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HomeMy WebLinkAbout1994-09-12-Regular Minutes-52 - THE SEPTEMBER 12,1994 WAUKEE CITY COUNCIL REGULAR MEETING WAS CALLED TO ORDER AT 6:45PM.AT CITY HALL BY MAYOR CHET CHEDESTER WITH BRAIN REDSHAW TAKING MINUTES. A ROLL CALL VOTE WAS TAKEN AND THE FOLLOWING NAMED CITY COUNCIL MEMBERS WERE PRESENT:] DON BAILEY,JR.,FRANK DUROY,NICK GRUBER AND TERRY STRAIN.COUNCILWOMAN LIHS WAS ABSENT. PERSONNEL COMMITTEE -LIHS.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO ENTER INTO CLOSED SESSION PURSUANT TO IOWA CODE SECTION 21.51cl "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: AYES'DUROY,BAILEY,STRAIN AND GRUBER.NAYS:NONE.ABSENT,COUNCILWOMAN LIHS. MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO COME OUT OF CLOSED SESSION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES'GRUBER,STRAIN,BAILEY AND DUROY. NAYS:NONE.ABSENT:COUNCILWOMAN LIHS.THE COUNCIL LEFT CLOSED SESSION AT 6:57PM. AGENDA ADDITIONS THE FOLLOWING AGENDA ITEMS ARE TO BE DELETED DELETED.ITEM 126 WILL NEED TO BE DELETED. CARRIED 4 TO 0 ON A VOICE VOTE. FROM THE AGENDA.ITEM 123 WILL NEED TO BE THE MAYOR ASKED FOR A VOICE VOTE.MOTION LEAGUE ALTERNATE VOTING DELEGATE.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO APPOINT BOB BARRETT TO BE THE LEAGUE ALTERNATE VOTING DELEGATE TO THE LEAGUE CONVENTION ON SEPTEMBER 14TH THRU 16TH IN DUBUQUE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,STRAIN,DUROY AND GRUBER NAYS:NONE.MOTION CARRIED 5 TO 0.]PUBLIC SAFETY COMMITTEE. NORTHVIEW PARKING ~POLICE CHIEF PHILLIPS HAS NO PARKING DURING RUSH HOURS ALONG NORTHVIEW DRIVE FROM FIRST STREET TO WARRIOR LANE.AFTER A BRIEF DISCUSSION,THIS IS BEING DONE ON A TEMPORARY BASIS. JOHN THORNE -90 NORTHVIEW DRIVE,PRESENTED THE COUNCIL WITH A PETITION AGAINST CHANGING THE PARKING PATTERNS ALONG NORTHVIEW DRIVE.THE PETITION HAS FOURTEEN SIGNATURES. MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN BAILEY,TO RECEIVE THE PETITION AND DIRECT THE CHIEF OF POLICE AND MR.GRUBER TO BRING THE COUNCIL THEIR RECOMMENDATIONS ON OCTOBER 3RD COUNCIL MEETING.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 4 TO 0 ON A VOICE VOTE. PART-TIME HELP -POLICE CHIEF PHILLIPS IS REQUESTING TO HIRE A PART-TIME POLICE OFFICER TO COVER FOR A POLICE OFFICER THAT IS ON LEAVE.IN THE MEANTIME THE POLICE OFFICER ON LEAVE HAS RESIGNED BECAUSE A ILLNESS THAT IS GOING TO REQUIRE SURGERY AND MAYBE MORE. MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN BAILEY,TO APPROVE THE REQUEST THE COUNCIL MEMBERS RECEIVED BY LETTER FROM THE CHIEF OF POLICE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:STRAIN,BAILEY,DUROY AND GRUBER.NAYS,NONE.MOTION CARRIED 4 TO 0. UTILITIES COMMITTEE -LIHS.COUNCILWOMAN LIHS AS ABSENT.IMAYOR'S REPORT.THE MAYOR SPOKE BRIEFLY TO THE COUNCIL REGARDING THE FUTURE DES MOINES WATER RATES.THERE WAS A BRIEF QUESTION AND ANSWER SESSION. BRIAN REDSHAW IS TO CHECK WITH POLICE CHIEF PHILLIPS REQARDING THE STORM WARNING SYSTEM. -53 - MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN BAILEY,TO GIVE THE WAUKEE CAMPFIRE APPROVAL FOR ADOPTION OF HIGHWAY 6.