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HomeMy WebLinkAbout1987-05-12-Regular Minutes154 May 12,1987 The regular meeting of the Waukee City Council was called to order at 7:30 p.m.on May 12,1987 by Mayor.Gordon Christianson. A roll call was taken and the following Councilmen were present: Gruber,Tovrea,Hoifeldt and Stork.Absent:Brown. The following guests and staff were also ~resent:Roger Buffington, John Neubauer,Paul Huscher,Leigh Davis,Nick Gruber,Wendy Hansen- Wagner,.Tom Gratias,Jeannie Hoifeldt,Diane Findlay,Linda Mack, Craig Lockwood,Joe Brick,Chuck Matthias,Rick Ross,Tom Henry, Pat Wrucke,Don Henson,Dick Applegate and Brian Redshaw. Maved by Hoifeldt,second by Stork,to approve the April 14 and 27 minutes.Carried 4 to O. John Neubauer,djbja Blueberry Patch,gave a ~resentation on his garbage to steam plant. Jerry Brown arrived at 7:50 p.m. Rick Ross and ~om Gratias spoke to the Council regarding their Southfork development.Many items of concern were discussed. Moved by Brown,second by To~rea,to allow Tomrik,Inc.to put $5000.00 in a park escrow account for Southfork Plat #1 which is to be refunded upon completion of a park in Southfdrk Plat #2. Carried 3 to 2--Hoifeldt and Gruber voting No. Wendy Hansen-Wagner of the Waukee Library Board spoke to the Council regarding the proposed Library Ordinance and hiring of part-time .Library staff. Councilman Hoifeldt introduced an Ordinance entitled:"AN ORDINANCE TO PROVIDE FOR THE APPOINTI1ENT,POVJERS AND DUTIES OF A BOARD OF LIBRARY TRUSTEES". It was moved by Councilman Hoifeldt,and seconded by Councilman Stork,that the Ordinance entitled:"AN ORDINANCE TO PROVIDE FOR THE APPOINTl1ENT,POWERS AND DUTIES OF A BOARD OF LIBRARY TRUSTEES" 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,Tovrea,Brown,Hoifeldt,Stork None recorded Whereupon,the Mayor declared the motion duly carried. It was moved by Councilman Hoifeldt,and seconded by Councilman Stork,to waive the oral reading.A roll call voted was held as follows: Ayes: Nays: Gruber,Tovrea,Brown,Hoifeldt,Stork None.recorded Whereupon,the Mayor declared the motion duly carried. ORDINANCE NO.2084 AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT,POWERS AND DUTIES OF A BOARD OF.LIBRARY TRUSTEES. BE IT ENACTED by the Council of the City of Waukee: Section 1.Purpose.The purpose of this ordinance is to provide for the creation and appointment of a city library board of trustees,to confirm the establishment of a free public library for the.city,to be known as the Waukee Public Library,and to specify the powers and duties of the board of library trustees. Section 2.Librarv Trustees.The board of trustees of the Waukee Public Library,hereinafter referred to as the board,con- sists of 7 members.All board members are to be appointed by the May 12,1987---cont :155 mayor with the approval of the council. Section 3.Qualifications of Trustees.All of the members of the board shall be bone fide citizens and residents of the city of Waukee,Iowa,and all shall be over the age of eighteen (18) years. Section 4.Organization of the Board. A.Terms of office.All appointments to the board shall be for six (6)years,except to fill vacancies 0 Each term shall commence on July first.Appointments·shall be made every two (2)years of one-third of the total number as near as possible,to stagger the terms.The present incumbents are confirmed in their appointments and terms. B.Vacancies.The position of any trustee shall be vacant if he moves permanently from the city;or if he is absent without due explanation from six (6)consecutive regular meetings of the board,except in the case of sickness or if he is removed for cause by the mayor with the approval of the city council.The mayor,with approval of the