate of cost (the "Contract Documents")for the proposed 2001 Sidewalk Improvements Project (the "Project"),as described in the resolution providing for a notice of hearing on the Contract Documents for the Project and the taking of bids therefor;and WHEREAS,hearing has been held on objections to the Contract Documents; NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee, Iowa,as follows: Section 1.The Contract Documents referred to in the preamble hereof are hereby finally approved,and the prior action of the Council approving them is hereby finally confirmed,and the Project,as provided for in the Contract Documents,is necessary and desirable. Section 2.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved August 6,2001. Donald L.Bailey,Jr.,Mayor Attest: 20 Mark J.Arentsen,City Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (21)Resolution:Awarding contract for the 2001 Sidewalk Improvements Project Nick Gruber moved to approve.Marvin Berger second.Roll call:Ayes:Gruber,Berger, Watts,Peard,Johnson.Nays:none.Roll callS -O. RESOLUTION NO.01-133 Awarding contract for the 2001 Sidewalk Improvements Project WHEREAS,pursuant to notice duly published in the manner and form prescribed by resolution of this Council and as required by law,bids and proposals were received by the City Clerk and reported to this Council for the 2001 Sidewalk Improvements Project (tbe "Project");and WHEREAS,all of the said bids and proposals have been carefully considered,and it is necessary and advisable that provision be made for the award of the contract for the Project; NOW,THEREFORE,IT IS RESOLVED by the City Council of the City of Waukee, Iowa,as follows: Section I.The bid for the Project submitted by the following contractor is fully responsive to the plans and specifications for the Project,heretofore approved by the Council,and is the lowest responsible bid received,such bid being as follows: Name and Address of Contractor Amount of Bid 510 Prairie $41.198.75MarkerServicesInc. Ade!'IA 50003 Section 2.The contract for the Project is hereby awarded to such contractor at the total estimated cost set out above,the final settlement to be made on the basis of the unit prices therein set out and the actual final quantities of each class of materials furnished, the said contract to be subject to the terms of the aforementioned resolution,the notice of hearing and letting,the plans and specifications and the terms of the bidder's written proposal. Section 3.The Mayor and City Clerk are hereby authorized and ordered to enter into a written contract with said contractor for the Project,said contract not to be binding until approved by resolution of this Counci!' Section 4.The amount of the contractor's performance andlor payment bonds is hereby fixed and determined to be 100%of the amount of the contract. Section 5.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 21 Passed and approved August 6,2001. Donald L.Bailey,Jr"MayorAttest: Mark J.Arentsen,City Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (22)Resolution:Approving contract and performance and/or payment bonds for the 2001 Sidewalk 1mprovements Project Mik Briedis,City Engineer,indicated that the documents in question would not be available until the next meeting.Resolution tabled to the August 20,2001 meeting. (23)Resolution:Approval of Heartland Coop /Bob Coyne Sidewalk Bids Mike Watts moved to approve.Bill Peard second.The property owners listed have voluntarily agreed to fund their portion of the assessment according to Mark Arentsen.Roll Call: Ayes:Watts,Peard,Gruber,Berger,Johnson.Nays:none.Motion carried:5 -O. RESOLUTION 01·134 APPROVING MARKER SERVICES'PROPOSAL FOR THE INSTALLATION OF HEARTLAND COOP AND BOB COYNE SIDEWALKS WHEREAS,the City of Waukee desiring to install sidewalks in certain areas of the City has implemented the 2001 Sidewalk Improvements Project;AND WHEREAS,Bob Coyne was not included in the project but has requested sidewalks be placed adjacent to his property;AND WHEREAS,the installation of sidewalks adjacent to the Heartland Coop during the proposed construction period interferes with the peak traffic time for the Coop;AND WHEREAS,the Heartland Coop has requested an earlier installation of the sidewalk;AND WHEREAS,Marker Services have the low proposal of $4000 for the Coop sidewalk and $2100 for the Coyne sidewalk; NOW,THEREFORE BE IT RESOLVED that the City Council of Waukee,Iowa do herby accept the proposal of Marker Services in the total amount of $6100 for the installation of the Heartland Coop and Bob Coyne sidewalks on this 6'"day of August 2001. Donald L.Bailey,Jr.Mayor ATTEST: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE A YE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (24)Ordinance:An Ordinance to amend Chapter 500,Section 501.18,Waukee Municipal Code,traffic ordinances of the City of Waukee,Iowa,by adding 4-way stop intersection at the intersection of Florence and Booth Streets The city police chief recommends placing a four-way stop at this intersection.Bill Peard introduced the ordinance in title only.Nick Gruber moved to hold the first reading in title only.