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 4 TO 1'1. AD~INISTRATOR'S REPORT.BRIAN SPOKE TO THE COUNCIL REGARDING THE WINDFIELD DEVELOPMENT. NEWSLETTER -THE MAYOR WOULD LIKE TO HAVE A SET TIME OF THE MONTH FOR THE NEWSLETTER PUBLICATION. BRATNEY -BUILDING PERMIT EXTENSION.BRIAN BRIEFED THE COUNCIL ON THIS MATTER. MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO DIRECT THE CITY ATTORNEY TO SEND A LETTER REGARDING AGREEMENT WITH BRATNEY ON REQUIREMENTS ON TIME LIMITATION ON COMPLETION OF THE BUILDING.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY, GRUBER AND STRAIN.NAYS:NONE.MOTION CARRIED 4 TO 1'1. MIKE BRELSFORD -WATER METER CHANGEOUT.CHUCK WENT IN TO DO A WATER METER CHANGE OUT FOR THE WAUKEE AUTO WASH.THERE IS A PROBLEM WITH SOME LEAKAGE AND MR.BRELSFORD IS REQUESTING APPROVE FROM THE COUNCIL FOR THE CITY TO PAY FOR REPAIRS OF THE AREAS THAT ARE LEAK ING. MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO HIRE A PLUMBER TO FIX THE PIPE THAT IS LEAKING AT THE CITY'S EXPENSE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES. BAILEY,STRAIN,DUROY AND GRUBER.NAYS:NONE.MOTION CARRIED 4 TO 1'1. PUBLIC WORKS -WESSEL~ANN.JOHN UPDATED THE COUNCIL ON THE ACTIVITIES BE UNDERTAKEN BY THE MAINTENANCE DEPARTMENT. MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN STRAIN,TO APPROVE THE PURCHASE A GRAVEL EDGER AT A COST OF $2,1'11'11'1TO$2,51'11'1.THE MAYOR ASKED FOR A ROLL CALL VOTE: AYES:GRUBER,STRAIN,BAILEY AND DUROY.NAYS:NONE.MOTION CARRIED 4 TO 1'1. METER READING AGREEMENT -JOHN WESSELMANN INFORMED THE COUNCIL ON THE COST OF MAINTENANCE READING METERS AND HAVING PNG CONTRACT THE METER READING.JOHN WOULD LIKE TO FREE UP THE TIME OF THE MEN IN MAINTENANCE SO THEY CAN FOCUS ON CHANGING OUT ALL THE METERS IN TOWN. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO ACCEPT THE PAIIL'S VFRSION OF THE PNG CONTRACT WITH A ONE YEAR STIPULATION.AFTER A BRIEF QUESTION AND ANSWER SESSION,THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,GRUBER AND STRAIN.NAYS: BAILEY.MOTION CARRIED 3 TO 1. MAYOR CHEDESTER VETOED THE MOTION CITING HE WOULD LIKE TO SEE THIS PURSUED LOCALLY. WAYNE ERDMAN -WATER HOOKUP.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO SEND A LETTER TO DES MOINES WATERWORKS ASKING PERMISSION fOR THE CITY Of WAUKEE CAN SERVICE MR.ERDMAN'S PROPERTY.THE CITY WILL NOT PARTICIPATE IN THE COSTS OF THE WATER SERVICE HOOKUP.