HomeMy WebLinkAbout1994-05-16-Regular Minutes-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
Fanner's Coop Elevator
Feslers Inc.
Franklin Watts
Fuller Standard Service
G &L Clothing
Gall's
Fastpro International
Holbrook Construction
Paul R.Huscher
Ia Assoc of Municipal Utilities
I.C.M.A.
Ia Glass
Ingram Book Company
Iowa Paint
Midwest Power
Midwest Power/Midwest Gas
Jim Coons Trucking
Lease Consultants Corp
LGI
Linda Mack
Northern Natural Gas
Olson Brothers
Publishers Quality
Quality Ford
Genex
Smith's Sewer Service
Strauss Safe &Lock
The Learning Post
The Wall Street Journal
Joy Tofteland
Tomrik,Inc
Toyne's Ia Fire Truck Service
Triplett Off Essentials
US Postal Service
US West Communications
University Photo
Uponor Aldyl Company
Utility Consultants
Visa
W.W.Grainger
Washer Systems of Iowa
Washpointe Autowash
Waste Management of Iowa
Waterpro Supplies
Waukee Hardware &Variety
Waukee Municipal Gas
H.W.Wilson Company
Debra Wityk
Woodwright Construction
TOTAL
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04/94 purchases
ETM traffic mover
Material
04/94 purchases
Uniforms
Strobe headliter
04/94 purchases
12"main repair
04/94 professional services
Admin rules service
1994 Dues
Windshielf repair
Materials
Xylene
04/94 useage
Cable repair
Hauling
Copier Payment
Lead and copper testing
expenses
Useage
04/94 purchases
Material
Parts
Oxygen &Acetylene
Line Cleaning
Exit security bar
Certificates
Material
Expenses
Gas Deposit refund
Light,strainer
Folding Chairs
Stamps
Monthly service
Film processing
Ska Kit
04/94 Lab testing
Water conference
Storage racks
Industrial de greaser
04/94 autowashes
05/94 trash service
Water Supplies
04/94 purchases
Monthly Gas Service
Material
Library Cleaning
Gas deposit refund
911.71
48.59
62.00
229.27
591.62
249.98
285.34
2,000.00
210.00
21.00
141.11
144.93
617.86
41.40
176.28
548.55
133.16
72.31
330.00
49.66
5,205.62
353.99
11.30
82.57
27.15
50.00
190.99
13.22
149.00
44.36
6,993.98
410.00
137.88
29.00
90.04
21.83
691.55
200.00
100.13
353.90
33.00
23.00
8.00
307.63
402.32
664.26
190.00
120.00
417.14
$359,695.39
Water Rate Ordinance.Motion by Councilman Strain,seconded by Councilman Bailey,to refer
the water rate ordinance back to the Utility Committee for further consideration of:adding
Des Moines Water Works approval to serving any customer outside City limits;outside
customer water rate reflecting water department subsidy by property taxes;and water rate
incentive for customers to annex into the City.The Mayor asked for a roll call vote:
Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion ca=ied 5 to O.
A-1 To R-2 Rezoning -2nd Reading.Moved by Councilman Duroy,seconded by Councilman
Strain,to have Ordinance No.2181 "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL
CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,ICWA,BY RE-ZONING AND CHANGING CERTAIN
PROPERTY THEREIN FRCM A-1 (AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY RESIDENTIAL
DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING"be read by the City
Clerk fbr the second time.No written or oral objections to the proposed rezoning have
been received at City Hall.The Mayor asked for a roll call vote:Aye:Bailey,Duroy,
Gruber,Lihs and Strain.Nays:none.Motion ca=ied 5 to O.Brian read the following
ordinance:
Ordinance No.2181
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 FRCM A-1
(AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT);AND AMENDING THE
OFFICIAL ZONING MAP TO SHOW RE-ZONING.
