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HomeMy WebLinkAbout2001-10-15-Regular MinutesWAUKEE CITY COUNCIL MINUTES October 15,2001 (1)Call to Order -The October 15,2001 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)Pledge of Allegiance (3)Roll Call -The Mayor asked for a roll call.The following members were present: Mayor Donald 1.Bailey,Jr,and Council members Nicholas Gruber,Marvin Berger, Mike Watts,Wayne Johnson and Bill Peard. (4)Open Fornm -No participation. (5)Agenda Additions /Approval-No changes.Nick Gruber moved and Bill Peard second to approve the agenda as written.Ayes:All,Nays:None.Motion carried 5-0. (6)Consent Agenda- A.Approve 09-2.8-01 Payroll and 10,cI5-0l Bill List B.Approve 10-01-01 City Council Minutes C.Approve Class C Liquor License with Sunday Sales for C.W.'s Tap House,Inc.doing bnsiness as C.W.'s Tap Honse Marvin Berger moved,Mike Watts second to approve all items.Roll call:Ayes:Berger, Watts,Gruber,Peard,Jolmson Nays:None.Motion carried 5 -O. BILL LIST 10/15/01 1 FILM DEVELOPING $37.16 VIDEO SERVICE OF AMERICA POLLAROID FILM PAKS $186.62 FIRE PROTECTION CARPENTER UNIFORM CO UNIFORMS-SNELSON $73.90 UNIFORMS-CAPS $35.00 CLAREY'S SAFETY EQUIP IN AIR PAK FLOW CHECKS $590.80 COMPUSAINC SUPPLIES $124.34 DES MOINES WATER WORKS SEP '01 STATEMENT $102.50 FREIGHTLINER OF OM INC VEHICLE REPAIR $73.84 HAMMER MEDICAL SUPPL Y-CL SUPPLIES $90.00 HCFA LABORATORY PROGRAM CLiA USER FEE $150.00 HEARTLAND CO-OP SEP '01 STATEMENT-FIRE $485.13 ILLOWA COMMUNICATIONS BATTERY SERVICE $121.00 IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $18.92 IOWA MUNICIPALITIES WORK OCT '01 PREMIUM #4 $58.28 KINKO'S INC 2 PT CARBONLESS FORMS $100.00 KOCH BROTHERS LANIER COPIER/SORTER/AUT $780.00 INSTALL RENTAL COPIER $150.00 MC LEOD USA SEP '01 STATEMENT $195.91 MERCY SCHOOL OF EMERGENCY EMT-I/85 TUITION &BOOKS $2,254.00 OUR DESIGNS INC MOURNING BANDS $71.95 PDR/RED BOOK PDR-2001 EDITION $99.25 ROBERTS COMPANY INC BADGES $208.00 SAYLOR TOWNSHIP FIREFIGHTER I TRAINING-S $30.00 SPRING VALLEY RADIO CORP MINITOR 1111CH WNiB $360.00 SUNCOM SEP '01 STATEMENT $49.85 TEAM TWO INC SEP '01 STATEMENT $112.54 TRIPLETT OFFICE ESSENTIAL SUPPLIES $13.01 COPY PAPER $55.80 VERIZON WIRELESS SEP '01 STATEMENT $31.09 WAUKEE HARDWARE 7 VARlET SEP '01 STATEMENT $16.95 SEP '01 STATEMENT $49.59 STREET LIGHTING MID AMERICAN ENERGY OCT '01 STATEMENT $44.46 TRAFFIC SIGNAL LIGHTS IOWA SIGNAL &ELECTRIC C SEP '01 SIGNAL RENT $150.00 MID AMERICAN ENERGY SEP '01 STATEMENT $32.57 BUILDING INSPECTION HOL,CAROL "CINDY"WARRANTY DEED-GRUB $11.00 WARRANTY DEED-JERRY'S HO $11.00 IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $18.90 IOWA MUNICIPALITIES WORK OCT '01 PREMIUM #4 $43.71 OLSON BROTHERS SEP '01 STATEMENT $47.28 SUNCOM SEP '01 STATEMENT $49.85 VEENSTRA &KIMM INC STREET MAPS $27.00 DOWNTOWN RE-DEVELOPMENT PROJECT DALLAS COUNTY NEWS SEP '01 STATEMENT $9.92 HIGHWAY 6 STREET LIGHT SA PROJECT DALLAS COUNTY NEWS SEP '01 STATEMENT $105.30 WARRIOR LANE IMPROVEMENT PROJECT DALLAS COUNTY NEWS SEP '01 STATEMENT $81.93 2 LIBRARY SERVICES ABC AUDIOBOOKS FOR CHILD COMMERCIAL FEDERAL BANK COMMUNICATIONS PROVIDERS COMPUSAINC DES MOINES WATER WORKS FAXON COMPANY,THE IMAGING TECHNOLOGIES INGRAM LIBRARY SERVICES IOWA HEALTH SYSTEM IOWA MUNICIPALITIES WORK MACK,LINDA MC LEODUSA MID AMERICAN ENERGY MURPHY-PETERSEN,DEVON NETINS CHILDRENS BOOKS SEP '01 STATEMENT 2001 IOWA AGRICULTURE ST TAPE CARTRI DGES SEP '01 STATEMENT YEARLY PERIODICAL SUBSCRI SEP '01 COPIER MAINTENANCE BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS BOOKS CREDIT-BOOKS AUG '01 MARC RECORDS 2001 EMPLOYEE ASSISTANCE OCT '01 PREMIUM #4 SEP '01 MILEAGE SEP '01 EXPENSES SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 MILEAGE SEP '01 INTERNET SERVICE $85.00 $54.74 $10.00 $80.48 $57.88 $1,335.16 $90.00 $30.68 $5.37 $15.31 $5.87 $24.49 $17.10 $32.60 $258.20 $20.74 $133.90 $37.13 $53.81 $172.93 $14.34 $17.70 $67.84 $31.81 $21.95 $34.44 $14.80 $17.60 $33.30 $8.92 $7.14 $7.18 $20.42 $2.70 $32.97 $10.00 $9.41 $31.21 $2.70 $7.80 $2.39 -$5.37 $34.07 $28.38 $7.29 $14.62 $30.00 $132.78 $357.07 $20.74 $21.95 3 OFFICE DEPT CREDIT PLAN SUPPLIES $157.77 ROBINSON,KIM OCT '01 EXPENSE REIMBURS $66.00 SAGEBRUSH TECHNOLOGIES PRINTER RIBBONS $74.90 SAM'S CLUB SUPPLIES $96.38 TEEN VOICES SUBSCRIPTIONS $31.95 TONNELLI,CHERYL OCT '01 CLEANING SERVICE $160.00 TORGERSON,LISA SEP '01 MILEAGE $30.60 UNI NEW IOWANS PROGRAM WELCOMING NEW IOWANS GUI $3.00 US POSTAL SERVICE STAMPS $34.00 WAUKEE HARDWARE &VARlET SEP '01 STATEMENT $12.57 WELLS FARGO -LIBRARY PE SEP '01 PETTY CASH $101.48 PARKS BIG BEAR EQUIPMENT INC MOWER BOLT $2.99 DALLAS COUNTY NEWS SEP '01 STATEMENT $79.60 DES MOINES WATER WORKS SEP '01 STATEMENT $8.56 SEP '01 STATEMENT $14.90 FRY &ASSOCIATES INC PARK EQUIPMENT $3,197.63 HEARTLAND CO-OP SEP '01 STATEMENT-PUBLIC $261.96 IOWA MUNICIPALITIES WORK OCT PREMIUM #4 $11.34 OLSON BROTHERS SEP '01 STATEMENT $101.99 SUNCOM SEP '01 STATEMENT $22.09 SEP '01 STATEMENT $49.85 SEP '01 STATEMETN $11.02 WAUKEE AREA CHAMBER OF C 2001 FALL FESTIVAL SUPPO $750.00 WAUKEE HARDWARE &VARIETY SEP '01 STATEMENT $79.93 SEP '01 STATEMENT $62.94 COMMUNITY CENTER ARAMARK UNIFORM SERVICES MAT SERVICE-COMM CENTER $45.33 CAPITAL SANITARY SUPPLY PAPER TOWELS $50.98 DES MOINES WATER WORKS SEP '01 STATEMENT $43.74 MIGHTY TIDY CLEANING AUG '01 CLEANING-COMM CE $110.00 SEP '01 CLEANING-COMM CE $110.00 STORM SEWERS MIDWESTERN CULVERT LTD METAL END SECTIONS $224.92 RHINO MATERIAL CONCRETE BLOCKS $383.40 US FILTERIWATERPRO FERN COS $57.00 SOLID WASTE COLLECTION &RECYCLI WASTE MANAGEMENT OF IOWA SEP '01 YEARD WAST STICK $800.00 SEP '01 STATEMENT $14,432.47 PUBLIC WORKS ARAMARK UNIFORM SERVICES MAT SERVICE-PUBLIC WORKS $34.40 IOWA ASSOCIATION OF MUNI WORKSHOPS-GIBSON &WI NT $90.00 IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $9.45 IOWA MUNICIPALITIES WORK OCT '01 PREMIUM #4 $43.71 MC LEOD USA SEP '01 STATEMENT $59.68 OLSON BROTHERS SEP '01 STATEMENT $81.50 SUNCOM SEP '01 STATEMENT $49.85 WATER UTILITY DALLAS COUNTY NEWS SEP '01 STATEMENT $19.90 DAN RAITT INC WASHED FILL SAND $266.80 DES MOINES WATER WORKS SEP '01 STATEMENT $14,693.30 SEP '01 STATEMENT $8.56 4 HEARTLAND CO-OP IOWA ASSOIATAION OF MUNI IOWA HEALTH SYSTEM IOWA MUNICIPALITIES WORK MC LEOD USA SNYDER PHOTOGRAPHY,TERRY SUNCOM UNIVERSITY OF IOWA HYGIE WILLIAMS TUF FARMS WINTERS,TROY SANITARY SEWERS &TREATMENT FACI DALLAS COUNTY NEWS DES MOINES WATER WORKS HEARTLAND CO-OP IOWA HEALTH SYSTEM IOWA MUNICIPALITIES WORK MCLEOD USA MOMAR SUNCOM UTILITY CONSULTANTS INC WAUKEE HARDWARE &VARIETY GAS UTILITY BATES &ASSOCIATES INC CIGMA LLC DALLAS COUNTY NEWS DES MOINES WATER WORKS GROEBNER &ASSOCIATES INC HEARTLAND CO-OP IOWA HEALTH SYSTEM IOWA MUNICIPALITIES WORK IOWA PIPELINE ASSOC INC IOWA UTILITIES BOARD MC LEOD USA MUNICIPAL SUPPLY NORTHERN MUNICIPAL DISTR aWEST SUNCOM US ENERGY SERViCES INC SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT-PUBLIC WORKSHOPS-GIBSON &WINTE 2001 EMPLOYEE ASSISTANCE OCT '01 PREMIUM #4 SEP '01 STATEMENT TOWER PHOTOS SEP '01 STATEMENT SEP '01 STATEMENT JUL-SEP '01 TESTING SOD REIMBURSEMENT -JEANS $4.18 $16.45 $299.55 $14.90 $165.83 $55.00 $11.34 $72.85 $59.69 $15.00 $49.85 $11.02 $198.00 $45.00 $31.80 SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT-PUBLIC 2001 EMPLOYEE ASSISTANCE OCT '01 PREMIUM #4 SEP '01 STATEMENT DEGREASER SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 TESTING SEP '01 STATEMENT $19.90 $8.55 $4.17 $14.90 $315.75 $143.05 $11.34 $72.85 $291.80 $1,235.89 $49.85 $11.02 $827.00 $11.23 HANDLE VALVES SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT SEP '01 STATEMENT TEE FIITINGS SEP '01 STATEMENT-PUB 2001 EMPLOYEE ASSISTANCE OCT '01 PREMIUM #4 WELDING 1ST/2ND aTR FY2002 ASSES SEP '01 STATEMENT YELLOW MARKING PAINT ASSESSMENT SEP '01 STATEMENT-440-64 SEP '01 STATEMENT SEP '01 STATEMENT AUG '01 STATEMENT SEP '01 STATEMENT $21.46 $197.34 $19.90 $8.55 $4.17 $16.45 $14.89 $570.87 $489.84 $30.24 $87.40 $107.10 $963.00 $59.69 $91.80 $1,351.06 $36.60 $149.55 $11.02 $68.05 $51,069.64 5 WAUKEE HARDWARE &VARIETY SEP '01 STATEMENT $80.13 UTILITY BILLING DES MOINES WATER WORKS SEP '01 STATEMENT $4,960.00 STREETS DEPARTMENT ARNOLD MOTOR SUPPLY BREAK PAD $64.08 CREDIT-BRAKE PAD -$44.49 CAPITAL CITY EQUIPMENT C HYDRAULIC rrrnac $5.92 CFI TIRE SERVICE TRUCK TIRE $219.73 DALLAS COUNTY NEWS SEP '01 STATEMENT $19.90 DAN RAin INC ROADSTONE $332.84 DES MOINES WATER WORKS SEP '01 STATEMENT $4.18 HEARTLAND CO-OP SEP '01 STATEMENT $502.71 IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $20.79 IOWA MUNICIPALITIES WORK OCT '01 PREMIUM #4 $429.82 JOHNSTON DIST CO INC CREEPER CASTORS $39.96 CREEPER CASTORS $39.98 MINER DUST CONTROL DUST CONTROL $559.08 NEWMAN TRAFFIC SIGNS SPEED LIMIT SIGNS $190.56 O'HALLORAN INTERNATIONAL ANTENNA $28.71 PR DIAMOND PRODUCTS INC CONCRETE BLADES $683.00 PRAXAIR WELDING GAS $23.87 R-WAY CONCRETE CONCRETE $192.50 CONCRETE $423.50 CONCRETE $38.50 SUNCOM SEP '01 STATEMENT $99.70 SEP '01 STATEMENT $11.02 WAUKEE HARDWARE &VARIETY SEP '01 STATEMENT $122.38 ZIEGLER INC CREDIT -HYDRAULIC HOSE RE -$60.37 MAYOR AND COUNCIL IOWA MUNICIPALITIES WORK OCT '01 PREMIUM #4 $7.29 WEBLINK WIRELESS OCT '01 MAYOR'S PAGER SE $119.91 ADMINISTRATION ANE TECHNOLOGY SERVICES COMPUTER MAINTENANCE $100.00 ARAMARK UNIFORM SERVICES MAT SERVICE-CITY HALL $57.97 BAKER COMMUNICATIONS PHONE REPAIRS $100.00 CAPITAL SANITARY SUPPLY PAPER TOWELS $83.68 CARAVAN,AMBER CITY HALL CLEANING $100.00 CITY HALL CLEANING $100.00 CITY HALL &COUNCIL $110.00 CLEAN IN CITY HALL CLEANING $100.00 CITY HALL CLEANING $100.00 CITY HALL CLEANING $100.00 CITY HALL &COUNCIL $110.00 CLEANIN CLEANING SUPPLIES $14.09 CITY HALL CLEANING $100.00 CRYSTAL CLEAR BonLED WA WATER-COUNCIL CHAMBERS $5.80 DALLAS COUNTY NEWS SEP '01 STATEMENT $779.62 DES MOINES WATER WORKS SEP '01 STATEMENT $148.00 SEP '01 STATEMENT $11.30 SEP '01 STATEMENT $71.98 SEP '01 STATEMENT $59.31 6 SEP '01 STATEMENT $8,75 IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $28,35 IOWA LEAGUE OF CITIES BUDGET WORKSHOP-$30,00 MARK/LIN IOWA MUNICIPALITIES WORK OCT '01 PREMIUM #4 $29,14 LITHO GRAPHICS PRINT COM OCT '01 NEWSLETTER $361,00 MC LEOD USA SEP '01 STATEMENT $391.43 ROTARY QTRL Y DUES-ARENTSEN $125,00 SUNCOM SEP '01 STATEMENT $49,85 TRILETT OFFICE ESSENTIAL LAPEL FLAG PINS $140,00 COPY PAPER/BINDING $126,80 MACHINE WATE MANAGEMENT OF IOWA SEP '01 STATEMENT-CAM $117,60 WEAVER,CHAD SEP '01 MILEAGE/EXPENSE $76.41 FINANCIAL ADMINISTRATION BURKHART,LINDA OCT '01 MILEAGE $58.48 COMPUTER MANAGEMENT SERV COMPUTER BUDGET CLASS $130,00 DEERFIELD SEMINARS INC PUBLIC EMPL PAYROLL SEMI $170,05 DENMAN &COMPANY LLP SEP '01 STATEMENT $2,000,00 IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $9.45 IOWA LEAGUE OF CITIES BUDGET WORKSHOP-$30.00 MARK/LIN IOWA MUNICIPALITIES WORK OCT '01 PREMIUM #4 $14.57 TRIPLET OFFICE ESSENTIAL COpy PAPER/BINDING $5.41 MACHINE COMMUNITY DEVELOPMENT DALLAS COUNTY DEVELOPMENT FY2002 MEMBERSHIP DUES $3,844.50 DALLAS COUNTY NEWS SEP '01 STATEMENT $48.86 IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $9.45 lOW MUNICIPALITIES WORK OCT '01 PREMIUM #4 $14.57 SUNCOM SEP '01 STATEMENT $49.85 TRIPLETT OFFICE ESSENTIAL COPY PAPER/BINDING MACH $809.14 ENGINEERING IOWA HEALTH SYSTEM 2001 EMPLOYEE ASSISTANCE $9,45 IOWA MUNICIPALITIES WORK OCT '01 PERMIUM #4 $43,71 SUNCOM SEP '01 STATEMENT $49,85 TRIPLETT OFFICE ESSENTIAL COpy PAPER/BINDING $15,71 MACHINE GRAND TOTAL $141,116.37 PAID PRIOR TO COUNCIL APPROVAL NO DEPT ENTERED ICMA ICMA $500.20 ICMA $500.20 IPERS IPERS $2,714.67 IPERS $2,721.16 IPERS -POLICE PDIPERS $2,294.88 PD IPERS $2,248.18 TREASURER,STATE OF IOWA STATE W/H $1,976.54 STATEW/H $2,034.55 POLICE OPERATIONS IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPL $99.78 DEVELOPMENT FIRE PROTECTION 7 IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPL $42.40 DEVELOPMENT MERCY MEDICAL CENTER·D PALS COURSE REGISTRATION $50.00 BUILDING INSPECTION ANE TECHNOLOGY SERVICES DOWNPAYMENT ON COMPUTERS $1,155.37 CITY OF MARSHALLTOWN PLANNINGIZONING SEMINAR $20.00 WILLITSIPLANNING &ZONING $10.00 IOWA WORKFORCE 3RD OTR '01 IOWA UNEMPLOY $19.79 DEVELOPMENT LIBRARY SERVICES BLANK PARK ZOO OCT '01 PROGRAM $75.00 IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPLOY $68.78 DEVELOPMENT PARKS IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPLOY $41.23 DEVELOPMENT POLK COUNTY EXTENSION REGISTRA TION·HEIMANN $30.00 REGISTRATION $30.00 WATER UTILITY IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPLOY $35.35 DEVELOPMENT SANITARY SEWER &TREATMENT IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPLOY $23.12 DEVELOPMENT GAS UTILITY IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPLOY $43.25 DEVELOPMENT STREETS DEPARTMENT IOWA WORKFORCE 3RD QTR '01 IOWA UNEMPLOY $49.01 DEVELOPMENT MAYOR AND COUNCIL IOWA WORKFORCE 3RD OTR '01 IOWA UNEMPLOY $10.92 DEVELOPMENT ADMINISTRATION ANE TECHNOLOGY SERVICES DOWNPAYMENT ON COMPUTERS $1,859.79 IOWA WORKFORCE 3RD OTR '01 IOWA UN EMPLOY $99.40 DEVELOPMENT FINANCIAL ADMINISTRATION ANE TECHNOLOGY SERVICES DOWNPAYMENT ON COMPUTERS $651.94 COMMUNITY DEVELOPMENT DALLAS COUNTY DEVELOPMENT ANNUAL MEETING DUES·GUND $22.00 ENGINEERING ANE TECHNOLOGY SERVICES DOWNPAYMENT ON COMPUTERS $652.80 IOWA WORKFORCE 3RD OTR '01 IOWA UNEMPLOY $42.21 DEVELOPMENT GRAND TOTAL $20,122.52 PAYROLL 9128101 ARENTSEN,MARK J $1,697.98 BOSWELL,KRISTIN A $129.29 BREUER,GREGORY A $1,128.47 BRUECKEN,ALYSSA J $10.62 BURKHART,LINDA $1,149.43 DAGGETI,WILLIAM J $821.71 DAVISSON,DELORES J $141.76 DEZEEUW,DAVID S $1,004.63 DODGE,JUSTIN D $714.47 8 DDWELL,DENNIS D EFTPS FEDERAL FICA MEDICARE $1,066.90 $5,726.57 $5,880.38 $1,375.26 $758.07 $1,171.92 $737.26 $1,452.61 $1,628.26 $652.01 $1,013.20 $100.00 $351.07 $710.95 $400.00 $300.00 $55.34 $844.59 $948.11 $881.63 $819.01 $749.03 $743.67 $822.94 $185.14 $1,538.45 $925.63 $830.23 $329.14 $1,196.94 $839.55 $731.20 $100.00 $539.79 $813.60 $998.92 $941.53 $751.61 FORD,ELIZABETH A GREEMAN,BRADLEY W GENTOSI,MICHAEL P GIBSON,JOHN R GUNDERSON,JODY T HEIMANN,RONALD L HERRICK,ROBERT D JODY GUNDERSON JONES,HARRY N KELLER,CHRISTOPHER M LELAND PERKINS LIFE INS PRE LUDWIGS,MICHAEL R MACK,LINDA M MAPES,TROY M MARCHANT,JOEY L MURPHY-PETERSEN,DEVON M OLSON,SCOTT A PAARDEKOOPER,CATHERINE PERKINS,LELAND E PHILLIPS,LARRY J POPP,SHAWN D RICHARDSON,ELIZABETH A ROBINSON,KIMPERL Y A ROYER,TIMOTHY L SCHETTLER,RODNEY A SPENCER,JEFFREY A TIMOTHY ROYER TORGERSON,LISA A VAN ZEE,DIANNA L WEAVER,CHAD E WHITE,DANNY L WINTERS,TROY S GRAND TOTAL $46,708.87 (7)Mayor's Report:The Mayor wants an update of the status of the computer system and the cost ofthe upgrade.Participated in the meeting with the DOT on the interchange issue.Also attended a meeting with the state fire marshall The Mayor introduced a proclamation designating October 2001 as Brain Injury Awareness Month. PROCLAMATION Designating October 2001 As Brain Injury Awareness Month WHEREAS,Brain injuries are the number 1 cause of death among Iowans between the ages of 1 to 44;and 5.3 million Americans live with the effects of brain injury 9 WHEREAS,A brain injury occurs every four hours in Iowa, of these 265 die;and WHEREAS,Nearly 2000 of those injuries are severe enough to require hospitalization and ongoing treatment;and WHEREAS,Falls and bicycle accidents involving children account for 22 percent ofthose injured;and WHEREAS,There is a serious lack of a system of care designed to meet the special needs of people with traumatic brain injuries;and WHEREAS,The effects of brain injury are emotionally and financially devastating to families,and WHEREAS,Public awareness of the consequences of brain injury is critical to public understanding that will lead to the prevention of injuries and that will enhance the recovery process for survivors of brain injury;and WHEREAS,The Brain Injury Association ofIowa and its 700 members offer a network,education, advocacy and public awareness about brain mjuncs; NOW,THEREFORE,BE IT RESOLVED:The month of October 2001 is designated Brain Injury Awareness Month. REAP Grant was approved for the purchase of additional park land.Also he has received the application for the South Fork/Westgate multipurpose trail. (8)Resolution:Recognizing the accomplishments of Matthew Dowell,son of Dennis and Marilyn Dowell.The Mayor attended the Eagle Scout ceremony for Matthew Dowel, which took place last Sunday.Matthew's project was the reshingling of the enclosed shelter house in the park.Matt like a lot of people in our community does these things not looking for a lot of attention from it,so the Mayor thought it was incumbent on the Council to approve the resolution and shed some light on what he has done. CERTIFICATE OF APPRECIATION WHEREAS,Matthew Dean Dowell is a candidate for the rank of Eagle Scout in Troop 178,And WHEREAS,Matthew Dean Dowell has exhibited outstanding community spirit through his participation in a variety of community improvement projects including shingling the Centennial Park shelter and rest rooms,And WHEREAS,The Waukee community has benefited significantly from the community improvement projects undertaken by Matthew Dean Dowell, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15th day of October 2001 that it hereby expresses its deepest 10 gratitude and heartfelt appreciation to Matthew Dean Dowell for his efforts on the Centennial Park Shelter Improvement Proj ect. The Mayor requested a motion and second to approve the resolution.Marvin Berger moved and everyone second the motion to approve the resolution of appreciation for Matthew Dean Dowell.Roll call:Ayes:Berger,Peard,Gruber,Watts,Jolmson.Nays: None.Motion carried 5 -O. (9)Public Hearing:On Ordinance rezoning Westview Church/rom A-1 to C-1.The Mayor opened the public hearing.No written comments received prior to the meeting. No oral comments were made during the public hearing.The mayor closed the public hearing. (10)Ordinance:On Ordinance to amend Chapter 301,Waukee Municipal Code,Zoning Ordinance a/the City a/Waukee,Iowa,by Re-zoning and Changing the Westview Church/rom A-1 (Agricultural District)to C-1 (Community and Highway Service Commercial District).The Mayor requested an introduction ofthe above Ordinance. Nick Gruber introduced the Ordinance.Marvin Berger then moved to have the first reading in title only.Wayne Johnson second.Roll call:Ayes:Berger,Johnson,Gruber, Peard,Watts.Nays:None.Motion carried 5 -O.The title of the Ordinance was read. Nick Gruber moved to waive the 2nd and 3rd readings.Wayne Johnson second.Roll call: Ayes:Gruber,Johnson,Berger,Watts,Peard.Nays:none.Motion carried 5 -O.Nick Gruber moved to place the Ordinance on its final passage.Marvin Berger second.Roll call:Ayes:Gruber,Berger,Johnson,Peard,Watts.Nays:None.Motion carried 5 -O. ORDINANCE NO.2357 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-l (COMMUNITY AND IDGHWAY SERVICE COMMERCIAL DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. BE IT ORDAINED by the Council ofthe City of Waukee: Section 1.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-l (Community and Highway Service Commercial District),and that the Official Zoning Map be made to reflect such amendment. Lot 39,Country Club Woods PlatS an official plat in Waukee,Dallas County, Iowa.Also known as Westview Church 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 15th day of October,2001,and approved this 15th day of October,2001. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Clerk/Administrator (11)Resolution:Approving the site plan/or the addition to Westview Church Tim Olson of SVP A Architects was present to discuss the site plan for the addition to Westview Church.In addition the Church sign,which passed P&Z earlier,was part of the discussion.The material forming the base of the sign was originally according to code 11 but is no longer.Future discussions will need to take place concerning this issue.The motion to approve this site plan was made by Mike Watts with the stipulation that the church sign be completed at the same time as the addition and that P&Z approve the final design ofthe sign.Wayne Johnson second.Roll call:Ayes:Watts,Johnson,Berger, Peard,Gruber.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-183 APPROVING WESTVIEW CHURCH ADDITION SITE PLAN IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE WHEREAS,SVPA Architects have presented the City of Waukee with a site plan for an addition to the Westview Church,AND, WHEREAS,the plans for the Westview Church have met the requirements necessary according to the Waukee Municipal Code §304 Site Plan Requirements,AND, WHEREAS,the Planning and Zoning Commission approved the site plan on October 9,2001,AND, NOW THEREFORE BE IT RESOLVED by the Waukee City Council is in session this 15th day of October,200 I that it hereby approves the site plan for the Westview Church Addition. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvio Berger X BillPeard X Mike Watts X Wayne Johnson X (12)Public Hearing:On involuntary annexation of the Swallow properties.Two letters were received prior to the meeting from Frank M.Smith,attorney for the Swallow cousins.The two letters were read into the record.The first letter dated 10/09/01 and addressed to Mark Arentsen was as follows: This is written as a follow up to our recent discussions concerning my clients'proposed voluntary annexation to Waukee approximately 167 acres,in which they have an undivided fractional interest.Their goals for the annexation include insuring maximizing the frontage along Alice's Road of the 27 acre tract and the 140 acre tract,assuring appropriate zoning for the properties,and assuring that the properties can be accorded the benefits of any urban revitalization ITIF/tax abatement programs available from Waukee. I would like to meet with you and your staff on Monday,October 15, 2001,to further discuss these and other issues related to the annexation.I would also like to obtain at that time a voluntary annexation application form for execution by my clients.I look forward to hearing from you concerning the foregoing at your earliest convemence. The second letter dated 10-15-01 and received via FAX was also read into the record.It was addressed to Mark Arentsen and was as follows: This will confirm my discussions with you and Jody Gunderson today concerning the above referenced matter.(The Swallow I Shaffer I Smeenk Annexation) 12 Second,this will confirm that I believe we have an agreement in principle to voluntary annexation and that both parties will work diligently toward reducing the agreement to writing within the next two (2)weeks. Third,this will further confirm that my clients endorse the proposed annexation moratorium agreement with West Des Moines and that Waukee's approval of this 28E agreement is an integral part of my clients'decision to voluntarily annex to Waukee. Fourth,it was agreed that you will provide me with the various documents which I need to complete my due diligence in regard to this matter.I look forward to receiving same at your earliest opportunity. If you have any questions concerning any of the foregoing or if any of the foregoing does not correspond with your understanding of our discussions,please let me know.I appreciate the cooperation and courtesies that you and Mr.Gunderson have extended to me in regard to this matter;and on behalf of my clients,I look forward to working with you and the city of Waukee in reaching an agreement that is mutually acceptable to both parties for the voluntary annexation of my clients'land to Waukee. The Mayor requested a brief summary from Mark Arentsen concerning the staffs efforts at securing a voluntary annexation from the Swallow property owners.Mark indicated that we have been discussing this property with representatives of the family for approximately two years.We've exchanged emails with the individual who was indicated to us as being the contact person for the four cousins.We've provided them information,sometimes more than once.We've had very congenial relations in these conversations but have yet to receive a voluntary annexation request.We sent a letter to all four owners in July or August indicating if they did not submit a voluntary petition by the early part of September we would proceed with an involuntary annexation petition, which we are now doing.They,in turn,have hired Mr.Smith to represent them,which is a positive because Mr.Smith is very experienced in annexation matters and he has been very forthright and assured the staff again today that we would have within the next couple weeks a written offer from the owners regarding the voluntary annexation. If this proceeds on an involuntary basis,the family will not receive any of the tax incentives given to those who participate in a voluntary annexation.The family is aware of this.Mark Arentsen also indicated that an involuntary annexation would take approximately 3 months to accomplish,which would give Mr.Smith time to enter a voluntary petition in behalf of the Swallow cousins. No questions or comments from the public were received.The Mayor closed the public hearing. (13)Resolution:Approving involuntary annexation of the Swallow properties.The City Attorney indicated that the Council could rescind the involuntary annexation action,if a voluntary annexation was received.Mike Watts moved;Wayne Johnson second to approve the involuntary annexation of the Swallow properties.Roll call:Ayes:Watts, Jolmson,Berger,Peard,Gruber Nays:None.Motion carried 5 -O. PETITION FOR INVOLUNTARY ANNEXATION We,the City Council of the City of Waukee,Iowa,do hereby petition the City Development Board of the State oflowa for an involuntary annexatiou of property legally described as: 13 SEl/4 of the NEl/4 of Section 9,Township 78 North,Range 26 West of the 5th P.M.,except 11 acres more or less for interstate 80 right-of- way,Dallas County,Iowa. and also, Government Lot 15 and EI/4 of the SWl/4 and the West 3/8ths of the SEl/4 in Section 4 in Township 78 North,Range 26 West of the 5'h P.M.,Dallas County,Iowa. None of the above-described land is currently within a City. In support thereof are the following attachments,by reference incorporated herein and made a part hereof: 1.A general statement of the proposal,marked "Exhibit A." 2.A map showing the territory and surrounding properties,which are pertinent to the annexation marked as "Exhibit B." 3.Statements pertaining to the assessed valuation,classification assigned for tax purposes and the names and addresses of the property owners marked as "Exhibit C." 4.Statements pertaining to population density,land use patterns,and topography, jointly marked "Exhibit D." 5,Statements pertaining to existing and proposed expansion of municipal services. current or future agreements with existing special service districts,plans for disposal of assets and assumption of liabilities,and current formal agreement between the City of Waukee and Dallas County for the maintenance,improvement and traffic control of any shared roads,jointly marked "Exhibit E." This petition for an involuntary annexation of territory located in Dallas County into the City of Waukee passed and adopted by the Council of the City of Waukee on 15th of October 2001 is respectfully submitted this 15'h day of October 2001 to the City Development Board of the State ofIowa for its consideration and approval. Donald L.Bailey,Jr.,Mayor Attest: Mark J.Arentsen,City Administrator/Clerk "Exhibit A" General Statement of Proposal Involuntary annexation of the property in section four is proposed because a voluntary annexation petition from a neighboring property cannot be approved without creating an island of the Swallow property in section four.Involuntary annexation of the property in section nine is sought in order to allow for logical development of other neighboring properties.The property in section nine is surrounded to the west,north and east by properties,which have annexed to the City for development purposes.Interstate 80 is on the southern boundary of the section nine property.A logical development plan for properties in this area cannot occur with the exclusion of this property. "Exhibit C" Property Assessed Valuation Classification Assigned for Tax Purposes Names and addresses of the property owners Property assessed valuation Please see printouts from Dallas County Auditor's Office immediately behind this page. Section 4 is assessed at $179,830.Section 9 is assessed at $22,830.Total valuation for the Swallow Property is $202,660.The property consists of approximately 165.25 acres total. Classification Assigned for Tax Purposes Please see printouts from Dallas County Auditor's Office inunediately behind this page. Section 4 is assessed as agricultural with residence and outbuildings on it and without homestead exemption.Section 9 is assessed as agricultural land. Names and addresses of the property owners C.Sanford Swallow 14 P.O.Box 238 Forestville,California 95436-0238 Charles E.Shaffer 409 Driftwood Court Sioux City,Iowa 51104 Kay Smeenk RR I,Box 134 Newell,South Dakota 57760 Chris Swallow P OBox435 Piedmont,South Dakota 57769 IIExhibit D" Population Density,Land Use Patterns,Topography The property in both sections nine and four is used for agricultural production.There is one residence and several outbuildings on a small portion