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HomeMy WebLinkAbout1995-04-17-Regular Minutes192 The April 17,1995 Waukee City Council meeting was called to order at 7:00 pm by Mayor Chet Chedester with Toni Lestina taking minutes. Pledge Of Allegiance.Everyone in attendance recited the Pledge of Allegiance. A roll call vote was taken and the following City Council members were present:Don Bailey,Jr.,Frank Duroy,Nick Gruber,Monica Lihs and Terry Strain.Absent:None. Open Forum.Mayor Chedester spoke to the Citizens in the audience telling them to feel free to express their opinions pro or con. Agenda Additions.Delete #15 -Permission to purchase patrol car.Add 1 item to the bill presentation -U.S.Energy Service $17,852.79.The Mayor asked for a voice vote. Motion carried 5 to 0. Consent Agenda.A)4/3/95 and 4/11/95 Minutes;B)Salary and Bill Presentation. Motion by Councilman Strain,seconded Councilman Bailey,to approve the Consent Agenda. The Mayor asked for a roll call vote,Ayes:Strain,Bailey,Gruber,Lihs and Duroy. Nays,None.Motion carried 5 to 0. The Salary List is as follows: Donald L.Bailey,Jr. Jean M.Ballinger Robert P.Barrett Gregory A.Breuer Claire L.Chedester Charles G.Christianson James De Witt,Jr. Franklin D.Duroy Robert G.Evans Elizabeth A.Ford Lisa M.Gukeisen-Thielen Nicholas C.Gruber Don C.Henson Robert D.Herrick Howard O.Holmstrom Kenneth E.Hopper Robin R.Horkey Harry N.Jones Toni L.Lestina Monica E.Lihs Linda M.Mack Larry L.Phillips Clint H.Robinson Timothy L.Royer Kurt A.Rueckel Terry L.Strain Scott L.Thomas Joy E.Tofteland Dianna L.Van Zee John C.Wesselmann Danny L.White Christal D.Zook 40.79 57.56 500.91 905.94 5.87 754.85 373.31 46.17 822.28 619.70 188.98 46.17 46.17 498.35 337.02 563.73 615.12 820.74 522.39 46.17 559.93 934.71 46.17 604.93 1,067.69 46.17 583.29 505.47 559.12 879.63 815.54 141.91 193 Waukee Corom Coop Unipac Service Corp Brenton State Bank Brenton State Bank 502.81 115.00 5,402.43 212.24 TOTALS $20,789.26 Bill List is as follows: Aratex Services,Inc Arnold Motor Supply Baker &Taylor Books Banknote Printing,Inc. Best Buy Company,Inc. Bob Brown Chevrolet Border's Book Shop Brenton State Bank Brenton State Bank Brenton State Bank Business Communications Classic Floral &Gifts Dallas County News Dallas County Recorder Dawson Deco Engineering Products DEMCO DM Asphalt and Paving Co DM Register DM Water Works Farmer's Coop Elevator Fuller Standard Service Gall's Inc. Gas Products Sales Gukeisen-Thielen,Lisa Harvey,Bill Fastpro International,Inc Hopper,Kenneth E. IA Association Ingram Library Services IA Communications Network IA Dept of Transportation IA Methodist Med Cntr Midwest Power IA One Call James W.Bell Co KAR Products Lease Consultants Corp Mack,Linda M. Martin Marietta Aggreg Michelson,Charlie Midnight Printing MPH Industries Municipal Supply Entrance mat cleaning Disc brake pads Material Printing GO notes Material Parts Material Police petty cash Transfer tax receipts Police petty cash Radio repair Plant 3/95 publications Grubb Constr agreement Material Valve position indicator Catalog card,labels,etc. Misc.supplies Subscription Water usage 3/95 Purchases 3/95 Purchases Camera,cassette recorder Adapters 3/95 expenses Refund First aide supplies Seminar expense Gas leak workshop Material 2/95 ICN service Lathes Drug test Monthly service 3/95 service Compressor repair Misc.parts Lease payment #24 3/95 expenses Road stone Supplies for bookbin Film &newsletter Radar repair Meter parts (2) 41.32 13.56 110.72 491.78 172.69 13.48 48.95 100.00 78,974.02 100.00 1,614.30 38.33 182.40 11.00 49.24 83.46 253.41 203.87 44.20 11,527.52 968.16 232.16 180.91 43.37 28.86 15.00 31.30 53.23 275.00 291.59 3.38 10.24 82.50 442.23 90.10 330.17 46.13 72.31 209.42 204.94 265.44 198.72 281.27 2,879.05 1 I 194 Net Iowa Inc Old Dominion Brush Olson Brothers Outdoor Recreation Prod Oxford University Press Payless Cashways,Inc. Presto X Company Quality Ford Genex R.C.Booth Enterprises Radio Shack Redden-Miller,Inc. Simmering-Cory,Inc. Spring Valley Radio Corp Stitzell Electri Supply Toyne's IA Fire Trk US Energy Services,Inc US Postal Service US Postal Service US Postal Service US West Communications U of I Hygienic Lab Univ Oklahoma Press Utility Consultants Inc. VISA Washpointe Autowash Waste Management of Ia Waukee Hardware &Variety Waukee Municipal Gas Wityk,Debra 3/95 Ins service Lift cable 3/95 purchases Playventure,Playbooster Material Concrete mix Pest control Replace starter Oxygen &acetylene Tam books Misc.parts Staples for copier Urban