HomeMy WebLinkAbout1994-08-01-Regular MinutesI
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THE AUGUST 1,1994 WAUKEE CITY COUNCIL REGULAR MEETING WAS CALLED TO ORDER AT 7:00PM.AT
CITY HALL BY MAYOR CHET CHEDESTER WITH TONI LESTINA TAKING MINUTES.
A ROLL CALL WAS TAKEN AND THE FOLLOWING NAMED CITY COUNCIL MEMBERS WERE PRESENT:DON
BAILEY,JR.,FRANK DUROY,NICK GRUBER,MONICA LrHS AND TERRY STRAIN.
STAFF AND GUESTS IN ATTENDANCE,BRIAN REDSHAW,PAUL HUSCHER,JOHN KURSITUS,BILL FORBES,
JIM DE WIn,JR.,TONI LESTINA,BOB TRISSEL,TOM WILKERSON,BART WELLER,BEN PHILLIPS,
JOHN GRISSO,MARY WHITE,LEON KOEPPEL,PAT SHEPARD,JERRY OLIVER AND DON HENSON.
AGENDA ADDITIONS.DELETE ITEMS 6A,15,17 AND 18.ON A VOICE VOTE CARRIED 5 TO 0.
OPEN FORUM.TOM WILKERSON,110 WINDFIELD PARKWAY,ADDRESSED THE COUNCIL ON THE
GREENBELT AREA NEXT TO HIS HOUSE.TOM WOULD LIKE TO KNOW WHEN THIS AREA WILL BE
DEVELOPED.SCHOOL WILL BE STARTING WITHIN THE NEXT 30 DAYS AND THERE STILL ARE NO
SIDEWALKS IN THIS AREA.ALL THE KIDS IS THIS AREA WILL HAVE TO WALK IN THE STREET.IF
THIS IS PLANNED TO BE DEVELOPED FOR PARK USE,WHEN WILL THIS AREA BE SEEDED?IT IS THE
CITY'S UNDERSTANDING THAT THE DEVELOPER WILL BE PLACING THE SIDEWALKS AND SEEDING THIS
AREA VERY SOON.JERRY OLIVER SPOKE TO tHE COUNCIL REGARDING THE SIDEWALKS,GRADING AND
SEEDING OF THIS AREA.JERRY STATED THAT WHATEVER THE AGREEMENT WAS AT THE TIME OF PLAT
APPROVAL.THE WILL STAND BY.THE MAYOR DIRECTED BRIAN TO CHECK ON THIS AND REPORT TO MR.
WILKERSON AND THE COUNCIL.
BART WELLER,REPRESENTING THE WAUKEE FIRE DEPARTMENT.BART REMINDED THE COUNCIL OF THE
UNDERSTANDING THAT THE MONEY FROM THE SALE OF 366 WOULD GO TO REFURBISH THE 365 (FIX
RUST,REPAINTS.REPAIR HOSE BED AND PUT A 10 INCH QUICK DUMP).THE COUNCIL GAVE BART
CONSENT TO GET BIDS FOR THE REPAIRS OF THE 365.
CHERYL LAIRD-HUMPHREY -1996 RAGBRAI.CHERYL SPOKE TO THE COUNCIL REGARDING RAGBRAI
COMING THROUGH WAUKEE IN 1996.SHE WOULD LIKE THE APPROVAL FROM THE COUNCIL TO ASK
CONSIDERATION FOR RAGBRAI TO PASS THROUGH WAUKEE BUT NOT A OVERNIGHT.COUNCILMAN STRAIN
VOLUNTEERED THE HELP OF THE PARKS COMMITTEE.
QUASQUICENTENNIAL PARADE ROUTE.THE PARADE ROUTE IS AS FOLLOWS:STARTING AT THE HIGH
SCHOOL TO NORTHVIEW;NORTHVIEW TO 4TH STREET;4TH STREET TO LOCUST STREET;LOCUST TO 9TH
STREET;9TH STREET TO WALNUT.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN GRUBER TO APPROVE THE PARADE ROUTE
FOR THE QUASQUICENTENNIAL PARADE.THE MAYOR ASKED FOR A ROLL CALL VOTE,AYES:STRAIN,
LrHS,GRUBER,BAILEY AND DUROY.NAYS'NONE.MOTION CARRIED 5 TO 0.
