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Home My WebLink About1985-09-10-Regular Minutes16 September 3---cont Payment of fire department radios and installation was discussed. Moved by Gruber,second by Barrett,to approve expenditure of no more than $2950.00 for the fire department radios and installation. Carried 5 to O. Walt Hinkson reported that the Department of Water,Air &"Haste Management could not do anything with the fiberglass debris on the private property on Highway 6. Moved by Gruber,second by Barrett,to adjourn at 8:35 p.m. Carried 5 toO. September 10,1985 The regular meeting of the Waukee City Council was called to order on September 10,1985 at 7:30 p.m.by Mayor Gordon Christianson. A roll call was taken and all Councilmen were present. Guests and staff at this meeting were:Roger Buffington"Ann Ford,Brian Re dsh aw ,Howard Hilson,Harry Russell,Beth Dalbey, Paul Huscher,Frank Hoifeldt,Nick Gruber,Dick Applegate,Ray Clark,James Ash,and Don Henson. Moved by Rees,second by Stork,to approve the minutes of August 13 and September 3,1985.Carried 5 to O. The Mayor commended James Ash and Norman Brott for the spraying of marijuana plans within the City limits and the maintenance crew for work done on their own on the playground structure at the Middle School. Moved by Gruber,second by Hinkson,to approve the Treasurer's report.Carried 5 toO. Moved by Rees,second by Barrett,to approve the bill presentation as follows: A T &T Info Systems Adel Auto Supply Adel TV &Appliance Baer Ag Supply Bates &Associates Blue Cross/Blue Shield Brown Supply Co.,Inc. Business Communications C S I Dallas County News Des Moines Chrysler Dixie USA,Inc. Energy Economics,Inc. Farmer's Co-op Grasso's Ind.lvelding Hallett Construction Iowa Paint Iowa Power Iowa State Industries John's Auto Service Harry N Jones K-L Auto Parts,Inc. Law Enforcement Equip Majona Corp Midwest Office Tech Northwestern Bell 8-10 to 9-9-85 PD gas caps FS air condo 1 gal.Roundup drive~in anodes 9-1 to 10-1-85 outside readers PD radio repair ribbons,assistance 8-85 publications P-3 repair FR supplies gas meters 8-31 statement gas we Ld i.ng 18.75 T sand street paint 7-18 to 8-19-85 street signs FR towing emergency phone oil filters vinyl screen 3/4"steel rd. 8-31-85 to 8-30-85 8-10 to 9-9-85 $56.38 31.37 28.70 89.07 41.99 1401.32 165.00 118.80 321.49 264.21 820.32 173.07 2311.75 1052.37 574.50 39.38 407.90 5108.75 216.82 25.00 14.68 40.68 135:-92 17.00 526.39 311.80 - September 10,1985---cont Olson Bros Pitney Bowes Plumb Supply Qui 11('Corp. R &R Welding Supply Brian J.Redshaw Smeal Fire Equipment Snyder &Associates Target Lighting Utility Consultants Waukee Hardware Waukee I'iunicipalGas Westpointe Car Wash Champion/Wheeler Div. August statement 10-1 to 12-31 rent gas welding supplies office supplies S oxygen gasoline,oil FD/FR 8-1 to 8-31-85 8'fluorescent August 85 testing August 85 statement 7-18 to 8-19-85 PD washes park bridge TOTAL Carried 5 to O. $193.35 54.00 35.77 42.52 11.74 19.50 178.02 1166.25 189.60 169.00 295.56 50.11 36.75 354.04 $17.090.87 The M-l property purchase was removed from the agenda since the property has been purchased by Mark Broderick. Councilman Barrett introduced an Ordinance entitled:Ordinance #2054-- AN ORDINANCE AMENDING CHAPTER 402,WAUKEE,~illNICIPALCODE,BY AMENDING THE DEFINITION OF "JUNK MOTOR VEHICLE OR JUNK MACHINERY" TO INCLUDE ANY MOTOR VEHICLE WHICH IS LACKING AN ENGINE OR ANY OTHER STRUCTURAL PART "lffiICHRENDERS SAID VEHICLE TOTALLY INOPER- ABLE:BY PROVIDING THAT THE MERE LICENSING OF AN INOPERABLE SHALL NOT CONSTITUTE A DEFENSE TO THE FINDING THAT THE VEHICLE IS A "JUNK MOTOR VEHICLE":AND BY DEFINING AND