Renewal Plan Pagers Repair Southfork lights Refurbish 1978 pumper Service Roll of stamps Post office box rental Postage for meter Monthly service 1st qtr testing Material Lab testing Travel seminar 3/95 auto washes Container pickup 3/95 Purchases Gas Service 3/95 Library cleaning Total 30.00 49.23 668.82 26,630.00 31.64 17.90 21.50 232.27 22.63 42.19 47.36 6.25 1,870.00 1,715.00 118.66 11 ,692.50 17 ,852.79 32.00 13.00 346.90 82.69 99.00 19.69 240.00 198.00 36.40 758.00 128.92 160.24 120.00 $164,548.31 Special Bill Presentation -Northern Natural Gas.Motion by Councilman Bailey, seconded by Councilman Gruber to approve the Special Bill Presentation for the amount of $22,246.74.The Mayor asked for a roll call vote:Ayes:Bailey,Gruber,Strain and Lihs.Nays:None.Abstain:Duroy.Motion carried 4 to 0. The special bill list is as follows: Northern Natural Gas Northern Natural Gas NNG Reservation fee NNG Reservation fee Total 11,533.87 10,712.87 $22,246.74 Enterprise Business Park Construction Plans.John Kursitis,Veenstra &Kimm,Inc., spoke to the Council regarding the Enterprise Business Park Construction Plans.He assured the Council the plans are in proper order. Motion by Councilman Gruber,seconded by Councilman Duroy,to approve the Enterprise Business Park Construction Plans as submitted.The Mayor asked for a roll call vote: Ayes:Gruber,Duroy,Lihs,Strain and Bailey.Nays:None.Motion carried 5 to 0. (3 ) 195 Sunrise Meadows Construction Plans.John Kursitis,Veentra &Kimm,Inc.,reviewed the Sunrise Meadows Construction Plans and spoke to the Council assuring them the plans are in proper order. Motion by Councilman Gruber,seconded by Councilman Duroy,to approve the Sunrise Meadows Construction Plans as submitted.The Mayor asked for a roll call vote,Ayes, Gruber,Duroy,Bailey,Strain and Lihs.Nays,None.Motion carried 5 to 0. Westgate Construction Plans.John Kursitis,Veentra &Kimm,Inc.spoke to the Council regarding the Westgate Construction Plans.Mr.Kursitis stated that the Westgate Construction Plans are satisfactory.Mr.Kursitis would like noted that the Developer should require full right-of-way of the drive to enter onto Highway 6.A portion of the drive would be located on Mrs.Hinkson property. Councilman Strain would like noted that there is a letter on file from a Southfork resident wanting the City to be responsible for retention ponds in the Southfork Development. The Council directed the Kurt Rueckel,City Administrator,to contact Mrs.Hinkson to inform her that the City of Waukee is not asking her for an easement for the drive in Westgate Development. Motion by Councilman Duroy,seconded by Councilman Gruber, Construction Plans.The Mayor asked for a roll call vote, Strain and Bailey.Nays,None.Motion carried 5 to 0. to approve the Westgate Ayes,Duroy,Gruber,Lihs, Woods Deannexation.Brian Redshaw sent a letter to the Mayor,Council and City Administrator stating the reasons for deannexation.Brian spoke on behalf of Dr.Ronald and Dorothy Woods who are requesting the deannexation of their property located at 700 N.W.142nd Street.The main reason for this request is to enhance the salability of the property,because they perceive the immediate prospects of extending sewer looks better in Clive than in Waukee. J The Council expressed their appreciation to Dr.and Mrs.Woods who have been very active in the community and have given back both financially and through their volunteer efforts. In the event that this request is denied,Dr.and Mrs.Woods would respectfully request a timetable for access to the Waukee Sewer System with the inclusion of specific dates. The gross taxes for this property are $5063 which would be increased significantly if a single-family housing or townhouse development project were approved.Mrs.Woods stated the increased values would greatly benefit the Waukee Community School District and help finance plans for a new high school. Open Burning Ordinance.It was discussed that the immediate metropolitan area does not allow burning,and Waukee is quickly becoming part of it.The point that there are certain people who suffer greatly when people burn leaves,etc.and that some studies show there are carcinogens in the smoke of burning leaves,was also brought up.IOntheotherhand,the Council discussed that people have been burning leaves for years, and that many people have numerous trees and bagging the leaves will be very expensive, that if limited,the smoke will not bother people that often,and that such burning is no different or no more harmful than car exhaust or