CONSENT AGENDA.MOVED BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN BAILEY,TO APPROVE
THE CONSENT AGENDA ITEMS (A)HAS BEEN DELETED,(B)BILL PRESENTATION ($63,846.39)AND
(C)ApPROVAL OF 7/11 MINUTES.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:LIHS,BAILEY,
GRUBER,STRAIN AND DUROY.NAYS:NONE.MOTION CARRIED 5 TO 0.
VENDOR
AT &T
ARATEX SERVICES,INC.
ARNOLD MOTOR SUPPLY
BANKNOTE PRINTING,INC.
BINGS OFFICE SUPPLY
BLUE CRoss/BLUE SHIELD
BROWN SUPPLY CO,INC.
BUSINESS COMMUNICATIONS
CARPENTER UNIFORM CO.
CLASSIC FLORAL &GIFTS
CONTRACTORS MACHINERY INC.
PURPOSE
LONG DISTANCE SERVICE
ENTRANCE MAT CLEANING
DISC BRAKE PADS
WINDOW ENVELOPES
OFFICE SUPPLIES
MONTHLY PREMIUM
NEPTUNE GUN &CHARGER
RADIO REPAIR
SENTRYS,TROUSERS &ALTERATIONS
FLOWERS
FORKS
AMOUNT
$23.29
78.68
57.40
125.77
202.05
9,206.97
1,200.00
265.00
399.10
30.00
1,150.00
c
COpy SYSTEMS,INC.
DALLAS COUNTY NEWS
DECO ENGINEERING PRODUCTS
OM AREA METROPOLITAN
DES MOINES REGISTER
DES MOINES STAMP MFG,CO.
DES MOINES WATER WORKS
ELECTRONIC ENGINEERING
GRUBER,MARK L.
H &W MOTOR EXPRESS CO.
HUSCHER,PAUL E.
IA MUNICIPALITIES
IA DEPT OF TRANSPORTATION
IA METHODIST MED CNTR
MIDWEST POWER
JIM'S JOHNS
KAR PRODUCTS
LAVINE'S SALES Co
MID-IoWA ASSOCIATION
METRO UNIFORMS
MIDNIGHT PUBLISHING
NORTHERN MUNICIPAL
R-WAY CONCRETE
REDDEN-MILLER,INC.
SENECA DISTRIBUTION SERV
SINK PAPER Co
SPRY AUTO PARTS &SERV
TERRY-DURIN COMPANY
THE BUILDING INSPECTORS
TRIPLE T ENTERPRISES,INC.
TRIPLETT OFFICE ESSENTIALS
UNITED STATES CELLULAR
US ENERGY SERVICES,INC.
US WEST CELLULAR
US WEST COMMUNICATIONS
UNIVERSITY PHOTO
VAN-WALL EQUIPMENT,INC.
VEENSTRA &KIMM,INC.
VISA
WASTE MANAGEMENT OF IOWA
WATERPRO SUPPLIES CORP
WAUKEE COMUNITY SCHOOL
WAUKEE MUNICIPAL GAS
TOTAL
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MONTHLY COPIER MAINTENANCE
CONGRATULATION AD
PRESSURE SUSTAINING VALVE
DM AREA MPO ASSESSMENT
ANNEXATION PUBLICATION
3 PERMA-STAMPS
6/28 TO 7/26 USAGE
RADIO PAYMENT &MONTHLY PAGING
7/94 BUILDING PERMITS
PLASTIC PIPE FREIGHT
08/94 RETAINER
INSTALLMENT 112
lOOT CENTRAL INVENTORY
RANDOM DRUG TEST
MONTHLY BILL
7/94 RENTAL
HOSE CLAMPS
POLICE SUPPLIES
MIALG EXPENSES &DUES
UNIFORMS
NEWSLETTER PRINTING
NMDG ASSESSMENT
CONCRETE
COPIER MAINT &SERVICE
REPAIRED PUMP,TESTED
PAPER TOWELS
MISC REPAIRS
BATTERY
7/94 BUILDING PERMITS
COMPENDIUMS
MISC.SUPPLIES
CELLULAR SERVICE
INV PART II
CELLULAR PHONE SERVICE
MONTHLY SERVICE
FILM PROCESSING
MOWER REPAIR
7/94 SERVICES
MISC.CHARGES
7/94 SERVICE
MISC.SUPPLIES
SUMMER REC BUS TRIPS
MONTHLY SERVI CE
17.64
34.50
2,010.59
1,105.28
32.40
52.70
12,730.40
115.44
250.00
175.21
500.00
1,429.00
635.33
16.50
4,900.51
40.00
30.11
71.00
338.65
289.65
560.00
526.99
204.00
112.03
137.30
31.79
1,593.81
5.67
1,496.00
26.50
304.84
328.18
14,158.72
30.51
721.66
20.89
619.11
4,014.69
74.94
483.47
57.0"
568.56
42.10
$63,631.93
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WINDFIELD PLAT 3 REVISED GRADING PLAN.PAT SHEPARD,CIVIL ENGINEERING CONSULTANTS,
SPOKE TO THE COUNCILON THIS MATTER.AFTER A LENGTHY DISCUSSION,COUNCILMAN DUROY MADE A
MOTION,TO APPROVE THE REVISED GRADING PLAN AS PRESENTED.THE MOTION DIED FOR LACK OF A
SECOND.