council,shall fill any vacancy by appointment of a new trustee to fill the unexpired term. C.Quorum and Voting.All action by the board shall require a majority vote of the whole number of members appointed by the board.The removal of a librarian assistant,or employee,however,shall require a two-thirds vote of the board as provided in Section 4 and 5 of this ordinance. D.Compensation.Trustees shall receive no compensation for their serviceS. Section 5.Powers and Dutieso The Board shall have and exer- cise the following powers and duties: A.To meet and elect from its members a president,and a treasurer,and such other officers as it deems necessaryo B.To have charge,control and supervision of the public library,its appurtenances,fixtures and roomso c.To direct and control all of the affiars of the library. Do To employ a librarian,assistants,and other employees necessary for the proper management of·the library,and to fix their salaries. E.To remove by a two-thirds vote of the board the librarian, assistants,or employees for misdemeanor,incompetency,or inattention to duty 0 F.To select and purchase all items considered ne cess a ry for the operation of the library.... G.To authorize the use of the library by non-residents of the city and to fix charges for this privilege. H.To make and adopt.,amend,modify or repeal bylaws,rules and ·regulations for the car,use,government,and manage- ment of the library and the business of the board,and to fox and enforce penalties for violations.Copies of such by-laws,rules and regulations shall be posted in the library where they can been seen by the publico I.To exclusively the expenditure of all portions of the municipal enterprise fund .allocated for library purposes by the council,and of all money available by gift or or otherwise for the erection librar buildings,.and of all other money belonging to the library fund,including fines and rentals collected under the rules of the board. 156 May 12,1987---cont J.To make and send to the city council,or or before the fifteenth day of February in each yar,an estimate of the amount necessary for the improvement,operation, and maintenance of the library for the coming fiscal year,the amounts expended for like purposes for the two preceding years,and the amount of income expected for the next fiscal year from sources other than tax- ation, K.'To accept gifts,in the name of the library,of real property,personal property,or mixed property,and devises and bequests,including trust funds;to exec- ute deeds and bills of sale for the conveyance of such property;and to expend the funds received from such gifts for the improvements of the library, L,To enforce the performance of conditions on gifts, donations,devises,and bequests accepted by the city by action against the city council, M.To keep a record of its proceedings. Section1i.Gifts to City.All gifts,donations,devises, and bequests that may be made to the City for the purposes of establishings,increasing,or improving the library shall be administered by the Board of Library Trustees. Section~.Power to Contract for the Use of The Library. A.Contracting,The board may contract with any other city, town,school corporation,townships,county,or with the trustees of a county library district for the use of the library by their repsective residents.Such a con- tract between the board and a county shall supersede all contracts between the board and townships or school corporations outside of cities or towns in that county, All of the contracts mentioned in this subsection shall provide for the rate of tax to be levied by the other city,town,school corporation,township,county,or county librarian district. B.'Termination,Such a contract may be terminated at any