PROHIBITING THE STORAGE OF "JUNK"WITHIN THE CITY LIMITS OF WAUKEE. It was moved by Councilman Stork,and second~dby Councilman Barrett, that the Ordinance entitled:Ordinance {f2054--nAN ORDINANCE AMENDING CHAPTER 402,WAUKEE,MUNICIPAL CODE,BY AMENDING THE DEFINATION OF "JUNK MOTOR VEHICLE OR JUNK ~1ACHINERY"TO INCLUDE ANY MOTOR VEHICLE WHICH IS LACKING AN ENGINE OR ANY OTHER STRUCTURAL PART WHICH RENDERS SAID VEHICLE TOTALLY INOPERABLE;BY PROVIDING THAT THE MERE LICENSING OF AN INOPERABLE SHALL NOT CONSTITUTE A DEFENSE TO THE FINDING THAT THE VEHICLE IS A "JUNK MOTOR VEHICLE";AND BY DEFINING AND PROHIBIT- ING THE SOTRAGE OF "JUNK"WITHIN THE CITY LIMITS OF WAUKEE"be now read by the City Clerk.The Mayor put the question on the motion, and the roll being called,the following named Councilmen voted: Ayes:Gruber,Hinkson,Barrett,Stork Nays;Rees Whereupon',the Mayor declared the motion duly carried. ORDINANCE NO.2054 AN ORDINANCE AMENDING CHAPTER 402,WAUKEE,MUNICIPAL CODE,BY AMENDING THE DEFINITION OF "JUNK MOTOR VEHICLE OR JUNK MACHINERY" TO INCLUDE ANY MOTOR VEHICLE WHICH IS LACKING AN ENGINE OR ANY OTHER STRUCTURE PART \~IICH RENDERS SAID VEHICLE TOTALLY INOPERABLE; BY PROVIDING THAT THE MERE LICENSING OF AN INOPERABLE SHALL NOT CONSTITUTE A DEFENSE TO THE FINDING THAT THE VEHICLE IS A "JUNK ~lOTOR VEHICLE";AND BY DEFINING AND PROHIBITING THE STORAGE OF "JUNK" WITHIN THE CITY LIMITS OF WAUKEE. BE IT ORDAINED by the Council of the City of Waukee: Section 402.2B Waukee ~1unicipal Code,is hereby amended said subparagraph and inserting in lieu thereof theSectionl. by deleting following: 402.2.B.The term "Junk motor vehicle or junk machinery or junk"shall mean any motor vehicle,scrap metals,scrap materials, dismanteled or partially dismantled machinery,dismanteled or part- ially motor vehicles,other vehicles,or appliannes stored within the corporate limits of Waukee,Iowa,including,but'not limited to the following: (1)Any vehicle with a broken or cracked windshield, window,headlight or tail light,or any other 18 September 10,1985---cont or broken glass. (2)Any vehicle with a broken or loose fender,door, bumper,hood,hood ornament,door handle,window handle,running board,steering wheel,trunk top. trunk handle,radio aerial,tail pipe,or decorative piece. (3)Any vehicle which has become the habitant of rats, mice,snakes,or any other vermin or insects. (4)Any vehicle which contains gasoline or any other flammable fuel. (5)Any other vehicle which,because of its defective or obsolete condition,in any other way constitutes a threat to the public health and safety. (6)Any motor vehicle which is lacking an engine or any other structural part which renders said vehicle totally inoperable. (7)Mere licensing of an inoperable vehicle shall not constitute a defense to finding that the vehicle is "Junk". and Section '+02.19 is hereby amended by substituting therefore the following: 402.9 Junk Motor Vehicles or Junk Machinery or Junk,a Nuesance.It is hereby declared that storage within the corporate limits or a junk motor vehicle or junk machinery or junk upon private property owned or controlled by the owner of the vehicle or machinery or junk,unless excepted by 402.13 of this ordinance, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of 657.1 of the Code of Iowa. If any junk motor vehicle or machinery is stored upon private property in violation thereof,the owner of said junk motor vehicle, junk machinery or junk,or the person in control of the property upon which it is stored,shall be liable for said violation. Section 2.Effective Date.This ordinance shall be in effect after its final passage,approval,and publication as required by law. It was