MOTION BY COUNCILMAN BAILEY,TO APPROVE THE REVISED GRADING PLAN AS PROPOSED AND TO
INCLUDE A CONVENCE TO RUN WITH THE LAND THAT THE PROPERTY OWNERS WILL NOT ALTER THE
GRADE OF THE LAND AND A BOND FROM MR.MYERS TO GUARANTEE THIS FOR A PERIOD OF 10 YEARS.
COUNCILMAN STRAIN SECONDED THE MOTION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,
BAILEY,GRUBER AND STRAIN.NAYS'LIHS AND DUROY.MOTION CARRIED 3 TO 2.I
ONE-WAY ORDINANCE SECTION 501.13 -SECOND READING.MOTION BY COUNCILMAN GRUBER,
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SECONDED BY COUNCILMAN STRAIN,TO HAVE THE ORDINANCE READ FOR THE 2ND TIME.
ASKED FOR A ROLL CALL VOTE:AYES:DUROY,GRUBER,LIHS,BAILEY AND STRAIN.
MOTION CARRIED 5 TO 0.BRIAN READ THE FOLLOWING ORDINANCE,
THE MAYOR
NAYS:NONE.
AN ORDINANCE TO AMEND CHAPTER 501,WAUKEE MUNICIPAL CODE,REGULATION OF TRAFFIC
UPON AND USE OF THE STREETS OF WAUKEE,IOWA,BY AMENDING SECTION 501.13,TO DESIGNATE A
PORTION OF FOURTH STREET AND A PORTION OF CHERRY STREET AND A PORTION OF FIFTH STREET AS
ONE-WAY STREETS PERMITTING TRAFFIC IN A SOUTHBOUND DIRECTION ONLY ON FOURTH STREET FROM
THE SOUTH LINE OF LOCUST STREET TO THE NORTH LINE OF NORTHVIEW STREET;PERMITTING
TRAFFIC IN AN EASTBOUND DIRECTION ONLY ON CHERRY STREET FROM THE EAST LINE OF SIXTH
STREET TO THE EAST LINE OF FIFTH STREET;AND PERMITTING TRAFFIC IN A NORTHBOUND
DIRECTION ONLY ON FIFTH STREET TO THE SOUTH LINE OF LOCUST STREET.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WAUKEE:
SECTION 1.AMENDMENT.CHAPTER 501,WAUKEE MUNICIPAL CODE,REGULATION OF
TRAFFIC UPON AND USE OF THE STREETS OF WAUKEE,IOWA,SECTION 501.13,IS HEREBY AMENDED
BY ADDING THERETO SUB-SECTIONS (2),(3)AND (4)THEREOF AS FOLLOWS:
(2)FOURTH STREET,SOUTHBOUND ONLY FROM THE SOUTH LINE
OF LOCUST STREET TO THE NORTH LINE OF NORTHVIEW
STREET.
(3)CHERRY STREET,EASTBOUND ONLY FROM THE EAST LINE OF
SIXTH STREET TO THE EAST LINE OF FIFTH STREET.
(4)FIFTH STREET,NORTHBOUND ONLY FROM THE SOUTH LINE
OF CHERRY STREET TO THE SOUTH LINE OF LOCUST STREET.