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Watts,Peard,Johnson.Nays:none. 22 Motion carried 5 -O.Because there is a degree of safety or lack thereof at that intersection the Mayor suggested waiving the next two readings and proceeding with final passage of this ordinance.Marvin Berger moved to waive the second and third readings.Mike Watts second.Roll call:Ayes:Berger,Watts,Gruber,Peard,Johnson. Nays:none.Motion carried:5 -O.Marvin Berger moved to put the ordinance on its final passage.Mike Watts second.Roll call:Ayes:Berger,Watts,Gruber,Peard,Johnson. Nays:none.Motion carried 5 -O. ORDINANCE NO.2348 AN ORDINANCE TO AMEND CHAPTER 500,SECTION SOLt8,WAUKEE MUNICIPAL CODE,TRAFFIC ORDINANCES OF THE CITY OF WAUKEE,IOWA,BY ADDING 4-WAY STOP INTERSECTION THE INTERSECTION OF FLORENCE AND BOOTH STREETS. BE IT ORDAINED by the Council of the City of Waukee: Section I.Chapter 500,Section SOl.t8,Waukee Municipal Code,Traffic Ordinances of the City of Waukee,Iowa,is hereby amended by adding thereto the following: Section 501.18 4·Way Stop Intersections.The intersection of Florence and Booth Streets shall be a 4-way stop intersection. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3,Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect upon its final passage.approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this 6th day of August,2001,and approved this 6th day of August,200 I. Donald Lee Bailey,Jr.M A YO R Attested: Mark J.Arentsen,Clerk!Administrator ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (25)Public Hearing:On rezoning of the Library Site Nick Gruber moved to open the public hearing.Wayne Johnson second.Roll call:Ayes:Gruber,Johnson,Berger, Watts,Peard.Nays:none.Motion carried 5 -O.No written comments were received. Oral comments:Joe Schmidt,President of the Library Board,entered a comment: "Please."There being no other comments,the Mayor requested a motion to close the public hearing.Wayne Johnson so moved.Nick Gruber second.Roll call:Ayes: Johnson,Gruber,Berger,Watts,Peard.Nays:none.Motion carried 5 -O. (26)Ordinance:An ordinance to rezone the property known as the Waukee Public library property from Al to C4 and to change the zoning map to reflect that change. Nick Gruber introduced the Ordinance.Nick Gruber moved to have the first reading in title only.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Watts,Johnson, Peard.Nays:None.Motion carried 5 -O.Nick Gruber moved to waive the second and third reading.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Watts,Johnson, Peard.Motion carried 5 -O.Nick Gruber moved final passage.Marvin Berger second. 23 Roll call:Ayes:Gruber,Berger,Watts,Johnson,Peard.Nays:none.Motion carried 5 - O. ORDINANCE NO.2349 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I (AGRICULTURAL DISTRICT)TO C-4 (OFFICE PARK COMMERCIAL DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE- ZONING. BE IT ORDAINED by the Council of the City of Waukee: Section I.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,adopting the Official Zoning Map,is hereby amended by changing the following described real estate from A-I (Agricultural District)to C-4 (Office Park Commercial District),and that the Official Zoning Map be made to reflect snch amendment: The East 636.7 feet of the south 347 Feet of the North 1307 Feet of the Northeast Quarter of the Southeast Quarter of Section 33,Township 77 North, Range 26 West of the 5th P.M.,Waukee,Dallas County,Iowa Section 2.Repealer,All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this 6th day of August,2001,and approved this 6th day of August,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk/Administrator (27)Public Hearing:On establishing precincts in the City of Waukee Mike Watts moved to open the public hearing.Nick Gruber second.Roll call:Ayes:Watts,Gruber, Berger,Peard,Johnson.Nays:none.Motion carried:5 -O.No written comments received.Discussion centered on population in each precinct and precincts as drawn. Bill Peard moved to close the public hearing.Marvin Berger second.Roll call:Ayes: Peard,Berger,Gruber,Watts,Johnson.Nays:none.Motion carried 5 -O. (28)Ordinance:An ordinance establishing and describing election precincts within the City of Waukee,Iowa Marvin Berger introduced the ordinance.Bill Peard moved to have the first reading in title only.Marvin Berger second.Roll call:Ayes:Peard, Berger,Gruber,Watts,Johnson.Nays:none.Motion carried 5 -O.Nick Gruber moved to waive the second and third reading.Second by Bill Peard.Limited discussion.Roll call:Ayes:Gruber,Peard,Johnson,Berger.Nays:Watts.Motion carried 4 -1. Nick Gruber moved to place ordinance on its final passage.