moved by Councilman Barrett,and seconded by Councilman Gruber,that the rule that an ordinance must be received and filed at two meetings prior to the meeting when final action is taken or,if published in summary,be received and filed at one meeting prior to the meeting of final action,be dispensed with.The Mayor put the question on the motion,and the roll being passed the folloiwng named Councilmen voted: Ayes: Nays: Gruber,Hinkson,Barrett,Stork Rees Whereupon,the Mayor declared the motion duly carried. It was moved by Councilman Barrett,and seconded by Councilman Stork,that the Ordinance entitled:Ordinance j,!2054--"AN ORDINANCE MlliNDING CHAPTER 402,WAUKEE,MUNICIPAL CODE,BY AMENDING THE DEFINITION OF "JUNK MOTOR VEHICLE OR JUNK MACHINERY"TO INCLUDE ANY MOTOR VEHICLE WHICH IS LACKING AN ENGINE OR ANY OTHER STRUCT- URAL PART WHICH RENDERS SAID VEHICLE TOTALLY INOPERABLE;BY PRO- VIDING THAT THE MERE LICENSING OF AN INOPERABLE SHALL BE CONSTI- TUTE A DEFENSE TO THE FINDING THAT THE VEHICLE IS A "JUNK MOTOR VEHICLE;AND BY DEFINING AND PROHIBITING THE STORAGE OF "JUNK" WITHIN THE CITY LUUTS OF WAUKEE"be now put upon its final passage and adoption.The Mayor put the question on the final passage and adoption of said Ordinance,and the roll being called, the following named Councilmen voted: Ayes: Nays; Barrett,Hinkson Stork,Rees,Gruber ·,;:.-=c...:...:...-'_:....;....:::..:;....-'.:.....;=_,c'_,·._•.........:.~_'-'.-'-_ September 10,1985---cont lJ 19 Whereupon,the Hayor declared said Ordinance duly failed. Councilman Rees introduced an Ordinance entitled:Ordinance #2954-- AN ORDINANCE REQUIRING ABUTTING PROPERTY O,nlERS TO HAINTAIN SIDE- WALK AND P ARKINGS '.'• It was moved by Councilman Gruber,and seconded by Councilman Hinkson,that the Ordinance entitled:"Ordinance It2054--AN ORDINANCE REQUIRING ABUTTING PROPERTY OWNERS TO HAINTAIN SIDEWALK AND PARKINGS "be now read by the City Clerk.The Mayor put the question on the motion,and the roll being called,the following named Councilmen voted: Ayes: Nays: Gruber,Hinkson,Barrett,Rees,Stork None -recorded Whereupon,the Mayor declared the motion duly carried. ORDINANCE NO.2054 AN ORDINANCE REQUIRING ABUTTING PROPERTY OWNERS TO HAINTAIN SIDEWALK AND PARKINGS. BE IT ORDAINED by the Council of the City of Waukee: Section 1.THERE SHALL BE ADDED.TO THE WAUKEE MUNICIPAL CODE,CHAPTER.218 AS FOLLOWS: Section 2.Abutting Property Owner To Haintain Sidewalks and Parkings.The abutting property owner shall maintain side- walks,parkings and all other property outside and lot and prop- erty lines and inside the curb lines upon the public streets except that the property owner need not remove diseased trees ar dead wood on the publicly owned property right-of-way. Section 3.Snow and Ice Removal from Sidewalks. A.Duty of Property Owner.It is the responsibility of the abutting property owner to promptly remove' snow,ice,and accumulations from the.sidewalks. B.Failure of Owner to Remove.Any owner who shall,for a period of ten (10)daylight hours afier.the cessation of the storm or cause of accumulation,permit snow,ice, or accumulations to remain upon the adjoining and abutting sidewalks,is guilty of a misdemeanor. C.Removal by City;Assessing Costs.Should snow,ice, or accumulations be permitted to remain upon any sidewalk for a period of ten (10)daylight hours after the cessation of the storm or cause of accumulation, the city manager may,after affording reasonable notice cause the same to be removed and the actual cost of the removal assessed against the property as herein provided. Section 4.Severability.