SO THAT SECTION 501.13,AS AMENDED,SHALL READ AS FOLLOWS:
SECTION 501.13.AUTHORITY TO DESIGNATE ONE-WAY STREETS AND ALLEYS.WHENEVER ANY
TRAFFIC ORDINANCE OF THIS CITY DESIGNATES ANY ONE-WAY STREET OR ALLEY,THE POLICE
DEPARTMENT SHALL PLACE AND MAINTAIN SIGNS GIVING NOTICE THEREOF,AND NO SUCH REGULATION
SHALL BE EFFECTIVE UNLESS SUCH SIGNS ARE IN PLACE.SIGNS INDICATING THE DIRECTION OF
TRAFFIC MOVEMENT SHALL BE PLACED AT EVERY INTERSECTION WHERE MOVEMENT OF TRAFFIC IN THE
OPPOSITE DIRECTION IS PROHIBITED.IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE ANY
VEHICLE IN VIOLATION OF SUCH MARKINGS,SIGNS,BARRIERS OR OTHER DEVICES SO PLACED IN
ACCORDANCE WITH THIS SECTION.
A.THE FOLLOWING STREETS ARE HEREBY DESIGNATED AS ONE-WAY STREETS:
(1)PARK ROAD,EASTBOUND ONLY.
(2)FOURTH STREET,SOUTHBOUND ONLY FROM THE SOUTH LINE OF LOCUST STREET TO
NORTH LINE OF NORTHVIEW STREET.
(3)CHERRY STREET,EASTBOUND ONLY FROM THE EAST LINE OF SIXTH
STREET TO THE EAST LINE OF FIFTH STREET.
(4)FIFTH STREET,NORTHBOUND ONLY FROM THE SOUTH LINE OF
CHERRY STREET TO THE SOUTH LINE OF LOCUST STREET.
SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED.
SECTION 3.SEVERABILITY.IF ANY SECTION,PROVISION OR PART OF THIS ORDINANCE
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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,ON THIS ~~~DAY OF
_______________,1994,AND APPROVED THIS DAy OF ,1994.
ATTESTED'
CLAIRE L.CHEDESTER
MAYOR
BRIAN J.REDSHAW
CITY CLERK
MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN GRUBER,TO DISPENSE WITH THE RULE
REQUIRING CONSIDERATION AT TWO MEETINGS PRIOR TO THE MEETING OF FINAL ACTION.THE MAYOR
ASKED FOR A ROLL CALL VOTE,AYES:GRUBER,BAILEY,STRAIN,LrHS AND DUROY.NAYS:NONE.
MOTION CARRIED 5 TO 0.
MOVED BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO PUT ORDINANCE No.2185
ENTITLED "AN ORDINANCE TO AMEND CHAPTER 501,WAUKEE MUNICIPAL CODE,REGULATION OF
TRAFFIC UPON AND USE OF THE STREETS OF WAUKEE,IOWA,BY AMENDING SECTION 501.13,TO
DESIGNATE A PORTION OF FOURTH STREET AND A PORTION OF CHERRY STREET AND A PORTION OF
FIFTH STREET AS ONE-WAY STREETS PERMITTING TRAFFIC IN A SOUTHBOUND DIRECTION ONLY ON
FOURTH STREET FROM THE SOUTH LINE OF LOCUST STREET TO THE NORTH LINE OF NORTHVIEW
STREET;PERMITTING TRAFFIC IN AN EASTBOUND DIRECTION ONLY ON CHERRY STREET FROM THE EAST
LINE OF SIXTH STREET TO THE EAST LINE OF FIFTH STREET;AND PERMITTING TRAFFIC IN A
NORTHBOUND DIRECTION ONLY ON FIFTH STREET TO THE SOUTH LINE OF LOCUST STREET"UPON ITS
FINAL PASSAGE AND ADOPTION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,
LIHS,STRAIN AND GRUBER.NAYS:NONE.MOTION CARRIED 5 TO 0.WHEREUPON,THE MAYOR
DECLARED ORDINANCE No.2185 DULY ADOPTED AND PASSED.
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ORDINANCE AMENDING SECTION 204.19.MOVED BY COUNCILMAN BAILEY TO INTRODUCE "AN
ORDINANCE TO AMEND CHAPTER 204,WAUKEE MUNICIPAL CODE,BY PROVIDING IN SECTION 204.19
THAT AN EXCAVATOR SHALL MAINTAIN AN AFFECTED AREA IN GOOD REPAIR TO THE SATISFACTION OF
THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING".
