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Home My WebLink About1994-05-09-Special MinutesIIr r i' fI f t ~ f,. "fr' I -114 - Administrator's Report.The Boy Scouts are planning a 4th of July Fun Run again this year and request parking be restricted around the Triangle.Motion by Councilman Bailey,seconded by Councilman Strain,to allow the July 4th Fun Run and to make the necessary arrangements.The Mayor asked for a roll call vote:Ayes:Bailey,Gruber, Lihs and Strain.Nays:none.Absent:Duray.Motion carried 4 to O. Paul reported his research determined that City-wide trash collecting would not require a franchise.Specifications for services desired could be formulated by the Utility Comnittee and released for bids and the cost be included on the monthly utility bills. Cbnsent Agenda.Councilman Bailey reported on information received about consent agendas and requested that the Mayor review agenda items and include as many as possible in a consent agenda. South Dallas Cbunty Landfill Agency and Matters Regarding Annexation Pending Before the City Development BoaId.Motion by CouncilwomanLihs,seconded by Councilman Strain,to enter into closed session pursuant to Iowa Code Section 21.5(c)"TODISCUSSSTRATEGY WIlli COUNSELIN MATTERSTHATAREPRESENTLYIN LITIGATIONORWHERELITIGATIONIS IMMINENT WHEREITS DISCLOSUREWOUIDBE LIKELYTO PREJUDICEORDISADVANTAGETHEPOSITIONOF THE GOVERNMENTAL BODYIN THATLITIGATION".The Mayor asked for a roll call vote:Ayes: Bailey,Gruber,Lihs and Strain.Nays:none.Absent:Duroy.Motion carried 4 to O. The Council entered closed session at 11:04 P.M. Motion by CouncilwomanLihs,seconded by Councilman Strain,to come out of closed session.The Mayor asked for a roll call vote:Ayes:Bailey,Gruber,Lihs and Strain. Nays:none.Absent:Duroy.Motion carried 4 to O.The Council left closed session at 11:32 P.M. CouncilwomanLihs reported that a letter is being sent to the Maintenance Department employees informing them of a May 15 benefit for Brian Kammererand asking for any help that they would care to give. Councilman Bailey reported on a letter from Police Chief Phillips regarding a phone call from Elementary School Prinicipal Lisa Major advising him that Bonnie Hyda was asking when a 4th Street Comnittee meeting was going to be held and that Lisa advised that the was not the committee chairperson and it was not her place to do so.Larry advised Lisa the he was going to contact Don.WhenDon attended the School Board Meeting the matter was going to be turned over to the Elementary School Advisory Comnittee and apparently Lisa doesn't want any part in it.Den called Bonnie Hyda and talked to her about it. Den asked Chet if he could contact the school to try and get something going. lIdjourtlllEI1t.Motion by Councilman Strain,seconded by Councilman Gruber to ajourn. Motion carried 4 to O.Meeting adjourned at 11:30 P.M. ATTEST: The May 9,1994 WaukeeCity Council special meeting was called to order at 8:00 P.M.by Mayor Chet Chedester with Bob Barrett taking minutes. Roll was taken and the following Council memberswere present:Frank Duray,Monica Lihs and Terry Strain.Councilmen Don Bailey,Jr.,and Nick Gruber were absent: Staff and guests in attendance:Brian Redshaw,Bob Evans,Robin Horkey,Greg Breuer, Helen Lockwood,Gil Stanley and Larry Stanley. 1Ipproval of 04/04/94 Minutes.Movedby CouncilwomanLihs,seconded by Councilman Duray,to approve the April 4,1994 Council meeting minutes.The Mayor asked for a roll call vote:Ayes:Duroy,Lihs and Strain.Nays:none.Absent:Bailey and Gruber. Motion carried 3 to O. Councilman Bailey arrived at 8:06 P.M. WorkmensOompensation Policy.Discussion of current Personnel Policy Section 4.1(11) with regard to Workers Compensation payments and City payment of difference between the Workers Compensation and the employee's normal paycheck. Movedby Councilman Bailey,seconded by Councilman Strain,to pay Bob Evens his normal paychecks for the pay periods ending 04/30/94 and 05/15/94 and for Bob to turn his Workers Compensation payments over to the City.The Mayor asked for a roll call vote: Ayes:Bailey,Duroy,Lihs and Strain.Nays:none.Absent:Gruber.Motion ca=ied 4 to O. Motion by Councilman Duroy,seconded by Councilman Bailey,to refer Personnel Policy Section 4.1(11)to the Personnel Policy for update and clarification.The Mayor asked for a roll call