of the property in section four.The land is flat to slightly rolling with no sharp elevation changes.There are few grass waterways in these fields.This is further confirmation that the land is relatively flat.There are no apparent areas of significant erosion. Two people are residing on this property.This is the same as was indicated on the last census. "Exhibit El' Existing and proposed expansion of municipal services Current or future agreements with existing special service districts Plans for disposal of assets and assumption of Iiahilities Current formal agreements for city/county shared roads Existing and proposed expansion of municipal services The City of Waukee will provide police protection for this property in addition to the Fire Department Services currently being provided through an agreement with the township in which this property lies. Current or future agreements with existing special service districts Xenia Rural Water is not delivering water to this property nor to adjacent properties in Township 78.Potentially Xenia Rural Water may provide water to this area.This is speculative in nature;therefore, a future agreement is not contemplated at this time. Plans for disposal of assets and assumption of liabilities The City does not intend to dispose of assets or assume liabilities. Current formal agreements for city/county shared roads The County of Dallas and the City of Waukee entered into a 28E Agreement to provide joint exercise of the respective powers of the County and City in connection with the joint maintenance of certain roads and right-of-ways.This agreement was signed and filed in October,2000.The terms of the agreement are perpetual. (14)Public Hearing:On 28E Agreement and Annexation Moratorium with West Des Moines.The Mayor opened the public hearing.The second letter dated 10/15/01 from Mr.Frank Smith and as written above in Item 12 is also included as part of this record.It was the only written comment received on either issue.Wayne Johnson suggested that wording for the 28E agreement be changed so it reflected the intention of the City but did not necessarily tie up existing funds for a project,which mayor may not be ready to take place.Mr.Johnson suggested replacing the wording in Item 7 in the 1-80 Interchange 28E Agreement with the following wording:"Each city will reserve bonding capacity and funds to total $1,250,000 in fiscal year 2005-2006 and will do the same for an additional $1,250,000 in fiscal year 2006-07 for the initial cost of the acquisition of right-of-way and the construction of the interchange."Further comments by Wayne Johnson were similar to Mike Watts comments later in the meeting.Both indicated that without the Alice's Road extension south from University Avenue,the interchange would be a road to nowhere.Similarly,without the interchange,there would be no viable outlet for traffic 15 going south of University Avenue on Alice's Road.Continuing the discussion the Mayor suggested that the meeting be divided into the two issues and further suggested that the Moratorium Annexation issue be discussed first.Jody Gunderson introduced the moratorium.Further discussion (l)clarified the boundaries of the total area involved in the moratorium,(2)explained the areas in which annexation could proceed by one city but not the other,(3)identified the area in which both cities could annex as long as the city annexing received a voluntary annexation petition signed by the property owner and (4)delineated the areas in which neither city could annex property for a period often years with the exception of Napa Valley West Subdivision that lies in Van Meter Township for which the City of West Des Moines has a petition signed by the property owner requesting voluntary annexation.Discussion by those present indicated that there was considerable sentiment in accord with a moratorium.Those individuals voicing an assent to the moratorium were Bill Martine,Ruan Inc.,Joe Copeland,Jerry Nugent, Knapp Properties and Tom Robel.No one voiced dissent.Discussion concerning the Van Meter Township area,the town of Van Meter and interstate frontage occurred.The Sugar Creek tunnel,an alternative sewer route for area F,if ever needed,was discussed. Discussion continued on the 28E Agreement.A description of the agreement is as follows:PFM prepared a brief summary of the resources needed to fund the 28E agreement,which includes budgeting $300,000 over a three year period for the cost of preparation of the interchange engineering design study and related work and budgeting $2,500,000 over a two year period -FY06 and FY07 -for the initial cost of the acquisition of right-of-way and the construction of the interchange.The City of West Des Moines indicates they will support the interchange and participate in any funding applications to outside sources.In addition any funds received from private contributors would be in addition to the $2,500,000 commitment.Wayne Johnson reiterated his position on reserving bonding capacity as opposed to budgeting the $2,500,000.Ifthe proj ect comes on line in the time frame described the funds,from the City would be available.Ifnot,the funds could be used for other projects.A representative from PFM, Scott Sanders,indicated that reserving the capacity for the project that is three and four years out is an excellent mechanism for financing the development.He pointed out a summary statement in a letter by Jon Burmeister ofPFM in which Mr.Burmeister states that the City will need to have an additional 6.5 million dollars in valuation in commercial growth in the urban renewal area in years 2003 and 2004 to fully fund the initial portion of this project.Additional funding will be secured from other sources, possibly federal and/or state,to complete the project.Much discussion occurred in terms of commercial growth and the benefit of that growth to the City.There was also discussion on the need to develop Alice's Road to the interstate and to widen University Avenue prior to or in conjunction with the development of the interchange.Mayor Bailey mentioned that the City couldn't do the interchange proj ect alone.There will need to be a private/public joint partnership in developing the overall area either with actual developments or with commitment for developments.Jim Phillips,Dave Clark,Bradley Burt,Mr.and Mrs.Crow presented other comments from the audience.The Mayor closed the public hearing. (15)Resolution:Approving the 28£Agreement with the City of West Des Moines for the construction of an interchange at the intersection of 1 05'"Street /Alice's Road and 1-80 Wayne Johnson asked the PFM representative to address Mike Watt's concern that other 16 projects might be put on hold while completing the interchange project.The PFM representative indicated the key was to look at projected revenue based on current development.Most ofthe capacity ofthe City to fund extra projects in the next two or three years is used up after funding the $300,000 in engineering fees.That is assuming that we borrow for the entire amount.Mike Watts indicated he wasn't concerned about funding the $300,000;but rather was concerned about the $2,500,000 to fund the interchange and the projects that wouldn't be completed because money was not available for them.Mr.Sanders from PFM indicated that looking at the financing available in the next few years from projects recently completed or soon to be completed, the possibility of completing both projects -the interchange and punching Alice's Road through to the interchange -at the same time was non-existent.Councilman Gruber indicated that was probably true given limited growth in the future;but he feels that future growth willmore than double with commitment to an 1-80 interchange.Other comments were that sales of property due to the interchange being built would in themselves generate revenue for the City.J ody Gunderson reminded the Council that the Urban Renewal Plan,which was recently approved,specifically mentioned the 1-80 interchange and the 12 million it would take to complete it.Councihnan Berger indicated that his suggestion for reserving the capacity should also include budgeting funds each year rather than waiting until the need to borrow arrives.The wording in the 28E agreement was changed to accommodate reserving bonding capacity and budgeted funds. Nick Gruber moved to approve 28E agreement with the City of West Des Moines for the construction of an interchange at the intersection of 105th Street I Alice's Road and 1-80 with the changes to item #7 from "both"to "each"and changing "budget"to "reserve bonding capacity and funds"to total $1,250,000.Marvin Berger second.Roll call:Ayes: Gruber,Berger,Peard,Jolmson.Nays:Watts.Motion carried 4 -1. 1-80 INTERCHANGE 28E AGREEMENT THIS AGREEMENT made and entered into the 15th day of October 2001 by and between the CITY OF WAUKEE (hereinafter referred to as "Waukee")and the CITY OF WEST DES MOINES (hereinafter referred to as "West Des Moines"): WHEREAS,the cities of Waukee and West Des Moines are municipal corporations organized and existing under the laws of the State ofIowa and are public agencies as defined by Iowa Code Chapter 28E; and WHEREAS,West Des Moines and Waukee arc considering entering into an Annexation Moratorium Agreement with respect to properties subject to aunexation by either community;and WHEREAS,a portion of the property located in the proposed moratorium area contains land which has been identified as the location of the proposed 10Sth Street/Alice's Road 1-80 interchange;and WHEREAS,each city is willing to share certain costs for design and construction of the 10Sth Street/Alice's Road Interchange (hereinafter referred to as "the interchange")on 1-80;and WHEREAS,public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E;and WHEREAS,both cities find that joint and cooperative action will be to their mutual advantage;and WHEREAS,both cities believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the design and construction of the interchange,which agreement will be to their mutual advantage. NOW,THEREFORE,in consideration of the premises and the mutual covenants and agreements hereinafter contained,it is hereby agreed by and between Waukee and West Des Moines as follows: 1.Each city shall pass a resolution showing support for the construction of the interchange. 