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE THE SAID ORDINANCE
HEAD BY THE CITY CLERK FOR THE FIRST TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:
STRAIN,GRUBER,DUROY,BAILEY AND LrHS.NAYS'NONE.MOTION CARRIED 5 TO 0.BRIAN READ
THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND CHAPTER 204,WAUKEE MUNICIPAL CODE,BY PROVIDING IN SECTION
204.19 THAT AN EXCAVATOR SHALL MAINTAIN AN AFFECTED AREA IN GOOD REPAIR TO THE
SATISFACTORY OF THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING.
SECTION 1.AMENDMENT.SECTION 204.19,WAUKEE MUNICIPAL CODE IS HEREBY AMENDED
BY DELETING THEREFROM THE WORDS,"THE PLUMBER MUST MAINTAIN THE AFFECTED AREA I GOOD
REPAIR TO THE SATISFACTION OF THE CITY COUNCIL FOR THREE MONTHS AFTER REFILLING;"AND
INSERTING IN LIEU THEREOF,"THE EXCAVATOR MUST MAINT~IN THE AFFECTED AREA IN GOOD REPAIR I
TO THE SATISFACTION OF THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING;"SO THAT THE
SECTION WILL READ:
SECTION 204.19 EXCAVATIONS.EXCAVATIONS TO DO WORK UNDER THIS ORDINANCE
SHALL BE DUG SO AS TO OCCASION THE LEAST POSSIBLE INCONVENIENCE TO THE PUBLIC AND
TO PROVIDE FOR PASSAGE OF WATER ALONG THE GUTTER.ALL SUCH EXCAVATIONS SHALL HAVE
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PROPER BARRICADES AT ALL TIMES,AND WARNING LIGHTS PLACED FROM ONE-HALF HOUR BEFORE
SUNSET AND ONE-HALF HOUR AFTER SUNRISE.IN REFILLING THE EXCAVATION THE EARTH MUST
BE LAID IN LAVERS AND EACH LAVER TAMPED THOROUGHLV TO PREVENT SETTLEMENT,AND,
THIS WORK AND ANY STREET,SIDEWALK,PAVEMENT OR OTHER PUBLIC PROPERTY THAT IS
AFFECTED,MUST BE RESTORED TO AS GOOD A CONDITION AS IT WAS PREVIOUS TO THE
EXCAVATION.THE EXCAVATOR MUST MAINTAIN THE AFFECTED AREA IN GOOD REPAIR TO THE
SATISFACTION OF THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING.No EXCAVATION
SHALL BE MADE WITHIN SIX FEET OF ANY LAID WATER PIPE WHILE THE GROUND IS FROZEN,
AND NO WATER OR SEWER PIPE SHALL BE EXPOSED TO FROST,EXCEPT BY SPECIAL WRITTEN
PERMISSION OF THE CITY COUNCIL.
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 BE
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 COUNCIL THIS DAy OF
______DAy OF 1994.
________________,1994,AND APPROVED THIS
ATTEST:
CLAI RE L.CHEDESTER
BRIAN J.REDSHAW
BRIAN J.REDSHAW,CLERK
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO DISPENSE WITH THE RULE
REQUIRING CONSIDERATION AT TWO MEETINGS PRIOR TO THE MEETING OF FINAL ACTION AND PUT ON
FINAL PASSAGE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES.DUROY,STRAIN,GRUBER,LIHS
AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO IL
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN GRUBER,TO PUT ORDINANCE No.2186 ON
ITS FINAL PASSAGE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AVES:LIHS,DUROY,STRAIN,
GRUBER AND BAILEY.NAYS:NONE.WHEREUPON,THE MAYOR DECLARED ORDINANCE No.2186 DULY
ADOPTED AND PASSED.
ORDINANCE AMENDING SECTION 211.12.MOTION BY COUNCILMAN BAILEY TO INTRODUCE "AN
ORDINANCE TO AMEND CHAPTER 211,WAUKEE MUNICIPAL CODE,BY PROVIDING IN SECTION 211.12
THAT AN EXCAVATOR SHALL MAINTAIN AN AFFECTED AREA IN GOOD REPAIR TO THE SATISFACTION OF
THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE THE SAID
READ BY THE CITY CLERK FOR THE FIRST TIME.THE MAVOR ASKED FOR A ROLL CALL
DUORY,LIHS,STRAIN,BAILEY AND GRUBER.NAYS.NONE.MOTION CARRIED 5 TO 0.