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Peard,Johnson.Nays:Watts.Motion carried 4 -1. ORDINANCE NO.2350 AN ORDINANCE ESTABLISHING AND DESCRIBING ELECTION PRECINCTS WITHIN THE CITY OF WAUKEE,lOW A. BE IT ORDAINED hy the Council of the City of Waukee: Section I.Election Precincts.There are hereby established election precincts within the City of Waukee,Iowa,described as follows: A.Precinct 1.-All properties south of the Union Pacific Railroad,west of Warrior Lane including the west side of Warrior Lane and north of 300th Street and a line from 24 300th Street to University Avenue.The proposed voting location is the Waukee Community Center,410 6th Street. B.Precinct 2.-All properties north of the following line:Following the Union Pacific Railroad from Waukee's west border to the centerline of Warrior Lane,north to the centerline of Highway 6 and then east along that line to Waukee's east border.The proposed voting location is the Waukee City Hall,230 Highway 6. C.Precinct 3.-All properties east of Alice's Road centerline,which are north of the University Avenue centerline and south of the Hickman Road centerline.The proposed voting location is the Westview Church,1155 Boone Drive. D.Precinct 4.-All properties,which are south of the following line: funning east along University Avenue from Waukee's west border and progressing due east to the centerline of Warrior Lane,Continuing north on the east side of the centerline of Warrior Lane to the centerline of Highway 6 and then east along that centerline to the centerline of Alice's Road. Including also all properties,which are south and west of a line running from that corner - Hickman and Alice's Road -south along the centerline of Alice's Road to the centerline of University Avenue,then east along the University Avenue centerline to the centerline of Waco Place and east on 320th St.to Waukee's east border.The proposed voting location is the Waukee Public Safety Building,1300 L.A.Grant Parkway. Section 2.Repealer,All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional. Section 4.Effective Date,This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,his 6th day of August,2001,and approved this 61h day of August,2001. Donald Lee Bailey,Jr. MAYOR Attested: Mark J.Arentsen,City Administrator/Clerk (29)Resolution:Approving the amendment of official depository limits This adds Charter Bank and increases the limits so that money can easily be moved from one location to another or can be added to anyone bank up to the new limit.Marvin Berger moved to approve the resolution.Wayne Johnson second,Roll call:Ayes:Berger, Johnson,Berger,Watts,Peard.Nays:none.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01·135 NAMING OFFICIAL CITY DEPOSITORIES FOR FISCAL YEAR 2002 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County;AND, WHEREAS,the Waukee City Council must designate official depositories annually;AND, WHEREAS,pursuant to the City's investment policy,the City will keep all deposits and investments, within an adjacent county area;AND, WHEREAS,the City Clerk and/or City Treasurer is authorized to deposit funds of the City of Waukee,in amounts not to exceed the maximum approved for each respective financial institution,as set out below; AND: 1.Banker's Trust Company,Des Moines 2.Waukee State Bank $5,000,000 $5,000,000 25 3.Wells Fargo $7,500,000 4.Earlham Savings Bank $4,000,000 5.Commercial Federal Bank $4,000,000 6.Raccoon Valley State Bank $4,000,000 7.Waukee Charter Bank $4,000,000 WHEREAS,the City of Waukee believes that Banker's Trust Company,Waukee State Bank,Wells Fargo, Earlham Savings Bank,Commercial Federal Bank,Raccoon Valley State Bank,and Waukee Charter Bank are fine institutions,are FDIC insured,and are in Conformance with all applicable provisions of the Code ofIowa §452 and §453 (1983)as amended by 1984 Iowa acts,S.F.2000. NOW THEREFORE BE IT RESOLVED that the City Council of Waukee,Iowa do hereby appoint the above-mentioned institutions as official depositories this 6th day of,August 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 Johnson X (30)Resolution:Approving revised development agreement for Enterprise Business Park I Discussion concerned the previous agreement,the time frame and the dollar amount of the revision.The terms of the agreement are not to change.The