time by mutual consent of the contracting parties,It may also be terminated at any time by a majority'vote of the electors represented by either of the contracting parties.Such a termination proposition shall be sub- mitted to the electors by the governing body of a contract- ing party on a written petition presented to the governing body not Le s st.t.han forth days before the election.The proposition may be submitted any election provided by law that is held in the territory o£the party who is seeking to terminate the c-ontract. ~,~~.g Nonresident Use of the Library.The board may auth- orize the use of the libraYy by in non residents anyone or more of the following ways: A.By lending the books to nonresidents on the same terms and conditions as to residents of the city,or upon pay- ment of a special nonresidnet library fee. B;By establishing depositories of library books to be loaned to nonresidents. C •.By establishing a traveling library so that books may be loaned to nonresidents. D.By establishing branch libraries for lending books to nonresidents. Section "Fund Treasurer.All money allocated by the council for the maintenance of the library shall be deposited with the city treasurer to the credit of the library fund.This money shall be kept separate from all other moneys and shall be paid out only on orders of the board,signed by its president and secretary. ___~~--O ~_~=.~..._._- May 12,1987---cont Sectionl~o Annual Report.The board shall make a report to the city council immediately after the close of the muncipal fiscal year.This report shall contain statements of the condi- tion of the library,the number of books added thereto,the number circulated,the number lost or not returned,the amount of fines collected,the amount of money expended in the maintenance of the liBrary during the year,and any further information required by the council.. Section l~.Recovery of Library Books.If any book or other property of the library is retained by any person beyond the period provided by the rules and regulations of the board and is not return- ed'upon request of the librarian,the mayor,upon the written request of the board,may issued an order to the chief of police to obtain such book or other property arid to collect any fine set by the board for such retention or for damage to the book or property. This order shall be sufficient authority for any policeman to take lawful possession of the book or the property,collect the fine, and return the book or property and the fine to the librarian. Section l~.Injury to Library Property.Any person who willfully,maliciously,or'wantonly tears,defaces,mutilates, injures,or destroys,in whole or in part,any newspaper,period- ical,book,map,pamphlet,chart,picture,or other property be- loriging to the library shall be deemed guilty of a misdemeanor and shall be fined not mote than one hundred dollars,or imprisoned not more than thirty days. Section U. in'conflict with These are: Repealero All ordinances or parts of ordinances the provisions of this ordinance are hereby repealed. Section I$'.Saving C'Lause ,If any section,p ro vi.si.on or part of tht~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 not adjudged invalid or unconstitutional. Section 1.5"0 Effective.Date. after its final passage,approval, law. This ordinance shall be in effect or publication as required by Passed by the Council the 12th day of May,1987,and Approved this 12th day of May,1987. It'was moved by Councilman Hoifeldt,and seconded by Councilman Stork,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 ac:tion,be dispensed with.The Mayor put the question on the motion,and the roll being passed,the follbwing named councilmen voted: Ayes: Nays; Stork,Hoifeldt,Brown,Tovrea,Gruber