vote:Ayes:Bailey,Duroy,Lihs and Strain.Nays:none.Absent: Gruber.Motion ca=ied 4 to O. -115 - cable 'IV Regulatory Ordinance.CouncilmanDuroy introduced "ANORDINANCEOFTHECITY OFWAUKEECONCERNINGTHEREGULATIONOFRATESCHARGEDBYCABLETELEVISIONOPERATORSFOR TIlEBASICCABLEPROGRAMMINGSERVICETIERANDRELATEDEQUIlliENT". Motion by Councilman Strain,seconded by CouncilwomanLihs,to have the said ordinance read by the City Clerk.The Mayor asked for a roll call vote:Ayes:Bailey,Duroy, Lihs and Strain.Nay:none.Absent:Gruber.Motion carried 4 to O. Movedby Councilman Strain,seconded by CouncilwomanLihs,to dispense with the oral reading.The Mayor asked for a roll call vote:Ayes:Bailey,Duroy,Lihs and Strain. Nays:none.Absent:Gruber.Motion carried 4 to O. ORDINANCENO.2180 ANORDINANCEOFTIlECITYOFWAUKEECONCERNINGTIlEREGULATIONSOF RATESCHARGEDBYCABLETELEVISIONOPERATORSFORTIlEBASICCABLE PROGRAMMINGSERVICETIERANDRELATEDEQUIlliENT. BE IT ENACTEDBYTIlECITYCOUNCILOF THECITYOF WAUKEE,as follows: Section 1.The City of Waukee(herein called "The City")has legal authority of administer and shall enforce against any non-municipally ownedcalbe television system operator,as permitted therein,the provisions of Part 76,Subpart N of the Rules and Regulations of Federal CommuniationsCommission(FCC),concerning cable Rate Regulation,47 C.F.R.Sections 76.600 et seq.,as they currently read and hereafter may be amended,which are herewith incorporated by reference. Section 2.Any rate regulation proceeding conducted under Section 1 hereto shall provide a reasonable opportunity for consideration of the view of any interested party,including but not limited to,the City or its designee,the Cable Operator,subscribers and residents of the franchise area.In addition to all other provisions required by the laws of the State of Iowa and the City of Waukeefor such proceedings,and in order to provide for such opportunity for consideration of the views of any interested party,the City shall take the following actions: A.The City shall publish notice as provided in Code of Iowa Chapter 362.4,and shall mail,by certified mail,to the Cable Operator a notice of the intent to conduct a public proceeding on basic service tier rates and/or charges for equipnent to receive such service tier,as defined by the FCC. B.Said notice shall state,amongothe things,that cable television rates are SUbject to municipal review and explain the nature of the rate review in questions;that any interested party has a right to participate in the proceeding;that public views may be submitted and the deadline for submitting any such views;that a decision concerning the reaonableness of the cable television rates in questions will be governed by the FCCRules and Regulations;and that the decision of the City if subject to review by the FCC. C.The City shall conduct a public proceeding to determine whether or not the rates or proposed rate increase are reasonable.The City may delegate the responsibility to conduct the proceeding to any duly qualified and eligible individual(s)or entity.If the City or its designee cannot determine the reasonableness of a proposed rate increase within the time period permitted by the FCC Rules and Regulations,it may announce the effective date of the proposed rates for an additional period of time as permitted by the FCCRules and Regulations,and issue any other necessary or appropriate order and give notice accordingly. D.In the course of the rate regulation proceeding,the City may require additional information from the Cable operator that is reasonably necessary to determin the reasonableness of the basic service tier rates and equipnent charges.Any such additional information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity,and submitted by way of affidavit or under penalty or perjury, stating that the response is true and accurate to the best of that person's knowledge, information and belief formed after reasonable inquiry.The City may request propriety information,provided that the City shall consider a timely request from the Cable Operation that said proprietary information shall not be made available for public information,consistent with the procedures set forth in Section 1.459 of the FCCRules and Regulations.Furthermore,said proprietary information m ay be used only for the purpose of determining the reasonableness