BE IT ORDAINED by the Council of the 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 chanqanq the followlng
described real estate from A-1 (AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY
~RESIDENTIAL DISTRICT);and that the Official Zoning Map be made to reflect such amendment:
..•.~,-119 -
Beginning at the South Quarter Corner of Section 33,Township 79 North,Range 26
West of the Fifth P.M.,City of Waukee,Dallas County,Iowa;thence North 00 OO'East on
the West line of the Southeast Quarter of said Section 33,a distance of 779.12 feet to
the Southwest corner of Corene Acres Plat 5;thence North 89 53'East on the South line
of said Corene Acres Plat 5 and Corene Acres Plat 8 a distance of 461.96 feet to the
Northwest Corner of Corene Acres Plat 11;thence South 00 00'East on the West line of
Corene Acres Plat 11 and Corene Acres Plat 12 a distance of 657.82 feet;thence North 89
43'16"East on the South line of O.L.Y.of Corene Acres Plat 12 a distance of 80.00 feet
to the Southeast corner of said O.L.Y.;thence South 00 OO'Westa distance of 120.00
feet to the Southwest corner of Lot D of said Corene Acres Plat 12;thence South 89
43'16"West on the South line of said Section 33 a distance of 541.96 feet to the point
of beginning;containing 8.48 acres more or less.
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 16th day of May,1994,and approved this 16th day of May,1994.
ATTEST:Chet Chedester,Mayor
Brian J.Redshaw,City Clerk
Movedby Councilman Duroy,seconded by Councilman Bailey,to dispense with the rule
requiring consideration at two previous meetings prior to the meeting of final action.
The Mayor asked for a roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.
Nays:none.Motion cerr-ied 5 to O.
The Mayor vetoed the motion because residents present at the last meeting were not
present at this meeting to express their thoughts and provided the Council with awrittenvetomessage.
Movedby Councilman Gruber,seconded by Councilman Duray,to ove=ide the Mayor's veto.
The Mayor asked for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs and Strain.
Nays:none.Motion ca=ied 5 to 0,veto was overxaden.
Motion by Councilman Gruber,seconded by Councilman Duroy,to put Ordinance No.2181
entitled "ANORDINANCETOAMENDCHAPTER301,WAUKEEMUNICIPALCODE,ZONINGORDINANCEOF
'!HE CITYOFWAUKEE,ICWA,BYRE-ZONIN:;ANDCHAN3INGCERTAINPROPERTYTHEREINFRCMA-I
(AGRICULTURALDISTRICT)TOR-2 (ONEAND TWOFAMILYRESIDENTIALDISTRICT);AND AMENDING
'!HE OFFICIALZONINGMAP TO SHCWRE-ZONING"upon its final passage and adoptiong.The
Mayor asked for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs and Strain.Nays:
none.Motion carxaed 5 to O.The Mayor declared the ordinance duly adopted and passed.
~FY93-94Budget 1IIrendment.After reviewing the proposed budget changes,Councilman
~~Gruber,seconded by Councilman Bailey,moved adoption of Resolution No.304 approvingt
FY93-94budge amendmentsincreasing estimated Revenues by $1,575,000 to $4,486.281 and
increasing estimated expenditures by $1,569,648 to $4,458,404.The Mayor asked for a
roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motionca=ied 5 to O.
YaId Waste Agrearent.The agreement is still being worked on and will be presented at
the next regular Council meeting.
Dust Control Policy/Public W=ks Report.John Wesselmannreported that the City's
sprayer has been repaired and that the City Parks have been sprayed.John will check on
weeds along the railroad tracks.The printed Public Works Report was reviewed by John.
Movedby Cou~cilman Gruber,seconded by Councilman Duroy,to approve a dust control tree
sap appliation by Miner Dust Control at a cost of $3,545.60.The Mayor asked for a roll
call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion cerraed 5toO.
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-The Council will review Water Department expenditures at the June 6th Council meeting to
determin if John will be authorized to bid on a State vehicle.
\'J Natural Gas Bid Acceptance.The Utility Committee recanmends awarding Midland Marketing'"tW Corporation the gas supply contract.Movedby CouncilwomanLihs,seconded by Councilman
1\'J Bailey,to approve Resolution No.305 awarding a one year gas supply contract to Midland
Marketing Corporation.The Mayor asked for a roll call vote:Ayes:Bailey,Duray,
Gruber,Lihs and Strain.Nays:none.Motion ca=ied 5 to O.
Syrvet Parking Lot.Syrvet is asking for permission to enlarge their parking lot by
14'x50'and to leave it rock until the facility is expanded.City Ordinances require a
hard surface parking lot and it is believed that the industrial park convenants also
[,
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require hard surface parking.Movedby CouncilmanDuroy,seconded by CouncilmanBailey,
to allow a 14'XSO'rock expansion of the Syrvet parking lot with the understanding that
within one year the parking would be hard surface,subject to any restrictive covenants.
TIleMayorasked for a roll call vote:Ayes:none.Nays:Bailey,Duray,Gruber,Lihs and
Strain.Motion failed 0 to 5.Brian was instructed to have Syrvet comeback with
additional information about the parking request.