record keeping of the debt has changed;so that the actual bond is not part of the debt but only that amount which is rebated back to the developer is counted against the debt capacity of the City.The total number of years has not changed.The 20 years in the old format are those years,in which there was tax increment revenue and excluding those years in which there was no revenue.This revision ends on June 2,2017 regardless of revenue during the intervening years.Motion to approve was submitted by Mike Watts.Bill Peard second.Roll call:Ayes:Watts,Peard,Gruber,Berger,Johnson.Nays:none.Motion carried 5 -O. RESOLUTION 01-136 Approving Development Agreement with Downing Development,Ltd.,Authorizing Tax Increment Rebates and pledging certain tax increment revenues to the payment of the Agreement WHEREAS,the City of Waukee,Iowa (the "City"),pursuant to and in strict compliance with all laws applicable to the City,and in particular the provisions of Chapter 403 of the Code of Iowa,has adopted an Urban Renewal Plan for the Enterprise Business Park Urban Renewal Area (the "Urban Renewal Area");and WHEREAS,this Council has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa (the "Urban Renewal Tax Revenue Fund"),which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the City for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area;and 26 Attest: WHEREAS,on May 20,1996,the City issued its Urban Renewal Tax Increment Revenue Bond (the "TIP Bond")to Downing Development,Ltd.(the "Company")in consideration for the Company's costs related to infrastructure and other development costs incurred in the Urban Renewal Area;and WHEREAS,the TIF Bond was in the original principal amount of $816,623 and was made payable from the incremental property taxes to be produced within the Urban Renewal Area;and WHEREAS;in order to re-establish a portion of the City's constitutional debt-incurring capacity which is currently applied to the TIP Bond,the City has requested that the Company enter into a development agreement which will provide tax increment rebate payments to the Company,as a substitute for the payments required to be made under the TIP Bond;and WHEREAS,an agreement between the City and Company has been prepared (the "Agreement"),pursuant to which the Company has agreed to surrender the TIP Bond to the City,in exchange for the City's commitment pursuant to the Agreement to make tax increment payments to the Company in a manner and amount sufficiently identical to those required to be made under the TIP Bond; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.The Agreement is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the City,in substantially the form and content in which the Agreement has been presented to this City Council,and such officers are also authorized to make such changes, modifications,additions or deletions as they,with the advice of bond counsel,may believe to be necessary,and to take such actions as may be necessary to carry out the provisions of the Agreement. Section 2.As provided and required by Chapter 403 of the Code of Iowa,the City's obligations under the Agreement shall be payable solely from the income and proceeds of the Urban Renewal Tax Revenue Fund referred to in the preamble of this resolution. Section 3.The City hereby pledges to the payment of the Agreement the Urban Renewal Tax Revenue Fund and the taxes referred to in Subsection 2 of Section 403.19 of the Code of Iowa to be paid into such Fund. Section 4.After its adoption,a copy of this resolution shall be filed in the office of the County Auditor of Dallas County to evidence the continuing pledging of the Urban Renewal Tax Revenue Fund and the portion of taxes to be paid into such Fund and, pursuant to the direction of Section 403.19 of the Code of Iowa,the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof. Section 5.All resolutions or parts thereof in conflict herewith are hereby repealed. Passed and approved this August 6,2001. Donald L.Bailey,Jr.,Mayor 27 Mark 1.Arentsen,City Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (31)Public Hearing:On Downing Development Agreement -Enterprise Business Park Plat 3 Nick Gruber moved to open public hearing.Marvin Berger second.Roll call: Ayes:Gruber,Berger,Watts,Johnson,Peard.Nays:none.Motion carried 5 -O.No written comments received.Public comments:Essentially the agreement states that the developer will incur expenses that are or will be deemed to be qualifiable expenses,and which can be recouped over a period of 15 years.As the valuation for the project comes in,the city would retain 30 %of the valuation and rebate 70%to the developer until such time as the certified debt is retired or satisfied