fire places. The following citizens spoke to the Council regarding the Open Burning Ordinance: (4) 196 Jim Phillips -240 Be1-Aire Drive.Jim spoke in regard to the financial hardship this burning ordinance will place on the residents of Waukee.He would like to see a two to three week burning period in the spring and in the fall. Muriel Boone -805 Ashworth. does not feel she should have elses leaves.In past years, Mrs.Boone stated she has no trees on her property and to take on the financial responsibility to bag someone she has burnt the leaves on her garden area. June Andeberg -660 6th Street.Mrs.Andeberg stated that the the residents to keep the appearance of their properties neat. in place there will be some residents that will not be able to their yards neat and tidy. City has always wanted If this ordinance is put afford or want to keep Bart Weller -840 -4th Street.Trying to get a time schedule and have the schedule enforced would be difficult.The other issue is the health issue,which is the biggest issue. Councilman Duroy has done some checking with other towns and advised the Council of their procedures. Kurt Rueckel and Staff will check into all alternatives. Councilman Duroy introduced "AN ORDINANCE TO AMEND CHAPTER 212,WAUKEE MUNICIPAL CODE, RESTRICTION OF OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA,BY DELETING CHAPTER 212 AND INSERTING IN LIEU THEREOF REVISED AND SUBSTITUTED ORDINANCE RESTRICTING OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA". Motion by Councilwoman Lihs,seconded by Councilman Duroy,to have the said ordinance read by the City Clerk.The Mayor asked for a roll call vote:Ayes:Lihs,Duroy, Strain,Bailey and Gruber.Nays:None.Motion carried 5 to 0.The Clerk read the following ordinance: ORDINANCE NO._ AN ORDINANCE TO AMEND CHAPTER 212,WAUKEE MUNICIPAL CODE,RESTRICTION OF OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA,BY DELETING CHAPTER 212 AND INSERTING INLIEU THEREOF REVISED AND SUBSTITUTED ORDINANCE RESTRICTING OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA. BE IT ORDAINED by the Council of the City of Waukee: Section 1.Amendment.chapter 212,Waukee Municipal Code,Restriction of Open Burning Within the City Limits of the City of Waukee,Iowa,Chapter 212,is hereby amended by deleting Chapter 212 and inserting in lieu thereof the following: Section 212.1 Definition of Terms. A.Chimney or Stack.Any flue,conduit or duct permitting the discharge of passage of air contaminants into the open air,or constructed or arranged for this purpose. B.Open Burning.Any burning of combustible materials wherein the products of combustion are emitted into the open air without passing through a chimney or stack. (5 ) 197 C.Recreational Fires.Open flames for cooking,heating,recreation and ceremonies,providing visible emissions.No person shall allow cause or permit the emission of visible air comtaminates of a density or shade equal to or darker than designated as No.2 on the Ringelmann Chart or 40%capacity into the atmosphere from any equipment internal combustion engine,premise,fire,open fire or stack. I Section 212.2 Open Burning Prohibited.No person shall kindle or maintain any bonfire ore refuse fire or burn any paper or similar combustible debris, including plants,leaves or vegetable matter,or authorize any such fire to be kindled or maintained on any private land within the boundaries of the City of Waukee,except the following: A.Fire Places and Grills.This ordinance shall not apply to indoor or outdoor fire places and barbecue grills used solely for entertainment purposes or the preparation of food for human consumption. B.Organic Fire in Agricultural Areas. organic fires in agricultural areas fires within 1,000 feet of any land This ordinance shall not zoned A-l as long as there zoned other than A-i. apply to are no C.Variance.Open burning of materials not excepted herein upon application to and variance granted by the City Administrator,after consultation with the Fire Chief of the City of Waukee.Each application for a variance shall contain the following: 1.The name,address and telephone number of the person submitting the application or,if such person is a legal entity,the name and address of the individual authorized to accept service or process on its behalf and the name of the person in charge of the premises where such open burning is to be conducted. 2.The type of business or activity involved. 3.The nature of the materials to be burned in the open including the type,quantity,and method of ignition and estimate of the time required to complete the open burning is to be conducted. 