of the rates and charges or the appropriate rate level based on a cost-of-service showing submitted by the Cable Operator.The City may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the State of Iowa and of the City of Waukeeto discover any information relevant to the rate regulation proceeding,including but not limited to,subpeona,inte=gatories,production of documents and deposition. E.Upontermination of the rate regulation proceeding,the City shall adopt and release a written decision as to whether or not the rates or proposed rate increase are reasonable or unreasonable,and,if unreasonable,its remedy,including prospective rate reduction,rate prescription and refunds. F.The City may notimpose any fines,penalties,forfeitures or other sanctions,other than permitted by the FCCRuels and Regulations,for charging an unreasonable rate or proposing any unreasonable rate increase. - r ~' "Ii't\;,r· i:I:l iII i; ,~ I,[. I iI !I-, r Il'----- -116 - G.Consistent with FCCRules and Regulations,the City's decision may.; be reviewed only by the FCC. H.The City shall be authori:;;ed,at any time,whether or not in the course of a rate regulation proceeding,to gather information as necessary to exercise its jurisdiction as euthor'Lzed by the CommuniationsAct of 1934,as amended,and the FCCRules and Regulations.Any information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity,and submitted by way of Affidavit or under penalty of perjury,stating that the response is true and accurate to the best of that person's knowledge,information and belief formed after reasonable inquiry. Section 3.The City shall file with the FCCthe required certification form (FCCForm 328)on September 1,1993,or as soon thereafter as appropriate.Thirty days later,or as soon thereafter as appropriate,the City shall notify the Cable Operator that the City has been certified by the FCCand that it has adopted all necessary regulations so as to begin regulating basic service tier calbe television rates and equipment charges. Section 4.With regard to the cable prograrrmingservice tier,as defined by the CommunicationsAct of 1934,as amended,and the FCCRules and Regulations,and over which the City is not empoweredto exercise rate regulation,the Cable Operator shall give notice to the City of any change in rates for the cable prograrrmingservice tier or tiers,any change in the charge for equipment required to receive the tier or tiers, and any changes in the nature of the services provided,including the program services included in the tier or tiers,and any changes in the nature of the services,provided, including the program services included in the tier or tiers.Said notice shall be provided within five (5)business days after the change becomes effective. Section 5.The City may delegate·its powers to enforce this Lawto municipal employees or officers ("cable official").The Cable Official will have the authority to: (1)Administer oaths and affirmations; (2)Issue subpoenas; (3 )ExamineWitnesses; (4 )Rule upon questions of evidence; (5)Take or cause depositions to be taken; (6)Conduct proceedings in accordance with this law; (7)Exclude from the proceeding any person engaging in comtemptuousconduct or otherwise disrupting the proceedings; (8)Hold conferences for the settlement or simplification of issues by consent of the parties;and (9)Take actions and make decisions or recommenddecisions in conformity with this law. Section 6.If any ordinance or parts of ordinances are inconsistent with the provisions of this ordinance,the provisions of this ordinance shall be controlling. Section 7.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 8.This ordinance shall take effect after its final passage, approval and publication as provided by law. Passed by the Council this 9th day of May,1994,and approved this 9th day of May,1994. Chet Chedester,Mayor ATTEST: Brian J.Redshaw,City Clerk Movedby CouncilmanDuroy,seconded by CouncilmanStrain,to dispense with the rule requiring consideratio at two previous meetings prior to the meeting of final action. The Mayorasked for a roll call vote:Ayes:Bailey,Duroy,Lihs and Strain.Nays:none. Absent:Gruber.Motion ca=ied 4 to O. Movedby CouncilmanBailey,seconded by CouncilmanDuroy,to put Ordinance #2180 entitled "ANORDINANCEOFTHECITYOFWAUKEECONCERNINGTHEREGULATIONOFRATESCHARGED