None recorded Whereupon,the Mayor declared the motion duly carried. It'was moved by Councilman Stork,and seconded by Councilman Hoifeldt, that the Ordinance entitled:"AN ORDINANCE TO PROVIDE FOR THE APPOINT- MENT,POWERS AND DUTIES OF A BOARD OF LIBRARY TRUSTEES"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: Brown,Gruber,Hoifeldt,Stork,Tovrea None recorded Whereupon,the Mayor declared said Ordinance duly adopted and passed, and signed his approval to said Ordinanceo Moved by Stork,second by Tovrea,to set June 9,1987 at 7:30 p.mo for R-l to R-6 rezoning request.Carried 5 to 00 Moved by Gruber,second by Tovrea,to approve the Treasurer's reportoCarried5to00 158 May 12,1987---cont Moved by Stork,second by Brown;to approve the 'b'Ll.L presentation, as follows: AT &T CS &S AT &T Info System Accurate Office Supply Alignment Shop Bates &Associates Bitucote Blue Cross Bonnie's Flowers R C·Booth Co Brenton State Bank Brown Supply Co Gordon Christianson Opal:Clark Commercial Bag Contractor's Steel The J P Cooks Co Dallas County News Des Moines Asphalt Des Moines Chrysler Eddy Walker Electronic Engineering Farmer's Co-op Fuller Standard Mark L Gruber First Insurance Paul E Huscher Paul R Huscher LA.M.U. IaCMA LD.N •.R. I .M.W.C .A. Iowa Power Iowa State Industries Harry Jones K-L Parts Inc. Kirkwood College Martin Marietta Matt Parrott &Sons A Y McDonald Metro Uniforms Metro Chemical Mid-Iowa Water Meter Midwest Office Tech Northwestern Bell Olson Bros Payless Cashways R &R Welding R-Way Concrete Radio Shack Roger's LawrU10wer Rumley's Systems Sink Paper Co Sioux Sales Co Snyder &Associates Spry Auto &Marine Storey-Kenworthy Team Laboratory University Photo Utility Consultants VanWall Equipment Waukee Hardware Waukee Municipal Gas Westpointe Car Wash 4-10 to 7-10 4-10 to 5-9 legal pads P-4 '85 Ford repair 10-2"elbows 385 gal.Styref 5-1 to 6-1 secretaries week 87-88 tam Spirit of Waukee b Lk ,couplings 5-87 Mayor salary 5-87 congo meals .100 can liners rebar &epoxy '87 pet tags 3-19 to 4-23 4.15 T.cold mix 82 Ford repair compressor/tamper 5-1 to 6-1 4-87 statement P-l Fury service 4-87 bldg.permits 4-1-87 to 4-1-88 5-87 attorney retainer City vs.Borst leak survey seminar 6-1-S7 to 5-31-88 IOwa water permit 6-1 to 6-30 3-16 to 4-15 signage 4-10 to 5-9 Porta-p1ilwer lagoon course 7.5 ag lime computer paper fountain parts FR clipboard box engine degreaser 36 meters repaired NP200 toner 4-10 to 5-9 4-1 to 4-30 concrete block container R&D 4th &Ashworth CH microphone FD generator first aid supplies 2 cs.Scott 148 PD clip board 4-1 to 4-30 FR repairs PD file cabinet roughneck handcleaner film &processing 4-87 tests mower blades 4-87 statement 3-20 to 4-20 PD carwashes TOTAL Carried 5 to O. $17.22 66.12 67.64 177.24 78.11 847.00 1655.01 42.96 35.98 6.44 288.06 80.00 25.00 71.84 132.40 25.94 167.96 166.00 43.84 3602.40 37.92 584.34 39.66 43.00 30505.00 375.00 42.00 15.00 55.00 200.00 406.00 4613.95 49.61 14.60 363.50 25.00 30.07 23.49 61.71 29.95 207.00 549.80 201.49 366.27 703.76 21.32 35.14 88.12 35.29 13.05 17.25 112.60 65.83 5225.25 167.08 165.80 132.71 21.28 98.00 61.20 520.80 573.10 89.70 - $54,583.80 May 12,1987---cont [159 Councilman Hoif~ldt introduced an Ordinance entitled:"AN ORDINANCE TO AMEND CHAPTER 304,,;rAUKEE,HUNICIPAL CODE,SITP',PLAN ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY ADDING "A-I"AGRICULTURAL DISTRICT,"R-l" SINGLE FAHILY RESIDENTIAL DISTRICT,"R-2"ONE AND TWO FAMILY RESIDENT- IAL DISTRICT ZONES TO THOSE FOR WHICH A PRE-APPLICATION CONFERENCE SHALL BE HELD WHEN A SITE PLAN IS REQUIRED FOR BUILDING PERMIT", It was moved by Councilman Hoifeldt ,and seconded by Councilman Tovrea, that the Ordinance entitled:"AN ORDINANCE TO AMEND CHAPTER 304,WAUKEE, MUNICIPAL CODE,SITE PLAN ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY ADDING "A-I"AGRICULTURAL DISTRICT,"R-l"SINGLE FAHILY RESIDENTIAL DISTRICT,"R-2"ONE AND TWOFAHILY RESIDENTIAL DISTRICT ZONES TO THOSE FOR WHICH A PRE-APPLICATION CONFERENCE SHALL BE HELD WHEN A SITE PLAN IS REQUIRED FOR BUILDING PERllIT"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:Brown,Gruber,Hoifeldt,Stork,Tovrea Nays:None recorded Whereupon,the Mayor declared the motion duly carried. It was moved by Councilman Gruber,and seconded by Councilman Hoifeldt, to dispense with the oral reading.A roll call vote was taken as follows: Ayes:Gruber,Tovrea,Brown,Hoifeldt,Stork Nays:None recorded Whereupon,the Mayor declared the motion duly carried. ORDINANCE NO,2085 AN ORDINANCE TO AMEND CHAPTER 304,WAUKEE,MUNCIPAL CODE,SITE PLAN ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY ADDING "A-l"AGRICULTURAL ~-~ DISTRICT,"R-l"SINGLE FAHILY RESIDENTIAL DISTRICT,"R-2"ONE AND TWO FAHILY RESIDENTIAL DISTRICT ZNES TO THOSE FOR ~ICH A PRE-APPLICA- TION CONFERENCE SHALL BE HELD WHEN A SITE PLAN IS REQUIRED FOR BUILDING PERMIT", BE IT ORDAINED by the Council of the City of Waukee: Section I,Section 304.7A of.Chapter 304 Waukee Municipal Code, Site Plan Ordinance of the City,is hereby amended by inserting in the fifth line thereof after the word "the","A-I"Agricultural District; "R-l"single FarrdLy Residential District;"R-2"One and Two Family Residential District",so that the first paragraph of said section is amended to read as follows: 304.7A Pre-Application Conference.Whenever any person proposes to place any structure for which a building permit is required under any other section of this Code,on any tra.ct or parcel of land within the "A-I"Agricultural District;R-I"Single Family Residential District;"R-3" Multifamily Residential District;"R-4"Row Dwelling and Condominium District;"C-I"Community Commercial District; "C-2"Central Business District;"C-3",Planned Commercial District;,"M-l"Light Industrial District;"M-2"Heavy Industrial District;for any use except one and two family dwellings,he shall submit to the City Administrator a request for a Pre-Application Conference, Section 2,Effective Date.This ordinance shall be in effect after its iinall passage,approval,.and publication as required by law, Passed by the Council the 12th day of May,1987,and Approved this 12th day of t1ay,1987, It was moved by Councilman Hoifeldt,and seconded by Counci.lman 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 following named Councilmen voted: r.-160 May 12,1987---cont Ayes:Tovrea,Stork,Hoifeldt,Gruber,Brown Nays:None recorded 'Vhereupon,the Mayor declared the motion duly carried. It was moved by Councilman Gruber,and seconded by Councilman Stork, that the Ordinance entitled:"AN ORDINANCE TO AllliNDCHAPTER 304, HAUKEE,MUNICIPAL CODE,SITE PLAN ORDINANCE OF THE CITY OF WAUKEE, IOWA,BY ADDING "A-I"AGRICULTURAL DISTRICT,"R-l"SINGLE FAMILY RESIDENTIAL DISTRICT,"R-2"ONE AND TWO FANILY RESIDENTIAL DISTRICT ZONES TO THOSE FOR WHICH A PRE-APPLICATION CONFERENCE SHALL BE HELD .mEN A SITE PLAN IS REQUIRED FOR BUILDING PElliUT"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:Gruber,Tovrea,Brown,Hoifeldt,Stork Nays:None recorded 'Vhereupon,the Mayor declared said Ordinance duly adopted and passed, and signed his approval to said Ordinance. Hoved by Brown,second by Gruber,to set June 9,1987 at 7:30p.m. as t.heoheaxLng date for R,.,2floor area amendment.Carried 5to:cO. l10ved by Hoifeldt,second by Brown,to appoint Jerry Johnson to a 3 year term on the Planning &Zoning Commission.Carried 5 to O. Jerry Brown and Luke Gruber report on the 1987 Street project. Moved by Gruber,second by Brown,to approve Brian Redshaw's attend- ance