17 2.Both cities are committed to seek outside funding which will offset the cost of the interchange. 3.The two cities shall equally pay for the cost of the interchange justification report; 4.Together the two cities will develop a request for services proposal and contract for professional services for the preparation of the interchange design and related work; 5.Together the two cities will jointly bid for the above-listed professional services; 6.Each city will budget $100,000 in fiscal year 2002-03 and an additional $100,000 in fiscal year 2003-04 and 2004-05 for the cost of preparation of the interchange engineering design study and related work; 7.Each city will reserve bonding capacity and funds to total $1,250,000 in fiscal year 2005-06 and will also reserve bonding capacity and funds totaling $1,250,000 in fiscal year 2006-07,for the initial cost of the acquisition of right-of-way and the construction of the interchange; 8.Any grant funds received for the interchange design,engineering,and/or construction;andlor the relocation of the rest stop shall be jointly shared by both connnunities; 9.Each city will equally share in the cost of the fmal engineering and construction of the interchange. 10.Any costs incurred by either city in construction,acquisition,engineering,design for the roadways and utilities outside of the ramp terminus shall be the cost of each respective city; II.The 28E Agreement and Annexation Moratorium Agreement may be terminated prior to its expiration date only through a written agreement executed by Waukee and West Des Moines. 12.The duration of the Annexation Moratorium Agreement shall be for an initial term of ten (10) years,connnencing with the date of filing of this Agreement with the Iowa Secretary of State and Dallas County Recorder,in accordance with Iowa Code Section 28E.8.This Agreement shall thereafter continue for successive periods of one (1)year each unless terminated as hereinafter provided, 13.The terms and conditions of the 28E Agreement and Annexation Moratorium Agreement shall extend to and be binding upon the successors and interest of the respective parties thereto. 14.The 28E Agreement and Annexation Moratorium Agreement contain the entire understanding between the parties and cannot be changed or tenninated orally but only by an agreement in writing signed by both parties. 15,If any provisions of the 28E Agreement or Annexation Moratorium Agreement shall be declared invalid or unenforceable,both agreements shall be terminated, 16.This 28E Agreement and Annexation Moratorium Agreement will become effective only upon the execution of the agreements by the Cities of Waukee and West Des Moines. IN WITNESS WHEREOF,the parties have caused this instrument to be executed by their respective officers,pursuant to full authority granted and given as of the day and year first above written. CITY OF WAUKEE CITY OF WEST DES MOINES By:By:-o-:_ Mayor Mayor By:By:----------,o::c--:o:;--,-City Clerk City Clerk (16)Resolution:Approving the City Council's support of the construction of the 105'" Street /Alice's Road Interchange on 1-80,Wording changes occurred in Section 2 of this resolution."City pledges to reserve the bonding capacity and funds ..."The City Attorney reviewed the changes that needed to occur in this resolution.Further discussion occurred.Wayne Johnson moved to approve the resolution with the necessary changes. Marvin Berger second.Roll call:Ayes:Johnson,Berger,Gruber,Peard,Watts.Nays: None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01 -186 APPROVING SUPPORT OF THE CONSTRUCTION OF THE 10STH STREET/ALICE'S ROAD INTERCHANGE ON 1-80 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA 18 WHEREAS,the City Council of the City of Waukee on October IS,2001,approved a 28-E Agreement between the City of West Des Moines and the City of Waukee for the joint construction of the 105th Street!Alice's Road Interchange on 1-80. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF WAUKEE DOES AS FOLLOWS: SECTION 1.The City pledges $300,000 toward the cost of the preparation of the interchange engineering design study and related work. SECTION 2.The City pledges to reserve bonding capacity and funds totaling $2,500,000 toward the initial cost of the acquisition of the right-of-way and the construction ofthe interchange. SECTION 3.The City will equally share in the cost of the final engineering and construction of the interchange. SECTION 4.The cities will jointly submit requests for grants and other forms of assistance to fund the construction of the interchange. Passed and approved this 15"'day of October 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 (17)Resolution:Approving the Annexation Moratorium with West Des Moines.Nick Gruber moved to approve the annexation moratorium agreement.Mike Watts second. Roll call:Ayes:Gruber,Watts,Peard,Berger,Johnson.Nays:None.Motion carried 5 - O. ANNEXATION MORATORIUM AGREEMENT This ANNEXATION MORATORIUM AGREEMENT,entered into by and between the City of Waukee,Iowa,and the City of West Des Moines,Iowa,as authorized by resolution of the respective City Councils in accordance with Section 368.4 of the Code of Iowa,is as follows: 1.Subjectto the tenus and conditions of this Annexation Moratorium Agreement,the Cities of Waukee and West Des Moines hereby agree to refrain from the annexation of territory within the boundaries shown on the attached Exhibit "A"and more particularly described as follows: Area A:That territory generally lying west and north of a line begiuning at the point of intersection of the center lines of 98th StreetIW aco Place and University Avenue,thence southerly along the center line of 98th StreetlWaco Place to the center line of Ashworth Road,thence easterly along the centerline of Ashworth Road to the center line ofT-80,thence southwesterly along the center line on-80 to the east line of the SWY.of the SWY.of Section 9,Boone Township,Dallas County;thence south along the east line of the SWY.of the SWY.of said Section 9 to the NE corner of the NWY.of the NWY.of Section 16,Boone Township, Dallas County;thence south along the east line of the NWY.of the NWY.of said Section 16 to the NE comer of the SWY.of the NWY.of said Section 16;thence west along the north line of the SWY.of the NWY.of said Section 16 to the NE comer to the SEY.of the NEY.of Section 17,Boone Township,Dallas County; thence westerly along the north line of the SEY.of the NEY.of said Section 17 to the NE comer of the SWY.of the NEY.of said Section 17;thence westerly along the north line of SW Y.of the NE Y.of said Section 17 to the west line of the NE Y.of said Section 17,thence southerly approximately 330 feet to a property line,thence westerly along the property line to the centerline of Dallas County Road R-22,thence southerly along the center line of County Road R-22 to the SE comer of the SW Y.of the SW Y.of Section 17,thence westerly along the south line of the SWY.of the SWY.of said Section 17 to the centerline of County Road R-22,then southerly along the center line of County Road R-22 to 19 the north line of the south 1,of Section 19,Boone Township,Dallas Couuty, Iowa,thence westerly along the north line of the south 1,of said Section 19 to the center of Section 19,thence northerly along the west line of the east 1,of said Section 19 to the south line ofthe north 1,of the north 1,of said Section 19, thence westerly along the south line of the north 1,of the north 1,of said Section 19 to the VanMeter/Boone Township line. Area B:That territory generally lying east and south of a line beginning at the point of intersection of the center lines of 98th Stree1lWaco Place and University Avenue,thence southerly along the center line of 98th Stree1lWaco Place to the center line of Ashworth Road,thence easterly along the centerline of Ashworth Road to the center line ofl-80,thence southwesterly along the center line ofl-80 to the east line of the SWv.of the SWv.of Section 9,Boone Township,Dallas County;thence south along the east line of the SWv.of the SWv.of said Section 9 to the NE corner of the NWV.of the NWV.of Section 16,Boone Township, Dallas County;thence south along the east line of the NWV.of the NWV.of said Section 16 to a point which is 468 feet north of the SE comer of the NWV.of the NWV.of said Section 16;thence south 60055'east 155.8 feet;thence south 65°52'east 116.0 feet;thence south 55°04'east 287.3 feet;thence south 79°21' east 195 feet;thence north 63°19'east 124.2 feet;thence south 74°09'east 348.3 feet;thence north 84°35'east 226.0 feet to the SE comer of the NEV.,of the NWV.of said Section 16;thence easterly along the south line of the north 1" NEV.of said Section 16 to the SE comer of the north \1"NE V.of said Section 16;thence northerly along the east line of the north \1"NE V.of said Section 16 to the NE comer of said Section 16;said point also being the NW comer of Section IS;thence easterly along the north line of the NWV.of said Section IS to the NE comer of the NW V.of said Section IS;thence southerly along the east line of the NW V.of said Section IS to the SE comer of the NW V.of said Section 