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY, GRUBER AND STRAIN.NAYS:NONE.MOTION CARRIED 4 TO 1'1. JOHN WESSELMANN ALSO INfORMED THE COUNCIL THAT THERE WOULD BE PAVEMENT REPAIRS ON UNIVERSITY AT THE RAILROAD CROSSINGS WITHIN THE NEXT SEVERAL WEEKS. SOUTH DALLAS COUNTY LANDfILL.PAUL HUSCHER,WAUKEE CITY ATTORNEY,INfORMED THE COUNCIL ON THE STATUS Of THIS ITEM. -54 - MATTERS REGARDING ANNEXATION.PAUL HUSCHER,WAUKEE CITY ATTORNEY,ANSWERED QUESTIONS FROM THE GUESTS ON THIS MATTER.MARSHA SCHMIDT ASKED ABOUT THE SPECIAL LOCAL COMMITTEE. THE CITY WILL NEED TO CONTACT THE BOARD OF SUPERVISORS ABOUT APPOINTING REPRESENTATIVES.1MOVEDBYCOUNCILMANBAILEY,SECONDED BY COUNCILMAN GRUBER,TO APPOINT RAY CLARK AND MARSHA SCHMIDT TO BE APPOINTED REPRESENTATIVES FOR THE CITY OF WAUKEE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYEs:BAILEY,GRUBER,DUROY AND STRAIN.NAYS:NONE.140TlON CARRIED 4 TO 0. OPEN FORUM. MARSHA SCHMIDT SPOKE TO THE COUNCIL REGARDING HER WATER DEPOSIT ADJUSTMENT TO WAUKEE RATES.BRIAN WILL NEED TO CONTACT DES MOINES WATER WORKS REGARDING THIS ADJUSTMENT. MARY WHITE -670 BOONE DRIVE.MARY ASKED THE MAYOR ABOUT THE SCHEDULING OF A INFORMATIONAL MEETING ON THE BOONE DRIVE PAVING PROJECT.BRIAN WILL CHECK WITH VEENSTRA &KIMM REGARDING THE SCHEDULING OF THIS MEETING AND GET BACK TO THE RESIDENTS AFFECTED. BOB TRISSEL -SENT A LETTER TO THE MAYOR REGARDING THE 4 HOUR LIMIT ON CITY COUNCIL MEETINGS.THE READ THE LETTER TO THE COUNCIL. GUESTS: JEFF DOWNING -REZONING REQUEST.JEFF DOWNING SPOKE TO THE COUNCIL IN REGARD TO TO TAKE UP THE REZONING ISSUE AND THE PLATTING OF HIS DEVELOPMENT.IF MR.·DOWNING WOULD LIKE TO TRY TO SPP.ED THIS PROCESS ALONG. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCIL STRAIN,TO DISPENSE WITH THE RULE ] REQUIRING CONSIDERATION AT TWO MEETING PRIOR TO THE MEETING OF FINAL ACTION.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 4 TO 0 ON A VOICE VOTE. MOVED BY COUNCILMAN BAILEY,SECONDED BY COUNCIL GRUBER,TO SET OCTOBER 3, 7:0~PM.FOR THE REZONING HEARING FOR ENTERPRISE BUSINESS PARK AND SUNRISE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,GRUBER,DUROY AND STRAIN. MOTION CARRIED 4 TO ~. 1994 AT MEADOWS.THE NAYS:NONE. HERB PARRY -MIDWEST MOBILE HOME COURT.MR.PARRY THANKED THE COUNCIL FOR THE ACTION BEING TAKEN AT THE PAST COUNCIL MEETINGS.MR.PARRY ALSO UPDATED THE COUNCIL ON THE CURRENT SITUTAION AND RESPONSES FROM THE OWNERS OF THE TRAILER PARK AND THE BUILDING INSPECTORS.THE COUNCIL HAD A BRIEF DISCUSSION WITH MR.CONLIN THE REPRESENTATIVE FROM THE MOBILE HOME PARK.MR.CONLIN IS TO REPORT BACK TO THE CITY COUNCIL AT THE SEPTEMBER 26TH MEETING AT 7:00PM. THE MAYOR WOULD LIKE THIS MATTER TURNED OVER TO THE COUNTY ATTORNEY. MARCIA KNAACK -BP94-0319,SPOKE TO THE COUNCIL REGARDING THE BUILDING INSPECTORS NOT REPORTING VIOLATIONS IN THE MOBILE HOME PARK. SOCCER TOURNMENT -SEPT.23RD,24TH AND 25TH.BOB BARRETT SPOKE TO THE COUNCIL ASKING PERMISSION TO USE PICNIC TABLES AND TRASH CANS DURING THE SOCCER TOURNAMENT. ALSO FOR APPROVAL FROM THE COUNCIL REGARDING PLACEMENT OF CONCESSION STAND ON THE EAST SIDE OF THE HIGH SCHOOL AS HAS BEEN DONE IN THE PAST.IMOTIONBYBAILEY,SECONDED BY DUROY,TO THEY CAN TO ACCOMODATE