at the Customer Management Conference.Carried 5 to O. Moved by .Stork,second by Tovrea,to approve purchase of fireworks from Rich Bros.in the amount of $2200.00 ..Carried 5 to O •.', lfuved by Gruber,second by Brown,to accept the resignation of Roger Anderson effective May ~O,1987.Carried 5 to O. 110ved by Tovrea,second by Stork,to set June 9,1987 at 7:30 p.m. for the bid opening for the East St.water main.Carried 5 toO. Councilman Hoifeldt introduced an Ordinance en t Lt Le de "AN ORDINANCE TO Al1END CHAPTER 203,WAUKEE JI1UNICIPAL CODE,WATER RATE ORDINANCE. AN ORDINANCE Al1ENDING WATER RATES TO BE CHARGED BY THE WATER WOPJZS OPERATED BY THE CITY OF WAUKEE,IOWA,AND PROVIDING METHODS OF ENFORCE- MENT". ,. It was moved by Councilman Tovrea,and second by Councilman Hoifeldt, that the Ordinance entitled:"AN ORDINANCE TO AllliNDCHAPTER 203, HAUKEE JI1UNICIPAL OCDE,WATER RATE ORDINANCE,AN ORDINANCE AMENDING WATER RATES TO BE CHARGED BY THE WATER "ORKS OPERATED BY THE CITY OF WAUKEE,IOWA,AND PROVIDING METHODS OF ENFORCEHENT"be now read by the City Clerk.The Hayor put the question on the motion,and the.roll being called,the following named Councilmen voted: Ayes: Nays: Gruber,Tovrea,Brown,Hoifeldt,Stork None recorded 'Vhereupon,the Mayor declared the motion duly carried. It was moved by Councilman Gruber,and seconded by Councilman Brown, to waive the oral reading.A roll call vote was taken as follows.: Ayes: Nays: Stork,Hoifeldt,Brown,Tovrea,Gruber None recorded vfuereupon,the Nayor declared the motion duly carried. ORDINANCE NO.2086 AN ORDINANCE TO AMEND CHAPTER 203,WAUKEE MUNCIPAL CODE,WATER RATE ORDINANCE.AN ORDINANCE Al1ENDING WATER RATES TO BE CHARGED BY THE May 12,1987---cont CITY OF WAUKEE,IOWA,AND PROVIDING METHODS OF ENFORCEMENTo BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 203.2 of Chapter 203 Waukee }1unicipal Code, is hereby amended by deleting said section and inserting in lieu thereof the following: 203.2 Water rateso Water shall be furnished at the following monthly rates per'building within' the city limits: First 3,000 gallons or lesser amount per month $10000 per month (minimum monthly bill) $00025 per gallon per monthkllover3,900 gallons Section 2. after its final ;Law. Effective Date.This ordinance shall be in effect passage,approval"and publication as required by It was moved by Councilman Tovrea,and seconded by Councilman Brown, that the rule that an ordinance must be received and filed at two meetings prior to the meeting when final action is taken oi,if published in s~ry,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 following named Coun~ilmen voted: Ayes: Nays: Brown,Gruber,Hoifeldt,Stork,Tovrea None recorded vfuereupon,the Mayor declared the motion duly carried. It was moved by Councilman Gruber,and seconded by Councilman Hoifeldt, that the Ordinance entitled:"AN ORDINANCE TO Al'1ENDCHAPTER 203, WAUKEE MUNICIPAL CODE,HATER RATE ORDINANCE 0 AN ORDINANCE Al'1ENDING WATER RATES TO BE CHARGED BY THE WATER HORKS OPERATED BY THE CITY OF WAUKEE,IOHA,AND PROVIDING METHODS OF ENFORCEMENT','be now put upon its final passage and adoptiono 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: N?ys: Gruber,Tovrea,Brown,Hoifeldt,Stork None recorded Whereupon,the Mayor declared said Ordinance duly adopted and passed, and signed his approval.to said Ordinance 0 Frank Hoifeldt gave the Utilities reporto The new watermtes will go into effect May 21,19870 Roger Buffington reported that the water main easement with the Waukee Community Schools had been filed with the Superintendant's office awaiting signatureso Brian Redshaw gave the Administrator's report. Hove d by Gruber,second by Tovrea,to adj ourn at 11:40 p ,m,Carried 5 to O. Heeting adjourned. ;:........