THE FOLLOWING ORDINANCE:
ORDINANCE
VOTE:AYEs:
BRIAN READ
AN ORDINANCE TO AMEND CHAPTER 211,WAUKEE MUNICIPAL CODE,BY PROVIDING IN SECTION
211.12 THAT AN EXCAVATOR SHALL MAINTAIN AN AFFECTED AREA IN GOOD REPAIR TO THE
SATISFACTION OF THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING.
SECTION 1.AMENDMENT.SECTION 211.12,WAUKEE MUNICIPAL CODE IS HEREBY AMENDED BY
DELETING THEREFROM THE WORDS,"THE PLUMBER MUST MAINTAIN THE AFFECTED AREA IN GOOD
REPAIR TO THE SATISFACTION OF THE CITY COUNCIL FOR THREE MONTHS AFTER REFILLING;"AND
INSERTING IN LIEU THEREOF,"THE EXCAVATOR MUST MAINTAIN THE AFFECTED AREA IN GOOD REPAIR
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TO THE SATISFACTION OF THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING;"SO THAT THE
SECTION WILL READ:
SECTION 204.19 EXCAVATIONS.EXCAVATIONS TO DO WORK UNDER THIS ORDINANCE SHALL BE I
DUG SO AS TO OCCASION THE LEAST POSSIBLE INCONVENIENCE TO THE PUBLIC AND TO PROVIDE
FOR PASSAGE OF WATER ALONG THE GUTTER.ALL SUCH EXCAVATIONS SHALL HAVE PROPER
BARRICADES AT ALL TIMES,AND WARNING LIGHTS PLACED FROM ONE-HALF HOUR BEFORE
SUNSET AND ONE-HALF HOUR AFTER SUNRISE.IN REFILLING THE EXCAVATION THE EARTH MUST
BE LAID IN LAYERS AND EACH LAYER TAMPED THOROUGHLY TO PREVENT SETTLEMENT,AND
THIS WORK AND ANY STREET,SIDEWALK,PAVEMENT OR OTHER PUBLIC PROPERTY THAT IS
AFFECTED,MUST BE RESTORED TO AS GOOD A CONDITION AS IT WAS PREVIOUS TO THE
EXCAVATION.THE EXCAVATOR MUST MAINTAIN THE AFFECTED AREA IN GOOD REPAIR TO THE
SATISFACTION OF THE CITY COUNCIL FOR TWO YEARS AFTER REFILLING.No EXCAVATION
SHALL BE MADE WITHIN SIX FEET OF ANY LAID WATER PIPE WHILE THE GROUND IS FROZEN,
AND NO WATER OR SEWER PIPE SHALL BE EXPOSED TO FROST,EXCEPT BY SPECIAL WRITTEN
PERMISSION OF THE CITY COUNCIL.
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
OROINANCE 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 THERE
OF 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 COUNCIL THIS DAy OF
DAY OF ,1994.J
___________,1994,AND APPROVED THIS _
CLAIRE L.CHEDESTER
ATTESTED:
CLAI RE L.CHEDESTER
MAY 0 R
BRIAN J.REDSHAW
BRIAN J.REDSHAW,CLERK
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO DISPENSE WITH THE RULE
REQUIRING CONSIDERATION AT TWO MEETINGS PRIOR TO THE MEETING OF FINAL ACTION.THE MAYOR
ASKED FOR A ROLL CALL VOTE:AYEs:DUROY,GRUBER,LIHS,BAILEY AND STRAIN.NAYS:NONE.
MOTION CARRIED 5 TO 0.
MOTION BY BAILEY,SECONDED BY STRAIN,TO HAVE THE ORDINANCE No.2187 AMENDING 211.12 PUT
ON ITS FINAL PASSAGE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,STRAIN,
DUROY,LIHS AND GRUBER.NAYS:NONE.MOTION CARRIED 5 TO 0.WHEREUPON,THE MAYOR
DECLARED ORDINANCE No.2187 DULY ADOPTED AND PASSED.
SAHU ACRES CONCERNS.THE COUNCIL INSTRUCTED BRIAN REDSHAW TO
ASK HER TO PROVIDE INFORMATION REGARDING SAHU ACRES LAW SUIT.
ACRES WOULD LIKE IMPROVEMENTS DONE TO THE ROAD THEY WILL NEED
WORK WITH THE COUNCIL.
