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)