4.The exact location of the proposed open burning site. 5.The reason(s)for considering that compliance with the prohibition of open burning will produce serious hardship without equal or greater benefits to the public,and the reason why no other reasonable method or disposal can be used without resulting in a hazard to health or property. 6.The signature of the person making the application,following the affirmation that all statements are true and correct. D.Bonfires.A person may kindle or maintain a bonfire or authorize such fire to be kindled or maintained,if such person firsts obtains a permit or the authorization from the Fire Chief of the City of Waukee,or his authorized agent,if the following conditions are met:I (6) 19B 1.Such person is an authorized city employee operating under the authority of the city to conduct such a fire. 2.The purpose of the fire is the instruction of public employees in the methods of fire fighting. 3.The purpose of the fire is to instruct employees in the methods of fire fighting on private property used for industrial purpose. 4.The purpose of the fire is for public gatherings under legitimate sponsorship of civil,fraternal,regligious,education,or similar organization. Section 212.3 Conditions.Any permit granted above requires that a reliable water supply,under pressure,msut be available by hose line within 20 feet of the burn site.Burning may not take place under any circumstances when the wind is in excess of 15 M.P.H.or any burning bans are inplace by the city,county or state. Section 212.4 Control of Fire.All fires permited under this ordinance shall be constantly attended and controlled by a competent person or persons until such fire is entirely extinguished and no such fire shall be started within thirty (30)feet of any combustible wall,fence, building or structure. Section 212.5 Penalty.Any person,firm,corporation violating any prOV1S10ns of this ordinance shall be guilty of a simple misdemeanor and upon conviction thereof,shall be punished by a fine not exceeding one hundred dollars ($100),or imprisonment not exceeding thirty days. Each day upon which such violation occurs after a notice shall constitute a separate violation. Section 212.6 Nuisance.Any condition which fails to comply with the health standards set forth in the aforementioned rules may be declared a nuisance by the health officer or by a council resolution and may be abated in the manner set by ordinance for health insurances. Section 212.7 Severability.If any section,provision,or part of this ordinance shall be adjudged to be 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 212.8 Effective Date.This ordinance shall be in effect after its final passage,approval,and publication as required by law. Section 2.Repealer.All ordinances or parts of ordinances in conflcit 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,provisions,or part thereof not adjudged invalid or unconstitutional. (7 ) 199 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 day of _ 1995,and approved this day of ,1995. Claire L.Chedester Attested:Claire L.Chedester MAYOR Kurt A.Rueckel Kurt A.Rueckel,City Clerk Metro Bus Service -Rueckel.At the request of Councilman Duroy,the City Administrator contacted the Des Moines Metropolitan Transit Authority,about possible bus service to Waukee.This was last discussed by the City Council early in 1992. The three proposals that were presented are as follows. Proposal #1 -is for weekday commuter service and would cost the City about $14,000 annually. Proposal #2 -is for midday service (mainly for grocery or retail shopping)and would cost the City about $4,200 annually. Proposal #3 -is for Saturday service (mainly for grocery or retail shopping) and would cost the City about $3,650 annually. Motion by Councilman Gruber,seconded by Councilman Bailey,to explore all options and seek funding for the Metro Bus Service in Waukee.The Mayor asked for a roll call vote: Ayes:Gruber,Bailey,Duroy,Lihs and Strain.Nays:None.Motion carried 5 to 0. Solid Waste/Recycling Bids.After a lengthy discussion which involved representatives from Waste Management and Artistic,Inc,motion by Councilman Duroy,seconded by Councilman Gruber to solicit new bids for the collection and disposal of Residential solid waste and recyclable materials.The Mayor asked for a roll call vote.Ayes: Duroy,Gruber,Strain and Bailey.Nays.Lihs.Motion carried 4 to 1. Public Hearing-Budget Amendment.Motion by Councilman Bailey,seconded by Councilman Gruber,to set the Public Hearing for Budget Amendment on May 15,1995 at 7.00pm at City Hall,410 -6th Street.The Mayor asked for a roll call vote:Ayes.Bailey,Gruber, Strain,Lihs and Duroy.Nays:None.Motion carried 5 to 0. Broderick Water Easement.This item has been tabled until the May 1st Council Meeting.The Council would like Police Chief Phillips to attend. 