or until the 15 year period is exhausted. Discussion continued on the itemized list of expenses associated with the development of the site.It is understood that expenses associated with the project will be researched and verified by the staff of the City before it is approved.Nick Gruber moved to close the public hearing.Bill Peard second.Roll call:Ayes:Gruber,Peard,Berger,Watts, Johnson.Nays:none.Motion carried 5 -O. (32)Resolution:Approving the Downing Development Agreement -Enterprise Business Park Plat 3 The deadline at which time activity must start in the development of this area is October 30,2001 as requested by Councilman Wayne Johnson.The agreement is for public improvements only and a list of those coverable expenses is in the agreement. A motion to approve was made by Nick Gruber.Marvin Berger second.Roll call:Ayes: Gruber,Berger,Johnson,Peard,Watts.Nays:none.Motion carried 5 -O. RESOLUTION 01-137 Approving Development Agreement with Downing Development,Ltd.,Authorizing Tax Increment Rebates and pledging certain tax increment revenues to the payment of the Agreement WHEREAS,the City of Waukee,Iowa (the "City"),pursuant to and in strict compliance with all laws applicable to the City,and in particular the provisions of Chapter 403 of the Code of Iowa,has adopted an Urban Renewal Plan for the Waukee Urban Renewal Area (the "Urban Renewal Area");and WHEREAS,this Council has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa (the "Urban Renewal Tax Revenue Fund"),which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the City for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area;and WHEREAS,an agreement hetween the City and Downing Development,Ltd,has been prepared (the "Agreement"),under which the City would provide tax increment rebates; WHEREAS,this City Council,pursuant to Section 403.9 of the Code of Iowa,has published notice,has held a public hearing on the Agreement on August 6,2001,and has otherwise complied with statutory requirements for the approval of the Agreement;and 28 WHEREAS,Chapter 15A of the Code of Iowa C"Chapter 15A")declares that economic development is a public purpose for which a City may provide grants,loans,tax incentives, guarantees and other financial assistance to or for the benefit of private persons;and WHEREAS,Cbapter 15A requires that before public funds are used for grants,loans,tax incentives or other financial assistance,a City Council must determine that a public purpose will reasonably be accomplished by the spending or use of those funds;and WHEREAS,Chapter 15A requires that in determining whether fnnds sbould be spent,a City Council must consider any or all of a series of factors; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.Pursuant to the factors listed in Chapter 15A,the Council hereby finds that: (a)The Enterprise Business Park Plat Three Project will add diversity and generate new opportunities for the Waukee and Iowa economies; Cb)The Enterprise Business Park Plat Three Project will generate public gains and benefits,particularly in the creation of new jobs,which are warranted in comparison to the amount of the proposed property tax incentives. Section 2.The Council further finds that a public purpose will reasonably be accomplished by entering into the Agreement and providing the property tax rebates to Downing Development,Ltd. Section 3.The Agreement is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the City,in substantially the form and content in which the Agreement has been presented to this City Council,and such officers are also authorized to make such changes,modifications,additions or deletions as they,with the advice of bond counsel,may believe to be necessary,and to take such actions as may be necessary to carry out the provisions of the Agreement. Section 4.As provided and required by Chapter 403 of the Code of Iowa,the City's obligations under the Agreement shall be payable solely from a subfund which is hereby established,into which shall be paid that portion of the income and proceeds of the Urban Renewal Tax Revenue Fund attributable to property taxes derived from the property described as follows: Enterprise Business Park Plat Three,City of Waukee,Dallas County,Iowa (the "Downing Subfund"). Section 5.The City hereby pledges to the payment of the Agreement the Downing Subfund and the taxes referred to in Subsection 2 of Section 403.19 of the Code ofIowa to be paid into such Subfund. Section 6.After its adoption,a copy of this resolution shall be filed in the office of the County Auditor of Dallas County to evidence the continuing pledging of the Downing Sub fund and the portion of taxes to be paid into such Subfund and,pursuant to