THIS TOURNAMENT. CARRIED 4 TO 0 ON A VOICE VOTE. HAVE THE CITY MAINTENANCE DEPARTMENT DO WHATEVER THE MAYOR ASKED FOR A VOICE VOTE.MOTION -55 - MOTION A TENT ITEMS. BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO APPROVE A VENDOR TO SETUP ON CITY PROPERTY FOR THE TOURNAMENT.THIS VENDOR WOULD BE SELLING SOCCER RELATED THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 3 TO 1 ON A VOICE VOTE. RAY CLARK -LIBRARY SIGN.RAY CLARK SPOKE TO THE COUNCIL REGUESTING PERMISSION TO PLACE A TEMPORARY SIGN IN THE NE CORNER OF THE LIBRARY PROPERTY. MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN STRAIN,TO APPROVE A TEMPORARY SIGN FOR THE WAUKEE PUBLIC LIBRARY.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 4 TO 0 ON A VOICE VOTE. CONSENT AGENDA.MOVED BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN GRUBER,TO APPROVE THE CONSENT AGENDA ITEMS (A)TREASURER'S REPORT;(B)BILL PRESENTATION ($136,759.24); (Cl MINUTE ApPROVAL 7/25 AND 8/1;TENT PLACEMENT QUASQUICENTENNIAL -BETWEEN OLD BANK AND WAUKEE HARDWARE STORE;(E)BOB TRISSEL -PARK COMMITTEE ApPOINTMENT AND (F)BRIAN ANDREW -WATER LINE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:STRAIN,GRUBER,DUROY AND BAILEY.NAYS:NONE.MOTION CARRIED 4 TO 0. VENDOR AT &T ALEXANDER BATTERY Co ANNEAR EQUIPMENT INC. ARATEX SERVICES,INC. ARCHER TV &ApPLIANCE ARNOLD MOTOR SUPPLY ATLANTIC BOTTLING Co BAKER &TAYLOR BOOKS BANKERS TRUST COMPANY BARBARA CLARK MIMS Assoc BEISSER'S LUMBER Co BLUE CRoss/BLUE SHIELD BORDER'S BOOK SHOP BRODART Co BUSINESS RECORD CARPENTER UNIFORM CONTRACTORS MACHINERY INC COpy SYSTEM,INC CULLIGAN DEMCO DES MOINES PAPER &SUPPLY DES MOINES WATER WORKS DITCH WITCH-IoWA ELECTRO-SERV,INC ELECTRONIC ENGINEERING Co FULLER STANDARD SERVICE GAS PRODUCTS SALES GROEBNER &Assoc GRUBER,MARK HARTMAN,RON FASTPRO INTERNATIONAL HOTSY CLEANING SERV HUSCHER,PAUL E. HUSCHER,PAUL R. PURPOSE LONG DISTANCE SERVICE BATTERIES SUPPLIES MAT CLEANING TV REPAIR ESTIMATE MISC.PARTS VENDING MACHINE SUPPLIES MATERIALS MONTHLY P &I DEPOSIT GUNSHOT &STAB WOUNDS EAST DOORS 9/1/94 TO 10/1/94 MATERIAL CASSETTE POUCHES BUSINESS RECORD SUBSCRIPTION UNIFORMS FUEL FILTER,FILTER COPIER MAINTENANCE BOTTLED WATER SUPPLI ES GARBAGE BAGS WATER USAG( NUTS,LI NK,ADJUSTMENT CIRCUIT REPAIR MONTHLY PAGING 8/94 PURCHASES METERS GAS PIPE 8/94 BUILDING PERMITS 8/94 CITY HALL CLEANING HYDROSEP ADDITIVE TOGGLE SWITCH 9/94 RETAINER 8/94 PROFESSIONAL SERVICE AMOUNT $27.06 286.50 455.00 78.68 24.95 86.30 199.80 18.20 37,867.00 270.00 364.80 1,206.73 50.96 18.75 39.95 142.85 18.48 39.30 19.80 106.09 63.50 16,073.39 14.76 135.71 124.10 225.92 6,956.52 2,462.80 486.00 425.00 87.60 7.40 500.00 60.00 IA Assoc OF CHIEFS IA MUNICIPALITIES WORKERS INGRAM LIBRARY SERVICES IA COMMUNICATIONS NETWORK IA DEPT OF TRANSPORTATION IA MACHINERY &SUPPLY IA PIPELINE Assoc. MIDWEST POWER IA ONE CALL J.P.COOKE Co JIM'S JOHNS K's MERCHANDISE KRAGEL,WADE LAU,DEB