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 hereof not adjudged invalid or unconstitutional. Section 5. effect after its required by law. Effective Date.This ordinance shall be in final passage,approval,and publication as It was moved by Councilman Rees,and seconded by Councilman Hinkson, that the rule that an ordinance must be received and filed at two meetings prior to the meeting when final action is taken or,if published in surrnnary,be received and filed at one meeting prior to the meeting of final action,be dispensed with.The Mayor put the question on the motion,and the roll being passed,the follow- ing named councilmen voted: Ayes: Nays: Stork,Rees,Barrett,Hinkson,Gruber None recorded 20 September 10,1985---cont Whereupon,the Mayor declared the motion duly carried. It was moved by Councilman Rees,and seconded by Councilman Barrett, that the Ordinance entitled:drdinance l,!2054--"AN ORDINANCE REQUIR- IN ABUTTING PROPERTY OHNERS TO MAINTAIN SIDEWALKS AND PARKINGS" be now put upon its final passage and adoption.The Mayor put the question on the final passage and adoption of said Ordinance, and the roll being called,the following named Councilmen voted: Ayes: Nays: Gruber,Hinkson,Barrett,Rees Stork Whereupon,the Mayor declared said Ordinance duly adopted and passed,and signed his approval to said Ordinance. Councilman Gruber introduced an Ordinance entitled:Ordinance 1f2055--"AN ORDINANCE PROHIBITING ENCROACHMENTS.AND OBSTRUCTIONS HITHOUT A PERMIT". It was moved by Councilman Stork,and seconded by Councilman Barrett,that the Ordinance entitled:Ordinance l,!2055--"AN ORDINANCE PEOHIBITING ENCROACHMENTS AND OBSTRUCTIONS HITHOUT A PERMIT"be now read by the City Clerk.The Mayor put the question on the motion,and the roll being called,the following named Councilmen voted: Ayes: Nays: Stork,Rees,Barrett,Hinkson,Gruber None recorded Whereupon,the Mayor declared the motion duly carried . ...QRbINANCE NO •.2055...._/ AN ORDINANCE PROHIBITING ENCROACHMENTS AND OBSTRUCTIONS HITHOUT A PERMIT BE IT ORDAINED by the Council of the City of Haukee: Section 1.THERE SHALL BE ADDED TO THE HAUKEE MUNICIPAL CODE,CHAPTER 219 AS FOLLOHS:. Section 2.Encroachments and Obstructions. A.Encroachmants and Obstructions Unlawful.It is unlawful for any person to place any building or other materials,or to erect barriCades or any other obstructions within the limits of streets, alleys or sidewalks in the city without first ob- taining a permit therefor. B.Permit Required.No person shall create,construct, use or maintain any encroachment or obstruction upon, over or under the surface of any street,alley or sidewalk in the city without first obtaining a permit therefor from the city council of Haukee. C.Application.Application for a permit to create, construct,use or maintain any encroachment or obstruction within the limits of any street,alley or sidewalk shall be made in writing to the city council and accompanied with a complete plan in detail of the proposed encroachment. D.Approval,Surety Bond.The city council may,after investigation,approve,modify or reject the applica- tion.They may require as a condition precedent to the issuance of a permit by the city clerk that the property owner enter into a contract with the city and furnish the corporate surety bond in an amount fixed by the city council,conditioned to hold the city harmless from any damages or expense of any nature sustained by the city or any person or persons by reason of the encroachment or obstruction for which the permit is issued. 