15;thence westerly along the south line of the NW V.of said Section IS to the SE comer of the NE V.of said Section 16;thence westerly along the south line of the NE V.of said Section 16 to the NE comer of the SW V.of said Section 16,said point also being the centerline of Wendover Road;thence southerly and westerly along the centerline of Wendover Road to the intersection with the centerline of County Road R-22;thence southerly along the center line of County Road R-22 to the SE comer of the SW V.of the SW V.of Section 17,thence easterly along the south line of said Section 17 to the NE comer of the NE V.of the NW V.of Section 20,Boone Township,Dallas County,thence southerly along the west line of the NE V.of said Section 20 to the center of Section 20,thence easterly along the north line of the SEV.of said Section 20 to the centerline of County Road V Place,thence southerly along the centerline of said V Place to the centerline of Booneville Road,thence southwesterly along the centerline of Booneville Road to the north line of Booneville (original town)plat,thence southerly along the east line of Booneville Plat to the north right-of-way line of the Iowa Interstate Railroad, thence westerly along the north right-of-way line of the Iowa Interstate Railroad to the centerline of County Road R-22;thence northerly along the centerline of said County Road R-22 to the NE comer of Section 30,Boone Township,Dallas County;thence westerly along the north line of said Section 30 to the Van MeterlBoone Township line. Area C:That territory lying within an area as defined by a line beginning at the southwest comer of the SWv.of the SEV.of Section 3,Boone Township,Dallas County,thence northerly along the west line of the SWV.of the SEY.of said Section 3 to the northwest comer of the SWv.of the SEV.of said Section 3, thence easterly along the north line of the SWv.of the SEV.of said Section 3 to the northeast corner of the SWv.of the SEV.of said Section 3,thence southerly along the east line of the SWv.of the SEV.of said Section 3 to the center line of 88th Street /X Avenue;thence southwesterly along the center line of 88th Street 20 AreaD: Area E: /X Avenue to the center line of Ashworth Road /County Road F-64,said centerline also being the south line of the SWY.of the SEY<of said Section 3; thence westerly along the center line of Ashworth Road /County Road F-64 to the point of beginning. Beginning at the NE corner of the NWY<of Section 15,Boone Towoship,Dallas County;thence southerly along the east line of the NW Y<of said Section 15 to the SE corner of the NW Y<of said Section 15;thence westerly along the south line of the NW Y<of said Section 15 to the SE corner of the NE Y<of said Section 16;thence westerly along the south line ofthe NE Y<of said Section 16 to the NE corner of the SW Y<of said Section 16,said point also being the centerline of Wendover Road;thence southerly and westerly along the centerline of Wendover Road to the intersection with the centerline of County Road R-22; thence northerly along the centerline of County Road R-22 to a property line which is approximately 330 feet south of the northwest corner of the SEY<of the NWY.of Section 17,Boone Towoship,Dallas County,thence easterly along said property line which is parallel to the north line of the SEY.of the NWY<of said Section 17 to the west line of the NEY<of said Section 17;thence northerly along the west line of the NEY.of said Section 17 to the NW corner of the southY,of the NEY<of said Section 17;thence easterly along the north line of the southzs of the NEY.of said Section 17 to NE corner of the southz,of the NEY.of said Section 17,said point also being the NW corner of the SWY.of the NWY< of Section 16,Boone Township,Dallas County;thence easterly along the north line of the SWY<of the NWY<of said Section 16 to the SE corner of the NWY.of the NWY.of said Section 16,thence northerly along the east line of the NWY.of the NWY<of said Section 16 to a point which is 468 feet north of the SE corner of the NWY<of the NWY<of said Section 16;thence south 60°55'east 155.8 feet; thence south 65°52'east 116.0 feet;thence south 55°04'east 287.3 feet;thence south 79°21'east 195 feet;thence north 63°19'east 124.2 feet;thence south 74°09'east 348.3 feet;thence north 84°35'east 226.0 feet to the SE corner of the NEY<,of the NWY.of said Section 16;thence easterly along the south line of the north y"NE Y<of said Section 16 to the SE corner of the north y"NE Y<of said Section 16 to the NE corner of said Section 16;thence northerly along the east line of the north y"NE Y<of said Section 16,said point also being the NW corner of Section 15;thence easterly along the north line of the NWY<of said Section 15 to the point of beginning. That territory lying within an area as defined by a line beginning at a point in the center of Section 20,thence easterly along the north line of the SEY.of said Section 20 to the centerline of County Road V Place,thence southerly along the centerline of said V Place to the centerline of Booneville Road,thence southwesterly along the centerline of Booneville Road to the north line of Booneville (original towo)plat,thence southerly along the east line of Booneville Plat to the north right-of-way line of the Iowa Interstate Railroad, thence westerly along the north right-of-way line of the Iowa Interstate Railroad to the centerline of County Road R-22;thence northerly along the centerline of said County Road R-22 to the NE corner of Section 30,Boone Towoship,Dallas County;thence westerly along the north line of said Section 30 to the SW corner of Section 19,Boone Township,Dallas County;thence northerly along the west line of said Section 19 to the intersection with the south line of the north Y,of the north Y,of said Section 19;thence easterly along the south line ofthe north 12,north 12 to the intersection with the west line of the east Y2of said Section 19; thence southerly along the west line of the east half of said Section 19 to the center of said Section 19;thence easterly along the south line of the north Y,of said Section 19 to the centerline of County Road R-22;thence northerly along the centerline of County Road R-22 to the NW corner of Section 20,Boone Towoship,Dallas County;thence easterly along the north line of said Section 20 21 to the north quarter comer of said Section 20;thence south along the west line of the NE 1.of said Section 20 to the point of beginning. Area F:That territory lying within an area as defined by a line beginning at the intersection of the center line of 1-80 and the Van Meter/Boone Township line, thence southerly along the Van Meter/Boone Township line to the center line of County Road F90,thence westerly along the center line of County Road F90 to the SE comer of the SW 1.of the SW 1.of Section 26,Van Meter Township, Dallas County,thence northerly along the west line of the east Y,of the west Y, of said Section 26 to the south line of Section 23,Van Meter Township,thence north along west line of the east Y,of the west Y,of said Section 23,to the south line of Section 14,Van Meter Township,thence north along the west line of the east Y,of the west Y,of said Section 14 to the center line ofI-80,thence easterly along the center line ofl-80 to the point of beginning. 2.The Cities of Waukee and West Des Moines agree to the following terms and conditions: Area A:The City of West Des Moines shall not annex property in Area A for the term of this Agreement (10 years). During this period,the City of Waukee may use any form of annexation legally available to it under state law to annex property in Area A,without objection from the City of West Des Moines. Area B:The City of Waukee shall not annex property in Area B for the term of this Agreement (10 years). During this period,the City of West Des Moines may use any form of annexation legally available to it under state law to annex property in Area B,without objection from the City of Waukee. Area C:Both the City of West Des Moines and the City of Waukee may annex property in Area C.However,the annexing City may only annex those properties in Area C for which the annexing City has a petition signed by the property owner of record requesting voluntary annexation. Areas D and E:The City of Waukee and the City of West Des Moines shall not annex any property within Areas D or E for a period often (10)years. Area F:The City of Waukee shall not annex property in Area F for the term of this Agreement (10 years). The City of West Des Moines shall not annex territory in Area F for the term of this Agreement (10 years),with the exception of that portion of the Napa Valley West Subdivision that lies in VanMeter Township for which the City of West Des Moines has a petition signed by the property owner of record requesting voluntary annexation. 3.For purposes of this Agreement the moratorium period shall expire one day following the tenth anniversary date from the later date of approval by the West Des Moines City Councilor the Waukee City Council. 4.This Agreement is applicable to all voluntary and involuntary annexation proceedings under Iowa Code Chapter 368 C200n regarding the above-described territory that are pending at the start of the term of this Agreement as well as any voluntary or involuntary annexation proceedings that may be thereafter commenced. 