the direction of Section 403.19 of the Code of Iowa,the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof. 29 Section 7.All resolutions or parts thereof in conflict herewith are hereby repealed. Passed and approved this 6th day of August,2001. ::-:::-::---=----=-:-Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X (33)Ordinance:Review and submit changes to Ordinance 210,Regulating and Licensing of Peddlers,Solicitors and Transient Merchants and to Provide Penalties for Violations There was discussion concerning the inequity of enforcing an ordinance in some situations and not others.In addition the fee for the permit currently varies and could again vary with this amendment.A fee was not explicitly stated in this ordinance amendment.Mike Watts moved that this Ordinance change be received and filed and brought back August 20,2001.Wayne Johnson second.Roll call:Ayes:Watts, Johnson,Gruber,Berger and Peard.Motion carried 5 -O. (34)Ordinance:An Ordinance to amend Chapter 301,Waukee Municipal Code,by amending Section 301.3,Zoning Ordinance the definition of "kennel."By substituting language reducing the number of dogs,cats and other household pets allowed in a residential district from 5 to 3 and providing that such animals be registered with the City of Waukee as of the effective date of this ordinance shall be permitted during their lifetime Nick Gruber suggested that we need to specify the pet's lifetime and not the owner's lifetime.Four members of the community commented on this ordinance amendment.Margaret Ann Ellis researched the dog/cat ordinance in nine surrounding communities.She presented her research to the Council and indicated she would support a three-dog limit excluding all other pets from that number.Lyn Schafer also indicated she would support the three-dog number but questioned including other pets in the ordinance.Ed Butler would support limiting the number of dogs to three excluding the "other pet"portion ofthis amendment and appreciates the "grandfather clause."Carol Crowe questioned the need for another ordinance when existing ordinances,if enforced, would take care of the problem.Bill Peard indicated that the barking dog ordinance works when citizens are willing to file a complaint and be willing and ready to testify in court after police issue a citation.This ordinance is meant to take the animal control ordinances a step further and reduce the number of dogs per household so as to limit the number of incidents where barking dogs are an issue.Mr.Peard indicated that"going from six to three will make a big difference in noise level and the occurrence of dogs barking."Wayne Johnson introduced the ordinance as changed.The Mayor asked for a motion to have the first reading of the Ordinance in title only as changed by the Council. Nick Gruber so moved.Wayne Johnson second.Roll call:Ayes:Gruber,Johnson, Berger,Peard,Nays:Watts.Motion carried 4 -1. 30 (35)Resolution:Approving Veenstra &Kimm,Inc.as engineers for Fourth Street cul-de- sac Limited discussion.Mike Watts moved to approve.Gruber second.Roll call:Ayes: Gruber,Berger,Peard,Johnson.Nays:Watts.Motion carried 4 -1. (36)Motion:Approve drawings for 4th Street cul-de-sac Mik Briedis explained the design and requirements due to the lay of the land.Wayne Johnson moved to approve.Roll call:Ayes:Johnson,Gruber,Berger,Peard.Nays:Watts.Motion carried 4 -1. (37)Motion:Setting August 16,2001 at 10:00 amfor Bid Opening for the 4th Street cul- de-sac Mike Watts moved to approve.Wayne Johnson second.Roll call:Ayes: Johnson,Gruber,Berger,Peard.Nays:Watts.Motion carried 4 -1. (38)Motion:Setting August 20,2001 for public hearing on 4th Street cul-de-sac plans and specifications,contract and bid letting.Mike Watts moved to approve.Bill Peard second.Roll call:Ayes:Peard,Johnson,Gruber,Berger.Nays:Watts.Motion carried 4 -1. (39)Resolution:Approving MidAmerican Transport Contract Limited discussion. Mike Watts moved to approve.Nick Gruber second.Roll call:Ayes:Watts,Gruber, Peard,Berger,Johnson.Nays:none.Motion carried 5 -O. RESOLUTION 01·01·139 APPROVING MID AMERICAN CONTRACT FOR THE TRANSPORTATION OF NATURAL GAS WHEREAS,the City of Waukee desiring to have a reliable natural gas supply for it's cousumers;AND WHEREAS,the City having built a town border station on the eastern city limits to achieve that goal; AND WHEREAS,Mid American has proposed to transport natural gas to the eastern border station; NOW,THEREFORE BE IT RESOLVED,that the City Conncil of Waukee,Iowa do hereby approve the transportation contract with Mid American on this 6"day of August 2001. Donald L.Bailey,Jr.,Mayor ATTEST: Mark J,Arentsen,City Administrator/Clerk ROLLCALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson (40)Resolution:Approving Change Order #1 for Elevated Storage Tank Project This is a change in the painting of the water tower to reflect the city's name on the north and south sides of the water tower and the city logo on the east and west side of the water tower.Cost will be an additional $1,850.Bill Peard moved to approve.Mike Watts second.Roll call:Ayes:Peard,Watts,Gruber,Berger,Johnson.Nays:none.Motion carried 5 -O. RESOLUTION 01·140 APPROVING CHANGE ORDER NO.1 ELEVATED STORAGE TANK PROJECT WHEREAS,the City of Waukee desiring to have Diversified Coatings furnish and install Waukee in the color of purple on 2 sides;AND WHEREAS,Diversified Coating have given the City a proposal of $1850 to complete the work requested; AND WHEREAS,City Staff and Veenstra &Kimm having found the proposal to be reasonable; 31 NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve Change Order No.1 in the amount of $1850 to Diversified Coatings,Ltd.to furnish and install Waukee on 2 sides of the elevated storage tank on this 6th day of August 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 Johnson X (41)Resolution:Approving Pay estimate #4 for Elevated Storage Tank Projects The amount of this payment is $157,937.50.Payment is recommended by Dale Sorenson. The tank will be filled beginning Wednesday morning and finish Thursday afternoon. Mike Watt moved to approve.Bill Peard second.Roll call:Ayes:Watts,Peard,Gruber, Berger,Johnson.Nays:none.Motion carried 5 -O. RESOLUTION 01·141 APPROVING PAY ESTIMATE NO.4 FOR THE ELEVATED STORAGE TANK PROJECT WHEREAS,Diversified Coatings,Ltd.having completed 98%of the 500,000 gallon elevated storage tank modification project;AND WHEREAS,Diversified Coatings have requested partial payment in the amount of $157,937.50 for the work that bas been completed;AND WHEREAS,Veenstra &Kimm bave 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.4 in the amount of $157,937.50 to Diversified Coatings,Ltd.for the work completed on the Elevated Storage Tank Project on this 6th day of August 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 Johnson X (42)Resolution:Approving the final plat for Parkview Crossing Plat 2 The punch list has not been completed.John Gibson recommends approving with a stipulation that the developers have to complete all items either prior to or at the end of thirty days.If not completed by the end of thirty days will need to come before the Council again.If everything but the seeding is complete,the plat may be approved,if the developer bonds for the seeding.Mayor Bailey requested a motion to approve with the stipulation that it be done in thirty days.Nick Gruber so moved.Mike Watts second.Roll call:Ayes: Gruber,Watts,Berger,Peard,Johnson.Nays:none.Motion carried 5 -O. RESOLUTION 01·142 RESOLUTION ACCEPTING THE FINAL PLAT OF PARKVIEW CROSSING PLAT 2,A SUBDIVISION OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA 32 IN THE NAME AND BY THE AUTHORITY OF HE CITY OF WAUKEE,IOWA WHEREAS,Engineering Design Services (EDS)has presented the Final Plat of Parkview Crossing Plat 2, and the Waukee Planning and Zoning Commission approved this Final Plat on July 24,2001;AND, WHEREAS,the City Council has found this final plat to be in conformance with its comprehensive plan; AND, WHEREAS,the City Council has found that the final plat has met the requirements under Section 354.8 of the Code of Iowa;AND, NOW THEREFORE BE IT RESOLVED that the Final Plat for Parkview Crossing Plat 2,Multi-Family Residential (R-3)and One and Two Family Residential District (R-2),is hereby accepted this 6th day of August,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 Johnson X (43)Resolution:Approving the final plat for Indigo Ridge Plat 3 Recommend a stipulation of thirty days.The agreement was that they would bond for the landscaping and the sodding,if not completed.This is to be moved with the stipulation that the punch list must be completed within 30 days plus bond for the entrance median sodding and landscaping.Mike Watts approved.Nick Gruber second.Roll call:Ayes:Watts, Gruber,Berger,Johnson,Peard.Nays:none.