Preliminary Plat Of Liberty Park Townhcnes.Movedby CouncilmanDuroy,seconded by
CouncilmanBailey,to approve the preliminary plat of Liberty Park Townhcmes,to issue
building permits for lots 9,10,11,12,13,14,15 and 16 and that they do not receive
occupancypermits until such time as the final plat is approved.The Mayorasked for a
roll call vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion
carried 5 to O.
Developnent Impact Fees.John Kursitis reviewed the material that he had gathered
concerning impact fees being charged by surrounding communities.Movedby Councilman
Gruber,seconded by CouncilmanBailey,to direct Paul Huscher to draft a capital
improvementfund ordinance.TIleMayorasked for a roll call vote:Ayes:Bailey,Duray,
Gruber,Lihs,and Strain.Nays:none.Motion ca=ied 5 to O.
Wildflower Valley Discussion.After a lengthy discussion,the Council decided to have a
Council planning meeting on May24th at 7:00 P.M.
Public safety Report -Gruber.Movedby CouncilwcmanLihs,seconded by Councilman
Duray,to receive the printed Police Department report.The Mayorasked for a roll call
vote:Ayes:Bailey,Duroy,Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O.
Utilities Report -Lihs.CouncilwomanLihs reviewed the April 9 and May14 Utility
Committeemeeting minutes.CouncilwomanLihs reported Committeereluctance to seek
waste franchise bids as directed by the Council.A question raised about the motion as
recorded under Old Business on May14.
Movedby CouncilmanDuray,seconded by CouncilmanGruber,t.oirecedve the April 9 Utility
Committee meeting minutes.The Mayorasked for a roll call vote:Ayes:Bailey,Duroy,
Gruber,Lihs and Strain.Nays:none.Motion carried 5 to O.
Miscellaneous Reports -Strains.CouncilmanStrain reported on the SummerRecreation
Program.CouncilwomanLihs movedto accept the report,seconded by CouncilmanDuray.
The Mayorasked for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs and Strain.
Nays:none.Motion carried 5 to O.
CouncilmanStrain updated the Council on his research into Workers Compensation:payment
is 80%of normal net pay;payment continue as long as the employee is off work -does
not have a set cutoff time limit.CouncilmanStrain will continue his research and
updating of the Council.
CouncilmanStrain reported that a State sponsored matching-funds program for trees in
parks had expired before the Parks Committeewas aware of the program.
CouncilmanStrain asked that the Council packets be delivered at a reasonable time of
day.
Mayor's Report.The Mayor:asked Brian to contact West Des Moines to share traffic
count information gathered on University Avenue;reminded the Personnel Committeethat
the fiscal year-end is quickly approaching and that performance and salary reviews need
to be completed;and cost of paving BooneDrive.The Mayorhad not yet been able to
meet with Grimes Asphalt concerning the repair of Spry Auto's Parking Lot.
Mministrator's Report.
A.Matters Regarding Annexation Pending Before The City DevelopmentBoard.
B.South Dallas County Landfill Agency.
City Attorney Paul E.Huscher would like to discuss these matters with the Council and
recommendedthat the Council go into closed session because litigation is possible in
both items.
Motion by CouncilwomanLihs,seconded by CouncilmanDuroy,to enter into c]nsed session
pursant to Iowa Code Section 21.51(c)"To discuss strategy with counsel in matters that
are presently in litigation or where litigation is imminentwhere its disclosure would
be likely to prejudice or disadvantage the position of the governemental body in that
litigation".The Mayorasked for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs
and Strain.Nays:none.Motion carried 5 to O.The Council entered closed session at
10:35 P.M.
Motion by CouncilwomanLihs,seconded by CouncilmanStrain,to comeout of closed
session.The Mayorasked for a roll call vote:Ayes:Bailey,Duray,Gruber,Lihs and
Strain.Nays:none.Motion carried 5 to O.The Council left closed session at 11:15
P.M.
Brian asked if the City Administrator would be held to a different residency requirement
than other City employees and was assured that the EmployeePolicies would be uniformly
applied to all employees.
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Adjournment.Movedby CouncilrrBnGruber,seconded by CouncilmanDuroy,to adjourn.On
a voice vote the motion carxaed 5 to O.Meeting adjourned at 11:20 P.M.
ATlEST:
The May24,1994 WaukeeCity Council special meeting was Called to order at 8:50 P.M.at
the WaukeePublic Library by Mayor Chet Chedester with Brian J.Redshawtaking minutes.