CONTACT JAN BLAZANIN AND
IF THE RESIDENTS OF SAHU
TO FORM A COMMITTEE TO I
PLANNING &ZONING -DUROY.COUNCILMAN DUROY SPOKE TO THE COUNCIL REGARDING LEONARD
SUBDIVISION PART II.COUNCILMAN DUROY ASKED HIS FELLOW COUNCIL MEMBERS TO REVIEW THE
INFORMATION HANDED OUT BEFORE THE NEXT COUNCIL MEETING.
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MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO CHANGE ORDINANCE FOR THE
HEIGHT REQUIREMENT TO READ AS FOLLOWS:
14FT.MAXIMIUM FOR AUXILLARY BUILDING IN A RESIDENTIAL AREA AND 2~FT.MAXIMIUM HEIGHT
FOR AUXILLARY BUILDING IN THE MOBILE HOME PARK.THE MAYOR ASKED FOR A ROLL CALL VOTE
AYES:DUROY,GRUBER,STRAIN,LIHS AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO ~.
THE PLANNING &ZONING COMMISSION ALSO DISCUSSED AND ARE MAKING A RECOMMENDATION
REGARDING ISLANDS THAT CURRENTLY EXSIST WITHIN THE CITY BE ANNEXED INTO THE CITY LIMITS.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE A MAP PREPARED WITH
THESE ISLANDS IDENTIFIED FOR THE SEPTEMBER 12TH CITY COUNCIL MEETING.THE MAYOR ASKED
FOR A ROLL CALL VOTE:AYEs:DUROY,LIHS,BAILEY,GRUBER AND STRAIN.NAYS:NONE.MOTION
CARRIED 5 TO e.
COUNCILMAN DUROY BROUGHT TO THE COUNCILS ATTENTION THE INCONSISTANCIES OF ZONING
THROUGHOUT THE CITY.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO HAVE THE PLANNING &ZONING
REPORT EXCEPTED.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:DUROY,LIHS,STRAIN,
BAILEY AND GRUBER.NAYS:NONE.MOTION CARRIED 5 TO ~.
BOONE DRIVE FEEDER MAIN.JOHN KURSITUS OF VEENSTRA &KIMM,SPOKE TO THE COUNCIL
REGARDING THE BOONE DRIVE FEEDER MAIN AND ANSWERED QUESTIONS.MOTION BY COUNCILMAN
GRUBER,SECONDED COUNCILMAN DUROY,TO HAVE VEENSTRA &KIMM NOTIFY THE DES MOINES WATER
WORKS OF THE PLAN TO PROCEED ON WITH THIS PROJECT.THE MAYOR ASKED FOR A ROLL CALL
VOTE:AYES:GRUBER,DUROY,STRAIN,BAILEY AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO ~.
BRIAN REDSHAW,CITY CLERK SPOKE TO THE COUNCIL REGARDING COMPLAINTS AND CONCERNS
REGARDING THE USE OF HEAVY EQUIPMENT AND DUMP TRUCK TRAFFIC ON 3RD STREET DURING THE
CONSTRUCTION OF WINDSOR WEST SUBDIVISION.BRIAN REDSHAW AND JOHN WESSELMANN THOUGHT THE
ROAD BY THE LAGOONS COULD BE USED BY THE CONTRACTOR TO AVOID THE USE AND POSSIBLE
BREAKUP ON 3RD STREET.MOTION BY COUNCILMAN DUROY,SECONDED BY BAILEY,TO HAVE THE
DEVELOPERS AND CONTRACTORS USE THE DIRT ROAD BY THE LAGOONS.THE MAYOR CALL FOR A ROLL
CALL VOTE:AYEs:DUROY,BAILEY,LIHS,GRUBER AND STRAIN.NAYS:NONE.MOTION CARRIED 5
TO ~.
LIBRARY REPORT ~BAILEY.COUNCILMAN BAILEY PRESENTED A LIBRARY REPORT TO THE COUNCIL.
MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN GRUBER,TO SEND FLOWERS TO LINDA
MACK'S GRANDDAUGHTERS FUNERAL.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,
GRUBER.DUROY,STRAIN AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO 0.