21 September 10,1985 E.Issuance of Permit;Records.Upon approval of an application for such permit the city clerk shall, upon filing of a bond,if required,collect the payment of a fee of twenty-five dollars ($25.00) and issue the permit and retain a record thereof. The permit as issued shall set forth in detail any requirements imposed by the city council in grant- ing the permit. F.Revocation.The city council may at any time revoke any permit issued under and by virtue of the terms of this chap ter • G.Inspection Fee.The city council may require the payment of an inspection fee for the purpose of covering any costs of making inspection of the site 'i or the proposed encroachment or obstruction.Failure to pay the fee when due shall operate as a cancellation of the permit. Section 3.Severability.If any section,p rov Ls'Lon or part os this ordinance shall be adjudged invalid or unconsti- tutional,such adjudication shall .not affect the validity of the ordinance as a whole or any section,provision or part hereof not adjudged invalid or unconstitutional. Section 4.Effective Date.This ordinance shall be in effect after its final passage,approval,and publication as required by law. It was moved by Councilman Stork,and seconded by Councilman Barrett,that the rule that an ordinance must be received and filed at two meetings prior to the meeting when final action is taken or,if published in summary,be received and filed at one meeting prior to the meeting of final action,be dis- pensed with.The Mayor put the question on the motion,and the roll being passed,the following named Councilmen voted: Ayes:Gruber,Hinkson,Barrett,Stork Nays:None recorded Absent:Rees Whereupon,the Mayor declared the motion duly carried. It was moved by Councilman Gruber,and seconded by Councilman Hinkson,that the Ordinance entitled:Ordinance jf2055--"AN ORDINANCE PROHIBITING ENCROACHMENTS AND OBSTRUCTIONS WITHOUT A PERMIT"be now put upon its final passage and adoption.The Mayor put the question on the final passage and adoption of said Ordinance,and the roll being called,the following named Councilmen voted: Ayes: Nays: Stork,Rees,Barrett,Hinkson,Gruber None recorded Whereupon,the Mayor declared said Ordinance duly adopted and passed,and signe~his approval to said Ordinance. Adoption of State plumbing and building codes was discussed.Paul Huscher will draw up an ordinance for presentation at the next meeting. Hiring of an inspector to enforce the building code and plumbing codes was discussed.No action was taken. The Council did not go into closed session as had been indicated on the agenda. The sidewalk repair list was discussed. the engineer or unbiased inspector look action was taken on this item. Hinkson suggested having at the sidewalks.No 22 September 10,1985 Moved by Gruber,second by Hinkson,to change the Planning & Zoning Commission terms from 5 years to 3 years.Carried 5 to O. Since the Public Safety Committee had not met,the item on 'c' time ann overtime was not taken up. The Mayor announced his veto of the Council's vote to remove free water for City employees. Moved by Stork,second by Rees,to override the Mayor's veto. Carried 5 toO. Moved by Gruber,second by Stork,to grant authority to Waukee School to close Locust St.in front of the Middle School during school houTs.Carried 5 toO. Moved by Gruber,second by Hinkson,to adopt the FY 84-85 Road Use Financial Report.Carried 5 to O. Moved by Barrett,second by Gruber,to adopt FY 84-85 Project Status.Carried 5 to O. Moved by Rees,second by Hinkson,to approve change order iFl for Fort Dodge Asphalt.Carried 5 to O. Moved by Gruber,second by Barrett,to approve pay estimate iFl in the amount of $10,976.06 to Fort Dodge Asphalt.Carried 5 to O. Moved by Stork,second by Hinkson,to accept project as per engineer's recommendation.Carried 5 toO. Moved by Hinkson,second by Barrett,to approve pay estimateiflinamountof$7695.00 to Temple Consturction.Carried 