BYCABLETELEVISIONOPERATORSFORTHEBASICCABLEPROGRAMMINGSERVICETIERANDRELATED EQUHMENT"upon its final passage and adoption.The Mayor called for a roll call vote: Ayes:Bailey,Duroy,Lihs and Strain.Nays:none.Absent:Gruber.Motion ca=ied 4 to O.Wherupon,the Mayordeclared Ordinance #2180 duly adopted and passed. FY93-94Financial Audit.Brian was directed to send out financial audit RFPwith both 1 and 3 year terms and an audit completion date of December1.Bids to be received by June 15 and a contract awarded at the June 20 Council meeint. -117 - Adjournment.Motion by CouncilmanDuroy,seconded by CouncilmanBailey,to adjourn. On a voice vote the motion passed 4 to O.Meeting adjourned at 8:51 P.M. ATTEST: ~dfM;ptetChedester,Mayor an J Redshaw,City Clerk 'Ihe May~,1994 WaukeeCity Council regular meeting was called to order at 7:04 P.M. by Mayor Chet Chedester with Bob Ba=ett taking minutes. Roll was taken and the following Council memberswere present:DonBailey,Jr.,Frank Duray,Nick Gruber,Monica Lihs and Terry Strain. Staff and guests in attendance:Brian Redshaw,John Wesselmann,Paul E.Huscher,Jack Inman,Becci McGowen,Charles Chedester,John Kursitis,Greg Ruble,Oscar Stokka, Lewis Baer,Bill Forbes,Rick Ross,Joe Baughman,Mike Barnes,Doug Saltsgaver,Monica Aunan,and Joanna Werch. Agenda lIdditions.Wildflower Valley discussion (l1A);1 WeedControl (7);Councilman Strain report (13A).Movedby CouncilmanGruber,seconded by Councilwanan Lihs,to add the listed items to the agenda.The Mayor asked for a roll call vote:Ayes: Bailey,Duray,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. q;>en F=: Joe Baughmanasked about the paving of Boone Drive and was informed that as the area developes that then Boone Drive would be paved,paid for by the Developers. Monica Aunan asked the Council for permission to close Bel-Aire Drive between 1st and 2nd Streets on Saturday,June 11th from 3:00 P.M.until 9:00 P.M.to accommodatea block party.Motion by CouncilmanDuroy,seconded by CouncilmanStrain,to grant the request.'Ihe Mayor asked for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Greg Ruble spoke to the Council asking that the City waive the $913.50 building permit fee for the project to finish the lower level of the United Methodist Church. Following past practice of waiving building permit fees for churches and other non- profit civic organizations,movedby Councilman Strain,seconded by CouncilmanGruber, to waive the United Methodist Church building permit fee.'Ihe Mayor asked for a roll call vote:Ayes:Gruber,Lihs and Strain.Nays:none.Abstain:Bailey and Duray (both are Church members.Motion ca=ied 3 to O. Guests: Jay Hoskinson -Highway6.Brian reported to the Coucnil that he had sent a letter to IDOTcorrecting his previous letter concerning the Councils position regarding the location of the bike trail after Highway6 is widened. Cbnsent Agenda.Movedby CouncilmanBailey,seconded by CouncilwomanLihs,to approve Consent Agenda items (A)Approval of Minutes;(B)Treasurer's Report;(C)Bill Presentation;(E)A-I to R-2 Rezoning (2nd reading);and (F)FY93-94Budget Amendment. After discussion the motion and second were withdrawn. Movedby Councilman Bailey,seconded by CouncilwomanLihs,to approve Consent Agenda items (A)Approval of 04/18/94 Minutes;(B)04/94 Treasurer's Report;and (C)Bill Presentation ($359,695.39).The Mayor asked for a roll call vote:Ayes:Bailey,Duroy, Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O. Vendor A &WElectrical Contractors Arnold Motor Supply Atlantic Bottling Company Baer Ag Supply Bankers Trust Company Border's Book Shop BrownSupply Company Business Communications Carpentar Uniform Company Central Iowa Landscaping Central Iowa Service Classic Floral &Gifts Clement Communications D &K Products Dallas County Annie Fund Dallas County News Dawson Des Moines Paper &Supply Des Moines Water Works EmergencyMedical Products Purpose Siren repair Lube filters Vending machine supplies Grass seed Bond and interest payments Material Traffic paint Radio repair Jumpsuits Flowers Water tower improvements Flowers and plants Poster program service Turface regular Annie Rental 04/94 Publications Material Sontara 04/94 Useage Head immobilizer Amount $3,300.69 9.25 88.80 90.00 315,707.50 35.96 171.90 152.50 --407.65 110.15 3,751.03 154.40 143.78 220.00 12.50 908.64 67.45 137.85 9,923.71 115.00