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01·143 RESOLUTION ACCEPTING THE FINAL PLAT OF INDIGO RIDGE PLAT 3,A SUBDIVISION OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,Engineering Design Services (EDS)has presented the Final Plat of Indigo Ridge Plat 3,and the Waukee Planning and Zoning Commission approved this Final Plat on July 24,2001;AND, WHEREAS,the City Council has found this final plat to be in conformance with its comprehensive plan; AND, WHEREAS,the City Council has found that the final plat has met the requirements under Section 354.8 of the Code of Iowa;AND, NOW THEREFORE BE IT RESOLVED that the Final Plat for Parkview Crossing Plat 2,One and Two Family Residential District (R-2),is hereby accepted this 6'"day of August,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X NAY ABSENT 33 (44)Resolution:Approving the parking lot addition to the YMCA Emily Lawson with RDG Crose Gardner Shukert,representing Waukee Community Schools,indicated there were landscaping provisions for the interior of the parking lot.There were no exterior plantings planned because the project is part of the overall complex and the direction of growth of that complex is not determined at this time.Islands in the parking lot will be seeded.There is a 5%interior landscaping requirement that RDG is adhering to.Mike Watts moved to approve.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Berger, Peard,Johnson.Nays:none.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01·144 APPROVING THE SITE PLAN FOR THE PARKING LOT ADDITION FOR THE YMCA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,The YMCA and the High School both see a need to increase the parking area before school starts due to the increased traffic;AND, WHEREAS,The additional parking lot was inclnded on the original site plan for the YMCA;AND, WHEREAS,The revisions on the site plan allows for fluent traffic flow for both the YMCA and the High School;AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of August,2001 that it hereby approves the Site Plan for the Addition to the YMCA Parking Lot. 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 Johnson X (45)Motion:Set August 20 as date for public hearing for rezoning Mid States Ford Property Nick Gruber moved to approve.Bill Peard second.Roll call:Ayes:Gruber, Peard,Berger,Watts,Johnson.Nays:none.Motion carried 5 -O. (46)Motion:Set August 20 as date for public hearing on Ordinance 305,sign ordinance change Motion to approve made by Nick Gruber.Marvin Berger second.Roll call: Ayes:Gruber,Berger,Watts,Peard,Johnson.Nays:none.Motion carried 5 -O. (47)Motion:Set August 20 as date for public hearing for approval of Comprehensive Plan Rick Ross wanted to know if the comprehensive plan would reflect existing zoning laws.This will be taken into consideration.The Mayor requested that the Comprehensive Plan be distributed as soon as possible to give the Council time to review it.Nick Gruber moved to approve.Marvin Berger second.Roll call:Ayes:Gruber, Berger,Watts,Peard,Johnson.Nays:none.Motion carried 5 -O. (48)REPORTS: City Administrator,Mark Arentsen:Busy Director of Economic Development,lady Gunderson:annexation,request for information,demographics for the community Code Enforcement Officer,Dennis Dowell:thinks that commercial development will be coming back up.Dennis just got the information today.The Mayor asked if it would be possible to place a short memo in his and the council members box letting them know 34 when a new business is going in.Waiting on the developers of the senior housing project.We have reviewed the plans. Treasurer,Linda Burkhart:working with the auditors.There was an opening conference with staff. Public Works Director,John Gibson:Will be filling the water tower. City Engineer,Mikelis Bredis:Beginning the design process on the triangle project and will eventually meet with the merchants of the area to determine their needs and wants. City Planner,Chad Weaver:The planning meeting that Mik Bredis is talking about will take place on Wednesday,08-15-01 at the Community Building downtown Waukee at 4 o'clock in the afternoon.In addition a meeting has been scheduled with West Des Moines for next Monday to discuss the proposed interchange and annexation issues. Wayne Johnson,Park Board:Also October 20 there is a neewollah event being planned.More later. Bill Peard,Chamber of Commerce:No report for the Chamber. Mike Watts,Utility Committee:Meeting tomorrow evening. Marvin Berger,Planning and Zoning:During the meeting on July 24,approved the rezoning of Mid States Ford Property,approved the final plat for Parkview Crossing Plat 2,approved the final plat for Indigo Ridge Plat 3,approved the parking lot addition to the YMCA and had a lengthy discussion on the potential rezoning of the property owned by CM Carroll along Ashworth Drive.It is currently zoned Rl. Nick Gruber,Library:next meeting is next week.Wants to point out that even though our commercial permit requests are down,we are 1/2 million over the number in 1999, which has been our highest year for development. (49)Adjournment:At this time Mayor asked for motion to adjourn. Berger second,Ayes:all.Nays:None.Motion carried 5-0. Meeting Adjourned at 10:50PM. Gruber moved. ~At~~st:l&llQ. Mark J.Arentse1'ity Administrator/Clerk 35