28E Agreement.A number of 28E Agreements were brought to the Council's attendtion. It was recommended by the Council to review all 28E Agreements one by one to update and to make any changes that are necessary. Mayor's Report.The Dallas County Development guide was placed in all the Council members packets.ITheWaukeeSchoolhaspublishedanewschoolbrochure. Engineer's Report -John Kursitis.John updated the Council on the April 13th meeting with the property owners and Contractors along the Hickman Road Trunk Sewer. (8) 200 Library Report -Bailey.Councilman Bailey presented a written report to the Council. Motion by Councilman Bailey,seconded by Councilman Duroy,to accept the Library report. the Mayor asked for a voice vote.Motion carried 5 to 0. Currently there are two (2)opening on the Library Board and one (i)opening on the Utilities Committee. Utilities Committee Report -Lihs.Councilwoman Lihs presented a written report to the Council.Motion by Councilman Duroy,seconded by Councilman Strain,to accept the written report.The Mayor asked for a voice vote.Motion carried 5 to 0. Public Safety Report -Gruber.Motion by Councilman Gruber,seconded by Councilman Bailey,to accept the Public Safety Report.The Mayor asked for a voice vote.Motion carried 5 to 0. Administrator's Report. RECYCLING DUMPSTER -Kurt Rueckel met with Terry Brooks last week to discuss the recycling dumpster.Terry Brooks will be talking with the Board of Supervisors about getting permission to put two or more recycling dumpsters out there.Kurt sent a letter to Waste Management cancelling the contract with them as of June 4,1995.This should save the City at least $3,500 a year. RECYCLING BINS -The opening of bids for che recycling containers will be on Thursday, April 20,1995 at 10:00 am.The Utility Committee chose green as the bin color. COUNTY GARAGE -John Wesselmann and Kurt Rueckel met with Brad Skinner the County Engineer about the City taking over the County garage on Ashworth Drive.There are a number of possible options that the City can do to make it happen.The County has no real need for this shed anymore,and the City would benefit from its use for the storage of park equipment and/or gas equipment.The Council did not vote but generally felt that they did not see the City taking over this garage. STREETS -John Wesselmann,William Forbes and Kurt Rueckel met last week to discuss some of the roads that are in desperate need of repair.Before going to the Street Committee,should we look into the possibility of doing special assessment projects for Northview (from the five way to fourth street)and replacing the whole street with concrete;and for second and third streets,replacing with concrete as well.The Council felt that this should be brought up at the Goal Planning Session,but did not decide if special assessments would be a good idea. MOBILE HOME PARK -Kurt has received a letter from Joe Brick about changing the front yard set backs throughout the mobile home park.This will be brought to the next Planning &Zoning Commission. Public Works Report -Wesselmann. PARKS DEPARTMENT -The Public Works Department as started the excavation of the playground equipment area.The first day of equipment installation has been slated for Monday,April 17. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to enter into closed session pursuant to Iowa Code Section 21.51(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,Ayes:Lihs,Gruber,Strain, Bailey and Duroy.Nays:None.Motion carried 5 to 0. (9) 201 The Council came out of closed session at 10:56pm. The Council entered into closed session at 10:40pm. Motion by Councilman Gruber,seconded by Councilwoman Lihs,to have the City Attorney decide to either file a motion to intervene or appeal the City of Clive's recent filing to the development board.Upon roll call the following Council members voted.Ayes: Gruber,Lihs,Duroy,Bailey and Strain.Nays:None.Motion carried 5 to 0. Motion to adjourn at 10:58 by Councilman Duroy,seconded by Councilman Gruber.Upon a voice vote the motion passed 5 to 0. Attested:Claire L .'Chedester,Mayor Kurt A.Rueckel,City Clerk I I (10)