5 to o. A short discussion was held on the Garcia ruling as it pertains to the Fire Department.Paul Huscher advised that the ruling does not apply to our Fire Department since it is a volunteer department and is not paid on a per call basis. Water and sewer hookup fee schedule was discussed.The following fee schedule was suggested: Water hookup fee-----$50.00 +meter cost Sewer hookup fee-----$lOO.OO for 1 family dwellinf,+$50.00 each for additional units Sewer hookup fee-----$200.00 for commercial Paul Huscher is to draw up an ordinance amendment with fee schedule to be set by resolution. Discussion on the concrete street repair on 6th Street was held.The cost estimate on this was $1369.28 for the concrete only.No action was taken at this time.The Council will look at this between now and the next meeting. Moved by Rees,second by Hinkson,to purchase chain for Ditch Witch in the approximate amount of $900.00.Carried 5 to O. Moved by Hinkson,second by Stork,to purchase a 40 X 100 plastic liner for the ice rink in the amount;of approximately $260·.00. Carried 4 to l--Rees voting No. No action was taken on the crack filling machine.The Clerk was directed to see about more bids. Walt Hinkson gave the Public Safety report. Merle Rees gave the Utilities report.Callout time for part time help was discussed and will be put on the agenda for next month. Gordon Christianson read the Hunger Walk Proclamation for the 2nd time. September 10,1985-----cont ~,23 Brian Redshaw gave the Administrator's report.He reported that the part time summer help will be terminated on September 13. Moved by Gruber,second by Barrett,to adjourn at 10:02 p.m. Carried 5 to O. Meeting adjourned. October 8,1985 The regular meeting of the Waukee City Council was called to order at 7:30 p.m.on October 8,1985 by Mayor Gordon Christianson. A roll call was held and all Councilmen were present except Hinkson. Guests and staff at this meeting were:Nick Gruber,Marc Stiles, Ben Phillips,Dave Reed,Brian Redshaw,Ann Ford,Paul Huscher, Roger Buffington,Gary Kraft,Dick Applegate,Terry Jilek,Larry Phillips,and Don Henson. Moved by Gruber,second by Stork,to expunge the motion of September 10 on approval of the August 13 minutes and correct the August 13 minutes to include Resolution No.39 as follows: RESOLUTION NO.39 RESOLUTION ACCEPT WAUKEE ESTATES PLAT (1),A SUBDIVISION OF THE CITY OF WAUKEE,DALLAS COUNTY,ImvA WHEREAS,Krohn Construction Company has presented a final Plat (1) to Waukee Planning and Zoning Commission and the Waukee Planning and Zoning Commission has approved this Plat (1)on August 7,1985 and WHEREAS,the City of \vaukee,at a regular council meeting on August 13,1985,approved final Plat (1),Waukee Estates,Waukee,Iowa, Dallas County Carried 4 to O. Moved by Stork,second by Barrett,to approve the corrected minutes of August 13 and the minutes of September 10.Carried 4 to O. Moved by Gruber,second by Stork,to approve the Treasurer's report. Carried 4 to O. Moved by Rees,second by Barrett,to approve the bill presentation as follows: AT &T CS &S AT &T Info Systems Accurate Inc. Alignment Shop Bates &Associates Blue Cross/Blue Shield Brown Supply Co.,Inc. CSI Carpenter Uniform Co Casey's General Store D C Muffler Shop Dallas County News DeCoursey Business Systems Des Moines Chrysler Ditch-Witch-Iowa,Inc. Economy Data Products 9-10 to 12-10-85 9-10 to 10-9-85 3"add tape 83 Ford repair plastic gas 10-1 to 11-1-85 repair sleeves software assistance FD jumpsuit FD gasoline P-l muffler 8-85 publications copier paper P-3 repair trencher chain 10M labels $4.82 56.38 52.20 121.80 453.02 1401.32 184.00 30.00 31.15 23.72 16.71 102.94 232.00 141.67 898.58 27.18