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HomeMy WebLinkAbout1996-05-06-Regular MinutesThe May 6,1996 Waukee City Council meeting was called to order at 7:02pm by Mayor Donald L.Bailey,Jr.,with Toni Lestina taking minutes.IRollCall.A roll call vote was taken and the following Council members were present:Nick Gruber,Robyn Heath,Monica Lihs,Dan Lugar,and Terry Strain. Open Forum -None. Agenda Additions -Agenda Approval.Motion by Councilman Gruber,seconded by Councilwoman Lihs,to approve the agenda with the addition of item #21 C -closed session and the deletion of items #11 -Final Plat -Koethe Subdivision;item #12 -Acceptance of Laurel Street -Construction;and item #13 -Acceptance of Laurel Street -Deed.The Mayor asked for a voice vote.Motion carried. Consent Agenda -A)4/15/96 &4/18/96 Council Minutes;B)Salary &Bill Presentation;C) Kum &Go -Beer Permit;and D)Piccadilly Pizza -Beer Permit.Motion by Councilman Gruber,seconded by Councilman Strain,to approve the consent agenda.The Mayor asked for a roll call vote:Ayes:Gruber,Strain,Heath,Lihs,and Lugar.Nays:None.Motion carried 5 to O. Salary list for April 15,1996 Donald L.Bailey,Jr. Robert P.Barrett Gregory A.Breuer James E.De Witt,Jr. David S.DeZeeuw Robert G.Evans Elizabeth A.Ford Lisa M.Gukeisen-Thielen Nicholas C.Gruber Robyn R.Heath Don C.Henson Robert D.Herrick Kenneth E.Hopper Robin R.Horkey Toni L.Lestina Monica E.Lihs Daniel W.Lugar Linda M.Mack Terence P.McNamara Larry J.Phillips Clint H.Robinson Timothy L.Royer $218.43 $520.61 $1,030.54 $692.41 $686.06 $738.58 $604.38 $276.25 $50.79 $46.17 $60.00 $624.82 $806.79 $708.30 $593.03 $46.17 $46.17 $608.86 $616.62 $1,020.93 $60.03 $724.69 1 Nathan G.Ruble Kurt A.Rueckel Terry L.Strain Joy E.Tofteland Dianna L.Van Zee John C.Wessel mann Danny L.White Brenton Bank Telco Community Credit Union Clerk of District Court Total Salary list for April 30,1996 Jean M.Ballinger Robert P.Barrett Gregory A.Breuer James E.DeWitt,Jr. David S.DeZeeuw Robert G.Evans Elizabeth A.Ford Lisa M.Gukeisen-Thielen Robert D.Herrick Kenneth E.Hopper Robin R.Horkey Toni L.Lestina Linda M.Mack Terence P.McNamara Larry J.Phillips Timothy L.Royer Nathan G.Rubie Kurt A.Rueckel Joy E.Tofteland Dianna L.Van Zee John C.Wessel mann Danny L.White Christal D.Zook Brenton Bank Telco Community Credit Union Clerk of District Court Treasurer -State of Iowa $197.82 $1,155.68 $46.17 $547.17 $512.86 $71.77 $690.77 $5,448.56 $1,515.00 $124.10 $21,090.53 $11.52 $520.61 $956.05 $614.86 $711.15 $873.99 $604.38 $287.32 $717.75 $882.91 $725.18 $593.03 $608.86 $716.98 $1,020.93 $724.69 $234.38 $1,155.68 $547.17 $462.86 $71.77 $696.40 $32.70 $5,466.39 $1,565.00 $124.09 $1,991.80 2 IPERS IPERS Total May 6,1996 Bill Presentation A &W Electrical Alistate Gutter American Speedy Printing Aramark Uniform Services Awards Galiery Bankers Trust Company Bituminous Materials Blue Cross/Blue Shield Business Communications Channing L.Bete Co.,Inc. Copy Systems,Inc. Crawford &Company Creative Printers,Inc. Dalias County Auditors Dalias County Miliwork DesMoines Register DM Water Works Emergency Medicai Prod Feslers Inc. Gali's Inc. Gruber,Mark L. Hartman,Ron &Jane Fastpro International,Inc. Huscher,Paul E. Huscher,Paul R. MidAmerican Energy IAOne Cali Madison National Life MCI Midwest Business Products Midwest Office Technology Office Depot,Inc. Olson Brothers Precision Computer System Presto-X Company Progress Business Publication Quality Ford of W.D.M. $2,196.11 $2,581.53 $27,696.09 Siren motor control Downspout extension Receipt books Entrance mat cleaning Award plaque/master plaque ext Monthly P &I deposit Crack sealing material Monthly premium Siren repair/replace channel element Coloring books Monthly copier maintenance Insurance deductible -Betts Newsletter/shelter reserv form 11/7/95 general election Door wllock &dead bolts Bidding notice for Rescue Vehicle Monthly usage Medtime enroute Light bar parts Misc.supplies 4/96 building permits 4/96 City Hali cleaning First aide supplies 5/96 retainer/Landfili Professional services Monthly usage 3/96 IA One-Cali Service 5/96 premium Long distance services Copy paper Typewriter ribbons Name plate,HON chair,door locks 4/96 purchases,8 tires Users Group meeting 4-17 Monthly pest control Subscription Misc.repair/maintenance 3 I ~ $363.09 $15.00 $174.95 $46.26 $79.55 $35,285.00 $814.00 $9,817.73 $112.00 $278.20 $25.14 $500.00 $280.00 $1,004.39 $449.20 $50.75 $8,258.53 $350.00 $259.00 $512.86 $3,008.25 $400.00 $15.70 $775.00 $60.00 $5,282.81 $53.40 $222.75 $5.40 $48.60 $59.65 $267.40 $2,199.05 $80.00 $21.50 $195.50 $539.23 R &T Specialty,Inc. Redden-Milier,Inc. Service Saw &Tool Corp Sioux Sales Company Spry Auto Parts &Service T &T Sprinkler Service The Building Inspector United States Cellular US Energy Services,inc. US West Cellular US West Communications University Photo Veenstra &Kimm,Inc. VISA Waukee Fire Association Waukee Hardware &Variety Waukee Mini Storage Waukee Municipal Gas Total DARE caps Monthly copier maintenance 2 chain saw chains Catch traps Misc.repairs Replace two sprinkler heads 4/96 building permits Monthly cellular service Monthly usage Monthly cellular service Monthly service Film processing Engineering fees Office supplies Letterhead &envelopes 4/96 purchases 5/96 unit C16 rental Monthly gas usage $24.00 $133.35 $239.98 $150.04 $721.02 $47.90 $13,557.00 $89.51 $43,287.56 $62.76 $588.85 $35.36 $9,373.13 $176.38 $253.92 $340.50 $45.00 $763.65 $141,799.80 Motion by Councilman Gruber,seconded by Councilman Strain,to approve the consent agenda. The Mayor asked for a roll call vote:Ayes:Gruber,Strain,Heath,Lihs,and Lugar.Nays:None. Motion carried 5 to O. Mayor's Proclamation.Mayor Bailey declared the week of May 12th -18th as School Board Recognition Week. School Board Recognition Week -1996 WHEREAS,an excellent public education system is vital to the quality of life for all our citizens,and WHEREAS,Iowa's more than 2,100 school board members represent a tremendous resource as local decision makers,responding to the needs of their communities based on varying local conditions and serving as the voice of their communities,and WHEREAS,School boards continually strive for improvement and progress in education to ensure that Iowa school children are prepared for the future,and WHEREAS,The members of the Waukee School District Board of Education have shown their dedication to maintaining our community's excellent school system 4 and improving it for the future,and WHEREAS,The men and women elected by the people as members of school boards deserve recognition and thanks for countless hours of voluntary public service to education in Iowa, Now,therefore,I,Donald Lee Bailey,Jr .,Mayor of Waukee,Iowa do hereby proclaim May 12-18,1996,as School Board Recognition Week and call its significance to the attention of all of our citizens. Set A Date For a Public Hearing -Urban Renewal Tax Increment Revenue Bond.Motion by Councilwoman Lihs,seconded by Council Lugar,to set a Public Hearing date May 20,1996 at 7:00pm at Waukee City Hall.The Mayor asked for a roll call vote:Ayes:Lihs,Lugar,Gruber, Strain,and Heath.Nays:None.Motion carried 5 to O. , Set A Date for a Public Heariug -Budget Ameudment.Motion by Councilman Gruber, seconded by Councilwoman Lihs,to set a Public Hearing date May 20,1996 at 7:00pm at Waukee City Hall for a Budget Amendment.The mayor asked for a roll call vote:Ayes: Gruber,Lihs,Lugar,Strain,and Heath.Nays:None.Motion carried 5 to O. Engineering Services -University Trunk Sewer.Table until later in the meeting. 28E Agreement -High School-University Trunk Sewer Program.The City and School have been working together for the past month on an agreement which would allow the School to loan the City money to help lessen the amount the City would need to bond to make up any differences caused by those claiming Agricultural Deferment along University. With the School picking up the first $225,000,the City would only have to levy $225,000.The City should also consider that the special assessments will not be filed until the fall of 1997 at the earliest.It is very likely that some of the land that is now being claimed as agricultural deferment will be special assessed within a short amount of time. Motion by Councilman Gruber,seconded by Councilwoman Lihs,to make the following modifications to the 28E Agreement:1)delete the School collecting interest and 2)change the language in page 2 paragraph 2 to read -"Project.Except as herein provided,the term "Project" shall mean the overall cost of a hunk sewer line,as more specifically described on the attached Exhibit "A",with such amendments as may be permitted by law"and to direct Paul Huscher, City Attorney,to inform Mr.Bittle of the changes to the 28E Agreement.The Mayor asked for a roll call vote:Ayes:Gruber,Lihs,Lugar,Strain,and Heath.Nays:None.Motion carried 5 to O. The Council directed Kurt to send a letter to the Southfork residents and any other residents that may be affected by the trunk sewer. 5 Ordinance -Lots of Record -Public Hearing.Motion by Councilwoman Lihs to introduce the following Ordinance. Motion by Councilwoman Lihs,seconded by Councilman Lugar,to have the first reading of the following Ordinance in title only.The Mayor asked for a roll call vote:Ayes:Lihs,Lugar, Heath,Gruber,and Strain.Nays:None.Motion carried 5 to O. ORDINANCE NO.2217 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY AMENDING SECTION 301.21 TO INCLUDE USE OF EXISTING LOTS OF RECORD. BE IT ORDAINED by the Council of the City of Waukee: Section I.Section 301.21 of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City,is hereby amended by adding thereto the following: 1.Use of Existing Lots of Record.In any district where dwellings are permitted,a single family dwelling may be located on any lot of record as of the effective date of this ordinance irrespective of its area or width;provided however: I.The sum of the side yard widths of any such lot or lots shall not be less than twenty (20)percent of the width of the lot,but in no case less than ten (10)percent of the width of the lot or five (5)feet,whichever is greater, for anyone side yard. 2.The depth of the rear yard of any such lot need not exceed twenty (20) percent of the depth of the lot,but in no case less than twenty (20)feet. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall 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 6th day of May,1996,and approve this 6th day of May,1996. 6 Motion by Councilwoman Lihs,seconded by Councilman Strain,to waive the second and third readings.The Mayor asked for a roll call vote:Ayes:Lihs,Strain,Gruber,Lugar,and Heath. Nays:None.Motion carried 5 to O. Motion by Councilwoman Lihs,seconded by Councilman Strain,to put the ordinance on its final passage.The Mayor asked for a roll call vote:Ayes:Lihs,Strain,Lugar,Heath,and Gruber. Motion carried 5 to O. Mayor Bailey declared the Ordinance No.2217 duly adopted and passed. Mobile Home Park Ordinance -Public Hearing.Motion by Councilman Gruber to introduce the following Ordinance. Motion by Councilman Gruber,seconded by Councilman Lugar,to have the Ordinance read for the first time in title only.The Mayor asked for a roll call vote:Ayes:Gruber,Lugar,Heath,and Strain.Nays:Lihs.Motion carried 4 to 1. ORDINANCE NO.2218 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE, ZONING ORDINANCE OF THE CITY OF WAUKEE,row A,BY AMENDING SECTION 301.15(E)(4),"R-6"MOBILE HOME,TO PROVIDE FOR MINIMUM SEPARATION OF MOBILE HOMES AND OTHER BUILDINGS AND STRUCTURES. BE IT ORDAINED by the Council of the City of Waukee: Section I.Section 301.15(E)(4)of Chapter 301,Waukee Municipal Code,Zoning Ordinance of the city,is hereby amended by deleting said subparagraph,and inserting in lieu thereof the following: 4.Each lot shall have a front yard not less than fifteen (15)feet in depth measured from the edge of the surfaced private street to the mobile home.Side yards shall be maintained to provide a minimum separation between mobile homes of at least ten (10)feet;and a minimum separation of at least six (6)feet shall be maintained between mobile homes and any other buildings or structures on the same or adjoining lots.Rear yard separations shall be maintained so as to provide separation of mobile homes of at least sixteen (16)feet,at ground level,provided that the nearest point of mobile homes,including overhangs,shall be at least two (2)feet from any gas main.Except as otherwise provided herein,measurements to the mobile homes shall be taken from the closest point between the paved portion of the street and/or the closest point of the mobile homes at ground level, provided that the overhang or extension shall extend out from the mobile home by no more than two (2)feet. 7 I The sixteen (16)foot rear yard separation requirement shall not apply to any mobile home park developments approved and completed prior to November 1, 1993,provided that any new mobile homes placed in any such developments shall have the nearest point of the mobile home,including overhangs,at least two (2) feet from any gas main,and have a rear yard separation of at least ten (10)feet. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall 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 Council this 6th day of May,1996,and approved this 6th day of May, 1996. Motion by Councilman Gruber,seconded by Councilwoman Heath,to waive the second and third readings.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Lugar,and Strain. Nays:Lihs.Motion carried 4 to 1. Motion by Councihnan Lugar,seconded by Councilman Gruber,to put Ordinance No.2218 on its final passage.The Mayor asked for a roll call vote:Ayes:Lugar,Gruber,Strain,and Heath. Nays:Lihs.Motion carried 4 to 1. The Mayor declared the ordinance duly adopted and passed. EAP Program.John Wesselmaun,Public Works Director,explained to the Council that the program at Iowa Methodist is less expensive,and provides up to six (6)sessions.The current EAP Program provides up to three (3)sessions. Motion by Councihnan Strain,seconded by Councilwoman Heath,to accept the proposal from Iowa Methodist with a yearly evaluation.The Mayor asked for a roll call vote:Ayes:Strain, Heath,Lihs,and Gruber.Nays:Lugar.Motion carried 4 to 1. Ordinance Limiting Gas Within City Limits -2nd Reading.This Ordinance prohibits any other corporation,firm,person,or entity other than the City,from constructing,installing,or maintaining any gas main,yard line,consuming gas piping,etc.in the City of Waukee. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to have Ordinance No.2219 8 read for the second time in title only.The Mayor asked for a roll call vote:Ayes:Lihs,Gruber, Strain,Heath,and Lugar.Nays:None.Motion carried 5 to O. ORDINANCE NO.2219 AN ORDINANCE TO AMEND CHAPTER 201,WAUKEE GAS BUILDING CODE, OF THE CITY OF WAUKEE,IOWA,BY AMENDING SECTION 201.2,TO PROHIBIT CONSTRUCTION OF GAS MAINS,YARD LINES,OR CONSUMER'S GAS PIPING OR MOVEMENT OF NATURAL GAS THROUGH ANY CONDUIT BY ANY GAS DISTRIBUTION SYSTEM OR GAS COMPANY OTHER THAN THE WAUKEE MUNICIPAL GAS SYSTEM OR ITS CUSTOMERS WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE,IOWA. BE IT ORDAINED by the Council ofthe City of Waukee: Section I.Section 201.2 of Chapter 201,Waukee Gas Building Code of the City,is hereby amended by adding thereto the following: No person,firm,corporation,or other entity than the Waukee Municipal Gas System of the City of Waukee or its customers shall install,construct,or maintain any gas main,yard line,consumer's gas piping,or gas distribution system,or cause movement of natural gas through any conduit within the city limits ofthe City of Waukee,Iowa. Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall 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 fmal passage, approval and publication as provided by law. Passed by the Council this 6th day of May,1996,and approved this 6th day of May, 1996. Motion by Councilman Gruber,seconded by Councilwoman Lihs,to waive the third reading. The Mayor asked for a roll call vote:Ayes:Gruber,Lihs,Lugar,Strain,and Heath.Nays:None. Motion carried 5 to O. 9 Motion by Councilman Gruber,seconded by Councilwoman Lihs,to put Ordinance No.2219 on I~----- i, its final passage.The Mayor asked for a roll call vote:Ayes:Gruber,Lihs,Lugar,Strain,and Heath.Nays:None.Motion carried 5 to O. Mayor Bailey declared Ordinance No.2219 duly adopted and passed. Planning and Zoning Report.The Council received a written report. Motion by Councilman Strain,seconded by Councilman Lugar,to receive the Planning & Zoning report.The Mayor asked for a voice vote.Motion carried. Utilities Committee Report.The Council received a written report. Motion by Councilman Gruber,seconded by Councilman Strain,to receive the Utilities Committee Report.The Mayor asked for a voice vote.Motion carried. Mayor's Report.Mayor Bailey updated the Council on the following items:letters received from the 4th grade class;Citizen of the Year reception;Little League;Betterment Committee; and the Development Committee. South Dallas County Landfill-Closed Session.Motion by Councilman Gruber,seconded by Councilwoman Lihs,to enter into closed session 21.51 (C )"To discuss strategy with Counsel in matters that are presently in litigation or where litigation is inuninent 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,Lihs,Lugar,Heath,and Strain.Nays:None. Motion carried 5 to O. The Council entered into closed session at 9:20pm. The Council came out of closed session at 9:52pm. Engineering Services -University Trunk Sewer.Motion by Councilman Strain,seconded by Councilman Lugar,to hire Veenstra &Kimm for engineer services for the University Trunk Sewer Project in the amount of $58,900.00.The Mayor asked for a roll call vote:Ayes:Strain, Lugar,Gruber,Heath,and Lihs.Nays:None.Motion carried 5 to O. Annexation -Closed Session.Motion by Councilwoman Lihs,seconded by Councilman Lugar, to enter into closed session 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,Lugar,Heath,Strain,and Gruber.Nays:None.Motion carried 5 to O. The Council entered closed session at 10:15pm. 10 The Council came out of closed session at 10:45pm. Motion by Councilwoman Lihs,seconded by Councilwoman Heath,to adjourn the meeting at IO:46pm.The Mayor asked for a voice vote.Motion carried. Attested: Kurt A.Rueckel,City Clerk J iil Ii !II" il 11