5.This Agreement shall be binding upon the parties hereto,their heirs,successors and assigns,and may not be modified or terminated except by mutual agreement in writiog and signed by both parties. Unless modified or terminated by the parties as provided by this Section 5,this Agreement shall become null and void following the tenth anniversary date of the Agreement as provided in Section 3. CITY OF WAUKEE,IOWA By: Donald L.Bailey,Jr.,Mayor Attest: By: Mark Arentsen,Administrator/Clerk CITY OF WEST DES MOINES,IOWA By: 22 Eugene T.Meyer,Mayor Attest: By: Jody E.Smith,City Clerk (18)Resolution:Approving agreement with the Des Moines Water Works to design,edit and facilitate production of a monthly newsletter for Waukee.Mike Watts moved to approve.Nick Gruber second.No discussion.Roll call:Ayes:Watts,Gruber,Berger, Johnsou,Peard.Nays:None.Motion carried 5 -O. (19)Resolution:Approving the 28E agreement with Dallas County regarding provision of ambulance service for the City of Waukee.The fire department staff have met with the County to develop this agreement.Paul Huscher has reviewed it.Nick Gruber moved to approve.Bill Peard second.Roll call:Ayes:Gruber,Peard,Berger,Johnson,Watts. Nays:None.Motion carried 5 -O. 28E AGREEMENT FOR EMERGENCY MEDICAL SERVICES RESPONSE BETWEEN THE CITY OF WAUKEE.IOWA AND DALLAS COUNTY,IOWA WHEREAS,the City of Waukee,in recognition of the needs of its citizens for emergency medical services,including ambulance service staffed with certified medical personnel,and the desirability of the City meeting said need and WHEREAS,the County of Dallas County presently provides said services to the residents ofthe City of Waukee,and WHEREAS,the City of Waukee and Dallas County both recognize the growth of the City of Waukee and the increasing capability of the City to meet said needs of its citizens,and WHEREAS,the City of Waukee and Dallas County both recognize that the City of Waukee is best situated to meet the needs of its citizens, BE IT RESOL YED,that the City of Waukee,(hereafter referred to as "City")and the Dallas County, Iowa (hereafter referred to as "County")hereby agree that provision of emergency medical services within the City is,under the law,a matter for the City,and BE IT FURTHER RESOL YED,that the City will operate an emergency response service for residents of the City in lieu ofthe emergency response service here-to-fore provided by the County,and BE IT FURTHER RESOL YED,that in the furtherance of efficient use of powers of governmental entities as provided in Chapter 28E of the Code ofIowa,2001,the City and County enter into the following agreement regarding continued emergency medical services: 1.Definitions A.Parties.The City of Waukee,Iowa (City)and the County of Dallas County,Iowa (County) are the Parties referred to herein. E.Emergency Medical Service C.Assisted Party.The Party requesting assistance.Within the City of Waukee,the City of Waukee is the Assisted Party.Outside the City of Waukee,Dallas County is the Assisted Party. D.Assisting Party.The Party providing assistance at the request of the Assisted Party,or pursuant to this Agreement.Within the City of Waukee,Dallas County is the Assisting Party. Outside the City of Waukee,the City is the Assisting Party. E.Primary Care Giver.An employee or volunteer of a Party,who,by nature of the duties undertaken in response to for the particular request for service,is the individual who will provide primary patient care.Normally,an emergency medical response team is staffed by two persons:a driver responsible for driving the ambulance and assisting with patient care, and the primary care giver,providing primary patient care. F.E-911 System.An emergency communications system as defined in Chapter 34A of the Iowa Code. II.Duration.This Agreement shall remain in full force and effect for an indefinite period of time from the effective date until terminated as provided in paragraph VI. III.No separate Legal Organization Created.This agreement does not create a separate legal organization. 23 IV.Purpose.The purpose of this agreement is to establish an organizational approach for ensuring that the residents of the City of Waukee receive emergency medical services,and therein to dedicate cooperation between the City now providing such service and the County to provide such service in an efficient manner to enhance the service rendered to citizens served within the City and in the county. V.Financiug and Budget. A.No separate financing or budget is created to effect this agreement. B.Each party shall be responsible for fmancing its own contributions under this agreement. C.Each party shall be responsible for billing and collecting its own costs from third parties that may arise under this agreement.Nothing in this Agreement shall prevent or limit either Party to this Agreement from recovering or attempting to recover the costs of services rendered to a third party where such recovery of costs is provided for by law. D.The Party transporting a patient from an emergency location to a medical facility will be responsible for billing the patient for all services rendered pursnant to this Agreement.If the Assisting party provides services of a higher level of medical services than the Assisted Party, such as paramedic services,the Assisted Party shall bill the patient for the supplemental services pursuant to accepted billing standards,and shall reimburse the Assisting party an amount equal to sixty percent (60%of monies collected.) VI.Termination of Agreement.This Agreement my be terminated for any reason by either Party giving writren notice by certified mail.This agreement shall thereafter terminate sixty (60)days from the date of the receipt of the termination notice.Upon termination,each Party shall have no further responsibility or obligation under this Agreement VII.Amendment.This Agreement represents the entire agreement of the Parties.Any amendment hereto must be in writing as approved by the governing body of both parties,executed by the authorized representatives thereto,and duly filed and recorded. VIII.Effective Date.This Agreement shall be in full force and effect upon the approval of the governing body of each,and upon filing and recording as herein set forth. IX.Administration. A.Board.A joint board is established for the administration of this agreement.The board shall consist of one representative of each public agency that is party to the agreement. B.Representative for the City of Waukee.The board member for the City of Waukee is the Fire Chief of the City of Waukee Fire Department,Alternatively,if the City designates a director of Emergency Medical Services,such director shall be the board member,upon such appointroent. The address for contacting the board member is,Waukee Fire Department,1300 L.A.Grant Parkway,Waukee,Iowa,50263. C.Representative for the County of Dallas County.The board member representing the county of Dallas County shall be the Director or Acting Director of the Dallas County Emergency Medical Service (DCEMS),Dallas County Ambulance Service,512 Tenth Street,Perry,Iowa, 50220. D.Correspondence and notifications.Correspondence and notifications,including notification of termination of this agreement shall be addressed to the above specified members,at the addresses given. X.Acquisition,Holding and Disposition of Property.Neither party nor any entity shall acquire,hold, or dispose of property under this agreement. XI.Filing and Recording.Before entry into force,this Agreement shall be filed with the Secretary of the State ofIowa,and recorded with the county Recorder of Dallas County,Iowa. XII.Validity.In the event that any part or paragraph of this Agreement is declared as being contrary to Iowa law,the remaining portions ofthis Agreement that are not declared void shall continue in full force and effect. XIII.Operations.The City is the primary provider of Emergency Medical Services within the City limits of the City of Waukee,through the services of the Waukee Fire Rescue. A.Between the hours of7:30a.m.(0730)to 4:30 p.m.(1630)Waukee Fire Rescue will respond to requests for Emergency Medical Services occurring within or on the City limits,as requested through the E-9ll system.Upon radio broadcast of such occurrence by the E-9ll system,both the DCEMS and Waukee Fire Rescue shall proceed.The primary care giver of the Waukee Fire Rescue will determine whether the Waukee Fire Rescue has resources available to adequately 24 render aid,and thereupon may so inform the responding DCEMS unites).Upon snch notification, the DCEMS unites)will terminate their response.If the responding Waukee Fire Rescue primary care giver does not communicate to the responding DCEMS unites),such units will continue to respond and provide necessary care,until such time as the responding Waukee fire Rescue unit primary care giver communicates with the responding DCEMS unites)that they may terminate response. B.Between the hours of 4:30 p.rn.(1630)to 7:30 a.m.