LEAK SPECIALISTS LEASE CONSULTANTS CORP LG I MACK,LINDA MADISON NATIONAL LIFE MENARDS MIDNIGHT PUBLISHING MIDWEST RADAR &EQUIP Moss BROTHERS,INC MUNICIPAL SUPPLY MUIlILLO,VICTOIl NATL CRIME PREVENTION NEWMAN TRAFFIC SIGNS NORTHERN NATURAL GAS OLSON BIlOTHERS PAUL'S PEST CONTROL PERFECTION CORP PHYSIO-CONTROL CORP PITNEY BOWES INC PRECISION COMPUTER SYSTEM QUALI TY FORD QUILL CORP GENEX RAD 10 SHACK RAINKING Co REDDEN-MILLEIl INC SAFETy-KLEEN CORP SECIlETARY OF STATE SENECA DISTIlIBUTION SEIlV THE BUILDING INSPECTORS TOYNE'S IA FIRE TRK SERV TRAFFIC MARKING SERV TRINITY PRESS INTERNATIONAL TRIPLETT OFF ESSENTIALS UNITED STATES CELLULAR US ENEilGY SERVICES,INC US POSTAL SERVICE US WEST CELLULAR US WEST COMMUNICATIONS UNIVERSITY PHOTO UTILITY CONSULTANTS -56 - IACPPO,INC DUES 8/95 INSTALLMENT #3 INVOICES 7/1 TO 7/31 SERVICE MISC SUPPLIES FILTEIl MISC WORK MONTHLY SERVICE 7/94 SERVICE LICENSE TAGS 8/94 TOILET RENTAL POLAROID CAMERA 3 SQUARE SOD BANK DIRECTOR LEAK SURVEY COPIER PAYMENT #17 WATER TESTING EXPENSES 9/94 PREMIUM PVC UNION PRINTING RADAR REPAI R GUAIlD,SECTION SUPPLY AMMUNITION HAUNTED HOUSE SIGNS NATURAL GAS 8/94 PURCHASES PEST CONTROL PSV,B/F XMD 41PS PAPEIl-ECG METEIl RENTAL WOIlKSTATION MISC REPAIIlS SUPPLI ES OXYGEN &ACETYLENE TAPES SPRINKLER REPAIR MONTHLY COPIEIl MAINT CLEANING SUPPLIES NOTARY PUBLIC RENEWAL DIAPHRAM 8/94 BUILDING PERMITS HOOLIGAN TOOL,LIGHTS STREET PAINTING MATERIAL SUPPLI ES CELLULAR SERVICE NATURAL GAS ROLL OF STAMPS MONTHLY SERVICE MONTHLY SERVICE FILM PROCESSING 8/94 TESTING SERVICES 15.00 1,429.80 551.33 1.83 606.73 84.00 416.73 5,033.83 46.50 33.97 40.00 79.91 35.43 150.00 472.00 72.31 128.25 102.69 213.40 10.11 179.20 129.70 163.72 1,681.31 100.00 244.92 1,532.68 6,758.05 523.52 45.00 615.98 69.00 59.25 208.00 589.21 74.00 95.43 31.99 22.65 104.68 71.50 120.00 13.75 2,515.00 230.00 4,510.00 27.53 58.91 151.94 14,979.35 29.00 30.50 749.24 4.85 200.00 J VALLEY PLUMBING Co VAN-WALL EQUIP,INC VEENSTRA &KIMM,INC VISA WASTE MANAGEMENT OF IOWA WATERPRO SUPPLIES CORP WAUKEE ELECTRONICS WAUKEE HAROWARE &VARIETY WAUKEE MINI STORAGE WAUKEE MUNICIPAL GAS WEARGUARD WITYK,DEBRA TOTAL -57 - 8"TO 12"TAP MOWER PARTS &REPAIR SERVICES SEMINAR EXPENSES 8/94 SERVICES SUPPLIES &SERVICES TAPE REPAIR 8/94 PURCHASES 9/94 STORAGE RENTAL GAS SERVI CE 8 SHIRTS 8/94 LIBRARY CLEANING 1,910.00 108.74 8,489.23 443.25 742.47 304.50 23.00 230.83 45.00 21.26 233.02 120.00 $136,759.24 DRAIN BACKUP ORDINANCE.MOTION BY COUNCILMAN DUROY,TO INTRODUCE "AN ORDINANCE TO AMEND CHAPTER 222 AND THE UNIFORM PLUMBING CODE ADOPTED BY REFERENCE AND MADE A PART THEREOF,NOW THE UNIFORM PLUMBING CODE STANDARDS OF THE WAUKEE,IOWA,BUILDING CODE BY ADDING SECTION 906 (C)REQUIRING BACKWATER OR SWING CHECK VALVES ON ALL SANITARY SEWER DRAINS IN THE CITY OF WAUKEE,DEFINING LIMITS AND MAKING CERTAIN DELETIONS, MODIFICATIONS AND AMENDMENTS THERETO. MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO HAVE THE SAID ORDINANCE READ BY THE CITY CLERK FOR THE FIRST TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE. BAILEY,DUROY,STRAIN AND GRUBER.MOTION CARRIED 4 TO 0.BRIAN READ THE FOLLOWING ORDINANCE: AN ORDINANCE TO AMEND CHAPTER 222 AND THE UNIFORM PLUMBING CODE ADOPTED BY REFERENCE AND MADE A PART THEREOF,NOW THE UNIFORM PLUMBING CODE STANDARDS OF THE WAUKEE,IOWA,BUILDING CODE BY ADDING SECTION 906 (C)REQUIRING BACKWATER OR SWING CHECK VALVES ON ALL SANITARY SEWER DRAINS IN THE CITY OF WAUKEE,DEFINING LIMITS AND MAKING CERTAIN DELETIONS,MODIFICATIONS AND AMENDMENTS THERETO. SECTION 1.SECTION 906 UNIFORM PLUMBING CODE AND THE STANDARDS OF THE WAUKEE,IOWA,BUILDING CODE AMENDMENTS. BY ADDING THE FOLLOWING SUBSECTION: UNIFORM PLUMBING CODE SECTION 906 IS HEREBY AMENDED C.DRAINAGE PIPING TO SANITARY SEWER.ALL DRAINING PIPING AT ITS CONNECTION TO SANITARY SEWER DRAIN IN THE CITY OF WAUKEE SHALL BE PROTECTED FROM BACKFLOW OF SEWAGE BY INSTALLATION OF AN APPROVED TYPE BACKWATER OR SWING CHECK VALVE. SECTION 2.REPEALER.IN ANY CASE WHERE THE PROVISIONS OF THIS ORDINANCE,THE UNIFORM FIRE CODE,OR OTHER ORDINANCES OF THE CITY OF WAUKEE,SHALL BE FOUND TO BE IN CONFLICT,AND IN WHICH STATUTES OF THE STATE OF IOWA DO NOT CONTROL,THE PROVISION WHICH ESTABLISHES THE HIGHER STANDARD FOR THE PROMOTION AND PROTECTION OF THE SAFETY OF PERSONS AND PROPERTY SHALL PREVAIL. 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. -58 - 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 ,1994,AND APPROVED THIS DAY OF ,1994.] CHET CHEDESTER ATTESTED,CLAIRE L.CHEDESTER MAY 0 R BRIAN J.REDSHAW BRIAN J.REDSHAW,CITY CLERK A-1 TO R-2 REZONING (HAWBAKER).MOTION BY COUNCILMAN DUROY,SECONDED COUNCILMAN BAILEY,TO HAVE SAID ORDINANCE READ BY THE CITY CLERK FOR THE SECOND TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,DUROY,BAILEY,STRAIN AND GRUBER.NAYS:NONE.MOTION CARRIED 4 TO 0 BRIAN READ THE FOLLOWING ORDINANCE, AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAI PROPERTY THEREIN FROM 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 CHANGING THE FOLLOWING 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: THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 34 TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,EXCEPT THE WEST 660 FEET OF THE NORTH 575 FEET,CITY OF WAUKEE, DALLAS COUNTY,IOWA. SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THE 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 12TH DAY OF SEPTEMBER, 1994,AND APPROVE THIS 12TH DAY OF SEPTEMBER,1994. ATTESTED:CLAIRE L.CHEDESTER -59 - MAY 0 R BRIAN J.REDSHAW,CITY CLERK MOTION BY 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:DUROY,BAILEY,GRUBER AND STRAIN.NAYS,NONE MOTION CARRIED 4 TO 0. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO PUT ORDINANCE No.2189 "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNCIIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-1 (AGRICULTURAL DISTRICT)TO R-2 (ONE AND TWO FAMILY RESIDENTIAL DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING"UPON ITS FINAL PASSAGE AND ADOPTION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,STRAIN,GRUBER AND BAILEY.NAYS:NONE.MOTION CARRIED 4 TO 0.WHEREUPON,THE MAYOR DECLARED ORDINANCE #2189 DULY ADOPTED AND PASSED. A-1 TO R-4 REZONING (HAWBAKER).MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO HAVE SAID ORDINANCE READ BY THE CITY CLERK FOR THE SECOND TIME.THE MAYOR ASKED FOR A ROLL CALL VOTE,AYES:DUROY,BAILEY,STRAIN AND GRUBER.NAYS,NONE.MOTION CARRIED 4 TO 0.BRIAN READ THE FOLLOWING ORDINANCE, 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 FROM A-1 (AGRICULTURAL DISTRICT)TO R-4 (ROW DWELLING AND CONDOMINIUM DWELLING 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 CHANGING THE FOLLOWING DESCRIBED REAL ESTATE FROM A-1 (AGRICULTURAL DISTRICT)TO R-4 (Row DWELLING AND CONDOMINIUM DISTRICT),AND THAT THE OFFICIAL ZONING MAP BE MADE TO REFLECT SUCH AMENDMENT: THE WEST 660 FEET OF THE NORTH 575 FEET OF THE WEST ONE- HALF OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE, DALLAS COUNTY,IOWA. SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDININACE 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. -60 - PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS 12TH DAY OF SEPTEMBER, 1994.AND APPROVED THIS 12TH DAY OF SEPTEMBER,1994.I ATTESTED: B CLAI RE L.CHEDESTER MAY 0 R MOTION Y COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,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,BAILEY,GRUBER AND STRAIN.NAYS'NONE.MOTION CARRIED 4 TO 0. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO PUT ORDINANCE No.2190 ON ITS FINAL PASSAGE.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES'DUROY,GRUBER,BAILEY AND STRAIN.NAYS'NONE.WHEREUPON,THE MAYOR DECLARED ORDINANCE No.2190 DULY ADOPTED AND PASSED. REVISED GRADING PLAN (WINDFIELD).PAT SHEPARD,CIVIL ENGINEERING CONSULTANTS,SPOKE TO THE COUNCIL REGARDING A REVISION TO THE GRADING PLAN IN WINDFIELD.MR.SHEPARD UPDATED AND HAD A BRIEF DISCUSSION WITH THE COUNCIL MEMBERS. MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO APPROVE THE REVISED GRADING PLAN IN WINDFIELD SUBDIVISION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES: BAILEY,DUROY,SIRAIN AND GRUBER.NAYS:NONE.MOTION CARRIED 4 TO 0. LEONARD'S SUBDIVISION.Russ HUSTETTLER,WOULD LIKE VERIFICATION ON A VARIANCE FOR WHETHER OR NOT THEY CAN GO WITH PROFILE PAVING WITH OPEN DITCHES OR A CURB AND GUTTER SYSTEM WITH A STORM SEWER. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO APPROVE THE SUBDIVISION SUBJECT TO CONFIRMATION OF THE PLANNING &ZONING COMMISSION RECOMMENDATION OF 8" WATERLINE AND CURB AND GUTTER.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY, BAILEY,STRAIN AND GRUBER.NAYS'NONE.MOTION CARRIED 4 TO 0. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO APPROVE THE SUNSET RIDGE SUBDIVISION SUBJECT TO CONFIRMATION OF THE PLANNING &ZONING COMMISSION RECOMMENDATION OF 8"WATERLINE AND CURB AND GUTTER.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY, STRAIN,BAILEY AND GRUBER.NAYS:NONE.MOTION CARRIED 4 TO 0. LAND SALE TO BILL Rossi MILO ANDERSON.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO SET A HEARING ON OCTOBER 3RD AT 7.00PM.,AT CITY HALL.THE MAYOR ASKED FOR A ROLL CALL VOTE.AYES.BAILEY,STRAIN,DUROY AND GRUBER.NAYS:NONE.MOTION CARRIED 4 TO 0. RICK Ross SPOKE TO THE COUNCIL REGARDING CHUCK Ross'DRIVEWAY.AFTER A BRIEF DISCUSSION,MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN GRUBER,TO APPLY TO MR. SAMSON REGARDING CHUCK Ross'DRIVEWAY.THE MAYOR ASKED FOR A ROLL CALL VOTE,AYES: STRAIN,GRUBER,DUROY AND BAILEY.NAYS.NONE.MOTION CARRIED 4 TO 0.) ALICE'S ROAD PROJECT ACCEPTANCE.MOVED BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN -61 - GRUBER,TO ACCEPT THE PROJECT AS A RECOMMENDED BY OUR ENGINEERING FIRM AND ALLOW THE RELEASE OF $11,735.78 RETAINAGE.THE MAYOR ASKED FOR A ROLL CALL VOTE.AYES.BAILEY, GRUBER,DUROY AND STRAIN.NAYS'NONE.MOTION CARRIED 4 TO fl. i.LIBRARY REPORT -BAILEY.COUNCILMAN BAILEY SPOKE TO THE COUNCIL REGARDING LIBRARY BUSINESS.MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN DUROY,TO ACCEPT THE LIBRARY REPORT.THE MAYOR ASKED FOR A ROLL CALL VOTE,AYES.STRAIN,DUROY,BAILEY AND GRUBER.NAYS,NONE.MOTION CARRIED 4 TO fl. PLANNING &ZONING -DUROY.Al LYN SHAFER -PUT A APARTMENT IN AN EXSISTING BUILDING; BI JEFF DOWNING -REZONED;AND cl REVISED ZONING ORDINANCE.COUNCILMAN DUROY DISCUSSED THESE ITEMS WITH HIS FELLOW COUNCIL MEMBERS. THE MAYOR RECOGNIZED BOB BARRETT FOR COMPLETION OF HIS CLERK'S CLASS. MOTION BY COUNCILMAN FOR 3fl MINUTES.THE STRAIN.NAYS.NONE. GRUBER,SECONDED BY COUNCILMAN DUROY,TO EXTEND MAYOR ASKED FOR A ROLL CALL VOTE.AYES.GRUBER, MOTION CARRIED 4 TO fl. THE COUNCIL MEETING DUROY,BAILEY AND MOVED BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN BAILEY,TO ENTER INTO CLOSED SESSION PURUSUANT TO IOWA CODE SECTION 21.5 (cl "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,AYES,GRUBER,BAILEY,STRAIN AND DUROY.NAYS'NONE.THE COUNCIL ENTERED INTO CLOSED SESSION AT 1l,12PM. MOVED BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO AMEND THE INVOLUNTARY ANNEXATION PETITION BY ELIMATING ANY ISLAND.THE MAYOR ASKED FOR A ROLL CALL VOTE, AYES,DUROY,STRAIN,BAILEY AND GRUBER.NAYS,NONE.MOTION CARRIED 4 TO fl., '---- MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN GRUBER,TO DIRECT THE MAYOR TO MEET WITH MR.CLARK TO SELECT A PERSON TO RECOMMEND TO MR.LANGFORD.THE MAYOR ASKED FOR A ROLL CALL VOTE.AYES.STRAIN,GRUBER,DUROY AND BAILEY.NAYS'NONE.MOTION CARRIED 4 TO fl. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO ADJOURN AT 11,15PM.THE ASKED FOR A VOICE VOTE.MOTION CARRIED 4 TO fl ON A VOICE VOTE. ATTEST. ~CHET CHEDESTER,MAYOR r