Roll was taken and the following Council memberswere present:DonBailey,Jr.,Monica
Lihs and Terry Strain.CouncilmenFrank Durey and Nick Gruber were absent.
Staff and guests in attendance:Larry Hague,Joe Baughman,Bob Roland,NancyWhite,Jim
Rumelhart,Jacqueline Roland,Mrs.Joe Finn,Bob Trissel,Ken Puncerelli,Steve Grubb,Rick Ross and Paul E.Huscher.
~of 05/02/94 and 05/09/94 Minutes.Movedby CounCilwomanLihs,seconded by
CouncilrrBnStrain,to table the 05/02/94 and 05/09/94 minutes until June 6.The Mayor
asked for a roll call vote:Ayes:Bailey,Lihs and Strain.Nays:none.Absent:Duroy.
and Gruber.Motion ca=ied 3 to O.
Wildflower Valley Re-zoning Discussion.The Wildflower Valley developnent project has
been modified to have townhouses replace the proposed apartments.
1994 Fireworks P!rrchase.Movedby CouncilwomanLihs,seconded by CouncilmanBailey,to
approve the purchsse of this year's July 4th display from Night Magic,Inc.for
$3,500.00.The Mayorasked for a roll call vote:Ayes:Bailey,Lihs and Strain.Nays:
none.Absent:Duroy and Gruber.Motion ca=ied 3 to O.
Movedby CouncilrrBnLihs,seconded by CouncilrrBnStrain,to have the fireworks display
on July 4th.The Mayor asked for a roll call vote:Ayes:Bailey,Lihs and Strain.
Nays:none.Absent:Duroy and Gruber.Motion carr i.ed 3 to O.
Matters Regarding Armexation Pending Before the City Developrent Board.Uponthe
recommendationof the City Attorney,motion by CouncilwomanLihs,seconded by Councilman
Bailey,to enter into closed session purusant to Iowa Code Section 21.5(c)"To discuss
strategy with Counsel in matters that are presently in litigation or where litigation is _
imminentwhere its disclosure would be likely to prejUdice or disadvantage the position
of the governmental body in that litigation".The Mayor asked for a roll call vote:
Ayes:Bailey,Lihs and Strain.Nays:none.Absent:Duroy and Gruber.Motion carried 3
to O.The Council entered closed session at 9:00 P.M.
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Motion by CouncilmanStrain,seconded by CouncilwomanLihs,to comeout of closed
session.The Mayorasked for a roll call vote:Ayes:Bailey,Lihs and Strain.Nays:
None.Absent:Duroy and Gruber.Motion carried 3 to O.The Council left closed
session at 10:22 P.M.
Motion by CouncilmanBailey,seconded by CouncilwomanLihs,to approve the following
resolution amending the City's involuntary annexation petition:
!Resolution #306
~5D~REAS,a hearing has nowbeen held,and a decision made by the City Developnent Board
on the voluntary applications submitted to the City Developnent Board,State of Iowa,
NOsUA90-09,90-13,90-14 and 90-24;and
WHEREAS,the City Developnent Board has allowed annexations by the City of Urbandale,
since the filing of the voluntary applications and involuntary petition of Waukeein the
above matter which now create islands if some of the applications and petitions of
Waukeewere granted;and
WHEREAS,the City Developnent Board has demandedthat involuntary petitions of Clive,
Urbandale and Waukeebe revised to eliminate overlap,and the City of Waukeecan now
make such revision since the ruling of the board;and
WHEREAS,the City of Waukeebelieves that it would be in the public interest for Waukee
to amendor revise its involuntary petition to delete land which has been determined by
the board to be annexed to the City of Waukeein the City Developnent Board's "Findings
of Fact and Conclusions of Law"as described in Exhibit E thereof,and also land which
was not ordered annexed to the City of Waukeein Sections 26 and 27,Township79 North,
Range 26 West of the 5th P.M.,Dallas County,Iowa;so that overlap will be eliminated,
and no contest will remain as to proposed annexations now pending of Urbandale (which
has a moratorium agreement with Waukee)and Clive,which has an involuntary annexation
petition pending as to portions of Section 26,Township79 North,Range 26 West of the
5th P.M.,Dallas County,Iowa;
BE IT THEREFCRERESOLVEDthat involuntary petition of the City of Waukee,A 90-04,later
revised and assigned the numberA 90-04Aby the City DevelopmentBoard,be now further
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