MAYOR'S REPORT.MAYOR CHEDESTER INFORMED THE COUNCIL OF ITEMS DISCUSSED WITH A
GENTLEMAN FROM RUAN SECURITIES REGARDING THE REDOING OF THE $725,000.TOM SAID HE FELT
HE HAD CAUGHT THE COUNCIL OFF GUARD.TOM MEHL,REPRESENTING RUAN SECURITIES WOULD LIKE
TO MEET WITH ANYBODY THAT WOULD BE INTERESTED TO BRING THEM UP TO DATE AND VISIT IN
REGARDING TO ANYTHING HAVING TO DO WITH RUAN SECURITIES.THE MAYOR WOULD LIKE TO OPEN
THIS UP TO ALL OF THE COUNCIL.
MAYOR CHEDESTER,COUNCIL MEMBERS AND ROBERT BARRETT DISCUSSED THE FINANCIAL SYSTEM THAT
IS CURRENTLY USED.
MAYOR CHEDESTER WOULD LIKE THE OPENING ON THE PARKS COMMITTEE TO BE PUT IN THE MONTHLY
NEWSLETTER IN SEPTEMBER.
MAYOR CHEDESTER AND THE COUNCIL BRIEFLY DISCUSSED THE PROBLEM WITH PARKING ON NORTHVIEW
DRIVE.
MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO MOVED THE SEPTEMBER 5TH
-44 -
COUNCIL MEETING TO SEPTEMBER
26TH.THE MAYOR ASKED FOR A
GRUBER.NAYS:NONE.MOTION
12TH AND THE SEPTEMBER
ROLL CALL YOTE,AYES'
CARRIED 5 TO 0.I
19TH COUNCIL MEETING TO SEPTEMBER
DUROY,LIHS,STRAIN,BAILEY AND
ADMINISTRATOR'S REPORT.
A.DOT COMMISSION WILL BE HOLDING A MEETING ON AUGUST 2,1994 AT 11,00AM.REGARDING ALL-
STATE GUTTER.IF ANY OF THE COUNCIL MEMBERS ARE INTERESTED IN ATTENDING THE MEETING
PLEASE LET BRIAN REDSHAW KNOW.COUNCILMAN STRAIN,SHOWED INTEREST IN ATTENDING THE
MEETING.MAYOR CHEDESTER WILL BE UNABLE TO ATTEND.
HATTERS REGARDING ANNEXATION.PAUL HUSCHER,CITY ATTORNEY,UPDATED THE COUNCIL ON
MATTERS REGARDING ANNEXATION.PAUL MADE A RECOMMENDATION FOR SOMEONE FROM THE CITY TO
CONTACT THE BOARD OF SUPERVISORS TO RECOMMEND A PERSON TO APPOINT AS A REPRESENTATIVE.
PAUL FEELS WE NEED TO HAVE SOMEONE APPOINTED THAT IS ACQUAINTED WITH THIS MATTER.
SOUTH DALLAS COUNTY LANDFILL.PAUL HUSCHER,CITY ATTORNEY,UPDATED THE COUNCIL ON
THIS MATTER.THE CITY'S CURRENT INSURER STATED THEY WILL NOT DEFEND THE CITY OR HAVE
ANYTHING TO DO WITH THIS.PAUL IS CHECKING SEVERAL AVENUES REGARDING OUR DEFENSE.
PERSONNEL COMMITTEE -LIHS.COUNCILWOMAN LIHS ASKED BRIAN IF HE WOULD LIKE TO GO
INTO EXECUTIVE SESSION.MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN DUROY,TO
.:;:.ENTER INTO CLOSED SESSION PURi!-§UANT TO IOWA CODE SECTION 21.5(C)"To DISCUSS STRATEGY
WITH COUNSEL IN MATTERS THAT ARE PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT
WHERE 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:LIHS,
DUROY,BAILEY,STRAIN AND GRUBER.NAYS'NONE.MOTION CARRIED 5 TO 0.THE COUNCIL
ENTERED CLOSED SESSION AT 10,02PM.
JMOTIONBYCOUNCILMANSTRAIN,SECONDED BY COUNCILWOMAN LIHS,TO COME OUT OF CLOSED
SESSION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,DUROY,LIHS,BAILEY,STRAIN AND
GRUBER.MOTION CARRIED 5 TO 0.THE COUNCIL LEFT CLOSED SESSION AT 10,09PM.
ADJOURNMENT.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO ADJOURN.
ON A VOICE VOTE THE MOTION CARRIED 5 TO 0.MEETING ADJOURNED AT 10,09PM.
/~;(J£;J~
CLAIRE L.tHEDESTER,MAYOR
I