(0730),Waukee Fire Rescue does not anticipate having any unit available to respond,and pursuant to this 28E agreement,the DCEMS will respond. XIV.Liability. A.Employees or volunteers of either party acting pursuant to this Agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment or volunteer statos with such Party.Under no circumstances are employees or volunteers of one party considered as employees or volunteers of the other party. B.Each Party waives all claims against the other Party for compensation for any property loss or damage and/or personal injury or death to its personnel as a consequence of the performance of this Agreement.Each party shall bear the liability and/or costs of damage to its own equipment and facilities,and each party shall bear the compensation of its own employees or volunteers,including damages for injury or death of its own personnel occurring as a consequence of the performance of this Agreement,wherever the locus of such loss. c.Each party shall be responsible for the acts or omissions of its own employees.The Parties shall each maintain adequate liability insurance regarding the acts and omissions of its own officers and employees.The city shall indemnify and hold harmless County and its officers and employees from any liability arising from the acts or omissions of the City,its Officers or employees in providing or failing to provide adequate emergency medical services.The county shall indemnify and hold harmless the City and its officers and employees for acts of County employees operating under this agreement. CITY OF WAUKEE COUNTY OF DALLAS COUNTY Donald L.Bailey,Jr. Mayor of the City of Waukee ATTEST: Marvin Shirley,Chair Dallas County Board of Supervisors Carolyn Bayeur Dallas County Auditor ABSENT Mark J.Arentsen City Administrator ROLLCALL AYES Nicholas Gruber X Marvin Berger X Mike Watts X BillPeard X Wayne J obnson X (20)Motion:Setting November 5,2001 as the date for a public hearing on an Ordinance to amend Chapter 500,Section 502.2,Waukee Municipal Code to prohibit parking on the east side of Brentwood Drive by adding Brentwood Drive to the list of north-south streets on which parking is prohibited on the east side.Public notice for this ordinance change will be published October 18.Letters will be mailed to affected property owners. Motion to approve moved by Mike Watts.Wayne Johnson second.Roll call:Ayes: Watts,Johnson,Berger,Gruber,Peard.Nays:None.Motion carried 5 -O. (21)Motion:Setting November 5,2001 as the datefor a public hearing on rezoning a lot located at 215 Ashworth Drive.Discussion as to which property and type of development occurred.Review of comprehensive plan and comparing the project prior to the meeting NAYS 25 would be helpful.Nick Gruber moved to set November 5th as the public hearing date on this issue.Mike Watts second.Roll call:Ayes:Gruber,Watts,Peard,Johnson,Berger. Nays:None.Motion carried 5 -O. (22)Motion:Setting November 5,2001 as the date for a public hearing on rezoning a lot located at 265 Ashworth Drive.Intent of the developer was discussed.According to Dennis Dowell the developers meet all the requirements for the size ofthe lot and what they want to do.Wayne Johnson moved to approve November 5th as the hearing date for this issue.Bill Peard second.Roll call:Ayes:Johnson,Peard,Gruber,Berger,Watts. Nays:None.Motion carried 5 -O. (23)Motion:Setting November 19,2001 as the date for a public hearing on changing the name of Third Street,Locust Street,and Windfield Parkway to one common name, Windfield Parkway,and changing the numbering to reflect the existing Waukee numbering system.Limited discussion.Mike Watts moved to approve.Nick Gruber second.Roll call:Ayes:Watts,Gruber,Peard,Johnson,Berger.Nays:None.Motion carried 5 -O. (24)Resolution:Approving the provision of Accidental Death &Dismemberment insurance for the fire department.Discussion of the rates and type of benefits.Nick Gruber moved to approve.Mike Watts second.Roll call:Ayes:Gruber,Watts,Peard, Johnson,Berger.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-190 APPROVING PROVISION OF ACCIDENTAL DEATH &DISMEMBERMENT INSURANCE FOR FIRE DEPARTMENT VOLUNTEERS IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the Iowa League of Cities is sponsoring an accidental death and dismemberment insurance option for members of volunteer fire departments AND, WHEREAS,this insurance covers the firefighter and histher family with 24-hour coverage and pays over and above other insurance,including workers'compensation AND, WHEREAS,the insurance would be a benefit to volunteer firefighters who are underpaid AND, WHEREAS,the rate at $14 per person or $20 per family per year is a very nominal expense to the City, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15TH day of October 2001 that it hereby approves Providing Accidental Death &Dismemberment Insurance for Fire Department Volunteers. 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 (25)Resolntion:Approving Change Order #3 on 2001 Sidewalk Improvements,Phase I Additional cost:$55.00.Marvin Berger moved to approve.Mike Watts second.Roll call:Ayes:Berger,Watts,Peard,Gruber,Johnson.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-191 APPROVING CHANGE ORDER #3 ON 2001 SIDEWALK IMPROVEMENTS,PHASE I IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,IOWA WHEREAS,the City of Waukee awarded the contract for the 2001 Sidewalk Improvements Phase I to Marker Services,Inc.AND, 26 WHEREAS,the City of Waukee expected Marker Services,Inc.to install sidewalks in an area previously without sidewalks AND, WHEREAS,part of that project was to align the new sidewalk going in on the south side of Bel Aire Drive with the existing sidewalk coming from the Middle School AND, WHEREAS,completion of that task necessitated a change in existing plans AND, WHEREAS,Marker Services,Inc.has submitted a change order for such plans AND, WHEREAS,City Staff and Veenstra &Kimm have found the proposal to be reasonable; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve Change Order No.3 in the amount of$55.00 to Marker Services,Inc.on this 15th day of October 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 (26)Resolution:Approving Change Order #4 on 2001 Sidewalk Improvements,Phase I Additional cost:$160.00.Marvin Berger moved to approve.Mike Watts second.Roll call:Ayes:Berger,Watts,Gruber,Peard,Johnson.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-192 APPROVING CHANGE ORDER #4 ON 2001 SIDEWALK IMPROVEMENTS,PHASE I IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee awarded the contract for the 2001 Sidewalk Improvements Phase I to Marker Services,Inc.AND, WHEREAS,the City of Waukee expected Marker Services,Inc.to install sidewalks in an area previously without sidewalks AND, WHEREAS,the City of Waukee at its regularly scheduled council meeting,July 2,2001,held a public hearing on the resolution of necessity for the 200 I Sidewalk Improvement Project AND, WHEREAS,the City of Waukee agreed to modify existing plans or provide an additional sidewalk for property owners present at the meeting and to provide similar sidewalks for other owners of comer lots in or near the project area,ifrequested AND, WHEREAS,Marker Services,Inc.has submitted a proposal for the changing of the disabled ramp at 180 Bel Aire Drive AND, WHEREAS,City Staff and Veenstra &Kimm have found the proposal to be reasonable; NOW,THEREFORE BE IT RESOLVED,that the City Council of Waukee,Iowa do hereby approve Change Order No.4 in the amount of $160.00 to Marker Services,Inc.on this 15th day of October 200 I. 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 BillPeard X Mike Watts X Wayne Johnson X (27)Resolution:Approving Change Order #1 on Fourth Street cul-de-sac.Limited discussion.Bill Peard Moved to approve.Nick Gruber second.Roll call:Ayes:Peard, Gruber,Berger,Johnson,Watts.Nays:None.Motion carried 5 -O. THE CITY OF WAUKEE,IOWA RESOLUTION 01-193 APPROVING CHANGE ORDER #1 ON FOURTH STREET CUL-DE-SAC 27 WHEREAS,the 4th Street Park cul-de-sac was no.J on the list of capital improvements AND, WHEREAS,the 4th Street Park cul-de-sac project was started on August 21,2001 AND, WHEREAS,in the process of completing this project,an intake to the storm sewer had to be relocated because gas main and fiber optics running through the area were not shown on the plan,AND WHEREAS,Ea11h Movers Inc,has submitted a change order in the amount of $946,00 to relocate the intake and StOlTIl sewer grade,AND, WHEREAS,City staff and V &K have reviewed and approved the change order, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15TH day of October 2001 that it hereby approves Change Order #1 for the Fourth Street cul-de-sac. Donald L.Bailey,Jr.,Mayor Attest: Mark 1.Arentsen,City Administrator/Clerk ROLLCALL VOTE AYE NAY ABSENT Nicholas C.Gruber X Marvin Berger X Bill Peard X Mike Watts X Wayne Johnson X REPORTS: City Administrator,MarkArentsen:Discussion of the contract negotiations.Need to have Council input on those things,which are still on the table to be resolved.Mayor requested a report on the issues remaining to be discussed. Director of Community Development,Jody Gunderson:will be completing the applications for MPO funding for the approved projects.There is some confusion as to why certain projects have been ok'd for further review when others haven't.Mary White asked about timetable,reviewing officers of the MFO applications. Public Works Director,John Gibson:working on projects,which need to be completed before winter and getting prepared for winter.University should be open the middle of the week. City Attorney,Paul Huscher:Received the historical book of Monticello titled Monticello 1836 to 1986 from Joshua Smith to be presented to the Senior Citizen group that meets at the Community Center.A thank-you letter should be sent to Josh. Wayne Johnson,Park Board:Getting ready for the Wauktoberfest on the zo".Will be starting around 4 or 4:30 with the parade.Should be fun.At the last Park Board Meeting a large group of younger softball enthusiasts were present to discuss the issue of softball diamonds.Their concern arises because the land currently being used by this group will eventually be used for cemetery expansion.Neighborhood parks will not be turned into "league"ball parks. Bill Peard,Chamber of Commerce:The Chamber of Commerce will sponsor a candidate forurn for City Council candidates this coming Thursday evening. Mike Watts,Utility and Development Committees:Discussed the water and sewer rates at the last meeting.Future meetings will discuss rate changes,if any.Gas purchase prices were discussed. Marvin Berger,Planning and Zoning:nothing from P&Z.Public hearing tomorrow evening for the Board of Adjustment. 28 Adjournment:At this time Mayor asked for motion to adjourn.Nick Gruber moved. Wayne Johnson second,Ayes:all.Nays:None.Motion carried 5-0. Meeting Adjourned at 9:24 PM. 29 ~/u~1 TIYcmaldL.Bailey,Jr.,MayS;: