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Home My WebLink About1995-08-07-Regular MinutesAugust 7,1995 Council Meeting Minutes·1 The August 7.1995 Waukee City Council meeting was called to order at 7:00pm by Mayor Chedester with Toni Lestlna laking minutes. A roll call vale was taken and the following Council members were present:Don Bailey,Jr.,Nick Gruber.Monica Lihs and Terry Strain. PLEDGE OF AllEGIANCE.Everyone recited the Pledge of Allegiance. OPEN FORUM. Jane Olson·845 Ashworth,staled she would like to speak on the Open Burning issue. Jay Oxentord •Lot 866.Mr.Oxenford would like to let the Council know that there are a lot of very happy residents in the mobile hOme park and there seems to be several restdents that are continually causing discontent and havoc in the mobile home park. Ariella Swain -Lot 763,would like to discuss the trash collect/on issue. Tom Davis •Lot 833.would like to know who Is responsible to pick up stray animals. AGENDA ADDITIONS·APPROVAL OF AGENDA.Councilman Gruber would like item #19 •Pubilc Safety Report deleted from the agenda.The Mayor asked for a voice vote.Motion carried 4 to O. CONSENT AGENDA.A}Salary and BiN Presentatlon;and B)Minutes of 7/24/95 and 7/31/95 City Council Meetings. Robert P.Barrell Gregory A.Breuer James E.De Will.Jr. David S.Dezeeuw Robert G.Evans Elizabeth A.Ford lisa M.Gukelsen-Thiele» Robert D.Herrick Howard O.Holmstrom Kenneth E.Hopper Robin R.Horkey Toni l.Lestina linda M.Mack Larry J.Phillips Timothy L.Royer Kurt A.Aueckel Joy E.Tofteland Dianna L VanZee John C.Wesselmann Danny L.While Corey M.Wilkerson Eric A.Wistrom Christal D.Zook Brenton State Bank Waukee Comm Coop Cred Unlpac Service Corp 500.44 843.24 716.28 265.14 715.47 575.22 243.04 735.25 422.05 797.67 700.46 541.55 600.53 958.16 604.78 1,090.86 538.47 582.73 907.33 867.13 424.17 214.63 159.38 4,965.32 375.00 115.00 I Treasurer -State of IA~ IPERS Total Bill Presentation AT &T Aggregate Equip &Supply AmerUs Insurance Aramark Uniform Services Baer Ag Supply Blue Cross/Blue Shieid Brittain's Standard Parts Business Record Carpenter Uniform Co. Classic Floral &Gifts Contractors Machinery Inc. Copy Systems,Inc. Dallas County News DM Register DM Water Works Ed M.Feld Equipment Co. Farmer's Coop Elevator Fuller Standard Service Gas Products Sales Great American Outdoor Gruber,Mark L. Hartman,Ron &Jane Huscher,Paul E. Huscher,Paul R. IA Dept of Commerce IA Municipalities Workers IA County Attorneys Assoc. IA Pipeline Associates Midwest Power KAR Products Kenny &Gyl Company Kirkwood Comm College Metro Uniforms Midwest Radar &Equipment Northern Natural Gas Olson Brothers Prosecuting Attorneys Quality Ford of W.D.M. R-Way Concrete Redden-Miller,Inc. The Building Inspectors Thomas Bros Traffic Marking Service August 7,1995 Council Meeling Minutes -2 1,868.22 4,574.36 $25,901.88 Long distance service Mise supplies Annual Empl Blanket Bond Entrance mat cleaning 1 qt roundup 8/1/95 premium Air tanks Business record subscrip Jacket Sympathy flowers Case loader Copier maintanence 7/95 publications Pollee officer wanted Water usage Shipping charges 7/95 purchases 7/95 purchases Mise supplies Mise parts 7/95 building permits 7/95 City Hall cieaning 8/95 retain &Annex work 7/95 annex work FY96 IA Energy &Global Installment #2 Law enforcement manual Service to 195 Co rene Monthly service Mise supplies 911 decals Water distribution Refurbish badge Genesis #G-4570 Gas usage 7/95 Olson purchases IA charging manual update Mise repairs Concrete Copier maint. 7/95 building permits Septic Service bY Coke Plant Street center line paint 5.16 179.00 421.00 65.85 40.00 7,802.22 135.90 49.00 120.00 31.50 4,500.00 20.91 663.13 163.80 10,069.10 36.50 1,449.11 58.88 1,852.44 225.19 327.00 400.00 1,436.39 147.00 745.00 1,219.00 15.00 119.07 260.50 87.67 202.00 55.00 3.00 1,633.00 7,282.45 210.05 40.00 739.38 87.75 52.09 1,800.00 780.00 4,475.00 I I August 7,1995 Council Meeting Minutes -3 United States Cellular US Postal Service US West Cellular US West Communications Uponor Aldyl Co. UlI/ity Consultants Inc. Veestra &Kimm,Inc. VISA Waste Management of Iowa Waterpro Supplies Corp Waukee Community School Waukee First Responders Waukee Hardware &Variety Waukee Mini Storage Waukee Municipal Gas Cellular service PO Box rental Monthly cellular service Monthly service Risers lab testing Services Mise supplies 7/95 Commercial service Mise parts Bus Drivers Conference registration 7/95 purchases 8/95 Storage rental Monthly gas service 130.05 8.00 31.50 147.56 1,175.45 336.00 17,831.00 704.15 258.47 147.20 506.37 70.00 266.74 45.00 28.98 Total $71,636.51 Motion by Councilwoman Uhs,seconded by Councilman Bailey,to approve the Consent Agenda.The Mayor asked for a roll call vote:Ayes:uns,Bailey,Strain and Gruber.Nays:None.Motion carried 4 to O. APPOINTMENT OF NEW COUNCil MEMBER,Motion by Councilman Strain,seconded by Councilwoman uns,to have Marilea A,Morris appointed to the Council vacancy.The Mayor asked for a roll call vote: Ayes:Strain,Lihs.Nays:Bailey.Abstain:Gruber (to avoid possible appearance of conflict of Interest or appearance of nepotism).Motion failed 2 to 1. Bill Peard -Council Candidate voiced his concern regarding several statements that were mads regarding the candidates contacting or not contact the Council members to show their interest in the vacancy. Motion by Councilman Gruber,seconded by Councilman Bailey,to have Dan Lugar be appointed to the Council vacancy.The Mayor asked for a roll call vote:Ayes:Gruber,Bailey,Uhs.Nays:Strain. Motion carried 3 to 1. Dan Lugar was sworn in by Kurt Rueckel,City Administrator,and took his Council seat at 7:33pm. ZONING AMENDMENT HEARING·BRODERICK ANIMAL CLINIC.John BroderiCk wishes to have the property rezoned for an animal clinic and dog kennel faCility. This issue has passed the Planning and Zoning Commission -the surrounding property owners have been notified,and a notice has been published in the ne.wspaper. Motion by Councilman Bailey to Introduce "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 (AGRICUl ruRAL DISTRICn TO C-l (COMMUNITY COMMERCIAL DISTHICn,AND AMENDING THE OFFICIAL ZONING MAP TO SHOW HE-ZONING. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to read the ordinance tor the tirst time, title only,The Mayor asked for a roll call vote:Ayes:Lihs,Gruber,Bailey,Strain and lugar.Nays: None.Motion carried 5 to O.Kurt read the following Ordinance in title only. L. August 7.1995 Council Meeting Minutes -4 ORDINANCE NO._ 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)TO C-1 (COMMUNITY COMMERCIAL DISTRICT);AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. Motion by Councilman Bailey.seconded by Councilman Strain.to waive the second and third reading. Councilman Bailey withdrew his motion. COMPUTER BIDS.The City has received a quote for a lap top computer as well as the bids for a new computer system.A new computer system will greatly enhance the efficiency of the staff at City Hall. The new software and printer will also enhance the prolessionalism 01 our documents that are produced. In the near luture with this system we could have direct deposit of utility bills.bar coding.and other features as well. This is a top 01 the line system with very powerful computers -it should last at ieast five years which equates $18 per day. Motion by Councilwoman l.lhs,seconded by Councilman Bailey.to accept the low bid for $18.928.00 from PCNET Services.Inc.The Mayor asked for a roli call vote;Ayes:Llhs,Bailey,Strain.Lugar and Gruber.Nays:None.Motion carried 5 to O. Motion by Councilwoman l.lhs.seconded by Councilman Bailey.to accept the bid of $4,400.00 from Precision for software conversion.The Mayor asked for a roll call vote:Llhs,Bailey.Lugar,Gruber and Strain.Nays:None.Motion carried 5 to O. OPEN BURNING ORDINANCE.This issue has been discussed a number 01 times.Kurt Rueckel,City Administrator has tried to incorporate some of the consensus that were addressed at the last Council meeting Into an alternate ordinance. Jane Olson.845 Ashworth.voice a concern with section 212.1 (A)Chimney or Stack.Any flue, conduit or duct permitting the discharge or passage 01 air contaminants into the open air.or constructed or arranged lor this purpose.a minimum of 14 feet in height;and section 212.2 (C) Chimney or Stack.This ordinance shall not apply to the burning 01 Inorganic materials or paper done in a chimney or stack as defined above. Motion by Councilman Bailey,seconded by Councilwoman l.lhs,to strike Section 212.1 (A)and Section 212.2(C)Irom the Open Burning Ordinance.The Mayor asked lor a roll call vote;Ayes:Bailey.Llhs, Lugar.Nays:Strain and Gruber.Motion carried 3 to 2. Motion by Councilman Bailey.seconded by Councilman Gruber,to have the Clerk read the Open Burning Ordinance for the third time in title oniy.The Mayor asked for a roll call vote:Ayes:Bailey,Gruber. Strain and Lugar.Nays:l.lhs.Motion carried 4 to 1.Kurt read the follOWing ordinance in title only. Ordinance No._IANORDINANCETOAMENDCHAPTER212,WAUKEE MUNICIPAL CODE.RESTRICTION OF OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA.BY DELETING CHAPTER 212 AND August 7,1995 Council Meeting Minutes -5 INSERTING IN LIEU THEREOF REVISED AND SUBSTITUTED ORDINANCE RESTRICTINGOPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA. Motion by Councilman Gruber,seconded by Councilman Bailey,to put the Open Burning Ordinance on its final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Bailey,Lugar and Strain.Nays: Lihs.Motion carried 4 to 1. The Mayor declared the following Ordinance duly passed and adopted. ORDINANCE NO.2205 AN ORDINANCE TO AMEND CHAPTIER2t2,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 ORDINANCERESTRICTING OPEN BURNING WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA.SEE "ORDINANCE BOOK". MOBILE HOME PARK ORDINANCE.There are two ordinances proposed -t)the one that has been previously discussed and 2)an alternate ordinance putting the setbacks at fifteen feet.stating where the measurements should be taken from,and allowing setbacks to differ no more than one or two feet. If the setback is changed to 15 feet some language is needed about differences in setbacks,otherwise ij could be up to 5 feet. Several residents present voiced their approval of this ordinance. Motion by Councilman Bailey,seconded by Councilman Gruber to have add the following:The individual mobile home lot shall contain not less than four thousand two hundred sevsnty-nve (4,275)square feet and shall measure at ieast torty-tlve (45)by ninety-five (95)feet.The Mayor asked for a roll call vote:Ayes:Bailey,Gruber,Strain,Lihs and Lugar.Nays:None.Motion carried 5 to O. Motion by Councilman Bailey to Introduce "AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY AMENDING SECTION 301.15(E)(4),"R-6"MOBILE HOME TO PROVIDE FOR MINIMUM SEPARATION OF MOBILE HOMES AND OTHER BUiLDINGS AND STRUCTURES. Motion by Councilwoman uns,seconded by Councilman Bailey,to read the Mobile Home Park Ordinance in title only by the City Clerk.The Mayor asked for a roil cail vote:Ayes:Lihs.Bailey.Strain.Lugar and Gruber.Nays:None.Motion carried 5 to O. ORDINANCE NO.,_ AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY AMENDING SECTION 301.5(E)(4),"R-o MOBILE HOME TO PROVIDE FOR MINIMUM SEPARATION OF MOBILE HOMES AND OTHER BUILDINGS AND STRUCTURES. Pat Perry -Lot 832 -stated that several Council members told her husband,Herb,this ordinance would not be rushed through by waiving the second and third readings. Motion by Councilman Gruber,seconded by Councilman Bailey,to waive the second and third readings of the Mobile Home Park Ordinance.The Mayor asked for a roil cail vote:Ayes:Gruber,Bailey,Lugar, L1hs and Strain.Nays:None.Motion carried 5 to O. The Mayor vetoed the motion citing there are to many problems In the mobile home park to be resolved August 7,1995 Council Meeting Minutes -6 and the ordinance should be on a full second and third reading.IMotionbyCouncilmanBailey,seconded by Councilman Lugar,to put the Mobile Home Ordinance on its final passage.The Mayor asked for a roll call vote:Ayes:Bailey,Lugar,Strain,Lihs and Gruber. Nays:None.Motion carried 5 to O. Mayor Chedester provided the Council with written veto. Motion by Councilman Gruber,seconded by Councilman Lugar to override the veto.The Mayor asked for a roll call vote:Gruber,Lugar,Strain,Lihs and Baiiey.Nays:None.Motion carried 5 to O. Motion by Councilman Gruber,seconded by Councilman Lugar,to put the Mobile Home Ordinance on its final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Lugar,Bailey,Lihs and Strain. Nays:None.Motion carried 5 to O. Mayor Chedester deciared Ordinance No.2206 duly adopted and passed. ORDINANCE NO.2206 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY AMENDING SECTION 301.15(E)(4),"R-6"MOBILE HOME TO PROVIDE FOR MINIMUM SEPARATION OF MOBILE HOMES AND OTHER BUILDINGS AND STRUCTURE.SEE ORDINANCE BOOK. SOLID WASTE COLLECTION AND RECYCLING ORDINANCE.This ordinance encorporates the City's current ordinance;prohibits dumping of garbage,or tampering of containers;established the fees,mandates participation for all dwellings of three units or less;gives the City of Waukee the exclusive right or their contractor the exclusive right to have trash pick up at dwellings of threes units or less,sets penalty for late payment,allows a lien to be filed for non-payment,etc. 1 J Edna Rhiner -Lot 767,voiced concern with being a snowbird and paying for garbage collection in the winter when she is traveling. The Council and Mayor received a letter and petition again the Mobile Home Park participating in the Solid Waste Collection and Recycling Ordinance. Motion by Councilman Gruber,seconded by Councilman Bailey,to receive the tetter and petition.The Mayor asked for a voice vote.Motion carried 5 to O. Motion by Councilwoman Lihs,to introduce "AN ORDINANCE ADOPTING CHAPTER 213A OF THE MUNICIPAL CODE OF THE CITY OF WAUKEE,PROVIDING FOR THE ASSESSING OF FEES OR CHARGES FOR THE COLLECTION,PROCESSING AND MARKETING OF SOLID WASTE AND RECYCLABLE MATERIALS WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA. Motion by Councilwoman Lihs,seconded by Councilman Gruber to have the City Attorney read the Solid Waste Collection and Recycling Ordinance for the first time.The Mayor asked for a roll call vote: Ayes:Lihs,Gruber,Lugar and Strain.Nays:Bailey.Motion carried 4 to 1.The City Attorney read the ordinance in title only. ORDINANCE NO.~_I August 7,1995 Council Meeting Minutes -7 AN ORDINANCE ADOPTING CHAPTER 213A OF THE MUNICIPAL CODE OF THE CITY OF WAUKEE, PROVIDING FOR THE ASSESSING OF FEES OR CHARGES FOR THE COLLECTION,PROCESSING AND MARKETING OF SOLID WASTE AND RECYCLABLE MATERIALS WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA. Motion by Councilwoman Lihs,seconded by Councilman Strain,to waive the second and third readings. The Mayor asked for a roll call vote:Ayes:L1hs,Strain,Lugar and Gruber.Nays:Bailey.Motion carried 4 to 1. Motion by Councilwoman Lihs,seconded by Councilman Strain,to put the Solid Waste Collection and Recycling Ordinance on its final passage.Councilwoman Lihs withdrew her motion. Motion by Councilman Gruber,seconded by Councilwoman Lihs,to add the lollowlng:any partial payments made on delinquent accounts shall be prorated to the charges on the utility bill for natural gas,water,sewer,garbage and recycling services In the same ratio as each utility charge bears to the total bill,and strike the fifteen days after due.The Mayor asked for a roll call vote:Ayes:Gruber, Lihs,Lugar,Bailey and Strain.Nays:None.Motion carried 5 to O. Motion by Councilwoman uns,seconded by Councilman Strain,to put Ordinance No.2207 on its final passage.The Mayor asked for a roll call vote:Ayes:Lihs,Strain,Gruber and Lugar.Nays:Bailey. Motion carried 4 to 1. Mayor Chedester declared Ordinance No.2207 duly adopted and passed. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to have Kurt Rueckel look at the Gas, Water and Sewer shut off policies.The Mayor asked for a roll call vote:Ayes:t.tns,Gruber,Bailey, Lugar and Strain.Nays:None.Motion carried 5 to O. Motion by Councilman Gruber,seconded by Councilwoman uhs,to suspend the 4 hour limit The Mayor asked for a roll call vote;Ayes;Gruber,Llhs,Lugar,Bailey and Strain.Nays:None.Motion carried 5 to O. 2ND,3RD,AND 5TH STREET STREET PROJECTS.John Kursitls,Veenstra &Kimm,gave the Council and Mayor a written report regarding the znd,sro,and 5th street projects.They will look over the report and put this item on the August 21st Council meeting agenda. Motion by Councilwoman Llhs,seconded by Councilman Strain,to accept the report on the znd,3rd,and 5th street projects.The Mayor asked for a voice vote,Motion carried 5 to O. CURB RAMP BIDS.The Public Works Department was asked to seek bids on the replacement of the remaining curb ramps.They have received two bids as of now. Motion by Councilman Gruber,seconded by Councilwoman Lihs,to accept the lOw bid of $8.797.50 from Minnick.The Mayor asked for a roll call vote:Ayes:Gruber,Llhs,Strain and Lugar.Nays:Bailey. Motion carried 4 to 1. FIRE CODE ORDINANCE.Motion by Councilwoman Lihs,seconded by Councilman Gruber,to have the second reading of the Fire Code Ordinance in title only.The Mayor asked for a roll call vote;Ayes: Lihs,Gruber,Lugar,Bailey and Strain.Nays:None.Motion carried 5 to O. ORDINANCE NO.__ August 7,1995 Council Meeting Minutes -8 AN ORDINANCE TO AMEND SS222.3(5)UNIFORM FIRE CODE AND THE UNIFORM FIRE CODE STANDARDS OF THE WAUKEE,IOWA,BUILDING CODE BY REPEALING THE UNIFORM FIRE CODE 1991 EDITION AND ADOPTING THE UNIFORM FIRE CODE 1994 EDITION PRESCRIBINGREGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND/OR EXPLOSION AND PROVIDING FOR THE ISSUANCE'S OF PERMITS FOR HAZARDOUS USES OR OPERATIONS. MAYOR'S REPORT. COMMITTEE APPOINTMENTS.The Mayor appointed the Council members to the following committees:Terry Strain -Planning &Zoning Commission;Dan Lugar -Utilities Committee; and Monica Lihs -Parks Committee. ATTORNEY'S REPORT.None. LIBRARY REPORT.The Council received a written report.Councilman Bailey briefly updated the Council on the activities of the uorary. Motion by Councilman Strain,seconded by Councilman Bailey,to receive the Library report.The Mayor asked for a voice vote.Motion carried 5 to O. ENGINEER'S REPORT.John Kursitls,Veenstra &Kimm,updated the Council regarding the Hickman Road Trunk Sewer and let them know they would be startin9 on the estimate for running water to the residents of Waco Piace. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to received the Engineer's report.The Mayor asked for a voice vote.Motion carried 5 to O.I ADMINISTRATOR'S REPORT.Kurt Rueckel,City Administrator,handed out a written report on the reimbursements of the engineering fees and stated that second notice letters will be goin9 out to the Developers before the next Council meeting. Kurt also would like to verify the training and travel policy with the personnel committee sometime in the near future. Motion by Councilman Bailey,seconded by Councilwoman Lihs,to adjourn at 11:42prn.The Mayor asked for a voice vote.Motion carried 5 to O. Attested:~L~Claire L.Chedester,Mayorv<--~( >Kurt A.Rueckel,City Clerk 1